I have purchased a "new construction" home located in Hopkins County
of Western KY.  Among several issues, I've discoverd that the builder
has buried a great deal of construction debris in the back yard. 
After contacting the KY dept. of Env. protection, I was informed that
this was not legal.  When I spoke to a local agent of the same dept. 
I was informed that it was legal under a statute that addresses a
permit by-rule, under the conditions that it did not contain hazardous
debris (which is in question).  I want to know if using the property
of a new construction home purchased in 2005 as a construction debris
landfill is a legal act or not in the Commonwealth of KY and the
county of Hopkins.  Any reference to specific statutes would be
helpful as well.  The property is under one acre and is not adjacent
to a waterway.

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Request for Question Clarification by tutuzdad-ga on 17 Apr 2006 12:00 PDT

Dear wefoundnemo-ga;

The landfill permitting law is found in the following sources: 

Kentucky Revised Statutes (KRS) Chapter 224: 
http://www.lrc.state.ky.us/KRS/224-01/CHAPTER.HTM

401 Kentucky Administrative Regulations (KAR) Chapters 30, 40, 45, 47, 48, and 49.
http://www.lrc.state.ky.us/kar/TITLE401.HTM

The issue appears to be rather complicated. We cannot provide legal
advice in this forum but from what I gather, from a layman?s
perspective, it does appear legal provided that certain criteria are
met. Please let me know if this answers your question sufficiently.

401 KAR 48:320. Operating requirements for less than one (1) acre
construction/demolition debris landfills.
http://www.lrc.ky.gov/kar/401/048/320.htm

Regards;
Tutuzdad-ga