RELATES TO:
KRS
224.10-100,
224.70-100,
224.70-110
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(19) requires the
cabinet to issue, continue in effect, revoke, modify, suspend, or deny permits
to discharge into waters of the Commonwealth.
KRS
224.10-100(21) authorizes
the cabinet to require technological levels of treatment and effluent
limitations. This administrative regulation establishes minimum treatment
requirements, requires all persons discharging pollutants through point sources
to apply these measures, or more stringent as required, to comply with water
quality standards, and requires a minimum of secondary treatment or best
conventional pollutant control technology for a facility that receives
biochemically degradable wastes.
Section
1. Treatment Requirements.
(1)
This administrative regulation shall apply to all discharges to
surface waters
of the Commonwealth as defined by
401 KAR
10:001.
(2) All persons who
discharge through a point
source shall, as a minimum, apply the
secondary treatment, or equivalent,
considering the:
(a) Total cost of the
application of such technology in relation to the effluent reduction benefits
to be achieved;
(b) Age of the
equipment and facilities involved;
(c) Process employed;
(d) Engineering aspects of the application of
various types of control techniques; and
(e) Nonwater quality environmental
impact.
(3) All persons
who
discharge through a point
source shall apply the best
available waste
control technology, or equivalent, considering:
(a) The factors in subsection (2) of this
section;
(b) Any operating and
maintenance procedures;
(c)
Schedules and prohibitions of activities; and
(d) Other management practices to control
site run-off, spillage, leaks, sludge or waste disposal, or drainage from raw
material storage.
(4) The
cabinet may deny, revoke, or modify a permit to any applicant if the discharge
does not comply with
KRS
224.70-100.
Section 2. Biochemically Degradable Wastes;
Treatment.
(1) A facility that receives an
influent that is biochemically degradable and discharges into waters of the
Commonwealth shall provide a minimum of secondary treatment to that influent
prior to its discharge.
(2) A
facility subject to treatment requirements established in
401
KAR 5:080, Section 2 shall be exempt from the
requirements of this administrative regulation.
Section 3. Secondary Treatment of
Biochemically Degradable Wastes.
Secondary treatment shall be the degree of
treatment that results in an effluent quality that complies with the minimum
requirements established in this section.
(1)
Biochemical oxygen demand, five (5) days.
(a)
The arithmetic mean of the values for effluent samples collected during a
period of thirty (30) consecutive days shall not exceed thirty (30) milligrams
per liter.
(b) The arithmetic mean
of the values for effluent samples collected during a period of seven (7)
consecutive days shall not exceed forty-five (45) milligrams per
liter.
(2) Suspended
solids.
(a) The arithmetic mean of the values
for suspended solids in effluent samples collected during a period of thirty
(30) consecutive days shall not exceed thirty (30) milligrams per
liter.
(b) The arithmetic mean of
values for suspended solids in effluent samples collected during a period of
seven (7) consecutive days shall not exceed forty-five (45) milligrams per
liter.
Section
4. Continuation of a Permit. A person responsible for an existing
facility that receives biochemically degradable influent and discharges into
waters of the Commonwealth shall apply for a permit to continue to discharge to
the waters of the Commonwealth not later than 180 days prior to the expiration
of the current permit.
