RELATES TO:
KRS
224.1-010,
224.1-070,
224.1-400,
224.10-110,
224.16-050,
224.70-100,
224.70-110,
224.70-120,
224.99-010, 40 C.F.R.
122.403,
33 U.S.C.
1251-1387
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 authorizes
the Energy and Environment Cabinet to issue, continue in effect, revoke,
modify, suspend or deny under such conditions as the cabinet may prescribe,
permits to discharge into the waters of the Commonwealth.
KRS
224.16-050 authorizes the cabinet to issue
federal permits pursuant to
33 U.S.C. Section
1342(b) of the Federal Water
Pollution Control Act (33 U.S.C. Section
1251 et seq.) and requires that the cabinet
shall not impose under any permit issued pursuant to this section any effluent
limitation, monitoring requirement, or other condition that is more stringent
than would have been applicable under the federal regulation if the permit were
issued by the federal government. This administrative regulation establishes
the provisions, terms, effect, schedule of compliance, and duration of a KPDES
permit, and the basis for permit modification or revocation and
reissuance.
Section 1. Conflicting
Provisions. The provisions of the KPDES administrative regulations shall be
construed as compatible with and complementary to each other. If any of these
administrative regulations are found by a court of competent jurisdiction to be
contradictory, the more stringent provisions shall apply.
Section 2. Duration of Permits. The duration
of a
KPDES permit shall be as established in
40
C.F.R.
122.46.
Section 3. Schedules of Compliance. The
schedule of compliance for a
KPDES permit shall be as established in
40 C.F.R.
122.47.
Section 4. Requirements for Recording and
Reporting of Monitoring Results. The requirements for recording and reporting
of a monitoring result shall be as established in
40
C.F.R.
122.48.
Section 5. Effect of a
Permit.
(1) Except for a toxic effluent standard or
prohibition established in
401 KAR
5:065, compliance with a
KPDES permit during its term
shall constitute compliance, for purposes of enforcement, with the
KPDES
program.
(2) A permit may be
modified, revoked and reissued, or revoked during its term for cause as
established in Sections 7 and 8 of this administrative regulation.
(3) The issuance of a permit shall not convey
property rights or exclusive privilege.
(4) The issuance of a
permit shall not
authorize:
(a) Injury to persons or
property;
(b) Invasion of other
private rights; or
(c) Infringement
of state or local law or administrative regulations.
Section 6. Transfer of Permits.
Transfer of a
KPDES permit shall be as established in
40
C.F.R.
122.61.
Section 7. Modification or Revocation and
Reissuance of
Permit.
(1) The modification or
revocation and reissuance of a
KPDES permit shall be as established in
40
C.F.R.
122.62.
(2) A minor modification of a
KPDES permit
shall be as established in
40 C.F.R.
122.63.
Section 8. Revocation of
Permit. The causes
and procedure for revoking a
KPDES permit shall be as established in
40
C.F.R.
122.64.
Section 9. Substitutions, Exceptions, and
Additions to Cited Federal Regulations.
(1)
"Waters of the Commonwealth" shall be substituted for "waters of the United
States" in the federal regulations cited in this administrative
regulation.
(2) "Cabinet" shall be
substituted for "Director" in the federal regulations cited in this
administrative regulation.
(3)
"KPDES" shall be substituted for "NPDES" in the federal regulations cited in
this administrative regulation.
