RELATES TO:
KRS
224.10-100,
224.16-050,
224.70-100,
224.70-110,
40 C.F.R. 122,
33 U.S.C.
1251-1387
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 authorizes the cabinet to issue,
continue in effect, revoke, modify, suspend, or deny under such conditions as
the cabinet may prescribe, permits to discharge into 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 Clean Water
Act,
33 U.S.C. Section
1251-1387,
subject to the conditions imposed in
33 U.S.C. Section
1342(b) and (d). This
administrative regulation establishes the requirements applicable to cooling
water intakes structures for new and existing facilities under Section 316(b)
of the Clean Water Act,
33 U.S.C.
1326(b).
Section 1.
(1) Except as established in Sections 2 and 3
of this administrative regulation, requirements for new facilities pursuant to
Section 316(b) of the Clean Water Act,
33 U.S.C.
1326(b), shall be as
established in
40 C.F.R.
125.80 through
125.89.
(2) Except as established in Sections 2 and 3
of this administrative regulation, requirements for existing facilities
pursuant to Section 316(b) of the Clean Water Act,
33 U.S.C.
1326(b), shall be as
established in
40 C.F.R.
125.90 through
125.98.
Section 2. Political subdivisions and
interstate agencies may adopt or enforce requirements that are more stringent
than this administrative regulation.
Section
3. Substitutions. The following terms shall be substituted in the
federal regulations cited in this administrative regulation:
(1) "Waters of the Commonwealth" shall
replace "waters of the United States"; and
(2) "Cabinet" shall replace
"Director".
