RELATES TO:
KRS
224.10-110,
224.18-760,
40
C.F.R. 122.21,
122.29,
125.1,
125.2,
125.3,
125.10,
125.11,
125.31,
125.32,
125.70,
125.71,
125.72,
125.73,
401.15
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 authorizes the cabinet to issue,
continue in effect, revoke, modify, suspend or deny under conditions as the
cabinet may prescribe, permits to discharge into any waters of the
Commonwealth.
KRS
224.16-050 authorizes the cabinet to issue
federal permits pursuant to
33 U.S.C.
1342(b) of the Federal Water
Pollution Control Act,
33 U.S.C.
1251-1387.
This administrative regulation establishes the criteria and standards for the
KPDES permitting system.
Section 1.
Definitions. Definitions established in
40
C.F.R.
122.2 shall apply for the
interpretation of the federal regulations cited within this administrative
regulation.
Section 2. Criteria and
standards for technology-based treatment standards shall be as established in:
Section 3. Criteria for issuance of permits
to aquaculture projects shall be as established in:
Section 4. Criteria and standards for
determining fundamentally different factors shall be as established in:
Section 5. Criteria for determining
alternative effluent limitations for the control of a thermal component of a
discharge shall be as established in:
Section 6. Special
KPDES program requirements
related to new sources and new discharges shall be as established in
40 C.F.R.
122.29.
Section 7. Toxic pollutants shall be as
established in
40 C.F.R.
401.15.
Section 8. The level of effluent quality
attainable through the
application of secondary or equivalent treatment shall
be as established in:
Section 9. Modifications, Exceptions, and
Additions to Cited Federal Regulations.
(1)
"Waters of the United States" shall be modified to "Waters of the Commonwealth"
in the federal regulations cited in this administrative regulation;
(2) "Director" shall be modified to "cabinet"
in the federal regulations cited in this administrative regulation;
(3) "NPDES" shall be modified to "KPDES" in
the federal regulations cited in this administrative regulation; and
(4) The notification requirements related to
applications for a thermal
variance shall be modified to add the notification
of interstate agencies in
40
C.F.R.
125.72(d).
