Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 5 - Water Quality
Section 401 KAR 5:050 - General provisions of KPDES Permitting Program
Current through Register Vol. 50, No. 9, March 1, 2024
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.
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.
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.
STATUTORY AUTHORITY: KRS 224.10-100, 224.16-050, 224.70-110, 40 C.F.R. 122.403, 33 U.S.C. 1251-1387