Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.1-010,
224.1-400,
224.70-100,
224.70-120,
224.99-010
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the cabinet to provide
for the prevention, abatement, and control of water pollution, and authorizes
the cabinet to issue, continue in effect, revoke, modify, suspend, or deny
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 application requirements for a
KPDES permit and contains additional requirements for general and specific
categories of dischargers.
Section 1.
Definitions. Except as established in
401 KAR
5:002, 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. Applying for
a KPDES Permit.
(1) Application requirements.
A person who is required to have a permit, including a new applicant or
permittee with an expiring permit, shall complete, sign, and submit an
application to the cabinet as established in this administrative regulation and
401
KAR 5:055.
(2) Duty to apply.
(a)
1. A
person who discharges or proposes to discharge pollutants and who does not have
an effective permit shall submit a complete application to the cabinet in
accordance with this section, unless excluded as established in clauses a.
through c. of this subparagraph.
a. A person
covered pursuant to general permits as established in
40
C.F.R. 122.28.
b. A person discharging to a POTW as
established in
40
C.F.R. 122.3 unless the cabinet requires an
individual permit pursuant to
40
C.F.R. 122.44(m).
c. A user of a privately owned treatment
works, unless the cabinet requires an individual permit pursuant to
40
C.F.R.
122.44(m).
2. The application shall include a BMP
program if necessary pursuant to
40
C.F.R.
122.44(k).
(b) An applicant shall submit the appropriate
application form, as established in Table 1 of this paragraph.
TABLE 1
|
Discharge Type
|
Required Application Form
|
POTW
|
1 and A
|
CAFO
|
1 and B
|
Aquatic Animal Production Facility
|
1 and B
|
Manufacturing, commercial, mining and silvicultural
discharges with process water
|
1 and C
|
Manufacturing, commercial, mining and silvicultural
discharges with nonprocess wastewater only
|
1 and SC
|
Industrial stormwater point source discharges
|
1 and F
|
(3) Additional requirements for KPDES
applications shall be as established in
40
C.F.R. 122.21 and the modifications,
exceptions, and additions of Section 11 of this administrative
regulation.
(4) Continuation of
expiring permits.
(a) The conditions of an
expired permit shall continue in force until the effective date of a new permit
if:
1. The permittee has submitted a timely
and complete application; and
2.
The cabinet, through no fault of the permittee, does not issue a new permit
with an effective date pursuant to
401
KAR 5:075, Section 11, on or before the expiration
date of the previous permit.
(b) Effect. A permit continued pursuant to
this subsection shall remain fully effective and enforceable until the
effective date of a new permit.
(c)
Enforcement. If the permittee is not in compliance with the conditions of the
expiring or expired permit the cabinet shall:
1. Initiate enforcement action based upon the
permit that has been continued;
2.
Issue a notice of intent to deny the new permit pursuant to
401
KAR 5:075, Section 3;
3. Issue a new permit pursuant to
401
KAR 5:075 with appropriate conditions to ensure that
the permit is protective of water quality; or
4. Take action authorized by KRS 224 and 401
KAR Chapter 5.
Section 3. Service of Process.
(1) Each applicant and permittee shall
provide the cabinet with an address for receipt of a legal document for service
of process.
(2) The last address
provided to the cabinet pursuant to this provision shall be the address at
which the cabinet shall tender a legal notice.
Section 4. Signatories to Permit Applications
and Reports. Signatories to permit applications and reports shall be as
established in
40
C.F.R. 122.22.
Section 5. Concentrated Animal Feeding
Operations.
(1) Additional permit application
and special KPDES program requirements shall be as established in
40
C.F.R. 122.23.
(2) The incorporation of the terms of a
CAFO's nutrient management plan into the terms and conditions of a general
permit if a CAFO obtains coverage under a general permit in accordance with
40
C.F.R. 122.23(h) and
40
C.F.R. 122.28 is not a cause for permit
modification pursuant to the requirements of
401 KAR
5:050, Section 7 or
40
C.F.R. 122.62.
(3) The incorporation of changes to the terms
of a CAFO's nutrient management plan that have been revised in accordance with
the requirements established in
40
C.F.R. 122.42(e)(6) shall be
a minor modification as established in
40 C.F.R.
122.63.
Section 6. Concentrated Aquatic Animal
Production Facilities. A concentrated aquatic animal production facility shall
be a point source subject to the KPDES permit program and shall be subject to
permit application and special KPDES program requirements established in
40
C.F.R. 122.24.
Section 7. Aquaculture Projects. A discharge
into an aquaculture project shall be a point source subject to the KPDES permit
program and the requirements established in
40
C.F.R. 122.25.
Section 8. Stormwater Discharges. A point
source discharge of stormwater shall be subject to the KPDES permit program and
the requirements established in
40
C.F.R. 122.26.
Section 9. Silvicultural Activities. A
silvicultural point source shall be a point source subject to the KPDES permit
program and the requirements established in
40
C.F.R. 122.27.
Section 10. Regulated Small MS4.
(1) The objective of regulating a small MS4
shall be as established in
40
C.F.R. 122.30.
(2) The operator of a small MS4 shall be
subject to regulation as established in
40
C.F.R. 122.32.
(3) The application requirements for a small
MS4 shall be as established in
40
C.F.R. 122.33.
(4) The permit for a small MS4 shall contain
conditions consistent with the requirements established in
40 C.F.R.
122.34.
(5) A small MS4 may share responsibilities to
implement minimum control measures as established in
40
C.F.R. 122.35.
Section 11. 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.
(4)
The forms required in Section 2(2)(b) of this administrative regulation shall
be substituted for the federal forms established in
40
C.F.R. 122.21.
(5) The conditions for Cooling Water Phase II
shall be as established in
40
C.F.R.
122.21(r)(1)(ii).
(6) The special procedures related to thermal
variances cited as
40
C.F.R. Section 124.65 in
40
C.F.R. 122.21(m)(6) shall be
modified to
40 C.F.R.
124.62.
Section 12. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) KPDES Form 1, DEP 7032, March
2018;
(b) KPDES Form A, DEP 7032A,
March 2018;
(c) KPDES Form B, DEP
7032B, March 2018;
(d) KPDES Form
C, DEP 7032C, March 2018;
(e) KPDES
Form SC, DEP 7032SC, March 2018;
(f) KPDES Form F, DEP 7032F, March 2018;
and
(g) KPDES Form NE, DEP 7032NE,
March 2018.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Division of Water, 300 Sower Boulevard, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be obtained
through the Division of Water Web site at
http://water.ky.gov.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.10-110,
224.16-050,
224.70-110,
40 C.F.R.
110.6,
117.21, 122,
123.35,
136, 261,
262.34,
302.6,
355, Chapter I, Subchapter N, Parts 401-471,
33 U.S.C.
1251-1387,
42 U.S.C.
300h,
6901-7000,
11023