Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 5 - Water Quality
Section 401 KAR 5:310 - Surface water permit fees
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01-010, 224.10-110, 224.16-050, 224.70-100, 224.70-110, 26 U.S.C. 501(c)(3), EO 2009-538
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-230(3) authorizes the cabinet to amend, by administrative regulation, the discharge permit fees authorized by KRS 224.70-120. KRS 224.10-100(20) authorizes the cabinet to establish, by administrative regulation, a fee for the cost of processing an application for a permit. 40 C.F.R. 122.28(b)(2)(i) requires the cabinet to establish that a complete and timely filed notice of intent to be covered in accordance with general permit requirements, fulfills the requirements for a permit application. EO 2009-538, effective June 12, 2009, establishes the new Energy and Environment Cabinet. This administrative regulation establishes fees for reviewing surface water permits.
Section 1. Individual Permit Fees. The fee for review of an individual permit to discharge pollutants into waters of the Commonwealth shall be as established in Table 1 in this section.
Table 1: Individual Permit Fees |
|
Major Industry |
$7,000 |
Minor Industry |
$4,500 |
Nonprocess Industry |
$2,200 |
Large, Non-publicly-owned Treatment Works |
$3,700 |
Intermediate, Non-publicly-owned Treatment Works |
$3,200 |
Small, Non-publicly-owned Treatment Works |
$2,200 |
Agriculture (CAFO) |
$1,200 |
Surface Mining Operation |
$3,300 |
Section 2. General Permit Fees. The fee for review of a general permit notice of intent to discharge pollutants into waters of the Commonwealth shall be as established in Table 2 of this section.
Table 2: General Permit Fees |
|
Coal Mining |
$1,300 |
Non-Coal Mining |
$0 |
Transportation Facility |
$0 |
Drinking Water Treatment Plant |
$0 |
Groundwater Remediation |
$0 |
Storm Water Construction |
$0 |
CAFO |
$0 |
Storm Water Other |
$0 |
Section 3. Kentucky No Discharge Operational Permit (KNDOP) Fees. The fee for review of a KNDOP shall be as established in Table 3 of this section.
Table 3: KNDOP Fees |
|
Large Animal Feeding Operation |
$0 |
Medium Animal Feeding Operation |
$0 |
Small Animal Feeding Operation |
$0 |
Industrial |
$1,200 |
Sanitary |
$0 |
Section 4. Multiple Categories. The cabinet shall impose the single maximum fee if a discharge falls into multiple categories.
Section 5. Short Term Permits. If the cabinet issues a permit that is effective for less than five (5) years, the fee assessed pursuant to this administrative regulation shall be adjusted proportionately to the effective term of the permit.
Section 6. Publicly Owned Facilities. A publicly owned facility shall be exempt from the fees established in this administrative regulation pursuant to KRS 224.10-100(20).
Section 7. Nonprofit Organizations.
Section 8. Payment.
STATUTORY AUTHORITY: KRS 224.10-100, 224.10-230(3), 224.16-050, 224.70-120, 40 C.F.R. 122.28(b)(2), 33 U.S.C. 1323(a), EO 2009-538