There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subchapter 16 State-Federal Relations
224.16.040 Factors to be considered when issuing federal permits, requiring long-term control plans, or enforcing federal Water Pollution Control Act.
Download pdfsewer overflows, requiring and approving long-term control plans for wet weather
discharges from combined or separate sanitary sewer systems, or enforcing provisions of
the federal Water Pollution Control Act, 33 U.S.C. secs. 1251 et seq., the cabinet shall
consider the following, to the extent allowable under this chapter and the federal Water
Pollution Control Act:
(1) Limitations on a community's financial capabilities and ability to raise or secure necessary funding; (2) Affordability of control options;
(3) An evaluation of the effectiveness and affordability of control technologies;
(4) Promotion of green infrastructure;
(5) Reducing economic impacts on regulated entities, other state and local governmental entities, and residents of the Commonwealth; (6) Allowing for reasonable accommodations for regulated entities and other state and local governmental entities when inflexible standards and fines would impose a
disproportionate financial hardship in light of the environmental benefits to be
gained; (7) Giving preference, where proposed by a permittee, to control options that meet presumption approach performance criteria and demonstrate significant pollution
reduction rather than mandating specific designs; (8) Allowing adequate time and flexibility for implementation schedules when justified by a clear environmental benefit, a community's ability to raise or secure adequate
funds, an analysis concluding that the costs of a shorter implementation schedule
outweigh the benefits of faster implementation, or other factors; and (9) Factors set forth in the United States Environmental Protection Agency's "Combined Sewer Overflow Control Policy" that may ease the cost burdens of
implementing long-term control plans, including but not limited to small system
considerations, the attainability of water quality standards, and the development of
wet weather standards. Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 143, sec. 1, effective July 15, 2010.
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