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224.16-050 Issuance of federal permits by cabinet -- Activities not requiring
permit -- Wetlands delineation -- Application fee.
(1)
(2)
(3)
(4)
(5)
(6)
The cabinet may issue federal permits pursuant to 33 U.S.C. sec. 1342(b) of
the Federal Water Pollution Control Act (33 U.S.C. secs. 1251 et seq.) subject
to the conditions imposed in 33 U.S.C. secs. 1342(b) and 1342(d). The cabinet
may issue federal permits pursuant to 33 U.S.C. sec. 1344(e) and (g) of the
Federal Water Pollution Control Act, 33 U.S.C. secs. 1251 et seq., subject to
the conditions imposed in 33 U.S.C. sec. 1344(h), (i), and (j). Any exemptions
granted in the issuance of NPDES permits shall be pursuant to 33 U.S.C. secs.
1311, 1312, and 1326(a). The cabinet shall report to the standing committees
of jurisdiction over environmental protection, and appropriations and revenue,
no later than January 1, 2006, on the costs, personnel requirements, and any
statutory or regulatory changes needed to support state assumption of the
permitting program under 33 U.S.C. 1344(e) and (g), and the anticipated
benefits in permit streamlining and environmental quality from state
administration of the program.
The cabinet may certify pursuant to 33 U.S.C. sec. 1341 that applicants for a
federal permit for the construction or operation of facilities which may result in a
discharge into the waters of the Commonwealth will comply with the applicable
provisions of the Federal Water Pollution Control Act (33 U.S.C. secs. 1251 et
seq.).
The cabinet shall not undertake either of the actions authorized in subsections
(1) or (2) of this section unless the Governor of the Commonwealth has
determined that such activity will be in the best interests of the environment
and the people of the Commonwealth.
The cabinet shall not impose under any permit issued pursuant to this section
any effluent limitation, monitoring requirement, or other condition which is more
stringent than the effluent limitation, monitoring requirement, or other condition
which would have been applicable under federal regulation if the permit were
issued by the federal government.
Nonprofit organizations which have been qualified under Section 501(c)(3) f
the Internal Revenue Code and which operate their own treatment facilities and
which are designated for capacities less than ten thousand (10,000) gallons
per day shall be charged a fee no greater than fifty dollars ($50) by the cabinet
to process a construction permit, nor a fee greater than twenty dollars ($20) per
year for an operating permit for one (1) facility. These fees shall in no case be
higher than the fees charged by the cabinet to process permit applications for
comparable privately owned facilities. This subsection shall not apply to any
school or waterworks owned by a water district, water association, or
municipality and established pursuant to KRS Chapters 74 or 106.
The following activities do not require a permit issued under 33 U.S.C. sec.
1344. The discharge of dredged or fill material:
(a) From normal farming, silviculture, and ranching activities such as plowing,
seeding, cultivating, minor draining, harvesting for the production of food,
fiber, and forest products, or upland soil and water conservation practices;
(b) For the purpose of maintenance, including emergency reconstruction of
recently damaged parts of currently serviceable structures such as dikes,
(7)
(8)
dams, levees, groins, riprap, breakwaters, causeways, bridge abutments
or approaches, and transportation structures;
(c) For the purpose of construction or maintenance of farm or stock ponds,
irrigation ditches, or the maintenance of drainage ditches;
(d) For the purpose of construction of temporary sedimentation basins on a
construction site which does not include placement of fill material into the
navigable waters; or
(e) For the purpose of construction or maintenance of farm roads, forest
roads, or temporary roads for moving mining equipment, where the roads
are constructed and maintained, in accordance with best management
practices, to ensure that flow and circulation patterns and chemical and
biological characteristics of the navigable waters are not impaired, that
the reach of the navigable waters is not reduced, and that any adverse
effect on the aquatic environment will be minimized.
Prior to assuming delegated authority from the United States Environmental
Protection Agency to administer 33 U.S.C. sec. 1344(e) and (g), the cabinet
shall enter into a memorandum of agreement with the United States
Department of Agriculture (USDA) regarding wetlands delineation on
agricultural lands or lands owned or operated by a USDA program participant.
The cabinet shall give the same deference to wetlands delineations made by
USDA as would have been given by a federal agency administering 33 U.S.C.
sec. 1344(e) and (g).
The cabinet may establish by regulation a fee for processing permit
applications under 33 U.S.C. sec. 1344.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 174, sec. 1, effective June 20, 2005. -Amended 1990 Ky. Acts ch. 412, sec. 2, effective July 13, 1990. -- Amended
1978 Ky. Acts ch. 257 Ky. Acts ch. 2, effective June 17, 1978. -- Created 1974
Ky. Acts ch. 355, sec. 3, effective June 21, 1974.
Formerly codified as KRS 224.034.
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