There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subchapter 71 Agriculture Water Quality
224.71.120 Agriculture water quality plans -- Monitoring -- Water priority protection regions -- Plan modifications.
Download pdf(1) In the case of an agriculture operation which already has in place a conservation plan, compliance plan, or forest stewardship management plan, the agriculture water
quality plan for that agriculture operation shall be the conservation plan, compliance
plan, or forest stewardship management plan until the time the statewide agriculture
water quality plan for agriculture is developed, approved, and incorporated into the
existing plan. (2) All persons engaged in agriculture operations are encouraged to follow the best management practices provided by the Soil and Water Conservation Commission in
the "Agriculture Best Management Practices Manual" until the statewide agriculture
water quality plan is developed and approved. (3) The approved statewide agriculture water quality plan shall establish the applicable requirements to be used by the technical agencies in assisting persons engaged in
agriculture operations in the revision and modification of their conservation plans,
compliance plans, or forest stewardship management plans. Within five (5) years of
the approval of the statewide agriculture water quality plan, persons engaged in
agriculture operations across the state shall implement the applicable requirements
of the statewide plan. A person engaging in agriculture operations where water
pollution has been documented by the cabinet shall be presumed to be in
compliance with KRS 224.71-100 to 224.71-140 if that person has timely and
properly implemented the applicable requirements of the statewide agriculture water
quality plan. If it is determined that the plan does not prevent the documented water
pollution, it shall be the responsibility of the Agriculture Water Quality Authority,
not the agriculture operations, to identify the necessary modifications to the plan to
prevent the documented pollution. The Commonwealth of Kentucky, through the
conservation districts, shall assure that technical assistance is made available to
assist persons engaged in agriculture operations with the implementation of the
statewide plan requirements. The Commonwealth of Kentucky recognizes the
public benefit of providing the financial resources necessary to protect groundwater
and surface water and may make available cost share dollars to assist persons
engaged in agriculture operations with the implementation of their plans as
resources become available. The time for compliance with an agriculture water
quality plan may be extended based on the availability of technical and financial
assistance. (4) To ensure the success of agriculture's plan to protect groundwater and surface water, available statewide monitoring data shall be used to identify trends in water quality
across the state and to complement the groundwater assessment program of KRS
247.088. This data shall help identify water protection priority regions, develop a
scientific water quality database, and develop sensitivity map information. As
priority areas are identified on a regional or local basis, efforts shall be made to
conduct an intensive monitoring program by the Division of Water, in cooperation Page 2 of 3 with Kentucky Geological Survey, and the Agriculture Water Quality Authority, to
investigate known or suspected instances of groundwater pollution. (5) The cabinet's Division of Water shall notify in writing the local conservation districts, the Soil and Water Conservation Commission, and the Agriculture Water
Quality Authority that water pollution from agriculture operations within a region
has been documented through data collected from monitoring efforts. The Division
of Water, working with the Agriculture Water Quality Authority, shall designate
water priority protection regions where it is documented that agriculture is
contributing to water quality pollution problems. If the cabinet's Division of Water
identifies water pollution in a region, the authority shall reevaluate the effectiveness
of the best management practices, and the applicable provisions of the statewide
agriculture water quality plan in effect for agriculture operations in that region.
Working with the Soil and Water Conservation Commission and the conservation
district, the Agriculture Water Quality Authority shall develop a regional agriculture
water quality plan and assist persons engaged in agriculture operations in the
identified region in taking the appropriate steps to modify their agriculture water
quality plan. (6) Upon notice from the cabinet's Division of Water that water pollution from agriculture operations has been documented in a water priority protection region of
the state, the Soil and Water Conservation Commission and local conservation
districts shall provide notice to persons engaging in agriculture operations within
the region of the availability of any technical and financial assistance. The notice
shall also state that, in order to qualify for any available assistance, the person
engaging in agriculture operations shall comply with the regional water quality plan.
The notice shall be in a form which shall not limit the ability of a person engaged in
agriculture operations to participate in state and federal assistance programs. The
Division of Water and the conservation districts, in consultation with the
Agriculture Water Quality Authority, shall set the time for implementation of the
regional water quality plan. (7) A person engaging in agriculture operations in an agriculture water priority protection region shall implement the regional plan with assistance from the
commission, the conservation districts, and the Division of Water. (8) Persons engaged in agriculture operations may obtain modifications of any statewide or regional agriculture water quality plan by submitting the proposed
modification for review to the appropriate conservation district in accordance with
the procedure established in the statewide agriculture water quality plan. The
conservation district shall review proposed modifications and make a
recommendation to the Agriculture Water Quality Authority for consideration. If the
authority recommends approval of the modification, the cabinet's Division of Water
shall approve or disapprove the modification on at least a quarterly basis, unless
otherwise provided in the statewide agriculture water quality plan. (9) A person engaging in agriculture operations who is in a water priority protection region where water pollution has been documented by the cabinet shall be presumed
to be in compliance with KRS 224.71-100 to 224.71-140 if that person has timely Page 3 of 3 and properly implemented the practices required by the portions of the regional
agriculture water quality plan which apply to that person's activities. (10) Where there is documented evidence of a violation of water pollution laws or administrative regulations traceable to a specific agriculture operation, the
provisions of KRS 224.71-130 shall govern the resolution of the violation. Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 182, sec. 3, effective July 15, 1994.
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