Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:060 - KPDES application requirements

Current through Register Vol. 51, No. 1, July 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.