reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Administration › Section 400 KAR 1:040 - Administrative discovery

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.200-146.360, 146.990, 151.182, 151.184,
				151.297, 151.990, Chapter 223, 224, 350.028, 350.070, 350.085, 350.093,
				350.130, 350.465, 350.990, 351.315, 351.345, 351.350, 353.060, 353.200,
				353.590, 353.5901, 353.620, 353.630, 353.640, 353.700,  30 C.F.R. Parts 730, 731, 732, 733, 735, 917, 30 U.S.C. 1253, 1255
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapters 146, 151,
				223, 224, 350, 351, and 353 authorize the cabinet to conduct administrative
				hearings and investigations concerning a wide variety of matters. This
				administrative regulation establishes procedures for discovery.
Section 1. General Provisions Governing
			 Discovery.
(1) Discovery methods. Parties to
			 administrative hearings may obtain discovery by one (1) or more of the
			 following methods, which shall not be limited except as established in
			 subsection (3) of this section:
(a)
			 Depositions upon oral examination or written questions;
(b) Written interrogatories;
(c) Production of documents or things or, for
			 parties other than the cabinet, permission to enter upon land or other
			 property, for inspection and other purposes; and
(d) Requests for admission.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Administration › Section 400 KAR 1:090 - Administrative hearings practice provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.200-146.360, 146.450, 146.530, 146.990,
				149.344, 149.346, 149.348, 151.125, 151.182, 151.184, 151.297, 151.990,
				Chapters 223, 224, 350.028, 350.029, 350.0301, 350.0305, 350.032, 350.060,
				350.070, 350.085, 350.090, 350.093, 350.130, 350.240, 350.255, 350.300,
				350.305, 350.465, 350.610, 350.990, 351.315, 351.345, 351.350, 353.060,
				353.200, 353.590, 353.5901, 353.620, 353.630, 353.640, 353.700,  30 C.F.R. Parts 724, 730, 731, 732, 733, 735, 917, 39 C.F.R., 30 U.S.C. 1253, 1255
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapters 146, 149,
				151, 223, 224, 350, 351, and 353 authorize the cabinet to conduct
				administrative hearings and authorize the cabinet to promulgate administrative
				regulations to regulate the administrative hearing process. This administrative
				regulation establishes procedures for conducting administrative hearings,
				administrative conferences, mediations, and issuance of final orders in regard
				to violations and final determinations of the cabinet made pursuant to KRS
				Chapters 146, 149, 151, 223, 224, 350, and 353.
Section 1. Applicability. This administrative
			 regulation establishes procedures for conducting an administrative hearing,
			 administrative conference, mediation, and issuance of a final order in regard
			 to a violation and a final determination of the cabinet made pursuant to KRS
			 Chapters 146, 149, 151, 223, 224, 350, 351.315 to 351.375, and 353, except for
			 those conducted by the Kentucky Oil and Gas Conservation Commission pursuant to
			 KRS 353.500 to 353.720.
Section 2.
			 Assignment of a Case Number and Caption.
(1)
			 Assignment of a case number.
(a) If the office
			 receives an initiating document, filed in accordance with Section 3 of this
			 administrative regulation by a person other than the cabinet, the office shall
			 assign a case number to that document.
(b) If the initiating document is filed by
			 the cabinet's Office of General Counsel, the Office of General Counsel shall
			 assign the case number to the document at the time of filing.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Administration › Section 400 KAR 1:100 - General administrative hearing practice provisions relating to matters brought under KRS Chapters 146, 149, 151, 223, 224, and 353

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.200 - 146.360, 146.990, 149.344, 149.346,
				149.348, 151.182, 151.184, 151.297, 151.990, Chapters 223, 224, 353
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 146 relating
				to wild rivers, KRS Chapter 149 relating to timber harvesting, KRS Chapter 151
				relating to water resources, KRS Chapter 223 relating to water plant operators
				and water well drillers, KRS Chapter 224 relating generally to environmental
				protection, and KRS Chapter 353 related to oil and gas development authorize
				the cabinet to conduct administrative hearings and promulgate administrative
				regulations. This administrative regulation establishes procedures for
				conducting administrative hearings.
Section
			 1. Applicability.
(1) This
			 administrative regulation shall govern:
(a)
			 The conduct by the cabinet of all administrative hearings authorized by KRS
			 Chapter 146 relating to wild rivers, KRS Chapter 149 relating to timber
			 harvesting, KRS Chapter 151 relating to water resources, KRS Chapter 223
			 relating to water plant operators and water well drillers, and KRS Chapter 224
			 relating generally to environmental protection, including those matters
			 initiated by a petition for hearing filed on or before August 4, 2017;
			 and
(b) The conduct by the cabinet
			 of all administrative hearings authorized by KRS Chapter 353 relating to oil
			 and gas development, except for those conducted by the Kentucky Oil and Gas
			 Conservation Commission pursuant to KRS 353.500 to 353.720.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Administration › Section 400 KAR 1:110 - Administrative hearings relating to matters brought under KRS Chapter 350 or KRS Chapter 351.310 through 351.375

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.10-410, 350.010, 350.028, 350.0301,
				350.0305, 350.032, 350.060, 350.070, 350.085, 350.090, 350.093, 350.130,
				350.255, 350.465, 350.990, 351.315, 351.345, 351.350,  30 C.F.R. Parts 730, 731, 732, 733, 735, 917, 30 U.S.C. 1253, 1255
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate rules and administrative regulations pertaining to
				surface coal mining and reclamation operations and coal exploration operations.
				KRS Chapter 351 authorizes the cabinet to promulgate rules and administrative
				regulations pertaining to explosives and blasting operations. This
				administrative regulation establishes hearing, conference, notice, penalty
				assessment, and other procedural and due process provisions for the permanent
				regulatory program under KRS Chapter 350, and the hearing procedures pursuant
				to KRS Chapter 351.
Section 1.
			 Definitions.
(1) "Applicant" is defined by  405 KAR 7:001.
(2) "Application" is
			 defined by  405 KAR 7:001.
(3)
			 "Cessation order" is defined by  405 KAR 7:001.
(4) "Coal" is defined by  405 KAR 7:001.
(5) "Coal exploration" is
			 defined by  405 KAR 7:001.
(6)
			 "Department" is defined by KRS 351.310(7).
(7) "Knowingly" is defined by  405 KAR 7:001.
(8) "Notice of noncompliance
			 and order for remedial measures" is defined by  405 KAR 7:001.
(9) "Operations" is defined by KRS 350.010(6).
(10) "Operator" is
			 defined by KRS 350.010(8).
(11)
			 "Permit" is defined by  405 KAR 7:001.
(12) "Permit area" is defined by  405 KAR 7:001.
(13) "Permittee" is defined
			 by KRS 350.010(21).
(14)
			 "Reclamation" is defined by KRS 350.010(12).
(15) "Secretary" is defined by KRS 350.010(11).
(16) "Significant,
			 imminent environmental harm" is defined by  405 KAR 7:001.
(17) "Surface coal mining and reclamation
			 operations" is defined by KRS 350.010(3).
(18) "Transfer, assignment, or sale of permit
			 rights" is defined by  405 KAR 7:001.
(19) "Willfully" and "willful violation" is
			 defined by  405 KAR 7:001.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 2 - Office of Kentucky Nature Preserves › Section 400 KAR 2:070 - The Office of Kentucky Nature Preserves

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.410, 146.430
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.485 requires the
				Office of Kentucky Nature Preserves to make and publish administrative
				regulations for the conduct of office affairs. This administrative regulation
				establishes the requirements for transacting the business of the office.
Section 1. Director. The secretary may hire a
			 full-time director who shall be qualified by training and experience to
			 administer the duties of the office, including:
(1) Employing personnel, including interim
			 and grant-funded, time-limited staff;
(2) Approving documents necessary to perform
			 the administrative function of the office, including time sheets, leave and
			 compensatory time request forms, in-state travel approval, and request for
			 purchase and payment forms;
(3)
			 Signing documents requiring the signature and approval of the office to certify
			 that the documents have been reviewed by the office staff;
(4) Managing the day to day affairs of the
			 office and its staff;
(5) Preparing
			 a report on the condition of each nature preserve and each natural area to be
			 submitted to the Legislative Research Commission by October 1st in each even
			 numbered year; and
(6) Other duties
			 as directed by the secretary.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 2 - Office of Kentucky Nature Preserves › Section 400 KAR 2:080 - Dedication of nature preserves and registration of natural areas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.410, 146.420, 146.440, 146.470, 146.490,
				146.505
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.485 requires the
				office to establish requirements for the selection, acquisition, management,
				protection, and use of natural areas and nature preserves, and to maintain a
				state registry of natural areas, an inventory of natural types, flora and
				fauna, and other records of natural areas and nature preserves. This
				administrative regulation establishes procedures for the dedication and
				maintenance of nature preserves and the registration and maintenance of
				inventories relating to natural areas and nature preserves.
Section 1. Dedication of Nature Preserves.
(1) Upon the determination by the director,
			 in accordance with KRS 146.485(6), (9), and (12), that an area constitutes a
			 natural area worthy of protection through dedication as a nature preserve, and
			 that the owner is willing to have the land or a portion thereof dedicated as a
			 nature preserve, the office may dedicate the natural area as a nature
			 preserve.
(2)
(a) A natural area shall become a nature
			 preserve upon signature of the director upon the articles of
			 dedication.
(b) Articles of
			 dedication shall be recorded in the county in which the natural area is
			 located, the office of the secretary of state, and the office.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 2 - Office of Kentucky Nature Preserves › Section 400 KAR 2:090 - Management, use, and protection of nature preserves and natural areas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.410, 146.440, 149.175
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.485(2) authorizes
				the commission to promulgate administrative regulations for the management,
				use, and protection of nature preserves. KRS 146.465 authorizes the commission
				to acquire natural areas for the purpose of dedicating the areas as nature
				preserves. KRS 146.475 requires that a nature preserve shall be subject to
				administrative regulations promulgated by the commission. This administrative
				regulation establishes the requirements for the management and use of all
				nature preserves and to fulfill the purposes of KRS 146.440.
Section 1. Applicability. This administrative
			 regulation shall apply to a nature preserve unless a specific exception is set
			 forth in the articles of dedication. The reasons for any exception shall be set
			 forth in the records of the office. This administrative regulation shall also
			 apply to undedicated natural areas protected by the office unless a specific
			 exception is set forth in the management plan or an administrative
			 regulation.
Section 2. Boundary
			 Markers.
(1) Boundaries shall be made evident
			 by posting boundary markers in a conspicuous manner.
(2) If a boundary fence or barrier is
			 installed, it shall not be in a form that will create a detrimental effect on
			 the movement of wildlife or other natural objects.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 2 - Office of Kentucky Nature Preserves › Section 400 KAR 2:100 - Hearings and appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.465, 146.480, 146.495, Chapter 424
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.475 and 146.485
				require the office to establish administrative regulations for the protection
				of nature preserves. KRS 146.530 requires the office to establish a procedure
				for orders and final determinations of the office to be appealed
				administratively. This administrative regulation establishes the procedure to
				be followed by the office in conducting hearings on issues related to nature
				preserves.
Section 1. Applicability.
			 The office may conduct a public hearing for any reason, including determining:
(1) If there exists an imperative and
			 unavoidable public necessity that justifies the taking of a nature preserve or
			 natural area, or any part thereof, by another public body, or disposition of a
			 nature preserve or natural area or any part thereof by the office;
(2) If proposed amendments to the articles of
			 dedication of a nature preserve will not permit an impairment, disturbance,
			 use, or development of the nature preserve that is inconsistent with the
			 articles of dedication or the Act;
(3) If differences exist in the
			 characteristics and conditions of a proposed nature preserve, or other reasons,
			 that justify making an exception in the articles of dedication to the
			 requirements of these administrative regulations; and
(4) The custodian of a nature preserve or
			 natural area if the property is owned by the office in fee simple.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Rare Plant Recognition › Section 400 KAR 3:010 - Definitions for 400 KAR Chapter 3

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.485, 146.610
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.610 authorizes the
				Office of Kentucky Nature Preserves to promulgate administrative regulations
				for identification and designation of state threatened and endangered plant
				species. This administrative regulation establishes definitions for these
				provisions.
Section 1. Definitions.
(1) "Candidate" means a plant species that
			 appears to be rare in the state, and for which substantive evidence as to its
			 status is not available, and has not yet been included on the state endangered
			 or threatened lists.
(2) "Office"
			 is defined by KRS 146.605(1).
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Rare Plant Recognition › Section 400 KAR 3:020 - Criteria for identifying and designating endangered or threatened species of plants

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.485, 146.610,  50 C.F.R. 17.12, 23.23
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.610(2)(a) and (b)
				authorizes the Office of Kentucky Nature Preserves to promulgate administrative
				regulations for the identification and designation of state threatened or
				endangered plant species. This administrative regulation establishes the
				requirements for identifying and designating threatened or endangered
				plants.
Section 1. The office shall
			 utilize the criteria in subsections (1) through (3) of this section in its
			 identification and designation of additional species pursuant to KRS 146.610(2)(b):
(1) Only species that have been
			 described and named in a refereed professional scientific journal and
			 determined by the office to be widely accepted among professional botanists
			 shall be considered;
(2) Hybrids
			 shall not be listed unless they are known to be naturally reproducing;
			 and
(3) Only plant species native
			 to Kentucky shall be considered.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Rare Plant Recognition › Section 400 KAR 3:030 - Procedures for inclusion, removal or change of status of plant species on the state endangered or threatened list

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.485, 146.610
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.610 authorizes the
				Office of Kentucky Nature Preserves to promulgate administrative regulations
				for the identification and designation of state threatened and endangered plant
				species. This administrative regulation establishes procedures for nomination
				and inclusion of plant species to these lists.
Section 1. Candidate Nomination.
(1) Any person may nominate a candidate for
			 inclusion, removal, or change of status on the state endangered or threatened
			 list.
(2) The nomination shall be
			 in writing and submitted to the Director of the office, 300 Sower Boulevard,
			 Frankfort, Kentucky 40601.
(3)
			 Prior to consideration for inclusion on a list, a candidate shall be
			 established as occurring in the state by a voucher specimen deposited in a
			 public herbarium or photographic documentation that has been confirmed by the
			 office, and accompanied by:
(a) Written
			 documentation as to the specific location of the collection site;
(b) Date of collection; and
(c) Description of the habitat and population
			 size.
(4) The office may
			 consult with the Kentucky Academy of Science and other experts regarding the
			 status of listed and candidate plant species.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Wild Rivers › Section 400 KAR 4:125 - Wild rivers administration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.220, 146.270, 146.290, 146.310, 146.350,
				224.01-110, 224.10-240, 224.10-440, 224.10-470
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.270 authorizes the
				secretary to promulgate administrative regulations necessary for the
				preservation and enhancement of wild rivers as established in KRS 146.250 and
				for control of recreational, educational, scientific, and other uses of these
				areas in a manner that shall not impair them. KRS 146.220 places emphasis on
				protecting the aesthetic, scenic, historical, archaeological, ecological, and
				scientific features of these areas. This administrative regulation establishes
				provisions for the administration, management and public use of wild river
				corridors, including criteria for delineating existing, conforming, permitted,
				and prohibited land uses and conditions of authorization for utility
				right-of-way construction. This administrative regulation shall apply to all
				lands and waters under state jurisdiction that are located within designated
				wild river boundaries as established in  400 KAR 4:100. Nothing herein shall be
				construed as superseding any requirements of other cabinet programs or of other
				state or federal agencies.
Section 1.
			 General Policy.
(1) Wild rivers shall be
			 managed to preserve their free-flowing condition and to protect the outstanding
			 and unique aesthetic, scenic, recreational, fish and wildlife, botanical,
			 historical, archaeological, and other natural and cultural features that
			 qualified the streams for designation as wild rivers.
(2) Additional management objectives shall be
			 to afford opportunities to enjoy natural streams and to preserve for future
			 generations the beauty of certain areas untrammeled by man. The office shall
			 not encourage public use of areas where it has been determined that the
			 carrying capacity for one (1) or more uses has been reached or
			 exceeded.
Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Wild Rivers › Section 400 KAR 4:140 - Wild rivers change of use permit standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.220, 146.270, 146.280, 146.290, 146.350,
				146.990, 151.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.270 authorizes the
				secretary to promulgate and administrative regulations as necessary for the
				preservation and enhancement of wild rivers as established in KRS 146.250 and
				for control of recreational, educational, scientific, and other uses of these
				areas in a manner that shall not impair them. Under the provisions of KRS 146.290, the select cutting of timber, other resource removal, or an
				agricultural use may be allowed pursuant to administrative regulations
				promulgated by the secretary upon the granting of a permit under the other
				provisions of KRS 146.200 through 146.360. KRS 146.290 requires that any permit
				granted to conduct a change of use shall contain restrictions, terms, and
				conditions as appropriate to protect to the fullest extent possible the stream
				area and the public trust therein within the intent of KRS 146.220. This
				administrative regulation establishes minimum performance standards for
				conducting a land use change in a wild river corridor as necessary to protect
				the scenic beauty and environmental quality.
Section
			 1. Applicability. This administrative regulation applies to new
			 land uses, as defined by  400 KAR 4:110, within designated boundaries of a wild
			 river corridor that require a change of use permit from the office. Nothing
			 herein shall be construed as superseding any requirements of other office
			 programs or of other state or federal agencies.
Section 2. Buffer Zones.
(1) Other than as necessary to provide river
			 access sites authorized by the office, a change of land use shall be located
			 outside of buffer zones.
(2) If the
			 adjacent slope is less than forty (40) percent the minimum width of a buffer
			 zone bordering streams and other surface waters shall be 100 feet as measured
			 laterally from the bank of the stream or other surface water. If the adjacent
			 slope is forty (40) degrees or greater, the buffer zone width shall vary as
			 established in the Table in this subsection.
Slope of Land (percent)
Minimum Width of Buffer Zone (feet)
40 to 49
115
50 to 59
125
60 to 69
145
70 to 79
165
(3) The
			 boundaries of a buffer zone shall be flagged by the permittee with durable,
			 brightly-colored material prior to the commencement of a permitted change of
			 use.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:010 - Water withdrawal permits; criteria, reports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.110,
				151.112,
				151.114,
				151.116,
				151.120,
				151.182,
				151.200,
				151.210,
				151.220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				151.125(3) authorizes the
				cabinet secretary to adopt rules and regulations for water resources which he
				or she deems necessary to accomplish the purposes of KRS Chapter 151.
				KRS
				151.125(4) authorizes the
				secretary to adopt rules and regulations with respect to procedural issues
				regarding water withdrawal permits. This administrative regulation is necessary
				to establish the requirements for permits to withdraw water and the reporting
				procedure to be used in conjunction with water withdrawal permits issued by the
				Division of Water.
Section 1. The
			 necessity for water withdrawal permits shall be determined according to the
			 following criteria:
(1) If the average
			 withdrawal rate is more than 10,000 gallons per day, a permit shall be required
			 except as exempted by
			 KRS
			 151.140;
(2) If the withdrawal of water is made at a
			 relatively constant rate each day and the average withdrawal rate is 10,000
			 gallons per day, or less, no permit shall be required; or
(3) If withdrawals are made on an irregular
			 basis and at an irregular rate, permits may be required if the water withdrawn
			 represents a significant portion of the available water supply or collection of
			 withdrawal data is necessary for water resource planning
			 purposes.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:020 - General permit procedure exemptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 151
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is necessary to exempt from the permitting requirements of
				KRS
				151.250 those dams, embankments and other
				obstructions in and along streams of the Commonwealth which are not of such
				size or type as to require approval by the Environmental and Public Protection
				Cabinet in the interest of safety or retention of water supply. This
				administrative regulation exempts only those activities which have been
				approved by the United States Department of the Army pursuant to the specific
				criteria set forth in its General Permit procedures.
Section 1. No permit shall be required
			 pursuant to
			 KRS
			 151.250 for those activities in and along the
			 streams of the Commonwealth of Kentucky which are approved by the United States
			 Department of the Army in accordance with its General Permit procedures as set
			 out in Title 33 C.F.R. 209.120(i)(2)(ix), and as published in the Federal
			 Register of 25 July, 1975, Volume 40, Number 144.
STATUTORY AUTHORITY:
				  KRS
				  151.250(1),
				  224.10-100(17)
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:030 - Design criteria for dams and associated structures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.250
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is necessary to establish minimum design criteria for dams and
				associated structures constructed in Kentucky.
Section 1. This administrative regulation
			 applies to all dams as defined by
			 KRS
			 151.100 and to all other impounding
			 obstructions which might create a hazard to life or property.
Section 2. Except as modified in this
			 administrative regulation, the procedures outlined by the latest edition of
			 "Design of Small Dams" (Second Edition, 1973), available from the U.S.
			 Government Printing Office and the Department of Reclamation, herein filed by
			 reference, shall be the minimum criteria.
Section 3. The Division of Water Engineering
			 Memorandum No. 5 (2-1-75) outlined as follows: Section A. Definitions; Section
			 B. Structure Classification; Section C. Hydrologic Criteria; Section D.
			 Sediment Storage; Section E. Principal Spillways; Section F. Emergency
			 Spillways; Section G. Earth Embankments; and Section H. Utilities Under
			 Embankments; is hereby incorporated by reference and made a part of this
			 administrative regulation as if fully set out herein. Copies are available from
			 the Division of Water upon request.
Section
			 4. Structure types not generally used in Kentucky, i.e. gravity,
			 buttress, steel, timber, etc., will be considered on an individual basis and
			 reviewed in accord with prevailing practices that are currently accepted by the
			 engineering profession.
Section 5.
			 In all cases the safety of the structure, the water and/or other material
			 impounded therein, property and human life will be the principal governing
			 factors. Under no circumstances will the proposed use of the structure and its
			 contents, or the cost of providing an unquestionably safe structure be allowed
			 to assume precedence over the possible hazard involved.
Section 6. Structures which are to be
			 repaired or reconstructed must be made to conform to the criteria established
			 by this administrative regulation.
Section
			 7. Each of the following stated criteria indicates whether the
			 limit is a maximum or minimum limit and is not to be construed as being
			 satisfactory design criteria at all sites. Professional judgment, state laws
			 and administrative regulations, investigations, or analysis may dictate more
			 conservative criteria.
Section 8.
(1) Approval of all plans and specifications
			 shall be divided into two (2) distinct parts:
(a) Issuance of a construction permit
			 pursuant to
			 KRS
			 151.250 shall constitute approval of the
			 final engineering documents to allow construction to be started; and
(b) Final written approval by the cabinet
			 upon receipt of the "as-built" plans and specifications will constitute
			 approval to impound.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:040 - Nonhazardous sediment structures exempted

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.250
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is necessary to exempt certain dams, embankments, levees, dikes,
				bridges, fills, and other stream obstructions proposed in conjunction with
				surface and deep mining from the provisions of KRS Chapter 151 to avoid
				duplication of effort within the Environmental and Public Protection
				Cabinet.
Section 1. As a part of the
			 routine processing of applications for permits for surface mining and the
			 surface effects of deep mining, the engineering staff of the Division of
			 Reclamation reviews all designs for dams, embankments, levees, dikes, bridges,
			 fills, and other stream obstructions proposed in conjunction with surface or
			 deep mining and, whereas a substantial number of such dams, embankments,
			 levees, dikes, bridges, fills, and other stream obstructions are of such a
			 size, type, and location as to present no potential hazard to life and/or
			 property; this administrative regulation exempts from the provisions of
			 KRS
			 151.250 all such dams, etc., as described
			 above, except those dams which come within the hazard classification contained
			 in Division of Water Engineering Memorandum No. 5 (2-1-75), and those
			 obstructions as described, which, in the professional judgment of the Division
			 of Reclamation engineering staff, present a potential hazard to life and/or
			 property. Copies of Engineering Memorandum No. 5 (2-1-75) are available upon
			 request from the Division of Water.
Section
			 2. Certified, "as-built" engineering plans for all dams which
			 impound or divert water and/or other material and which (i) are twenty-five
			 (25) feet or more in height or (ii) have an impounding capacity of fifty (50)
			 acre-feet or more at the lowest point in the top of the dam must be forwarded
			 by the Division of Reclamation to the Division of Water for inclusion in the
			 Dam Safety Program required by
			 KRS
			 151.295(c). Height is
			 measured from the natural bed of the stream or watercourse at the downstream
			 toe of the barrier to the low point in the top of the dam.
STATUTORY AUTHORITY:
				  KRS
				  151.125,
				  224.01-110(6)(b),
				  224.10-100(17)
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:050 - Construction exemptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.110,
				151.250,
				151.310
NECESSITY, FUNCTION, AND CONFORMITY: In the course of
				regulating construction in or along streams pursuant to
				KRS
				151.250, the Environmental and Public
				Protection Cabinet frequently encounters actions or proposed actions which are
				of such nature or location as to have little potential for damage or such that
				any damage which would occur is limited in extent to the immediate vicinity of
				the action. This administrative regulation exempts construction of this type
				from the provisions of
				KRS
				151.250.
Section
			 1. A construction permit pursuant to
			 KRS
			 151.250 shall not be required for
			 construction in or along a stream whose watershed is less than one (1) square
			 mile, except for the construction of dams as defined by
			 KRS
			 151.100 or other water impounding structures
			 or for any construction that does or may endanger life or cause severe damage
			 to residential or commercial property.
Section
			 2. A construction permit pursuant to
			 KRS
			 151.250 shall not be required for a
			 subfluvial utility or pipeline crossing provided that the construction of the
			 crossing meets the following criteria:
(1)
			 During the construction of the crossing, no material may be placed in the
			 stream or in the flood plain of the stream to form construction pads, coffer
			 dams, access roads, etc., unless prior approval has been obtained from the
			 cabinet.
(2) The trench shall be
			 backfilled as closely as possible to the original contour. All excess material
			 from construction of the trench shall be disposed of outside of the flood plain
			 unless the applicant has received prior approval from the cabinet to fill
			 within the flood plain.
(3) For
			 subfluvial crossings of erodible channels, there shall be at least thirty (30)
			 inches clear to the top of the pipe or conduit at all points.
(4) For subfluvial crossings of nonerodible
			 channels, there shall be at least six (6) inches of clear cover above the top
			 of the pipe or conduit at all points, and the pipe or conduit shall be encased
			 on all sides by at least six (6) inches of concrete.
(5) The weight of a pipe and its contents
			 during normal operating conditions at all points must exceed that of an equal
			 volume of water, or the applicant must provide the division with sufficient
			 information to show that the pipe and joints have sufficient strength.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:070 - Coal combustion residuals surface impoundments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.200-146.990,
				151.110,
				151.125,
				151.250,
				224.1, 224.10, 224.50, 224.99,
				40
				C.F.R. 257.73,
				257.74,
				257.82,
				257.83,
				16 U.S.C.
				661,
				1273,
				1531,
				33
				U.S.C. 1261 -
				1387
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 authorizes the cabinet to
				promulgate administrative regulations not inconsistent with the provisions of
				law administered by the cabinet.
				KRS
				224.10-100 and
				224.70-100
				authorize the cabinet to develop and conduct a comprehensive program for the
				management of water resources and to provide the prevention, abatement, and
				control of water pollution. This administrative regulation establishes the
				standards for coal combustion residuals (CCR) surface impoundments pertaining
				to the permit-by-rule established in 401 KAR Chapter 46.
Section 1. Definition. "Coal combustion
			 residuals surface impoundment" or "CCR surface impoundment" means a natural
			 topographic depression, man-made excavation, or diked area, which is designed
			 to hold an accumulation of CCR and liquids, and the unit treats, stores, or
			 disposes of CCR.
Section 2. The
			 structural integrity criteria requirements for an owner or operator of an
			 existing CCR surface impoundment shall be as established in
			 40
			 C.F.R 257.73.
Section 3. The structural integrity criteria
			 requirements for an owner or operator of a new CCR surface impoundment and any
			 lateral expansion of a CCR surface impoundment shall be as established in
			 40
			 C.F.R 257.74.
Section 4. The hydrologic and hydraulic
			 capacity requirements for owners or operators of CCR surface impoundments shall
			 be as established in
			 40
			 C.F.R. 257.82.
Section 5. The inspection requirements for
			 owners or operators of CCR surface impoundments shall be as established in
			 40 C.F.R.
			 257.83.
Section 6. Except for
			 40 C.F.R.
			 257.107, including cross-references to
			 40 C.F.R.
			 257.107 within
			 40
			 C.F.R. 257.73,
			 257.74,
			 257.82,
			 and
			 257.83,
			 the record keeping and notification requirements for an owner or operator of a
			 CCR surface impoundment shall be as established in
			 40 C.F.R.
			 257.105 and
			 257.106.
STATUTORY AUTHORITY:
				  KRS
				  224.10-100,
				  224.70-100,
				  224.70-110
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:200 - Documents and procedures incorporated by reference for the administration of the regulatory provisions of Kentucky's water resources law

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.125,
				151.140,
				151.150,
				151.160,
				151.182,
				151.184,
				151.200,
				151.230,
				151.240,
				151.250,
				151.260,
				151.280,
				151.293,
				151.295,
				151.297,
				151.310
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				13A.120 prohibits an administrative body from
				issuing standards or by any other name a document where an administrative
				regulation is required or authorized by law.
				KRS
				13A.130 prohibits an administrative body from
				using a policy, memorandum, or other form of action to modify or expand a
				statute or administrative regulation, or to expand or limit a right guaranteed
				by the Constitution of the United States, the Constitution of Kentucky, a
				statute, or an administrative regulation. This administrative regulation
				provides for the incorporation by reference allowed under 1 KAR 1:010 of the
				documents needed by the Environmental and Public Protection Cabinet to
				implement 401 KAR Chapter 4, Water Resources. Copies of these documents may be
				obtained or examined at the Division of Water Frankfort Office.
Section 1. Stream Construction Permits. The
			 following documents and policy are incorporated by reference for the purpose of
			 determining whether to issue or deny permits for any construction or
			 reconstruction in or along a stream pursuant to
			 KRS
			 151.250:
(1)
			 Documents.
(a) National Engineering Handbook,
			 Section 4, Hydrology; Soil Conservation Service; August, 1972.
(b) HEC-2 Water Surface Profiles (Computer
			 Program); U.S. Army Corps of Engineers; September, 1982.
(c) Federal Emergency Management Agency,
			 National Flood Insurance Program, Part 59 - General Provisions; FEMA; May 31,
			 1979.
(d) Kentucky Model Flood
			 Damage Prevention Ordinance; Booker Associates, Inc.; August, 1983.
(e) Technique for Estimating Magnitude and
			 Frequency of Floods in Kentucky; U.S. Geological Survey, Water Resources
			 Investigations 76-62; November, 1976.
(f) Drainage Areas of Streams at Selected
			 Locations in Kentucky; U.S. Geological Survey, Open-File Report 81-61; January,
			 1981.
(g) TP-149, A Method for
			 Estimating Volume and Rate of Run-off in Small Watersheds; Soil Conservation
			 Service; April, 1973 Revised.
(h)
			 Floodway, Flood Boundary and Floodway Maps; Flood Insurance Rate Maps; Flood
			 Hazard Boundary Maps; Federal Emergency Management Agency; (Dates
			 Vary).
(i) Executive Order 77-927,
			 National Flood Insurance Program; Signed by Governor Julian Carroll, September
			 30, 1977.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:300 - Permit timetables for 401 KAR Chapter 4

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.200-146.360,
				151.140,
				224.10-100,
				224.10-220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-220 requires the Environmental and
				Public Protection Cabinet to prescribe timetables for the issuance of all
				permits by the cabinet, except those permits for which a timetable is set out
				by statute. This administrative regulation establishes timetables for permits
				that are required by 401 KAR Chapter 4, except those permits whose timetables
				are set out in
				KRS
				146.290 and
				151.260.
Section 1. Permit Timetables. The cabinet
			 shall issue its final decision on a complete permit application within the
			 review times specified in this section. A complete permit application shall
			 contain all the administrative and technical information required by applicable
			 statutes and administrative regulations.
(1)
(a) Except as provided in Section 2 of this
			 administrative regulation, within thirty (30) calendar days of initial receipt
			 of an application for permits subject to subsections (2) and (4) of this
			 section, the cabinet shall notify the applicant as to whether the application
			 is administratively complete, or if not complete, of the deficiencies which
			 make the application administratively incomplete. A determination that the
			 application is administratively complete shall not mean that the application is
			 complete in every detail, nor shall it mean that any aspect of the application
			 is technically sufficient or approvable.
(b) If the application is determined to be
			 administratively incomplete, the applicant shall correct identified
			 deficiencies within thirty (30) calendar days of the date of notification. If
			 the applicant does not correct the deficiencies within the time frame, the
			 cabinet may return the application.
(c) After the notification that the
			 application is administratively complete, if the cabinet determines that the
			 application is technically deficient, the cabinet shall notify the applicant of
			 deficiencies which make the application technically incomplete or unapprovable.
			 The applicant shall correct the technical deficiencies within thirty (30)
			 calendar days of the notification, or other time as agreed upon by the
			 applicant and cabinet. If the technical deficiencies are not corrected within
			 thirty (30) calendar days or the agreed upon time frame, the cabinet may deny
			 the permit.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:005 - Permits to construct, modify, or operate a facility

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.16-050,
				224.16-060,
				224.70-100,
				224.70-110,
				40 C.F.R.
				144.26,
				26 U.S.C.
				501(c)(3),
				42
				U.S.C. 300f-300j
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to develop
				and conduct a comprehensive program for the management of water resources, to
				issue permits for the construction, modification, or extension of water
				treatment systems, and to provide for the prevention, abatement, and control of
				water pollution. This administrative regulation establishes administrative
				procedures for the issuance of permits for the construction, modification, and
				operation of facilities authorized by KRS Chapter 224 and establishes
				conditions for construction of facilities under 401 KAR Chapter 5. This
				administrative regulation also establishes a schedule of fees to recover the
				costs of issuance for certain classes of permits.
Section 1. Applicability.
(1) This administrative regulation shall
			 apply to an owner and an operator of a sewage system, except:
(a)
1. A
			 septic tank with a subsurface discharge;
2. A pretreatment facility regulated by a
			 pretreatment program or intermunicipal agreement, approved pursuant to
			 401
			 KAR 5:055; or
3. An authorization by permit or rule that is
			 prepared to assure that underground injection will not endanger a drinking
			 water supply, pursuant to the Safe Drinking Water Act,
			 42
			 U.S.C. 300f-300j,
			 and that are issued pursuant to a state or federal Underground Injection
			 Control program; and
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:006 - Wastewater planning requirements for regional planning agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 67, 67A, 74, 76, 96, 108, 220,
				224.10-100, 224.70-100, 224.70-110, 424,
				33 U.S.C.
				1251-1387
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 and
				224.70-100
				require the Energy and Environment Cabinet to develop a comprehensive plan for
				the management of water resources and to provide for the prevention, abatement,
				and control of all water pollution.
				33 U.S.C.
				1313(e) requires each state
				to establish and maintain a continuing planning process to provide for the
				control of water pollution.
				33 U.S.C.
				1288 requires the governor of the state or
				local officials to designate a boundary for areas within the state and a single
				representative organization within each area to develop a wastewater treatment
				management plan applicable to all wastewater generated within an area.
				40 C.F.R.
				130.6 requires the state and areawide
				agencies to update the plans as needed to reflect changing water quality
				conditions, results of implementation actions, and new requirements, or to
				remove conditions in prior conditional or partial plan approvals. This
				administrative regulation establishes Kentucky's regional facility planning
				process for publicly-owned wastewater treatment works that are, or result in,
				point sources of water pollution in designated planning areas.
Section 1. Applicability.
(1) A governmental entity, such as a city,
			 county, or other public body created by KRS Chapter 67, 67A, 74, 76, 96, 108,
			 or 220, may apply for designation as a regional planning agency. An applicant
			 for designation as a regional planning agency shall submit a regional facility
			 plan to the cabinet.
(2) The
			 cabinet shall designate a regional planning agency in accordance with
			 33 U.S.C.
			 1288(a)(2) and
			 (3).
(3) The cabinet shall de-designate a regional
			 planning agency if the regional planning agency:
(a) Requests de-designation;
(b) Fails to meet its planning obligations as
			 specified in a grant agreement, contract, or memorandum of understanding;
			 or
(c) No longer has the resources
			 or the commitment to continue water quality planning activities within the
			 designated boundary.
(4)
			 If a regional planning agency is de-designated, the cabinet shall assume
			 responsibility for continued water quality planning and oversight of
			 implementation of planning activities within the regional planning
			 area.
(5) The cabinet shall not
			 designate an entity as a regional planning agency if that entity does not have
			 authority to meet the requirements established in
			 33 U.S.C.
			 1288(c)(2)(A) through
			 (I).