Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:037 - Groundwater protection plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.110, Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 and 70-100 require the cabinet to
				provide for the prevention, abatement, and control of all water pollution.
				KRS
				224.10-100 authorizes the cabinet to
				promulgate administrative regulations to achieve the objectives of KRS Chapter
				224. This administrative regulation establishes the requirement to prepare and
				to implement groundwater protection plans to ensure protection for all current
				and future uses of groundwater and to prevent groundwater pollution.
Section 1.
(1) Applicability. Except for activities
			 established in subsections (2) and (3) of this section, a person responsible
			 for conducting any of the activities listed in paragraphs (a) through (p) of
			 this subsection shall prepare and implement a groundwater protection plan:
(a) Storing or related handling of bulk
			 quantities of pesticides or fertilizers for commercial purposes;
(b) Storing or related handling of bulk
			 quantities of pesticides or fertilizers for the purpose of distribution to a
			 retail sales outlet;
(c) Applying
			 of pesticides or fertilizers for commercial purposes;
(d) Applying of fertilizers or pesticides for
			 public right-of-way maintenance or institutional lawn care;
(e) Land treatment or land disposal of a
			 pollutant;
(f) Storing, treating,
			 disposing, or related handling of hazardous waste, solid waste, or special
			 waste in landfills, incinerators, surface impoundments, tanks, drums or other
			 containers, or in piles;
(g)
			 Commercial or industrial storing or related handling in bulk quantities of raw
			 materials, intermediate substances or products, finished products, substances
			 held for recycling, or other pollutants held in tanks, drums or other
			 containers, or in piles;
(h)
			 Transmission in pipelines of raw materials, intermediate substances or
			 products, finished products, or other pollutants;
(i) Installation or operation of on-site
			 sewage disposal systems;
(j)
			 Storing or related handling of road oils, dust suppressants, or deicing agents
			 at a central location;
(k)
			 Application or related handling of road oils, dust suppressants or deicing
			 materials;
(l) Mining and associated
			 activities;
(m) Installation,
			 construction, operation, or abandonment of wells, bore holes, or core
			 holes;
(n) Collection or disposal
			 of pollutants in an industrial or commercial facility through the use of floor
			 drains not connected to on-site sewage disposal systems, closed-loop collection
			 or recovery systems, or a waste treatment system permitted under the Kentucky
			 Pollutant Discharge Elimination System;
(o) Impoundment or containment of pollutants
			 in surface impoundments, lagoons, pits, or ditches; or
(p) Commercial or industrial transfer,
			 including loading and unloading, in bulk quantities of raw materials,
			 intermediate substances or products, finished products, substances held for
			 recycling, or other pollutants.