Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:055 - Scope and applicability of the KPDES Program and pretreatment requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870-61.884,
				224.1-010,
				224.1-070,
				224.1-400,
				224.18-100,
				224.70-100,
				224.70-120,
				224.99-010, 33 C.F.R.
				153, 40 C.F.R. 122,
				123.44,
				124.62,
				131, 136, 144, 258, 261, 300, 401-471,
				33 U.S.C.
				1251-1387,
				42
				U.S.C. 300f -
				300j,
				6907
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to provide
				for the prevention, abatement, and control of water pollution, to issue,
				continue in effect, revoke, modify, suspend or deny permits to discharge into
				waters of the Commonwealth, and authorizes the cabinet to require technological
				levels of treatment and effluent limitations.
				KRS
				224.16-050(1) 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.
				KRS
				224.16-050(4) requires that
				the cabinet shall not issue any permit pursuant to this administrative
				regulation that is more stringent than if the permit was issued by the federal
				government.
				KRS
				224.73-120 authorizes the cabinet to apply
				and enforce against users of publicly owned treatment works the requirements of
				monitoring, recordkeeping and reporting, effluent limitations, and pretreatment
				standards for the introduction of pollutants into treatment works. This
				administrative regulation establishes the scope and applicability of the KPDES
				program and identifies categories of point sources required to obtain a KPDES
				permit, requirements pertaining to exclusions and prohibitions, requirements
				for general permits, requirements for disposal into wells and into
				publicly-owned treatment works (POTW), and requirements for disposal by land
				application. This administrative regulation implements
				33 U.S.C.
				1311,
				1314,
				1317,
				1318,
				1319,
				1342,
				and
				1345
				related to the cabinet's pretreatment program and establishes responsibilities
				of the Commonwealth of Kentucky, local government, industry, and the public to
				implement the national pretreatment program to control pollutants as
				established in
				40 C.F.R.
				403.1.
Section
			 1. Definitions. Definitions established in
			 40
			 C.F.R. 122.2 shall apply for the
			 interpretation of federal regulations that are cited within this administrative
			 regulation.
Section 2.
			 Applicability of the KPDES Requirements.
(1) A
			 KPDES permit shall be required to discharge pollutants from a point source into
			 waters of the Commonwealth.
(2)
			 Compliance with the KPDES program requirements shall constitute compliance with
			 the operational permit requirements of
			 401
			 KAR 5:005.
(3) Failure to obtain a KPDES permit shall
			 not relieve a discharger whose discharge is subject to the KPDES program from
			 complying with the applicable performance standards of the KPDES program,
			 401
			 KAR 5:045 through
			 401
			 KAR 5:080.