Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 10 - Water Quality Standards › Section 401 KAR 10:029 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 146.200 - 146.360,
				146.410 - 146.535, 146.550 - 146.570, 146.600 -146.619, 146.990, 224.1-010,
				224.1-400, 224.16-050, 224.16-070, 224.70-100 - 224.70-140, 224.71-100 -
				224.71-145, 224.73-100 - 224.73-120, 40 C.F.R. 136,
				33 U.S.C.
				1326(a)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to develop
				and conduct a comprehensive program for the management of water resources and
				to provide for the prevention, abatement, and control of water pollution. This
				administrative regulation and
				401 KAR
				10:001,
				401 KAR
				10:026,
				401 KAR
				10:030, and
				401 KAR
				10:031 establish procedures to protect the surface
				waters of the commonwealth, and thus protect water resources. This
				administrative regulation establishes the commonwealth's surface water
				antidegradation policy, provides for withdrawals of waters not meeting water
				quality standards, and addresses sample collection and analytical methodology
				and mixing zones.
Section 1.
			 Antidegradation Policy.
(1) The purpose of
			 401 KAR
			 10:026 through
			 401 KAR
			 10:031 is to safeguard the surface waters of the
			 commonwealth for their existing and designated uses, to prevent the creation of
			 new pollution of these waters, and to abate existing pollution.
(2) Where the quality of surface waters
			 exceeds that necessary to support propagation of fish, shellfish, wildlife and
			 recreation in and on the water, that quality shall be maintained and protected
			 unless the cabinet finds, after full satisfaction of the intergovernmental
			 coordination and public participation provisions of the cabinet's continuing
			 planning process required by
			 33 U.S.C.
			 1313 and
			 40 C.F.R.
			 130.5, that allowing lower water quality is
			 necessary to accommodate important economic or social development in the area
			 in which the waters are located.
(a) For
			 point source discharges, water quality shall be maintained and protected in
			 these waters according to the procedures specified in
			 401 KAR
			 10:030, Section 1(2)(b) or (3)(b).
(b) In allowing degradation or lower water
			 quality, the cabinet shall assure water quality adequate to protect existing
			 uses fully.
(c) The cabinet shall
			 assure that there shall be achieved the highest statutory and regulatory
			 requirements for waste treatment by all new and existing point sources and that
			 nonpoint sources of pollutants be controlled by application of all cost
			 effective and reasonable best management practices.
(3) Water quality shall be maintained and
			 protected in a water categorized as an outstanding national resource water
			 according to the procedures specified in
			 401 KAR
			 10:030, Section 1(1)(b).
(4) Water quality shall be maintained and
			 protected in those waters designated as outstanding state resource waters
			 according to the procedures specified in
			 401 KAR
			 10:031, Section 8.
(5) If potential water quality impairment
			 associated with a thermal discharge is involved, a successful demonstration
			 conducted under Section 316 of the Clean Water Act,
			 33 U.S.C.
			 1326, shall be in compliance with this
			 section.