Kentucky Administrative Regulations › Title 420 - KENTUCKY RIVER AUTHORITY › Chapter 1 - Kentucky River Authority › Section 420 KAR 1:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151.100-151.600, 151.700-151.730, 151.990,
				223.400-223.460, 224.70, 224.73
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151.700 through
				151.730 authorize the Kentucky River Authority to manage the surface water and
				groundwater of the Kentucky River basin. The authority has the power and duty
				to develop and to implement programs relating to the locks and dams on the
				Kentucky River; to acquire, to sell and to lease property; to develop
				recreational areas; to issue revenue bonds; to assess fees for water use; to
				contract for services; to adopt administrative regulations protecting water in
				the Kentucky River basin; to develop and to implement comprehensive plans for
				protecting the water of the Kentucky River basin; and to collaborate with the
				Natural Resources and Environmental Protection Cabinet and other state agencies
				in coordinating Kentucky River basin water resource and water quality
				activities. This administrative regulation establishes definitions pertaining
				to those powers and duties.
Section 1.
			 Definitions.
(1) "Administrative services"
			 means clerical assistance provided by the cabinet in accordance with KRS 151.710(10), including secretarial and bookkeeping assistance.
(2) "Annual report" means the report the
			 authority submits annually to the Governor and to the Legislative Research
			 Commission pursuant to KRS 151.710(12).
(3) "Best management practices" or "BMPs"
			 means those practices which are effective and practical structural or
			 nonstructural methods which prevent or reduce the movement of pollutants from
			 the land to surface water or groundwater, or which otherwise protect surface
			 water or groundwater from potential adverse effects of land use activities such
			 as agricultural or silvicultural activities, stormwater run-off, spills or
			 leaks, and land application or land disposal of waste.
(4) "Cabinet" means the Natural Resources and
			 Environmental Protection Cabinet created pursuant to KRS 224.10-010.
(5) "County long-range water resource plan"
			 means the county long-range water resource plan submitted by a county for the
			 authority's review pursuant to KRS 151.720(9) and  420 KAR 1:030.
(6) "Discharge" or "discharge of a pollutant"
			 means any addition of any pollutant or combination of pollutants to surface
			 water or groundwater of the Kentucky River basin from any point source. This
			 includes additions of pollutants into waters of the Kentucky River basin from
			 surface run-off which is collected or channeled by man; discharges through
			 pipes, sewers or other conveyances whether publicly or privately owned; and
			 discharges through pipes, sewers, or other conveyances leading into privately
			 or publicly owned treatment works.
(7) "Disposal" means the discharge, deposit,
			 injection, dumping, spilling, leaking, or placing of any waste into or on any
			 land or water so that the waste or any waste constituent may enter the
			 environment or be emitted into the air or discharged into water.
(8) "Diversion" means a nonconsumptive
			 redirection of all or part of the flow of a stream.
(9) "Drought response plan" means the drought
			 response plan for the Kentucky River basin developed by the authority pursuant
			 to KRS 151.720(9) and  420 KAR 1:030.
(10) "Effluent limitations" means any
			 restrictions or prohibitions established by 401 KAR Chapter 5.
(11) "Fee" means a water use fee for
			 protection of the surface water and groundwater of the Kentucky River basin,
			 paid to the authority by persons who use that water.
(12) "Floodplain" means the normally dry area
			 or wetland adjoining a stream or lake that is inundated during a flood
			 event.
(13) "Floodway" means that
			 area of a stream or watercourse necessary to carry off flood water as
			 determined by the cabinet or by the authority.
(14) "Gross withdrawal" means the amount of
			 water withdrawn.
(15) "Groundwater"
			 or "ground water" means all water which fills the natural openings under the
			 earth's surface, including all underground watercourses, artesian basins,
			 reservoirs, lakes, and other bodies of water below the earth's
			 surface.
(16) "Kentucky River
			 Authority" or "authority" means the Kentucky River Authority created pursuant
			 to KRS 151.710.
(17) "Kentucky
			 River basin" or "basin" means all geographic areas of the Commonwealth
			 contained within the watershed of the Kentucky River and its tributaries,
			 including surface water and groundwater, and delineated as hydrologic unit code
			 0510020 in the document entitled "Hydrologic Unit Map - 1974, State of
			 Kentucky", published in 1974 and reprinted in 1988, and incorporated by
			 reference in Section 2 of this administrative regulation.
(18) "Leakage" or "leak" means the amount of
			 water lost due to leaks in a water supply or water distribution system after it
			 has been withdrawn by the water supplier or purchased by the water supply
			 distributor.
(19) "Long-range water
			 resource plan" means the water supply plan described in  401 KAR 4:220, with the
			 additions required by  420 KAR 1:030.
(20) "Mainstem Kentucky River" means the
			 Kentucky River, including Pool 14, which extends from the North Fork of the
			 Kentucky River at River Mile 261.6 above the confluence of Walkers Creek, the
			 Middle Fork of the Kentucky River at River Mile 6.0 below the confluence of
			 Coal Branch, and the South Fork of the Kentucky River at River Mile 4.0 below
			 the confluence of Paw Paw Creek, to River Mile 0 at the confluence with the
			 Ohio River at Carrollton.
(21) "Map
			 of potential sources of water pollution" means the map of potential sources of
			 contamination described in  401 KAR 4:220, Section 6 with the additions required
			 by  420 KAR 1:030.
(22) "Net
			 withdrawal" means the difference between the amount of water withdrawn for
			 noncontact cooling water and the amount of that water discharged.
(23) "Noncontact cooling water" means surface
			 water or groundwater withdrawn from the Kentucky River basin for the purpose of
			 reducing the temperature of a product or equipment used in making a product, if
			 the following conditions exist:
(a) The
			 noncontact cooling water does not come into contact with the product;
(b) The noncontact cooling water is
			 discharged in accordance with a Kentucky Pollutant Discharge Elimination System
			 (KPDES) permit that identifies the water as noncontact or once-through cooling
			 water;
(c) The noncontact cooling
			 water is discharged in accordance with water quality standards;
(d) The noncontact cooling water is
			 discharged within 300 linear feet of the withdrawal point or into the same pool
			 of water; and
(e) Net withdrawal is
			 no greater than ten (10) percent.
(24) "Nonpoint source pollution" means
			 pollution caused by diffuse sources, including land runoff, atmospheric
			 deposition, or percolation through soils and rocks.
(25) "Person" means an individual, trust,
			 firm, joint stock company, corporation (including a government corporation),
			 partnership, association, federal agency, state agency, city, commission,
			 political subdivision of the Commonwealth, interstate body, estate, or other
			 entity.
(26) "Point source" means
			 any discernible, confined, and discrete conveyance, including but not limited
			 to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
			 container, rolling stock, concentrated animal feeding operation, vessel, or
			 other floating craft, from which pollutants are or may be discharged. This term
			 does not include return flows from irrigated agriculture.
(27) "Pollutant" means dredged spoil, solid
			 waste, hazardous waste, special waste, incinerator residue, sewage, sewage
			 sludge, garbage, chemical materials, biological materials, radioactive
			 materials, heat, wrecked or discarded equipment, rock, sand, soil, industrial
			 waste, municipal waste, silvicultural waste, agricultural waste, and any
			 substance resulting from the development, processing, or recovery of any
			 natural resource which may be discharged into water.
(28) "Project" means a project authorized by
			 KRS 151.700 to 151.730 and approved by the authority, including staff and
			 overhead.
(29) "Quarterly report"
			 means the report the authority submits quarterly to the General Assembly's
			 Committee on Appropriations and Revenue pursuant to KRS 151.720(14).
(30) "Revenue bond" or "bond" means a revenue
			 bond described by KRS 151.720(5) and KRS 151.730.
(31) "Semipublic water supplier" means any
			 water supply system that serves more than three (3) families, but is not a
			 water supplier or distributor.
(32)
			 "Seven (7) day, ten (10) year low flow" or "7Q10" means that minimum average
			 flow which occurs for seven (7) consecutive days with a recurrence interval of
			 ten (10) years.
(33) "Standard" or
			 "water quality standard" means an administrative regulation adopted by the
			 authority, or by the cabinet if the authority fails to adopt it, establishing
			 the use to be made of a surface water or groundwater and the water quality
			 criteria necessary to maintain and protect that use.
(34) "Stream" means a river, creek or
			 channel, having well-defined banks, in which water flows for substantial
			 periods of the year to drain a given area, or any lake or other body of
			 water.
(35) "Surface waters" means
			 those above-ground waters having well-defined banks and beds, either constantly
			 or intermittently flowing; lakes and impounded waters; marshes and wetlands;
			 and any subterranean waters flowing in well-defined channels and having a
			 demonstrable hydrologic connection with the surface.
(36) "Tier I fee" means a fee:
(a) Funding watershed management projects of
			 benefit to the entire watershed of the Kentucky River basin and funding the
			 authority's general expenses;
(b)
			 Set by the authority based on the authority's budget; and
(c) Paid by all persons who use surface water
			 or groundwater of the Kentucky River basin.
(37) "Tier II fee" means a fee:
(a) Funding any project of benefit to a
			 certain part of the Kentucky River basin;
(b) Set by the authority based on the
			 authority's budget; and
(c) Paid by
			 all persons who use surface water or groundwater of the Kentucky River basin
			 and who derive a direct benefit from that project.
(38) "Transfer" means an interbasin diversion
			 of surface waters or groundwaters to or from the Kentucky River
			 basin.
(39) "Unified long-range
			 water resource plan" or "unified plan" means the unified long-range water
			 resource plan for the Kentucky River basin developed by the authority pursuant
			 to KRS 151.720(9) and  420 KAR 1:030.
(40) "Use" or "using", if referring to the
			 use of water in the Kentucky River basin described in KRS 151.720(5), means the
			 withdrawal of surface water from the Kentucky River or its tributaries, the
			 withdrawal of groundwater within the Kentucky River basin, the point source
			 discharge of pollutants to the Kentucky River or its tributaries, the point
			 source discharge of pollutants to groundwater within the Kentucky River basin,
			 the use of surface water from the Kentucky River or its tributaries for
			 generation of hydroelectric power, the diversion or transfer of waters in the
			 Kentucky River basin, and the use of the Kentucky River or its tributaries for
			 navigation or recreation. "Use" or "using" shall not apply to those facilities
			 using water primarily for agricultural purposes.
(41) "Water" means all rivers, streams,
			 creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes and
			 wetlands, and all other bodies of surface or underground water, natural or
			 artificial, situated wholly or partly within or bordering upon the Kentucky
			 River basin.
(42) "Water
			 conservation" means methods and applications of passive and active water
			 savings and reuse devices, components and processes to reduce demand for water
			 supply.
(43) "Water pollution"
			 means the alteration of the physical, thermal, chemical, biological, or
			 radioactive properties of water in such a manner, condition, or quantity that
			 will be detrimental to the public health or welfare, to animal or aquatic life
			 or marine life, to the use of such waters as present or future sources of
			 public water supply or to the use of such waters for recreational, commercial,
			 industrial, agricultural, or other legitimate purposes.
(44) "Water resources map" means the water
			 resources map described in  401 KAR 4:220, Section 6, and required by  420 KAR 1:030.
(45) "Water shortage
			 emergency" means the authority's declaration that a significant number of
			 citizens in the emergency area are served by water suppliers that are
			 experiencing deficits in the amount of water available for use.
(46) "Water shortage response plan" means the
			 water shortage response plan described by  401 KAR 4:220, Section 6 and required
			 by  420 KAR 1:030.
(47) "Water
			 shortage warning" means the authority's declaration that some water suppliers
			 in the warning area are experiencing deficits in the amount of water available
			 for use.
(48) "Water shortage
			 watch" means the authority's declaration that hydrologic conditions exist in
			 the watch area that indicate the potential for deficits in the amount of water
			 available for use by water suppliers.
(49) "Water supplier" means any system that
			 provides water to the public for human consumption, has at least fifteen (15)
			 service connections or regularly serves an average of at least twenty-five (25)
			 individuals daily at least sixty (60) days of the year, and withdraws more than
			 fifty (50) percent of the water it distributes.
(50) "Water supply distributor" means any
			 system that provides water to the public for human consumption, has at least
			 fifteen (15) service connections or regularly serves an average of at least
			 twenty-five (25) individuals daily at least sixty (60) days of the year, and
			 depends on a water supplier to provide fifty (50) percent or more of the water
			 it distributes.
(51) "Water supply
			 plan" means the final plan document approved by the cabinet pursuant to KRS 151.110 through 151.118 and  401 KAR 4:220.
(52) "Water supply protection area" means the
			 designated watershed of a surface water supply source, or the designated
			 recharge area of a groundwater supply source, or a designated wellhead
			 protection area.
(53) "Water supply
			 source" means a particular site or classification of site where water is
			 withdrawn.
(54) "Watershed" means
			 all the area from which all drainage passes a given point downstream.
(55) "Wetlands" means land that has a
			 predominance of hydric soils and that is inundated or saturated by surface or
			 groundwaters at a frequency and duration sufficient to support, and that under
			 normal circumstance does support, a prevalence of vegetation typically adapted
			 for life in saturated soil conditions. Wetlands generally include swamps,
			 marshes, bogs, floodplains and similar areas.
(56) "Withdraw" or "withdrawal of water"
			 means the actual removal or taking of water from any surface waters or
			 groundwaters of the Kentucky River basin.