Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:075 - Cabinet review procedures for KPDES permits and permit timetables for 401 KAR Chapter 5

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.1-070,
				224.1-400,
				224.10-420,
				224.10-440,
				224.10-470,
				224.70-100,
				224.70-120,
				224.99-010, 40 C.F.R.
				124
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(19) authorizes
				the cabinet to issue, continue in effect, revoke, modify, suspend or deny
				permits to discharge into any waters of the Commonwealth.
				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
				224.10-220 requires the cabinet to establish
				timetables for the issuance of all permits by the cabinet, except those permits
				for which a timetable is established by statute. This administrative regulation
				establishes timetables for permits that are required by 401 KAR Chapter 5 and
				the procedures for receiving permit applications, preparing draft permits,
				issuing public notice, inviting public comment, and holding public hearings on
				draft permits.
Section 1. Review of
			 the Application. An application for a KPDES permit shall be submitted and
			 reviewed as established in
			 40 C.F.R.
			 124.3.
Section
			 2. Review Procedures for Permit Modification, Revocation and
			 Reissuance, or Revocation. A KPDES permit modification, revocation and
			 reissuance, or revocation shall be as established in
			 40
			 C.F.R. 124.5, except that a request for a
			 hearing shall be made as established in Section 13 of this administrative
			 regulation.
Section 3. Draft
			 Permits. Preparation or denial of a draft permit shall be as established in
			 40
			 C.F.R. 124.6.
Section 4. Fact Sheets. A fact sheet shall be
			 prepared as established in
			 40
			 C.F.R. 124.8.
Section 5. Public Notice of Permit Actions
			 and Public Comment Period. Public notice of a permit action and the public
			 comment period shall be as established in
			 40 C.F.R.
			 124.10.
Section 6. Public Comments and Requests for
			 Public Hearings. Provisions for public comments and requests for a public
			 hearing shall be as established in
			 40 C.F.R.
			 124.11.
Section 7. Public Hearings. A public hearing
			 shall be conducted as established in
			 40 C.F.R.
			 124.12.
Section 8. Obligation to Raise Issues and
			 Provide Information During the Public Comment Period. An obligation to raise
			 issues and provide information during the public comment period shall be as
			 established in
			 40
			 C.F.R. 124.13.
Section 9. Conditions Requested by the Corps
			 of Engineers and Other Government Agencies. Conditions requested by the Corps
			 of Engineers or another government agency shall be as established in
			 40
			 C.F.R. 124.59.
Section 10. Reopening of the Public Comment
			 Period. The public comment period shall be reopened as established in
			 40 C.F.R.
			 124.14.
Section 11. Issuance and Effective Date of
			 Permit.
(1) After the close of the public
			 comment period established in Section 5 of this administrative regulation, the
			 cabinet shall make a determination to issue, deny, modify, revoke and reissue,
			 or revoke a permit.
(a) The cabinet shall
			 provide written notice to the applicant and to each person who submitted
			 written comments or requested notice of the determination.
(b) The notification shall include reference
			 to the procedures to request a hearing to contest the
			 determination.