401 KAR 9:020. Section 401 Water Quality Certification fees and certification timetable

Link to law: http://www.lrc.ky.gov/kar/401/009/020.htm
Published: 2015

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      401 KAR 9:020.

Section 401 Water Quality Certification fees and certification

timetable.

 

      RELATES TO: KRS Chapter 224, 224.10-220,

224.10-100, 224.16-050, 224.16-070, 224.71-100, 33 U.S.C. 1251-1387, EO

2008-507, 2008-531

      STATUTORY AUTHORITY: KRS 224.10-100,

224.10-220, 224.16-050, 33 U.S.C. 1251, 1341

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 authorizes the cabinet to establish a fee for

the cost of processing applications for permits authorized under KRS Chapter

224. KRS 224.10-220 requires the cabinet to establish timetables for the

issuance of permits. KRS 224.16-050 authorizes the cabinet to certify, pursuant

to 33 U.S.C. 1341, that applicants for a federal permit for the construction or

operation of facilities, which may result in a discharge into the waters of the

Commonwealth, will comply with the applicable provisions of the Federal Water

Pollution Control Act, 33 U.S.C. 1251-1387. This administrative regulation

establishes fees and a certification timetable for processing applications for

Section 401 Water Quality Certifications. EO 2008-507 and 2008-531, effective

June 16, 2008, abolish the Environmental and Public Protection Cabinet and

establish the new Energy and Environment Cabinet. This administrative

regulations is neither more nor less stringent than federal requirements.

 

      Section 1. Definitions. (1)

"Agriculture operation" is defined by KRS 224.71-100(1).

      (2) "Natural person" means an

individual person distinguished from a person as defined in KRS 224.01-010(17).

      (3) "Personal residence" means

a natural person’s primary place of abode.

 

      Section 2. Fee Remittance. Fees for water

quality certifications shall be remitted to the Kentucky State Treasurer, which

shall be for the sole use of the cabinet in administration of the 401 water

quality certification program and shall be in addition to money appropriated by

the General Assembly for the use of the cabinet.

 

      Section 3. Review Fees for Individual

Water Quality Certification Applications for Stream Impacts. Fees for the

review of individual water quality certification applications for stream

impacts shall be as follows:

      (1) $1,000 for an impact greater than 500

linear feet but less than 1,000 linear feet;

      (2) $2,500 for an impact of 1,000 to

5,000 linear feet; and

      (3) $5,000 for an impact greater than

5,000 linear feet.

 

      Section 4. Review Fees for Individual

Water Quality Certification Applications for Wetland Impacts. (1) Fees for the

review of individual water quality certification applications for wetland

impacts shall be $500 per acre of impacted wetland.

      (2) The fee charged for review of an

individual water quality certification application for wetland impacts shall

not exceed $5,000.

 

      Section 5. Exemptions. The following

shall be exempt from Section 401 certification fees:

      (1) Applications for Section 401 general

water quality certifications;

      (2) Agriculture operations; and

      (3) Personal residences.

 

      Section 6. Timetable for Review of

Section 401 Water Quality Certifications.

      (1) The cabinet shall issue its final decision

on a certification application within 120 calendar days after receipt of a

complete application, pursuant to 401 KAR 9:010, Section 1(1), except as provided

in subsection (3) of this section.

      (2) Within thirty (30) calendar days of

initial receipt of an application for a section 401 water quality

certification, the cabinet shall issue a notice of deficiency if the

application is not complete.

      (3) Timetable exclusions. Time periods

that shall not be counted towards the cabinet review schedule referenced in

subsection (1) of this section include:

      (a) Time waiting for the applicant to

respond to a notice of deficiency;

      (b) Time during which the certification,

application, decision, or related matter is the subject of litigation,

including administrative hearings or court proceedings, between the cabinet and

the applicant;

      (c) The public notice period set forth in

401 KAR 9:010;

      (d) Time waiting for Section 401 Water

Quality Certification fees to be paid after the cabinet’s certification

decision regarding the application is made; and

      (e) Other times as agreed to by the

applicant and the cabinet.

(35 Ky.R. 35; 815; eff. 10-8-2008.)