401 KAR 5:035. Treatment requirements; compliance

Link to law: http://www.lrc.ky.gov/kar/401/005/035.htm
Published: 2015

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      401 KAR 5:035.

Treatment requirements; compliance.



224.70-100, 224.70-110


AUTHORITY: KRS 224.10-100(17)


FUNCTION, AND CONFORMITY: This administrative regulation defines minimum

treatment requirements and mandates that all persons discharging pollutants

through point sources shall apply these measures, or more stringent as

required, to meet water quality standards by certain dates.


      Section 1.

Applicability. The provisions of this administrative regulation shall apply to

all discharges to surface waters of the Commonwealth as defined in 401 KAR

5:029, Section 1(1)(bb).


      Section 2.

Treatment Requirements. (1) All persons who discharge through a point source

shall, as a minimum, apply the secondary treatment, or equivalent, considering

such factors as the total cost of the application of such technology in

relation to the effluent reduction benefits to be achieved; the age of the

equipment and facilities involved; the process employed; the engineering

aspects of the application of various types of control techniques; nonwater

quality environmental impact; and such other factors as the cabinet considers

appropriate to treatment facilities not later than July 1, 1977.

      (2) All persons

who discharge through a point source shall apply the best available waste

control technology, or equivalent, not later than July 1, 1984, or three (3)

years following the promulgation of applicable categorical or water quality

criteria effluent limitations in the Federal Register. In determining what is

best available waste-control technology, the factors in subsection (1) of this

section shall be considered. In addition, any operating and maintenance

procedures, schedules of activities, prohibitions of activities, and other

management practices to control site run-off, spillage, leaks, sludge or waste

disposal, or drainage from raw material storage may be imposed in addition to

or in the absence of other applicable standards and limitations.


      Section 3. The

cabinet may deny, revoke, or modify a permit to any applicant where the

discharge in the judgment of the cabinet does not conform to the policy of the

Commonwealth of Kentucky as set forth in KRS 224.70-100.


      Section 4. The

provisions of this administrative regulation shall be unseverable with the

provisions of 401 KAR 5:026, 401 KAR 5:029, and 401 KAR 5:031. (WP-6-2; 1 Ky.R.

762; eff. 7-2-75; Am. 5 Ky.R. 812; 6 Ky.R. 348; eff. 12-5-79.)