401 KAR 5:035.
Treatment requirements; compliance.
RELATES TO: KRS
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.
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).
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.)