KRS 224.16-040: Factors to be considered when issuing federal permits, requiring long -

term control plans, or enforcing federal Water Pollution Control Act.

When issuing permits under KRS 224.16 -050 for discharges consisting of combined

sewer overflows, requiring a nd approving long -term control plans for wet weather

discharges from combined or separate sanitary sewer systems, or enforcing provisions of

the federal Water Pollution Control Act, 33 U.S.C. secs. 1251 et seq., the cabinet shall

consider the following, to the extent allowable under this chapter and the federal Water

Pollution Control Act:

(1) Limitations on a community's financial capabilities and ability to raise or secure

necessary funding;

(2) Affordability of control options;

(3) An evaluation of the effectiveness and affordability of control technologies;

(4) Promotion of green infrastructure;

(5) Reducing economic impacts on regulated entities, other state and local

governmental entities, and residents of the Commonwealth;

(6) Allowing for reasonable accommodations for regulated entities and other state and

local governmental entities when inflexible standards and fines would impose a

disproportionate financial hardship in light of the environmental benefits to be

gained;

(7) Giving preference, where p roposed by a permittee, to control options that meet

presumption approach performance criteria and demonstrate significant pollution

reduction rather than mandating specific designs;

(8) Allowing adequate time and flexibility for implementation schedules w hen justified

by a clear environmental benefit, a community's ability to raise or secure adequate

funds, an analysis concluding that the costs of a shorter implementation schedule

outweigh the benefits of faster implementation, or other factors; and

(9) Factors set forth in the United States Environmental Protection Agency's

"Combined Sewer Overflow Control Policy" that may ease the cost burdens of

implementing long -term control plans, including but not limited to small system

considerations, the attainabil ity of water quality standards, and the development of

wet weather standards.