KRS 224.70-150: Cabinet to maintain on its Web site a listing of waters defined as

impaired by federal law -- Requirement for notice and opportunity for hearing

to interested persons before submission to the Environmental Protection

Agency of an impaired water des ignation for any new waters -- Cabinet's duty

to provide notice and opportunity for public review and input in addition to

federal notice requirements -- Cabinet's duty to remove from impaired listing

waters which now meet water quality standards.

(1) (a) Beginning on July 1, 2014, the cabinet shall maintain on its Web site a listing

of:

1. All waters or portion thereof in the Commonwealth identified pursuant

to 33 U.S.C. sec. 1313(d);

2. Total maximum daily loads established after June 25, 2013; and

3. All waters or portion thereof in the Commonwealth for which notice is

provided pursuant to subsection (2) of this section.

(b) The listing required by this subsection shall include:

1. A detailed summary, in plain and unambiguous words that are easily

understood by laymen, of the basis for the listing. The summary shall

identify the location of all available data, in reasonably accessible form,

utilized in the cabinet's identification of the waters or portion thereof and

establishment of the total maximum daily load; and

2. Sources of information utilized, sources and methods of data collection

and analysis, and the age of the data utilized.

(c) The cabinet shall maintain on its Web site a listing of local, state, and federal

resources, along with contact inf ormation, available to communities in efforts

to enhance compliance with applicable water quality standards.

(2) No later than ninety (90) days prior to submitting to the United States

Environmental Protection Agency a new water or portion thereof to be in cluded in

the list of waters or portion thereof identified pursuant to 33 U.S.C. secs.

1313(d)(1)(A) and 1313(d)(1)(B), the cabinet shall provide notice in accordance

with subsection (4) of this section that water quality data may indicate that the water

or portion thereof does not meet water quality standards applicable to that water or

portion thereof and shall offer the opportunity for review and public comment of no

less than sixty (60) days on the listing decision and the data and justification

therefor.

(3) In addition to any other requirement imposed by federal law, prior to developing a

total maximum daily load pursuant to 33 U.S.C. sec. 1313 after June 25, 2013, the

cabinet shall provide notice in accordance with subsection (4) of this section and

shall offer the opportunity for public review and input throughout the total

maximum daily load development process.

(4) Notice provided pursuant to subsections (2) and (3) of this section may be provided

electronically and shall:

(a) Include a reference to the location where additional information may be found,

including the county or counties in which the water or portion thereof is

located; and

(b) Be provided to all persons who have requested to be notified of new waters

added to the listing or total maximum daily load development.

(5) If any water or portion thereof that has previously been listed or a total maximum

daily load established pursuant to 33 U.S.C. sec. 1313(d) meets water quality

standards, the cabinet shall take all ne cessary measures pursuant to applicable laws

and regulations to remove the listing and any requirements as a result of the

establishment of the total maximum daily load, except as necessary to otherwise

comply with applicable laws and regulations.