KRS 224.71-120: Agriculture water quality plans -- Monitoring -- Water priority

protection regions -- Plan modifications.

Each agriculture operation shall establish an agriculture water quality plan as follows:

(1) In the case of an agriculture operation which alr eady has in place a conservation

plan, compliance plan, or forest stewardship management plan, the agriculture water

quality plan for that agriculture operation shall be the conservation plan, compliance

plan, or forest stewardship management plan until the time the statewide agriculture

water quality plan for agriculture is developed, approved, and incorporated into the

existing plan.

(2) All persons engaged in agriculture operations are encouraged to follow the best

management practices provided by the Soil and Water Conservation Commission in

the "Agriculture Best Management Practices Manual" until the statewide agriculture

water quality plan is developed and approved.

(3) The approved statewide agriculture water quality plan shall establish the applicabl e

requirements to be used by the technical agencies in assisting persons engaged in

agriculture operations in the revision and modification of their conservation plans,

compliance plans, or forest stewardship management plans. Within five (5) years of

the approval of the statewide agriculture water quality plan, persons engaged in

agriculture operations across the state shall implement the applicable requirements

of the statewide plan. A person engaging in agriculture operations where water

pollution has be en documented by the cabinet shall be presumed to be in

compliance with KRS 224.71 -100 to 224.71 -140 if that person has timely and

properly implemented the applicable requirements of the statewide agriculture water

quality plan. If it is determined that the plan does not prevent the documented water

pollution, it shall be the responsibility of the Agriculture Water Quality Authority,

not the agriculture operations, to identify the necessary modifications to the plan to

prevent the documented pollution. The Commonwealth of Kentucky, through the

conservation districts, shall assure that technical assistance is made available to

assist persons engaged in agriculture operations with the implementation of the

statewide plan requirements. The Commonwealth of Kentu cky recognizes the

public benefit of providing the financial resources necessary to protect groundwater

and surface water and may make available cost share dollars to assist persons

engaged in agriculture operations with the implementation of their plans a s

resources become available. The time for compliance with an agriculture water

quality plan may be extended based on the availability of technical and financial

assistance.

(4) To ensure the success of agriculture's plan to protect groundwater and surface water,

available statewide monitoring data shall be used to identify trends in water quality

across the state and to complement the groundwater assessment program of KRS

247.088. This data shall help identify water protection priority regions, develop a

scientific water quality database, and develop sensitivity map information. As

priority areas are identified on a regional or local basis, efforts shall be made to

conduct an intensive monitoring program by the Division of Water, in cooperation

with Kentucky Geological Survey, and the Agriculture Water Quality Authority, to

investigate known or suspected instances of groundwater pollution.

(5) The cabinet's Division of Water shall notify in writing the local conservation

districts, the Soil and Water Conserv ation Commission, and the Agriculture Water

Quality Authority that water pollution from agriculture operations within a region

has been documented through data collected from monitoring efforts. The Division

of Water, working with the Agriculture Water Qua lity Authority, shall designate

water priority protection regions where it is documented that agriculture is

contributing to water quality pollution problems. If the cabinet's Division of Water

identifies water pollution in a region, the authority shall reevaluate the effectiveness

of the best management practices, and the applicable provisions of the statewide

agriculture water quality plan in effect for agriculture operations in that region.

Working with the Soil and Water Conservation Commission and the conservation

district, the Agriculture Water Quality Authority shall develop a regional agriculture

water quality plan and assist persons engaged in agriculture operations in the

identified region in taking the appropriate steps to modify their agriculture water

quality plan.

(6) Upon notice from the cabinet's Division of Water that water pollution from

agriculture operations has been documented in a water priority protection region of

the state, the Soil and Water Conservation Commission and local conserva tion

districts shall provide notice to persons engaging in agriculture operations within

the region of the availability of any technical and financial assistance. The notice

shall also state that, in order to qualify for any available assistance, the perso n

engaging in agriculture operations shall comply with the regional water quality plan.

The notice shall be in a form which shall not limit the ability of a person engaged in

agriculture operations to participate in state and federal assistance programs. T he

Division of Water and the conservation districts, in consultation with the

Agriculture Water Quality Authority, shall set the time for implementation of the

regional water quality plan.

(7) A person engaging in agriculture operations in an agriculture w ater priority

protection region shall implement the regional plan with assistance from the

commission, the conservation districts, and the Division of Water.

(8) Persons engaged in agriculture operations may obtain modifications of any

statewide or regiona l agriculture water quality plan by submitting the proposed

modification for review to the appropriate conservation district in accordance with

the procedure established in the statewide agriculture water quality plan. The

conservation district shall revie w proposed modifications and make a

recommendation to the Agriculture Water Quality Authority for consideration. If the

authority recommends approval of the modification, the cabinet's Division of Water

shall approve or disapprove the modification on at le ast a quarterly basis, unless

otherwise provided in the statewide agriculture water quality plan.

(9) A person engaging in agriculture operations who is in a water priority protection

region where water pollution has been documented by the cabinet shall be presumed

to be in compliance with KRS 224.71 -100 to 224.71 -140 if that person has timely

and properly implemented the practices required by the portions of the regional

agriculture water quality plan which apply to that person's activities.

(10) Where the re is documented evidence of a violation of water pollution laws or

administrative regulations traceable to a specific agriculture operation, the

provisions of KRS 224.71-130 shall govern the resolution of the violation.