KRS 224.71-145: Person implementing practice or plan under Clean Water Act

nationwide permit to be deemed as having received state certification -- Effect.

(1) Notwithstanding the provisions of KRS 224.71 -140, if any person conducting an

agriculture, silviculture, or other similar best management or technically -assisted

practice or plan as defined in KRS 224.71-100(3), (4), (5), (6), or (10) is required to

obtain a Clean Water Act Nationwide Permit No. 12, 13, 14, 26, 27, 33, or 37 and

is, in good faith, implementi ng the practice or plan pursuant to KRS 224.71 -120,

then the practice shall be deemed to have received the certification from the

Commonwealth of Kentucky required pursuant to 33 U.S.C. sec. 1341(a).

(2) If a person is deemed to have a certification pursua nt to subsection (1) of this

section, then the cabinet shall not require the person to apply for the certification or

impose any other conditions on the activity pursuant to state law or the federal

Clean Water Act, 33 U.S.C. secs. 1251 et seq., as amended.

(3) If a person has not been finally adjudged to be in violation of an approved

agriculture water quality plan, or agriculture, silviculture, or other similar best

management or technically -assisted plan or practice, then the person shall be

deemed to be implementing the plan or practice in good faith for purposes of

subsection (1) of this section.