{"data":{"id":"us-ky/krs-224.16-040","jurisdiction":"us-ky","citation":"KRS 224.16-040","heading":"Factors to be considered when issuing federal permits, requiring long -","body":"term control plans, or enforcing federal Water Pollution Control Act.\nWhen issuing permits under KRS 224.16 -050 for discharges consisting of combined\nsewer overflows, requiring a nd approving long -term control plans for wet weather\ndischarges from combined or separate sanitary sewer systems, or enforcing provisions of\nthe federal Water Pollution Control Act, 33 U.S.C. secs. 1251 et seq., the cabinet shall\nconsider the following, to  the extent allowable under this chapter and the federal Water\nPollution Control Act:\n(1) Limitations on a community's financial capabilities and ability to raise or secure\nnecessary funding;\n(2) Affordability of control options;\n(3) An evaluation of the effectiveness and affordability of control technologies;\n(4) Promotion of green infrastructure;\n(5) Reducing economic impacts on regulated entities, other state and local\ngovernmental entities, and residents of the Commonwealth;\n(6) Allowing for reasonable accommodations for regulated entities and other state and\nlocal governmental entities when inflexible standards and fines would impose a\ndisproportionate financial hardship in light of the environmental benefits to be\ngained;\n(7) Giving preference, where p roposed by a permittee, to control options that meet\npresumption approach performance criteria and demonstrate significant pollution\nreduction rather than mandating specific designs;\n(8) Allowing adequate time and flexibility for implementation schedules w hen justified\nby a clear environmental benefit, a community's ability to raise or secure adequate\nfunds, an analysis concluding that the costs of a shorter implementation schedule\noutweigh the benefits of faster implementation, or other factors; and\n(9) Factors set forth in the United States Environmental Protection Agency's\n\"Combined Sewer Overflow Control Policy\" that may ease the cost burdens of\nimplementing long -term control plans, including but not limited to small system\nconsiderations, the attainabil ity of water quality standards, and the development of\nwet weather standards.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10334","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"c7e8ccfd3af75097686564afcc32640c33844601c4ad64f561251d498012e442","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.140","next":"us-ky/krs-224.16-050"},"notice":"GroundRules: Original legal text. Not legal advice."}