{"data":{"id":"us-ky/krs-224.16-050","jurisdiction":"us-ky","citation":"KRS 224.16-050","heading":"Issuance of federal permits by cabinet -- Timelines for determination --","body":"Activities not requiring permit -- Wetlands delineation -- Application fee.\n(1) The cabinet may issue federal permits pursuant to 33 U.S.C. sec. 1342(b) of the\nfederal Water Pollution Control Act, 33 U.S.C. sec. 1251 et seq., subject to the\nconditions imposed in 33 U.S.C. secs. 1342(b) and 1342(d). The cabinet may issue\nfederal permits pursuant to 33 U.S.C. sec. 1344(e) and (g) of the federal Water\nPollution Control Ac t, 33 U.S.C. sec. 1251 et seq., subject to the conditions\nimposed in 33 U.S.C. sec. 1344(h), (i), and (j). Any exemptions granted in the\nissuance of NPDES permits shall be pursuant to 33 U.S.C. secs. 1311, 1312, and\n1326(a). The cabinet shall report to the  standing committees of jurisdiction over\nenvironmental protection, and appropriations and revenue, no later than January 1,\n2006, on the costs, personnel requirements, and any statutory or regulatory changes\nneeded to support state assumption of the permi tting program under 33 U.S.C. sec.\n1344(e) and (g), and the anticipated benefits in permit streamlining and\nenvironmental quality from state administration of the program.\n(2) (a) The cabinet shall make certification determinations pursuant to 33 U.S.C. se c.\n1341 as to whether applicants for a federal permit for the construction or\noperation of facilities which may result in a discharge into the waters of the\nCommonwealth will comply with the applicable provisions of the federal\nWater Pollution Control Act, 33 U.S.C. sec. 1251 et seq.\n(b) Within thirty (30) calendar days of receipt of an application for certification\nunder paragraph (a) of this subsection, the cabinet shall notify the applicant in\nwriting that the application is complete or that the cabinet requires additional\ninformation to process the application. If the cabinet determines that\nadditional information is necessary to process the application, the notice\nprovided pursuant to this paragraph shall clearly set forth the necessary\nadditional infor mation, which the applicant shall provide within thirty (30)\ncalendar days of receiving the notice of incompleteness.\n(c) Unless a longer period of time is requested by the applicant, the cabinet shall\nmake a final determination on whether to issue the cer tification or deny the\napplication within sixty (60) calendar days of notifying the applicant that the\napplication is complete pursuant to paragraph (b) of this subsection.\n(d) If the cabinet does not make a final determination within sixty (60) calendar\ndays of a notification of completeness in accordance with paragraph (c) of this\nsubsection, the cabinet shall be considered to have waived certification\nrequirements by the Commonwealth, unless the applicant has voluntarily\nagreed in writing to a longer rev iew period not to exceed one (1) year from\nthe cabinet's receipt of the initial application.\n(3) The certification provided under subsection (2) of this section shall be limited in\nscope to water quality impacts from the discharge only and shall not includ e other\nlimitations or constitute a review of the proposed activity as a whole.\n(4) The cabinet shall not impose under any permit issued pursuant to this section any\neffluent limitation, monitoring requirement, or other condition which is more\nstringent th an the effluent limitation, monitoring requirement, or other condition\nwhich would have been applicable under federal regulation if the permit were\nissued by the federal government. The cabinet shall not postpone or delay the\nreview of, or condition, delay, or refuse the issuance of, any permit under 33 U.S.C.\nsec. 1342(b) of the Federal Water Pollution Control Act on the applicant's need for\nor receipt of any other federal, state, or local permit, certification, license,\nauthorization, or other approval.\n(5) Nonprofit organizations which have been qualified under Section 501(c)(3) of the\nInternal Revenue Code and which operate their own treatment facilities and which\nare designated for capacities less than ten thousand (10,000) gallons per day shall\nbe char ged a fee no greater than fifty dollars ($50) by the cabinet to process a\nconstruction permit, nor a fee greater than twenty dollars ($20) per year for an\noperating permit for one (1) facility. These fees shall in no case be higher than the\nfees charged by the cabinet to process permit applications for comparable privately\nowned facilities. This subsection shall not apply to any school or waterworks\nowned by a water district, water association, or municipality and established\npursuant to KRS Chapter 74 or 106.\n(6) The following activities do not require a permit issued under 33 U.S.C. sec. 1344.\nThe discharge of dredged or fill material:\n(a) From normal farming, silviculture, and ranching activities such as plowing,\nseeding, cultivating, minor draining, harvesting for the production of food,\nfiber, and forest products, or upland soil and water conservation practices;\n(b) For the purpose of mai ntenance, including emergency reconstruction of\nrecently damaged parts of currently serviceable structures such as dikes,\ndams, levees, groins, riprap, breakwaters, causeways, bridge abutments or\napproaches, and transportation structures;\n(c) For the purpo se of construction or maintenance of farm or stock ponds,\nirrigation ditches, or the maintenance of drainage ditches;\n(d) For the purpose of construction of temporary sedimentation basins on a\nconstruction site which does not include placement of fill mate rial into the\nnavigable waters; or\n(e) For the purpose of construction or maintenance of farm roads, forest roads, or\ntemporary roads for moving mining equipment, where the roads are\nconstructed and maintained, in accordance with best management practices, to\nensure that flow and circulation patterns and chemical and biological\ncharacteristics of the navigable waters are not impaired, that the reach of the\nnavigable waters is not reduced, and that any adverse effect on the aquatic\nenvironment will be minimized.\n(7) Prior to assuming delegated authority from the United States Environmental\nProtection Agency to administer 33 U.S.C. sec. 1344(e) and (g), the cabinet shall\nenter into a memorandum of agreement with the United States Department of\nAgriculture (USDA) regarding wetlands delineation on agricultural lands or lands\nowned or operated by a USDA program participant. The cabinet shall give the same\ndeference to wetlands delineations made by USDA as would have been given by a\nfederal agency administering 33 U.S.C. sec. 1344(e) and (g).\n(8) The cabinet may establish by regulation a fee for processing permit applications\nunder 33 U.S.C. sec. 1344.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54021","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"8e027e5cf80572bdccdff4a8c806d407657fd1d7970c96287c8c50c5855ae523","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.16-040","next":"us-ky/krs-224.16-055"},"notice":"GroundRules: Original legal text. Not legal advice."}