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| Summary | Fire Marshal | Water | Air | Emergency Response | Hazardous Waste |
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Kentucky - Water Pollution Control Act Summary Kentucky has adopted a water quality program by statute. Click here to access KRS 224, Subchapter 70 and select sections of Kentucky's water quality regulations at 401 KAR Chapter 5. Links to Kentucky statutes and regulations are provided to the website maintained by the Kentucky Legislative Research Commission. In addition, the Kentucky Emergency Response Act KRS 224.01-400, provides for notification to appropriate state authorities in the event of a release of certain "hazardous" substances. Kentucky has federal delegation of authority to issue permits for discharges of pollutants under the federal Clean Water Act (CWA). Click here for links to the full text of KRS 224.16-050 and 401 KAR 5:050 to 5:080, Kentucky's regulatory permit program.
Kentucky received approval for its stormwater program on September 30, 1983. Click here for links to the full text of 401 KAR 5:050 to 5:080, Kentucky's regulatory permit program, the Kentucky Pollutant Discharge Elimination System (KPDES). KPDES requires permits for the discharge of pollutants from any point source into waters of the Commonwealth. A "discharge" includes surface run-off which is collected or channeled and discharges through pipes, sewers, or other conveyances. Petroleum is a "pollutant" by statutory definition. The Kentucky regulations define a "point source" very broadly to include "any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel, or other floating craft, from which pollutants are or may be discharged." As with federal SPCC provisions, Kentucky law also defines "waters of the Commonwealth" very broadly to include rivers, streams, lakes, ponds, marshes, and other bodies of surface or underground water. However, there are certain discharges that are excluded from the permit requirements such as discharges into publicly owned treatment works. Permit applications must be submitted at least 180 days before the date on which the discharge is to commence, unless permission for a later date is granted. A KPDES permit is valid for up to five (5) years.
As of August 1995, persons responsible for conducting certain activities, including bulk storage of petroleum in ASTs, must prepare a groundwater protection plan upon commencement of the regulated activity. Click here to access the full text of 401 KAR 5:037, which governs groundwater protection plans in Kentucky. Elements of a groundwater protection plan include general information about the facility, identification of activities, identification of practices chosen to protect groundwater, an implementation schedule for the plan, a description and implementation plan for employee training, an inspection schedule, and certification of regulatory compliance. The regulations do not require filing of the plan with the Commonwealth, Natural Resources and Environmental Protection Cabinet (Cabinet). However, all records evidencing compliance with these regulations must be kept for six years and the plan must be reviewed every three years and revised if necessary. Kentucky Emergency Response Act The Kentucky Emergency Response Act, KRS 224.01-400, requires any person in charge of a site from which oil is discharged in contravention of the CWA to notify the Cabinet within twenty-four (24) hours via a twenty-four (24) hour environmental response line. The notification must include the location of the discharge, the material discharged, and the approximate quantity and concentration of the discharge. Also, any person controlling petroleum who has knowledge of a release or threat of a release of twenty-five (25) gallons or more must notify the Cabinet in the same manner within twenty-four (24) hours. The reportable quantity for diesel is seventy-five (75) gallons or more. The Cabinet may require that a written report of the discharge or release be submitted within seven (7) days. This report must include, among other things, the circumstances of the release, efforts taken to control or mitigate the release, known harmful effects, and proposed remedial action. In addition to the statutory notification requirements, Kentucky has a regulatory notification requirement for the discharge of any substance that might contribute to the pollution of waters. 401 KAR 5:015. Click here for a link. Under this regulation, the discharge must be reported to the Cabinet's Division of Water. Copyright © 2000 - 2007 Petroleum Marketing Law Internet Site. All Rights Reserved. Legal notice. |