RELATES TO:
KRS 224.01-010,
224.10-100,
224.16-050,
224.16-070,
350.060,
33 U.S.C.
1251-1387,
EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.16-050 authorizes the cabinet to certify
pursuant to
33
U.S.C. 1341 that applicants for a federal
permit regarding the construction or operation of facilities, which may result
in a discharge of dredged or fill material into the waters of the Commonwealth,
as defined in
KRS
224.01-010(33), shall comply
with the applicable provisions of the Federal Water Pollution Control Act,
33 U.S.C.
1251-1387.
This administrative regulation establishes the procedures for public notice of
Section 401, Individual Water Quality Certifications. EO 2008-507 and 2008-531,
effective June 16, 2008, abolish the Environmental and Public Protection
Cabinet and establish the new Energy and Environment Cabinet. This
administrative regulation is not more stringent than the federal
counterpart.
Section 1. Public Notice.
(1) The cabinet shall give public notice of
receipt of a complete application for a Section 401 Individual Water Quality
Certification.
(a) A complete application
shall contain the information necessary to allow a meaningful review of the
project based on its merits.
1. An applicant
for a project relating to surface mining coal operations shall submit the
Application for Water Quality Certification for Surface Coal Mining
Activities.
2. All other applicants
seeking certification shall submit the Application for Permit to Construct
Across or Along a Stream and/or Water Quality Certification.
(b) If an application is
incomplete, a notice shall be sent to the applicant indicating the areas of the
application that are deficient.
(2) Section 401 Individual Water Quality
Certification public notices may describe more than one (1) certification or
action and may be a part of other public notices under the Federal Water
Pollution Control Act,
33 U.S.C.
1251-
1387.
Section 2. Methods.
(1) The cabinet shall post public notices on
its Web site,
www.eec.ky.gov; and
(2) The cabinet shall give public notice to:
(a) An applicant or person who has requested
an electronic copy of Section 401 Individual Water Quality Certification public
notices; and
(b) An applicant or
person who has requested to be notified by standard mail of Section 401
Individual Water Quality Certification public notices.
Section 3. Content. A public
notice shall contain at least the following information:
(1) The name and address of the applicant
and, if different, the address or location of the activity regulated by the
certification;
(2) The name,
address, and telephone number of the applicant or applicant's representative to
contact for further information;
(3) A brief description of the comment
procedures, including deadlines;
(4) A brief description of the proposed
activity and its purpose;
(5) The
location of the waters of the Commonwealth affected by the proposed activity;
and
(6) The location and
availability of the application for public inspection.
Section 4. Public Comment.
(1) The public comment period shall expire
thirty (30) days from the date of the public notice.
(2) The cabinet shall consider comments prior
to making a final determination on a certification.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Water Quality
Certification for Surface Coal Mining Activities", Form DNR-WQC, July
2008.
(b) "Application for Permit
to Construct Across or Along a Stream and/or Water Quality Certification", July
2008.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Division of Water, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.