RELATES TO: KRS Chapter 224, 224.10-220, 224.10-100,
224.16-050, 224.16-070, 224.71-100,
33 U.S.C.
1251-1387,
EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 authorizes the cabinet to
establish a fee for the cost of processing applications for permits authorized
under KRS Chapter 224.
KRS
224.10-220 requires the cabinet to establish
timetables for the issuance of permits.
KRS
224.16-050 authorizes the cabinet to certify,
pursuant to
33
U.S.C. 1341, that applicants for a federal
permit for the construction or operation of facilities, which may result in a
discharge into the waters of the Commonwealth, will comply with the applicable
provisions of the Federal Water Pollution Control Act,
33 U.S.C.
1251-1387.
This administrative regulation establishes fees and a certification timetable
for processing applications for Section 401 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 regulations is neither more nor less stringent than federal
requirements.
Section 1. Definitions.
(1) "Agriculture operation" is defined by
KRS
224.71-100(1).
(2) "Natural person" means an individual
person distinguished from a person as defined in
KRS
224.01-010(17).
(3) "Personal residence" means a natural
person's primary place of abode.
Section 2. Fee Remittance. Fees for water
quality certifications shall be remitted to the Kentucky State Treasurer, which
shall be for the sole use of the cabinet in administration of the 401 water
quality certification program and shall be in addition to money appropriated by
the General Assembly for the use of the cabinet.
Section 3. Review Fees for Individual Water
Quality Certification Applications for Stream Impacts. Fees for the review of
individual water quality certification applications for stream impacts shall be
as follows:
(1) $1,000 for an impact greater
than 500 linear feet but less than 1,000 linear feet;
(2) $2,500 for an impact of 1,000 to 5,000
linear feet; and
(3) $5,000 for an
impact greater than 5,000 linear feet.
Section 4. Review Fees for Individual Water
Quality Certification Applications for Wetland Impacts.
(1) Fees for the review of individual water
quality certification applications for wetland impacts shall be $500 per acre
of impacted wetland.
(2) The fee
charged for review of an individual water quality certification application for
wetland impacts shall not exceed $5,000.
Section 5. Exemptions. The following shall be
exempt from Section 401 certification fees:
(1) Applications for Section 401 general
water quality certifications;
(2)
Agriculture operations; and
(3)
Personal residences.
Section
6. Timetable for Review of Section 401 Water Quality
Certifications.
(1) The cabinet shall issue
its final decision on a certification application within 120 calendar days
after receipt of a complete application, pursuant to
401
KAR 9:010, Section 1(1), except as provided in
subsection (3) of this section.
(2)
Within thirty (30) calendar days of initial receipt of an application for a
section 401 water quality certification, the cabinet shall issue a notice of
deficiency if the application is not complete.
(3) Timetable exclusions. Time periods that
shall not be counted towards the cabinet review schedule referenced in
subsection (1) of this section include:
(a)
Time waiting for the applicant to respond to a notice of deficiency;
(b) Time during which the certification,
application, decision, or related matter is the subject of litigation,
including administrative hearings or court proceedings, between the cabinet and
the applicant;
(d) Time waiting for Section 401 Water
Quality Certification fees to be paid after the cabinet's certification
decision regarding the application is made; and
(e) Other times as agreed to by the applicant
and the cabinet.