401 KAR 5:060. KPDES application requirements.

401 KAR 5:060. KPDES application requirements.

RELATES TO: KRS 224.01-010, 224.01-070, 224.01-400, 224.70-100, 224.70-120, 224.99-010, 40 C.F.R. 35.2005(b)(20), 110.6, 117.21, 122, 123.35, 136, 261, 262.34, 302.6, 355, Chapter I, Subchapter N, Parts 401 et seq., 33 U.S.C. 1251 et seq., 1314, 1315(b), 1324(a), 1329(a), 1344, 1401 et seq., 42 U.S.C. 300h et seq., 6901 et seq., 6924(u), 6928(h), 7412, 7470-7492, 7501-7515, 11023

STATUTORY AUTHORITY: KRS 224.10-100, 224.16-050, 224.70-110, 40 C.F.R. 35.2005(b)(20), 110.6, 117.21, 122, 123.35, 136, 261, 262.34, 302.6, 355, Chapter I, Subchapter N, Parts 401 et seq., 33 U.S.C. 1251 et seq., 1314, 1315(b), 1324(a), 1329(a), 1344, 1401 et seq., 42 U.S.C. 300h et seq., 6901 et seq., 6924(u), 6928(h),7412, 7470-7492, 7501-7515, 11023

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 authorizes the Environmental and Public Protection Cabinet to issue, continue in effect, revoke, modify, suspend or deny under such conditions as the cabinet may prescribe, permits to discharge into any waters of the Commonwealth. KRS 224.16-050 further empowers the cabinet to issue federal permits pursuant to 33 USC Section 1342(b) of the Federal Water Pollution Control Act, 33 USC Section 1251 et seq. subject to the conditions imposed in 33 USC Sections 1342(b) and (d) and that any exemptions granted shall be pursuant to the Federal Water Pollution Control Act. This administrative regulation sets forth the application requirements for all KPDES permits and contains additional requirements for general and specific categories of dischargers.

Section 1. Applying for a KPDES Permit. (1) Application requirements. Any person who is required to have a permit, including new applicants and permittees with expiring permits, shall complete, sign, and submit an application to the cabinet as described in this administrative regulation and 401 KAR 5:055. On the date of KPDES program approval by EPA, all persons permitted or authorized under NPDES shall be deemed to hold a KPDES permit, including those expired permits which EPA has continued in effect according to 40 CFR Section 122.6, continuation of expiring permits. For the purpose of this section, the cabinet shall accept the information required under subsection (7) of this section, for existing facilities, which has been submitted to EPA as part of a NPDES renewal. The applicant may be requested to update any information which is not current.

(2) Duty to apply.

(a) Any person who discharges or proposes to discharge pollutants and who does not have an effective permit, except persons covered by general permits under 401 KAR 5:055, Section 5, excluded under 401 KAR 5:055, Section 1(2), or a user of a privately owned treatment works unless the cabinet requires otherwise under 401 KAR 5:065, Section 2(12), shall submit a complete application, which shall include a BMP program if necessary under 401 KAR 5:065, Section 2(10) to the cabinet in accordance with this section.

(b) The appropriate application forms for the various discharger types are given below. The forms are incorporated by reference in Section 14 of this administrative regulation.

DISCHARGE TYPE	APPLICATION FORMS
POTWs	1 and A
Concentrated animal feeding operations and aquatic animal production facilities	1 and B
Manufacturing, commercial, mining and silvicultural discharges with process wastewater	1 and C
Manufacturing, commercial, mining and silvicultural discharges with nonprocess wastewater only	1 and Short C
Industrial storm water point source discharges	1 and F

(3) If a facility or activity is owned by one (1) person but is operated by another person, the operator shall obtain a permit.

(4) Time to apply. Any person proposing a new discharge shall submit an application at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the cabinet. Facilities proposing a new discharge of storm water associated with industrial activity shall submit an application 180 days before that facility commences industrial activity which may result in a discharge of storm water associated with that industrial activity. Facilities with storm water runoff from construction activities as defined in 401 KAR 5:002, Section 1, shall submit applications at least ninety (90) days before the date on which construction is to commence. Different submittal dates may be required under the terms of applicable general permits. Persons proposing a new discharge are encouraged to submit their applications well in advance of the ninety (90) or 180 day requirements to avoid delay. See also Section 12(2)(a)1g and (2)(a)2 of this administrative regulation.

(5) Duty to reapply.

(a) Any POTW with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the cabinet. The cabinet shall not grant permission for applications to be submitted later than the expiration date of the existing permit.

(b) All other permittees with currently effective permits shall submit a new application 180 days before the existing permit expires, except that the cabinet may grant permission to submit an application later than the deadline for submission otherwise applicable, but the new deadline shall not be later than the permit expiration date.

1. The conditions of an expired permit shall continue in force until the effective date of a new permit if:

a. The permittee has submitted a timely application under subsection (2) of this section which is a complete application for a new permit; and

b. The cabinet, through no fault of the permittee, does not issue a new permit with an effective date under 401 KAR 5:075, Section 11, on or before the expiration date of the previous permit.

2. Effect. Permits continued under this paragraph shall remain fully effective and enforceable until the effective date of a new permit.

3. Enforcement. If the permittee is not in compliance with the conditions of the expiring or expired permit the cabinet may do any of the following:

a. Initiate enforcement action based upon the permit which has been continued;

b. Issue a notice of intent to deny the new permit under 401 KAR 5:075, Section 3(2);

c. Issue a new permit under 401 KAR 5:075 with appropriate conditions; or

d. Take other actions authorized by KRS Chapter 224 and 401 KAR Chapter 5.

(6) Completeness. The cabinet shall not issue a permit before receiving a complete application for a permit except for KPDES general permits. An application for a permit shall be complete when the cabinet receives an application form and any supplemental information which are completed to its satisfaction. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity.

(7) Information requirements. All applicants for KPDES permits shall provide the following information to the cabinet, using the application form provided by the cabinet. Additional information required of applicants is set forth in Sections 2 through 5 of this administrative regulation.

(a) The activities conducted by the applicant which require it to obtain a KPDES permit.

(b) Name, mailing address, and location of the facility for which the application is submitted.

(d) The owner's or operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity.

(e) A listing of all existing environmental permits.

(f) A topographic map, or other map if a topographic map is unavailable, extending one (1) mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area.

(g) A brief description of the nature of the business.

(8) KPDES permit fees. As provided for in KRS 224.70-120, KPDES applications shall include a filing fee of twenty (20) percent of the total fee applicable to the following categories:

(a) Major industry;

(b) Minor industry;

(d) Large, nonpublicly-owned treatment works;

(e) Intermediate, nonpublicly-owned treatment works;

(f) Small, nonpublicly-owned treatment works;

(g) Agriculture; and

(h) Surface mining operation.

Section 2. Application Requirements for Manufacturing, Commercial, Mining, and Silvicultural Dischargers. Manufacturing, commercial, mining, and silvicultural dischargers applying for KPDES permits, except for those facilities subject to the requirements of Section 3 of this administrative regulation, shall provide the following information to the cabinet, using the appropriate application forms as specified in Section 1 of this administrative regulation.

(1) Outfall location. The latitude and longitude to the nearest fifteen (15) seconds and the name of the receiving water.

(2) Line drawing. A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under subsection (3) of this section. The water balance shall provide approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.

(3) Average flows and treatment. A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and storm water runoff; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations, or production areas may be described in general terms (for example, dye-making reactor or distillation tower). For a privately owned treatment works, this information shall include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation shall be indicated.

(4) Intermittent flows. If any of the discharges described in subsection (3) of this section are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence, except for storm water runoff, spillage or leaks.

(5) Maximum production. If an effluent guideline promulgated under Section 304 of CWA, 33 USC 1314 applies to the applicant and is expressed in terms of production or other measure of operation, a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline. The reported measure shall reflect the actual production of the facility as required by 401 KAR 5:065, Section 3(2).

(6) Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates.

(7) Effluent characteristics. Information on the discharge of pollutants specified in this subsection, except information on storm water discharges which is to be provided as specified in Section 12 of this administrative regulation.

(a) If quantitative data for a pollutant are required, the applicant shall collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR Part 136. If no analytical method is approved the applicant may use any suitable method but shall provide a description of the method. If an applicant has two (2) or more outfalls with substantially identical effluents, the cabinet may allow the applicant to test only one (1) outfall and report that the quantitative data also apply to the substantially identical outfalls. The requirements in paragraphs (f) and (g) of this subsection that an applicant shall provide quantitative data for certain pollutants known to be present shall not apply to pollutants present in a discharge solely as the result of their presence in intake water. An applicant shall report these pollutants as present. Grab samples shall be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform and fecal streptococcus. For all other pollutants, twenty-four (24) hour composite samples shall be used. A minimum of one (1) grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than twenty-four (24) hours. In addition, for discharges other than storm water discharges, the cabinet may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is not feasible and that the minimum of four (4) grab samples shall be a representative sample of the effluent being discharged. For storm water discharges, all samples shall be collected from the discharge resulting from a storm event that is greater than one-tenth (0.1) inch and at least seventy-two (72) hours from the previously measurable (greater than one-tenth (0.1) inch rainfall) storm event. If feasible, the variance in the duration of the event and the total rainfall of the event should not exceed fifty (50) percent from the average or median rainfall event in that area. For all applicants, a flow-weighted composite shall be taken for either the entire discharge or for the first three (3) hours of the discharge. The flow-weighted composite sample for a storm water discharge may be taken with a continuous sampler or as a combination of a minimum of three (3) sample aliquots taken in each hour of discharge for the entire discharge or for the first three (3) hours of the discharge, with each aliquot being separated by a minimum period of fifteen (15) minutes. Applicants submitting permit applications for storm water discharges under Section 12(3) of this administrative regulation may collect flow-weighted composite samples using different protocols with respect to the time duration between the collection of sample aliquots, subject to the approval of the cabinet. A minimum of one (1) grab sample may be taken for storm water discharges from holding ponds or other impoundments with a retention period greater than twenty-four (24) hours. For a flow-weighted composite sample, only one (1) analysis of the composite of aliquots is required. For storm water discharge samples taken from discharges associated with industrial activities, quantitative data shall be reported for the grab sample taken during the first thirty (30) minutes, or as soon thereafter as practicable, of the discharge for all pollutants specified in Section 12(2)(a) of this administrative regulation. For all storm water permit applicants taking flow-weighted composites, quantitative data shall be reported for all pollutants specified in Section 12 of this administrative regulation except pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus. The cabinet may allow or establish appropriate site-specific sampling procedures or requirements, including sampling locations, the season in which the sampling takes place, the minimum duration between the previous measurable storm event and the storm event sampled, the minimum or maximum level of precipitation required for an appropriate storm event, the form of precipitation sampled (snowmelt or rainfall), protocols for collecting samples under 40 CFR Part 136, and additional time for submitting data on a case-by-case basis. An applicant knows or has reason to know that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant. For example, any pesticide manufactured by a facility may be expected to be present in contaminated storm water runoff from the facility.

(b)1. Every applicant shall report quantitative data for every outfall for the following pollutants:

Biochemical oxygen demand (BOD)

Chemical oxygen demand

Total organic carbon

Total suspended solids

Ammonia, as N

Temperature both winter and summer

2. The cabinet may waive the reporting requirements for individual point sources or for a particular industry category for one (1) or more of the pollutants listed in subparagraph 1 of this paragraph if the applicant has demonstrated that a waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements.

(c) Each applicant with processes in one (1) or more of the following primary industry categories contributing to a discharge shall report quantitative data for the following pollutants in each outfall containing process wastewater:

1. Adhesives and sealants.

2. Aluminum forming.

3. Auto and other laundries.

4. Battery manufacturing.

5. Coal mining.

6. Coil coating.

7. Copper forming.

8. Electrical and electronic components.

9. Electroplating.

10. Explosives manufacturing.

11. Foundries.

12. Gum and wood chemicals.

13. Inorganic chemicals manufacturing.

14. Iron and steel manufacturing.

15. Leather tanning and finishing.

16. Mechanical products manufacturing.

17. Nonferrous metals manufacturing.

18. Ore mining.

19. Organic chemicals manufacturing.

20. Paint and ink formulation.

21. Pesticides.

22. Petroleum refining.

23. Pharmaceutical preparations.

24. Photographic equipment and supplies.

25. Plastics processing.

26. Plastic and synthetic materials manufacturing.

27. Porcelain enameling.

28. Printing and publishing.

29. Pulp and paper mills.

30. Rubber processing.

31. Soap and detergent manufacturing.

32. Steam electric power plants.

33. Textile mills.

34. Timber products processing.

(d) Analytical results for the organic toxic pollutants in the fractions designated in Section 8(1) of this administrative regulation for the applicant's industrial category or categories shall be provided unless the applicant qualifies as a small business under subsection (8) of this section. Section 8(2) of this administrative regulation lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure which uses gas chromatography and mass spectrometry. A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing shall not be conclusive as to the applicant's inclusion in that category for any other purposes.

(e) Analytical results for the pollutants listed in Section 8(3) of this administrative regulation (the toxic metals, cyanide, and total phenols) shall be provided.

(f)1. Each applicant shall indicate whether it knows or has reason to know that any of the pollutants in Section 8(4) of this administrative regulation (certain conventional and nonconventional pollutants) is discharged from each outfall. If an applicable effluent limitations guideline either directly limits the pollutant or, by its express terms, indirectly limits the pollutant through limitations on an indicator, the applicant shall report quantitative data. For every pollutant discharged which is not so limited in an effluent limitations guideline, the applicant shall either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.

2. Each applicant shall indicate whether it knows or has reason to know that any of the pollutants listed in Section 8(2) or (3) of this administrative regulation (the toxic pollutants and total phenols) for which quantitative data are not otherwise required under paragraph (b) of this subsection, is discharged from each outfall. For every pollutant expected to be discharged in concentrations of ten (10) ppb or greater the applicant shall report quantitative data. For acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, if any of these four (4) pollutants are expected to be discharged in concentrations of 100 ppb or greater the applicant shall report quantitative data. For every pollutant expected to be discharged in concentrations less than ten (10) ppb, or in the case of acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, in concentrations less than 100 ppb, the applicant shall either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. An applicant qualifying as a small business under subsection (8) of this section shall not be required to analyze for pollutants listed in Section 8(2) of this administrative regulation (the organic toxic pollutants).

(g) Each applicant shall indicate whether it knows or has reason to know that any of the pollutants in Section 8(5) of this administrative regulation (certain hazardous substances and asbestos) are discharged from each outfall. For every pollutant expected to be discharged, the applicant shall briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for any pollutant.

(h) Each applicant shall report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:

1. Uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or

2. Knows or has reason to know that TCDD is or may be present in an effluent.

(8) Small business exemption. An applicant which qualifies as a small business under one (1) of the following criteria shall be exempt from the requirements in subsection (7)(b)1 or (c)1 of this section to submit quantitative data for the pollutants listed in Section 8(2) of this administrative regulation (the organic toxic pollutants):

(a) For coal mines, a probable total annual production of less than 100,000 tons per year.

(b) For all other applicants, gross total annual sales averaging less than $100,000 per year (in second quarter 1980 dollars).

(9) Used or manufactured toxics. A listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate or final product or byproduct shall be provided. The cabinet may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant and the cabinet has adequate information to issue the permit.

(10) Biological toxicity tests. An identification of any biological toxicity tests which the applicant knows or has reason to know have been made within the last three (3) years on any of the applicant's discharges or on a receiving water in relation to a discharge shall be provided.

(11) Contract analyses. If a contract laboratory or consulting firm performed any of the analyses required by subsection (7) of this section, the identity of each laboratory or firm and the analyses performed shall be provided.

(12) Additional information. In addition to the information reported on the application form, applicants shall provide to the cabinet, at its request, other information as the cabinet may reasonably require to assess the discharges of the facility and to determine whether to issue a KPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.

Section 3. Application Requirements for Manufacturing, Commercial, Mining and Silvicultural Facilities which Discharge Only Nonprocess Wastewater. Except for storm water discharges, all manufacturing, commercial, mining and silvicultural dischargers applying for KPDES permits which discharge only nonprocess wastewater not regulated by an effluent limitations guideline or new source performance standard shall provide the following information to the cabinet, using application forms provided by the cabinet:

(1) Outfall location. Outfall number, latitude and longitude to the nearest fifteen (15) seconds, and the name of the receiving water.

(2) Discharge date for new dischargers. Date of expected commencement of discharge.

(3) Type of waste. An identification of the general type of waste discharged, or expected to be discharged upon commencement of operations, including sanitary wastes, restaurant or cafeteria wastes, or noncontact cooling water. An identification of cooling water additives, if any, that are used or expected to be used upon commencement of operations, along with their composition if existing composition is available.

(4) Effluent characteristics.

(a) The applicant shall provide quantitative data for the pollutants or parameters listed in subparagraphs 1 through 11 of this paragraph, unless testing is waived by the cabinet. The quantitative data may be data collected over the past 365 days, if they remain representative of current operations, and shall include maximum daily value, average daily value, and number of measurements taken. The applicant shall collect and analyze samples in accordance with 40 CFR Part 136. Grab samples shall be used for pH, temperature, oil and grease, total residual chlorine, and fecal coliform. For all other pollutants, twenty-four (24) hour composite samples shall be used. New dischargers shall include estimates for the pollutants or parameters listed in subparagraphs 1 through 11 of this paragraph instead of actual sampling data, along with the source of each estimate. All levels shall be reported or estimated as concentration and as total mass, except for flow, pH, and temperature.

1. Biochemical oxygen demand (BOD).

2. Total suspended solids (TSS).

3. Fecal coliform, if known to be present or if sanitary waste is or will be discharged.

4. Total residual chlorine, if chlorine is used.

5. Oil and grease.

6. Chemical oxygen demand (COD), if noncontact cooling water is or will be discharged.

7. Total organic carbon (TOC), if noncontact cooling water is or will be discharged.

8. Ammonia, as N.

9. Discharge Flow.

10. pH.

11. Temperature, winter and summer.

(b) The cabinet may waive the testing and reporting requirements for any of the pollutants or flow listed in paragraph (a) of this subsection if the applicant submits a request for a waiver before or with the application which demonstrates that information adequate to support issuance of a permit can be obtained through less stringent requirements.

(c) The requirements of paragraph (a) of this subsection that an applicant shall provide quantitative data or estimates of certain pollutants shall not apply to pollutants present in a discharge solely as a result of their presence in intake water. An applicant shall report these pollutants as present. Net credit may be provided for the presence of pollutants in intake water if the requirements of 401 KAR 5:065, Section 3(7) are met.

(5) Flow. A description of the frequency of flow and duration of any seasonal or intermittent discharge, except for storm water runoff, leaks, or spills.

(6) Treatment system. A brief description of any system used or to be used.

(7) Optional information. Any additional information the applicant wishes to be considered, such as influent data for the purpose of obtaining net credits pursuant to 401 KAR 5:065, Section 3(7).

(8) Certification. Signature of certifying official under Section 9 of this administrative regulation.

Section 4. Application Requirements for Concentrated Animal Feeding Operations and Aquatic Animal Production Facilities. Concentrated animal feeding operations and concentrated aquatic animal production facilities shall provide the following information to the cabinet, using the applicable application form provided by the cabinet:

(1) For concentrated animal feeding operations:

(a) The type and number of animals in open confinement and housed under roof.

(b) The number of acres used for confinement feeding.

(c) The design basis for the runoff diversion and control system, if one (1) exists, including the number of acres of contributing drainage, the storage capacity, and the design safety factor.

(2) For concentrated aquatic animal production facilities:

(a) The maximum daily and average monthly flow from each outfall.

(b) The number of ponds, raceways, and similar structures.

(d) For each species of aquatic animals, the total yearly and maximum harvestable weight.

(e) The calendar month of maximum feeding and the total mass of food fed during that month.

Section 5. Application Requirements for New and Existing POTWs. All POTWs shall provide, at a minimum, the information in this section to the cabinet, using KPDES Form A provided by the cabinet. Permit applicants shall submit all information available at the time of permit application. The information may be provided by referencing information previously submitted to the cabinet. The cabinet may waive any requirement of this paragraph if it has access to substantially identical information. The cabinet may also waive any requirement of this paragraph that is not of material concern for a specific permit, if approved by the regional administrator. The waiver request to the regional administrator shall include the cabinet's justification for the waiver. A regional administrator's disapproval of the cabinet's proposed waiver shall not constitute final agency action, except it shall provide notice to the cabinet and permit applicant(s) that EPA may object to any cabinet-issued permit issued in the absence of the required information.

(1) Basic application information. All applicants shall provide the following information:

(a) Facility information. Name, mailing address, and location of the facility for which the application is submitted;

(b) Applicant information. Name, mailing address, and telephone number of the applicant, and an indication as to whether the applicant is the facility's owner, operator, or both;

(c) Existing environmental permits. Identification of all environmental permits or construction approvals received or applied for (including dates) under any of the following programs:

1. Hazardous Waste Management program under the Resource Conservation and Recovery Act (RCRA), Subpart C, 42 USC 6901 et seq.;

2. Underground Injection Control program under the Safe Drinking Water Act (SDWA), 42 USC 300(h) et seq.;

3. KPDES program pursuant to KRS Chapter 224;

4. Prevention of Significant Deterioration (PSD) program under the Clean Air Act, 42. USC 7470 to 7492;

5. Nonattainment program under the Clean Air Act, 42 USC 7501 to 7515;

6. National Emission Standards for Hazardous Air Pollutants (NESHAPS) preconstruction approval under the Clean Air Act, 42. USC 7412;

7. Ocean dumping permits under the Marine Protection Research and Sanctuaries Act, 33 USC 1401 et seq.;

8. Dredge or fill permits under section 404 of the CWA, 33 USC 1344; and

9. Other relevant environmental permits;

(d) Population. The name and population of each municipal entity served by the facility, including unincorporated connector districts. Whether each municipal entity owns or maintains the collection system and whether the collection system is separate sanitary or combined storm and sanitary, if known, shall be indicated;

(e) Flow rate. The facility's design flow rate (the wastewater flow rate the plant was built to handle), annual average daily flow rate, and maximum daily flow rate for each of the previous three (3) years;

(f) Collection system. Identification of types of collection systems used by the treatment works (i.e., separate sanitary sewers or combined storm and sanitary sewers) and an estimate of the percent of sewer line that each type comprises; and

(g) Outfalls and other discharge or disposal methods. The following information for outfalls to waters of the Commonwealth and other discharge or disposal methods:

1. For effluent discharges to waters of the Commonwealth, the total number and types of outfalls (e.g., treated effluent, combined sewer overflows, bypasses, constructed emergency overflows);

2. For wastewater discharged to surface impoundments:

a. The location of each surface impoundment;

b. The average daily volume discharged to each surface impoundment; and

c. Whether the discharge is continuous or intermittent;

3. For wastewater applied to the land:

a. The location of each land application site;

b. The size of each land application site, in acres;

c. The average daily volume applied to each land application site, in gallons per day; and

d. Whether land application is continuous or intermittent;

4. For effluent sent to another facility for treatment prior to discharge:

a. The means by which the effluent is transported;

b. The name, mailing address, contact person, and phone number of the organization transporting the discharge, if the transport is provided by a party other than the applicant;

c. The name, mailing address, contact person, phone number, and KPDES permit number, if any, of the receiving facility; and

d. The average daily flow rate from this facility into the receiving facility, in millions of gallons per day; and

5. For wastewater disposed of in a manner not included in subparagraphs 1 through 4 of this paragraph (e.g., underground percolation, underground injection):

a. A description of the disposal method, including the location and size of each disposal site, if applicable;

b. The annual average daily volume disposed of by this method, in gallons per day; and

c. Whether disposal through this method is continuous or intermittent;

(2) Additional Information. All applicants with a design flow greater than or equal to one-tenth (0.1) mgd shall provide the following information:

(a) Inflow and infiltration. The current average daily volume of inflow and infiltration, in gallons per day, and steps the facility is taking to minimize inflow and infiltration;

(b) Topographic map. A topographic map, or other map if a topographic map is unavailable, extending at least one (1) mile beyond property boundaries of the treatment plant, including all unit processes and showing:

1. Treatment plant area and unit processes;

2. The major pipes or other structures through which wastewater enters the treatment plant and the pipes or other structures through which treated wastewater is discharged from the treatment plant. Outfalls from bypass piping, if applicable, shall be included;

3. Each well where fluids from the treatment plant are injected underground;

4. Wells, springs, and other surface water bodies listed in public records or otherwise known to the applicant within one-quarter (1/4) mile of the property boundaries of the treatment plant;

5. Sewage sludge management facilities including on-site treatment, storage, and disposal sites; and

6. Location at which waste classified as hazardous under RCRA enters the treatment plant by truck, rail, or dedicated pipe;

1. A diagram showing the processes of the treatment plant, including all bypass piping and all backup power sources or redundancy in the system. This shall include a water balance showing all treatment units, including disinfection, and showing daily average flow rates at influent and discharge points, and approximate daily flow rates between treatment units; and

2. A narrative description of the diagram; and

(d) Scheduled improvements, schedules of implementation. The following information regarding scheduled improvements:

1. The outfall number of each outfall affected;

2. A narrative description of each required improvement;

3. Scheduled or actual dates of completion for the following:

a. Commencement of construction;

b. Completion of construction;

c. Commencement of discharge; and

d. Attainment of operational level;

4. A description of permits and clearances concerning other federal and state requirements;

(3) Information on effluent discharges. Each applicant shall provide the following information for each outfall, including bypass points, through which effluent is discharged, as applicable:

(a) Description of outfall. The following information about each outfall:

1. Outfall number;

2. State, county, and city or town in which outfall is located;

3. Latitude and longitude, to the nearest second;

4. Distance from shore and depth below surface;

5. Daily flow rate, in million gallons per day;

6. The following information for each outfall with a seasonal or periodic discharge:

a. Number of times per year the discharge occurs;

b. Duration of each discharge;

c. Flow of each discharge;

d. Months in which discharge occurs; and

7. Whether the outfall is equipped with a diffuser and the type (e.g., high-rate) of diffuser used;

(b) Description of receiving waters. The following information, if known, for each outfall through which effluent is discharged to waters of the Commonwealth:

1. Name of receiving water;

2. Name of watershed or river or stream system and the United States Soil Conservation Service fourteen (14) digit watershed code;

3. Name of the State Management River Basin and United States Geological Survey eight (8) digit hydrologic cataloging unit code; and

4. Critical flow of receiving stream and total hardness of receiving stream at critical low flow (if applicable);

(c) Description of treatment. The following information describing the treatment provided for discharges from each outfall to waters of the Commonwealth:

1. The highest level of treatment (e.g., primary, equivalent to secondary, secondary, advanced, other) that is provided for the discharge for each outfall and:

a. Design biochemical oxygen demand (BOD5 or CBOD5) removal percent;

b. Design suspended solids (SS) removal percent; and, if applicable,

c. Design phosphorus (P) removal percent;

d. Design nitrogen (N) removal percent; and

e. Any other removals that an advanced treatment system is designed to achieve.

2. A description of the type of disinfection used, and whether the treatment plant dechlorinates if disinfection is accomplished through chlorination;

(4) Effluent monitoring for specific parameters.

(a) As provided in paragraphs (b) through (j) of this subsection, all applicants shall submit to the cabinet effluent monitoring information for samples taken from each outfall through which effluent is discharged to waters of the Commonwealth, except for CSOs. The cabinet may allow applicants to submit sampling data for only one (1) outfall on a case-by-case basis, if the applicant has two or more outfalls with substantially identical effluent. The cabinet may also allow applicants to composite samples from one (1) or more outfalls that discharge into the same mixing zone;

(b) All applicants shall sample and analyze for the pollutants listed in Table VI in Section 8(6) of this administrative regulation;

(c) All applicants with a design flow greater than or equal to one-tenth (0.1) of one (1) mgd shall sample and analyze for the pollutants listed in Table VII in Section 8(7) of this administrative regulation. Facilities that do not use chlorine for disinfection, do not use chlorine elsewhere in the treatment process, and have no reasonable potential to discharge chlorine in their effluent may delete chlorine from Table VII;

(d) The following applicants shall sample and analyze for the pollutants listed in Table VIII in Section 8(8) of this administrative regulation, and for any other pollutants for which the cabinet or EPA have established water quality standards applicable to the receiving waters:

1. All POTWs with a design flow rate equal to or greater than 1,000,000 gallons per day;

2. All POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program;

3. Other POTWs, as required by the cabinet;

(e) The cabinet may require sampling for additional pollutants, as appropriate, on a case-by-case basis;

(f) Applicants shall provide data from a minimum of three (3) samples taken within four and one-half (4 1/2) years prior to the date of the permit application. Samples shall be representative of the seasonal variation in the discharge from each outfall. Existing data may be used, if available, in lieu of sampling done solely for the purpose of this application. The cabinet shall require additional samples, as appropriate, on a case-by-case basis;

(g) All existing data for pollutants specified in paragraphs (b) through (e) of this subsection that is collected within four and one-half (4 1/2) years of the application shall be included in the pollutant data summary submitted by the applicant. If the applicant samples for a specific pollutant on a monthly or more frequent basis, it shall only be necessary to summarize all data collected within one (1) year of the application for the pollutant;

(h) Applicants shall collect samples of effluent and analyze the samples for pollutants in accordance with analytical methods approved under 40 CFR Part 136 unless an alternative is specified in the existing KPDES permit. Grab samples shall be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, and fecal coliform. For all other pollutants, twenty-four (24) hour composite samples shall be used. For a composite sample, only one (1) analysis of the composite of aliquots shall be required;

(i) The effluent monitoring data provided shall include at least the following information for each parameter:

1. Maximum daily discharge, expressed as concentration or mass, based upon actual sample values;

2. Average daily discharge for all samples, expressed as concentration or mass, and the number of samples used to obtain this value;

3. The analytical method used; and

4. The threshold level (i.e., method detection limit, minimum level, or other designated method endpoints) for the analytical method used.

(j) Unless otherwise required by the cabinet, metals shall be reported as total recoverable;

(5) Effluent monitoring for whole effluent toxicity.

(a) All applicants shall provide an identification of any whole effluent toxicity tests conducted during the four and one-half (4 1/2) years prior to the date of the application on any of the applicant's discharges or on any receiving water near the discharge;

(b) As provided in paragraphs (c) through (i) of this subsection, the following applicants shall submit to the cabinet the results of valid whole effluent toxicity tests for acute or chronic toxicity for samples taken from each outfall through which effluent is discharged to surface waters, except for combined sewer overflows:

1. All POTWs with design flow rates greater than or equal to 1,000,000 gallons per day;

2. All POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program;

3. Other POTWs, as required by the cabinet, based on consideration of the following factors:

a. The variability of the pollutants or pollutant parameters in the POTW effluent based on chemical-specific information, the type of treatment plant, and types of industrial contributors;

b. The ratio of effluent flow to receiving stream flow;

c. Existing controls on point or nonpoint sources, including total maximum daily load calculations for the receiving stream segment and the relative contribution of the POTW;

d. Receiving stream characteristics, including possible or known water quality impairment, and whether the POTW discharges to a water designated as an outstanding state resource water; or

e. Other considerations, including but not limited to the history of toxic impacts and compliance problems at the POTW, that the cabinet determines could cause or contribute to adverse water quality impacts;

(c) If the POTW has two (2) or more outfalls with substantially identical effluent discharging to the same receiving stream segment, the cabinet may allow applicants to submit whole effluent toxicity data for only one (1) outfall on a case-by-case basis. The cabinet may also allow applicants to composite samples from one (1) or more outfalls that discharge into the same mixing zone;

(d) Each applicant required to perform whole effluent toxicity testing pursuant to paragraph (b) of this subsection shall provide:

1. Results of a minimum of four (4) quarterly tests for a year, from the year preceding the permit application; or

2. Results from four (4) tests performed at least annually in the four and one-half (4 1/2) year period prior to the application, if the results show no appreciable toxicity using a safety factor determined by the cabinet;

(e) Applicants shall conduct tests with no less than two (2) species of fish, invertebrates, plants, etc., and shall test for acute or chronic toxicity, depending on the range of receiving water dilution. The applicant shall conduct acute or chronic testing based on the following dilutions:

1. Acute toxicity testing if the dilution of the effluent is greater than 1000:1 at the edge of the mixing zone;

2. Acute or chronic toxicity testing if the dilution of the effluent is between 100:1 and 1000:1 at the edge of the mixing zone. Acute testing may be more appropriate at the higher end of this range (1000:1), and chronic testing may be more appropriate at the lower end of this range (100:1); and

3. Chronic testing if the dilution of the effluent is less than 100:1 at the edge of the mixing zone;

(f) Each applicant required to perform whole effluent toxicity testing pursuant to paragraph (b) of this subsection shall provide the number of chronic or acute whole effluent toxicity tests that have been conducted since the last permit reissuance;

(g) Applicants shall provide the results using the form provided by the cabinet, or test summaries if available and comprehensive, for each whole effluent toxicity test conducted pursuant to paragraph (b) of this subsection for which such information has not been reported previously to the cabinet;

(h) Whole effluent toxicity testing conducted pursuant to paragraph (b) of this subsection shall be conducted using methods approved under 40 CFR part 136;

(i) For whole effluent toxicity data submitted to the cabinet within four and one-half (4 1/2) years prior to the date of the application, applicants shall provide the dates on which the data were submitted and a summary of the results; and

(j) Each POTW required to perform whole effluent toxicity testing pursuant to paragraph (b) of this subsection shall provide any information on the cause of toxicity and written details of any toxicity reduction evaluation conducted, if any whole effluent toxicity test conducted within the past four and one-half (4 1/2) years revealed toxicity;

(6) Industrial discharges. Applicants shall submit the following information about industrial discharges to the POTW:

(a) Number of significant industrial users (SIUs) and categorical industrial users (CIUs) discharging to the POTW; and

(b) POTWs with one (1) or more SIUs shall provide the following information for each SIU, as defined at 401 KAR 5:002, Section 1, that discharges to the POTW:

1. Name and mailing address;

2. Description of all industrial processes that affect or contribute to the SIU discharge;

3. Principal products and raw materials of the SIU that affect or contribute to the SIU discharge;

4. Average daily volume of wastewater discharged, indicating the amount attributable to process flow and nonprocess flow;

5. Whether the SIU is subject to local limits;

6. Whether the SIU is subject to categorical standards, and if so, under which categories and subcategories; and

7. Whether any problems at the POTW (e.g., upsets, pass through, interference) have been attributed to the SIU in the past four and one-half (4 1/2) years.

(c) The information required in paragraphs (a) and (b) of this subsection may be waived by the cabinet for POTWs with pretreatment programs if the applicant has submitted either of the following that contain information substantially identical to that required in paragraphs (a) and (b) of this subsection.

1. An annual report submitted within one (1) year of the application; or

2. A pretreatment program;

(d) POTWs with approved pretreatment programs shall provide a written technical evaluation of the need to revise local limits in accordance with 401 KAR 5:057;

(7) Discharges from hazardous waste generators and from waste cleanup or remediation sites. POTWs receiving Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et seq., Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USC 6901 et seq., or RCRA Corrective Action wastes or wastes generated at another type of cleanup or remediation site shall provide the following information:

(a) If the POTW receives, or has been notified that it will receive, by truck, rail, or dedicated pipe any wastes that are regulated as RCRA hazardous wastes pursuant to 40 CFR part 261, the applicant shall report the following:

1. The method by which the waste is received; and

2. The hazardous waste number and amount received annually of each hazardous waste;

(b) If the POTW receives, or has been notified that it will receive, wastewaters that originate from remedial activities, including those undertaken pursuant to CERCLA and sections 3004(u) or 3008(h) of RCRA, 42 USC 6924(u) and 6928(h), the applicant shall report the following:

1. The identity and description of the sites or facilities at which the wastewater originates;

2. The identities of the wastewater's hazardous constituents, if known; and

3. The extent of treatment, if any, the wastewater receives or will receive before entering the POTW; and

(c) Applicants shall be exempt from the requirements of paragraphs (a) and (b) of this subsection if they receive no more than fifteen (15) kilograms per month of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e);

(8) Combined sewer overflows (CSO). Each applicant with combined sewer systems shall provide the following information:

(a) Combined sewer system information. The following information regarding the combined sewer system:

1. System map. A map indicating the location of the following:

a. All CSO discharge points;

b. Sensitive use areas potentially affected by CSOs (e.g., beaches, drinking water supplies, shellfish beds, sensitive aquatic ecosystems, and outstanding state resource waters); and

c. Waters supporting threatened and endangered species potentially affected by CSOs; and

2. System diagram. A diagram of the combined sewer collection system that includes the following information:

a. The location of major sewer trunk lines, both combined and separate sanitary;

b. The locations of points where separate sanitary sewers feed into the combined sewer system;

c. In-line and off-line storage structures;

d. The locations of flow-regulating devices; and

e. The locations of pump stations.

(b) Information on CSO outfalls. The following information for each CSO discharge point covered by the permit application:

1. Description of outfall. The following information on each outfall:

a. Outfall number;

b. State, county, and city or town in which outfall is located;

c. Latitude and longitude, to the nearest second; and

d. Distance from shore and depth below surface;

e. Whether the applicant monitored any of the following in the past year for this CSO:

(i) Rainfall;

(ii) CSO flow volume;

(iii) CSO pollutant concentrations;

(iv) Receiving water quality; or

(v) CSO frequency; and

f. The number of storm events monitored in the past year;

2. CSO events. The following information about CSO overflows from each outfall:

a. The number of events in the past year;

b. The average duration per event, if available;

c. The average volume per CSO event, if available; and

d. The minimum rainfall that caused a CSO event, if available, in the last year;

3. Description of receiving waters. The following information about receiving waters:

a. Name of receiving water;

b. Name of watershed or stream system and the United States Soil Conservation Service watershed 14-digit code if known; and

c. Name of State Management River Basin and the United States Geological Survey hydrologic cataloging unit eight (8) digit code if known; and

4. CSO operations. A description of any known water quality impacts on the receiving water caused by the CSO including permanent or intermittent beach closings, permanent or intermittent shellfish bed closings, fish kills, fish advisories, other recreational loss, or exceedance of any applicable water quality standard;

(9) Contractors. All applicants shall provide the name, mailing address, telephone number, and responsibilities of all contractors responsible for any operational or maintenance aspects of the facility; and

(10) Signature. All applications shall be signed by a certifying official in compliance with Section 9 of this regulation.

Section 6. Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this administrative regulation for a period of at least three (3) years from the date the application is signed.

Section 7. Service of Process. Every applicant and permittee shall provide the cabinet an address for receipt of any legal document for service of process. The last address provided to the cabinet pursuant to this provision shall be the address at which the cabinet may tender any legal notice including but not limited to service of process in connection with any enforcement action.

Section 8. KPDES Application Testing Requirements. (1) Table I - Gas Chromatography/Mass Spectroscopy (GC-MS) Fractions per Industrial Category.

Industrial category	GC-MS Fraction*
Industrial category	Volatile	Acid	Neutral	Pesticide
Adhesives & sealants	(1)	(1)	(1)
Aluminum forming	(1)	(1)	(1)
Auto & other laundries	(1)	(1)	(1)	(1)
Battery manufacturing	(1)		(1)
Coal mining	(1)	(1)	(1)	(1)
Coil Coating	(1)	(1)	(1)
Copper forming	(1)	(1)