Kentucky Wastewater Variances regulations & environmental compliance analysis

Kentucky Wastewater Variances: What you need to know

Governing Law and Regulations

Kentucky Pollution Discharge Elimination System (KPDES) variance requests: 401 Kentucky Administrative Regulations (KAR) 5:055, Section 6

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Non-publicly owned treatment works (POTWs): 401 KAR 5:055, Section 6(1)

Technology-based treatment variances: 401 KAR 5:055, Section 10

Regulatory Agencies

Kentucky Energy and Environment Cabinet Department for Environmental Protection (DEP) Division of Water

U.S. Department of Environmental Protection (EPA) Region 4

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky's regulations provide for several types of variances from the state's effluent limitations and pretreatment standards that follow the federal variance requirements. See the national section WASTEWATER VARIANCES for more information about the federal requirements.

The state has also been granted authority from EPA to administer the National Pollutant Discharge Elimination System (NPDES) permit program. Kentucky's state equivalent to the NPDES permit program is the KPDES permit program, which contains provisions for variances related to wastewater discharges. For more information about the KPDES permit program in Kentucky, see the state section NPDES PERMIT.

Administration and enforcement. DEP's Division of Water administers and enforces the state's water quality program and makes variance determinations.

State Requirements


401 KAR 5:055, Section 6

Kentucky provides for modifications of its wastewater discharge standards under certain circumstances. Facilities discharging wastewater may request modifications or variances from general ...

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