UNOFFICIAL COPY 23 RS BR 283
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AN ACT relating to water pollution control. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 224.16-080 is amended to read as follows: 3
(1) In accordance with the water quality standards established in 401 KAR 10:029 in 4
effect on March 24, 2021, which were[have been] submitted to and deemed 5
approved by the United States Environmental Protection Agency pursuant to its 6
2018 triennial review of Kentucky's water quality standards under 33 U.S.C. sec. 7
1313(c), any mixing zone for a bioaccumulative chemical[chemicals] of concern 8
assigned by the cabinet on or before September 8, 2004, shall be in effect from that 9
date unless and until explicitly changed or extinguished by the cabinet after March 10
24, 2021. Any Kentucky Pollutant Discharge Elimination System permittee who 11
seeks to rely on a mixing zone for a bioaccumulative chemical of concern 12
assigned by the cabinet on or before September 8, 2004, shall include information 13
identifying the mixing zone in any application for the modification or renewal of 14
the relevant Kentucky Pollutant Discharge Elimination System permit. 15
(2) Any change or extinguishment in mixing zone assignments for bioaccumulative 16
chemicals of concern by the cabinet pursuant to subsection (1) of this section shall 17
only be accomplished through a formal Kentucky Pollutant Discharge 18
Elimination System permitting action by the cabinet, including public notice and 19
opportunity for comment, conducted pursuant to[the promulgation of] 20
administrative regulations promulgated in accordance with[pursuant to] KRS 21
Chapter 13A. 22
Section 2. KRS 224.16-090 is amended to read as follows: 23
(1) As used in this section, "rapid and complete mixing" means the limited area 24
surrounding or downstream from a wastewater discharge location where complete 25
mixing of treated wastewater and receiving water occurs rapidly[, including] 26
through the use of a submerged high-rate multi-port[ diffuser or] outfall structure. 27 UNOFFICIAL COPY 23 RS BR 283
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(2) If a permit applicant specifically requests in an application for the issuance, 1
modification, or renewal of a Kentucky Pollutant Discharge Elimination System 2
permit that the cabinet take into account rapid and complete mixing occurring at 3
one (1) or more of its wastewater outfalls, the cabinet shall apply rapid and 4
complete mixing in establishing water quality-based effluent[permit] limitations 5
and conditions for any discharge regulated under the[a] Kentucky Pollutant 6
Discharge Elimination System permit if[where] the discharge occurs through a 7
submerged high-rate multi-port[ diffuser or] outfall structure. 8