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Last Modified:  8/22/2008
Administrative Regulations

The Kentucky Division of Water (DOW) administrative regulations are contained in Title 401 Chapters 4, 5, 6, 8, 9 and 10 of the Kentucky Administrative Regulations (KAR).

All state regulations are available at the Legislative Research Commission (LRC) regulation Web site. The regulations contained on the LRC Web site are not official versions. The official versions are contained in the Kentucky Administrative Regulations Service and in the monthly Administrative Register of Kentucky. For information on how to subscribe to these publications, please contact the LRC at 502-564-8100, ext 564.

Status of Division of Water Administrative Regulations

Triennial Review Regulations

The following regulations were filed on June 12, 2008:

The public comment period for the Triennial Review regulations closed on July 31, 2008. The public hearing was held July 23, 2008.  DOW will complete a statement of consideration (SOC) and amend the regulations in response to comments. The SOC and amended regulations will be filed with LRC by Sept. 15, 2008

Water Quality Certification Regulations

The following regulations were filed on March 3, 2008:

  • 401 KAR 9:010E Section 401 Individual Water Quality Certification public notice
  • 401 KAR 9:010 Section 401 Individual Water Quality Certification public notice
  • 401 KAR 9:020 Section 401 Water Quality Certification fees

The public comment period for 9:010 and 9:020 closed on April 30, 2008. In response to comments, DOW filed the following documents with LRC on June 13, 2008: 

Groundwater Regulations

The groundwater regulations were filed on May 8, 2008. The public comment period for the groundwater regulations closed on June 30, 2008. The SOC and AAC were filed with LRC on Aug. 14, 2008. The full text of the SOC and AAC regulations are below:

Groundwater Regulations
Amended After Comments Title Statement of Consideration

401 KAR 6:001

Definitions for Chapter 6

6:001 SOC

401 KAR 6:310

Water supply well construction practices and standards

6:310 SOC

401 KAR 6:320

Certification of water well drillers

6:320 SOC

401 KAR 6:350

Monitoring well construction practices and standards

6:350 SOC

The regulation package is expected to appear on the agenda for the Administrative Regulation Review Subcommittee on Sept. 9, 2008.

KPDES Regulation Package One

The following regulations were filed on July 14, 2008:

The public comment period for the KPDES regulations will close on Sept. 2, 2008. The public hearing is scheduled for Aug. 21, 2008. 

Regulation Promulgation Process

Promulgation is the formal process of putting an administrative regulation into effect. The document below, prepared by DOW, is an informal interpretation of the process for promulgating administrative regulations, as governed by KRS Chapter 13A. It is not a complete legal interpretation of the statute. KRS Chapter 13A is available through the Web site of the LRC. Please see the explanation of the LRC Web site at the top of this page.

Regulation Promulgation Process

DEP Division of Water
14 Reilly Road
Frankfort, KY 40601
Phone: 502-564-3410
Fax: 502-564-0111
E-mail: water@ky.gov