401 KAR 5:052. Requirements applicable to cooling water intake structures for facilities regulated by Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b)

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Kentucky Administrative Regulations › Title 401 (Energy and Environment Cabinet - Department for Environmental Protection) › Chapter 005 › 401 KAR 5:052

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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Section 1. Â (1) Except as established in Sections 2 and 3 of this administrative regulation, requirements for new facilities pursuant to Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), shall be as established in 40 C.F.R. 125.80 through 125.89. (2) Except as established in Sections 2 and 3 of this administrative regulation, requirements for existing facilities pursuant to Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), shall be as established in 40 C.F.R. 125.90 through 125.98. Section 2. Political subdivisions and interstate agencies may adopt or enforce requirements that are more stringent than this administrative regulation. Section 3. Substitutions. The following terms shall be substituted in the federal regulations cited in this administrative regulation: (1) "Waters of the Commonwealth" shall replace "waters of the United States"; and (2) "Cabinet" shall replace "Director".

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