Kentucky Water Laws and Regulations
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:45 pm
Lunch (On your own): 12:45 – 1:45 pm
Afternoon Session: 1:45 – 4:30 pm
Overview of Water Laws in Kentucky
W. B. Early, III
Water quality and water quantity
Development of the common law of water rights and water quality
Agriculture Water Quality Act
Clean Water Act
Safe Drinking Water Act
Waters of the United States
W. T. Gorton, III
Section 404 permitting
Jurisdiction of the Clean Water Act
Court decisions
Regulatory definitions
Recent developments
Industrial Pretreatment of Wastewater
J. Cave
Relationship to Section 402 Permits
Source of pretreatment requirements
Compliance issues
Enforcement
Special considerations
Water Utility Regulation
R. Moore
Types of water utilities
Regulation of utility service
Current issues in utility service area regulation
Municipal Stormwater Compliance
S. Southall
Defining municipal separate storm sewer systems
Requirements based on city size
Available permits
Minimum control measures
Compliance and enforcement
Credits
Attorneys
6.5 Kentucky CLE Hours
6.5 Indiana CLE Hours
6.5 Ohio CLE Hours
Professional Engineers
6.5 HSW CPE Hours/PDHs
Floodplain Managers
6.5 ASFPM CECs
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 approved CLE hours to Kentucky, Indiana, and Ohio attorneys.
This course offers 6.5 HSW continuing professional education hours to professional engineers in Kentucky. Educators and courses are not subject to preapproval in Kentucky.
The Association of State Floodplain Managers has approved this course for 6.5 CECs.
Attendance will be monitored and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Jennifer Cave
Stites & Harbison, PLLCAttorney with Stites & Harbison’s Environmental, Natural Resources & Energy Service Group
Ms. Cave works closely with businesses to ensure compliance with state and federal environmental laws and regulations. Her experience includes assisting and advising clients on the Clean Air Act and state air pollution laws as well as applying for, negotiating the terms of, and complying with air permits, including Title V and Prevention of Significant Deterioration (PSD) permits, NPDES wastewater permits, and solid waste landfill permits. She has significant experience defending clients in administrative and civil enforcement actions and citizen suit litigation. Ms. Cave also counsels domestic and international manufacturers on the importation and sale of mobile sources, including non-road engines, vehicles and equipment under the Clean Air Act. Ms. Cave is admitted to practice in Kentucky and Washington.
W. Early
Stites & Harbison, PLLCAttorney with Stites & Harbison
Mr. Early’s work with industry includes advice on compliance, permitting, transactions, response to enforcement actions, participation in regulatory development, and related administrative and civil litigation. He has extensive experience with matters involving the Clean Water Act, Safe Drinking Water Act, CERCLA, RCRA, mining and reclamation, sustainability, and agriculture. He is former chair of the American Bar Association’s Water Quality and Wetlands Committee of the Section of Environment, Energy & Resources, and he is a past chair of the Kentucky Bar Association’s Environmental Section. Before law, Mr. Early was a professor of Biology and chair of the Biology Department at Cumberland College in Williamsburg, Kentucky. He earned a Ph.D. degree in Biology from the University of Louisville, and a J.D. degree from the University of Kentucky.
William Gorton
Stites & Harbison’s Environmental, Natural Resources & Energy Service GroupChair of Stites & Harbison’s Environmental, Natural Resources & Energy Service Group
Mr. Gorton is national counsel to numerous clients on natural resource, environmental regulatory and land and water resources matters. He has been counsel in the development of more than 10 power plants. He has been lead counsel to numerous surety companies regarding over $4 billion in financial guarantees on bankrupt and/or defaulting mining operations, hazardous waste facilities and solid waste disposal facilities throughout the United States. Mr. Gorton has been primary environmental counsel in the development of interstate pipeline associated with major natural gas resource development. He also counsels on large natural resource, energy, waste industry, business and corporate transactions. He also works on project development, assessing and addressing environmental regulatory issues and working to accomplish clients’ goals. Mr. Gorton is admitted to practice in Kentucky and Pennsylvania.
Rob Moore
Attorney with Stites & Harbison
Mr. Moore is an attorney in the Stites & Harbison’s Frankfort office where he focuses his practice in the areas of civil litigation and appeals, business, utility, environmental, OSHA, administrative law, municipal law and estate planning. Mr. Moore has represented numerous local and national clients in complex administrative matters, including environmental and OSHA matters. He has served as the City Attorney for Frankfort, Kentucky’s Capital City, since 2004. In serving in this capacity, Mr. Moore has represented the City with respect to litigation, employment issues, tax issues, environmental issues, and many other matters. He has also represented many clients in complex civil litigation, including representing national interstate pipeline companies in federal and state courts in toxic tort litigation, cases resulting from pipeline ruptures and in condemnation cases. Mr. Moore has also represented clients in litigation with the Kentucky Attorney General’s Office. He is admitted to practice in Kentucky and California.
Scott Southall, RLA, LEED AP BD+C, ASLA, AICP
Principal at Earthcycle DesignMr. Southall, RLA, LEED AP BD+C, ASLA, AICP, is a principal with Earthcycle Design, LLC, a landscape architecture, urban planning and community resilience design firm, based in Lexington, KY. He is a Professional Landscape Architect in Kentucky and Ohio, a LEED Accredited Professional BD+C with the US Green Building Council (USGBC), and a Certified Planner with the American Planning Association. Mr. Southall has over 25 years of professional experience in planning, design and project management. He has applied his sustainability design experience on a multitude of projects ranging in magnitude and complexity including: urban and site design for institute and community facilities with an emphasis on education and public outreach pertaining to Green Infrastructure (GI), Low Impact Development (LID) and Sustainable Sites. Mr. Southall has presented on an assortment of sustainable practices and topics at statewide, regional and national conferences. In 2008, he shared the State of Kentucky Governor’s Award for Environmental Leadership. In 2009, he received an Environmental Commission Award from Lexington-Fayette Urban County Government for his environmental outreach and sustainable design efforts in Lexington. Mr. Southall graduated from the University of Kentucky with a Bachelor of Science in Landscape Architecture. Currently, he serves as one of twelve Sustainable Champion for American Planning Association (APA), serves on the steering committee of Empower Lexington (a climate action plan to reduce CO2), and as Treasurer for LFUCG’s Environmental Commission. In March 2017, Mr. Southall completed a three-day Climate Reality Leadership Corps training to become a Climate Reality Leader and served as Mentor in October, 2017. He is a past Chapter President and Trustee of Kentucky ASLA, past Board of Director member for Southeast Stormwater Association (SeSWA), and Market Leadership Advisory Board (MLAB) for USGBC Kentucky. Mr. Southall is a member of American Society of Landscape Architects and American Planning Association.