Kentucky Revised Statutes Title XVIII. Public Health § 224.16-040. Factors to be considered when issuing federal permits, requiring long-term control plans, or enforcing federal Water Pollution Control Act

(1)  Limitations on a community's financial capabilities and ability to raise or secure necessary funding;

(2)  Affordability of control options;

(3)  An evaluation of the effectiveness and affordability of control technologies;

(4)  Promotion of green infrastructure;

(5)  Reducing economic impacts on regulated entities, other state and local governmental entities, and residents of the Commonwealth;

(6)  Allowing for reasonable accommodations for regulated entities and other state and local governmental entities when inflexible standards and fines would impose a disproportionate financial hardship in light of the environmental benefits to be gained;

(7)  Giving preference, where proposed by a permittee, to control options that meet presumption approach performance criteria and demonstrate significant pollution reduction rather than mandating specific designs;

(8)  Allowing adequate time and flexibility for implementation schedules when justified by a clear environmental benefit, a community's ability to raise or secure adequate funds, an analysis concluding that the costs of a shorter implementation schedule outweigh the benefits of faster implementation, or other factors;  and

(9)  Factors set forth in the United States Environmental Protection Agency's “Combined Sewer Overflow Control Policy” that may ease the cost burdens of implementing long-term control plans, including but not limited to small system considerations, the attainability of water quality standards, and the development of wet weather standards.