Spokespeople for the Kentucky state government wrote the following when asked to provide or verify figures regarding the state's enforcement of the Clean Water Act: “Kentucky enforces the Clean Water Act in accordance with the National Pollution Discharge Elimination System Memorandum of Agreement Between the Commonwealth of Kentucky and the United States Environmental Protection Agency Region 4 and the annual CWA Section 106 Work Plan. In FY2009, Kentucky received a CWA Section 106 Federal grant award of $2,288,642.30, which requires a 20% match of state general funds. In addition to the Federal award in FY2009, Kentucky expended $9,266,074.75 of state funds for the implementation and enforcement of the Clean Water Act. As such, Kentucky must significantly over-match with state funds the limited Federal CWA Section 106 funds in order to provide sufficient funding to implement the programs required under Section 106 of the CWA. The data provided for verification by the New York Times originates from the Annual Non-Compliance Report (ANCR). The ANCR is a date-specific report that reflects the data in the Federal database at the time the report is generated. Any Discharge Monitoring Report (DMR) that has been received but not entered into the Federal database will show up on the ANCR as a Category I non-compliance. U.S. EPA Region 4 has provided data that breaks out the "non-receipt only" Category I violations from the total number of Category I ...
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