Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100,
224.10-110,
224.70-100,
224.70-110
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Cabinet to develop
and conduct a comprehensive program for the management of water resources and
to provide for the prevention, abatement, and control of water pollution.
KRS
224.73-110 requires that a person shall not
have primary responsibility for the operation of a sewage system or a portion
of a system, whether publicly or privately owned, unless the operator has
passed an examination prescribed by the cabinet. This administrative regulation
establishes standards for the staffing and classification of wastewater
treatment plants and collection systems that accept domestic sewage.
Section 1. Certified Operators for Wastewater
Treatment Plants. A wastewater treatment plant that accepts wastewater
containing domestic sewage shall be under the primary responsibility of a
certified operator as established in this section.
(1) A treatment plant with a design capacity
of less than or equal to 50,000 gallons per day shall be under the primary
responsibility of a certified operator holding an active Class I, II, III, or
IV treatment certificate.
(2) A
treatment plant with a design capacity of more than 50,000 gallons per day, but
less than or equal to two (2) million gallons per day shall be under the
primary responsibility of a certified operator holding an active Class II, III,
or IV treatment certificate.
(3) A
treatment plant with a design capacity of more than two (2) million gallons per
day, but less than or equal to seven and one-half (71/2) million gallons per
day shall be under the primary responsibility of a certified operator holding
an active Class III or IV treatment certificate.
(4) A treatment plant with a design capacity
in excess of seven and one-half (71/2) million gallons per day shall be under
the primary responsibility of a certified operator holding an active Class IV
treatment certificate.
(5) A
wastewater treatment plant at a school shall be under the primary
responsibility of a certified operator holding an active limited certificate or
a Class I, II, III, or IV treatment certificate.
Section 2. Certified Operators for Collection
Systems. Each collection system transporting wastewater containing domestic
sewage shall be under the primary responsibility of a certified operator as
established in this section.
(1) Collection
systems with greater than 5,000 linear feet of sewer line that transport
wastewater to a treatment plant with a design capacity of less than or equal to
50,000 gallons per day shall be under the primary responsibility of a certified
operator holding an active Class I, II, III, or IV collection
certificate.
(2) Collection systems
that transport wastewater to a treatment plant with a design capacity of more
than 50,000 gallons per day, but less than or equal to two (2) million gallons
per day shall be under the primary responsibility of a certified operator
holding an active Class II, III, or IV collection certificate.
(3) Collection systems that transport
wastewater to a treatment plant with a design capacity of more than two (2)
million gallons per day, but less than or equal to seven and one-half (7
1/2) million gallons per day shall be under the
primary responsibility of a certified operator holding an active Class III or
IV collection certificate.
(4)
Collection systems that transport wastewater to a treatment plant with a design
capacity in excess of seven and one-half (7 1/2)
million gallons per day shall be under the primary responsibility of a
certified operator holding an active IV collection certificate.
(5) A wastewater collection system at a
school shall be under the primary responsibility of an operator holding an
active:
(a) Class I, II, III, or IV
collection certificate;
(b) Class
I, II, III, or IV treatment certificate; or
(c) Limited certificate.
(6) Collection systems with not more than
5,000 linear feet of sewer line that transport wastewater to a treatment plant
with a design capacity of less than or equal to 50,000 gallons per day, shall
be operated under the primary responsibility of a certified operator with an
active:
(a) Class I, II, III, or IV
collection certificate; or
(b)
Class I, II, III, or IV treatment certificate.
(7) Collection systems that transport
wastewater containing domestic sewage to a treatment plant owned by another
person shall use population-served for determination of the appropriate
collection system certificate.
(a) Collection
systems with greater than 5,000 linear feet of sewer line and with a population
served of 1,500 individuals or less shall be operated by a certified operator
holding an active Class I, II, III, or IV collection certificate.
(b) Collection systems with a population
served of 1,501 to 15,000 individuals shall be operated by a certified operator
holding an active Class II, III, or IV collection certificate.
(c) Collection systems with a population
served of 15,001 to 50,000 individuals shall be operated by a certified
operator holding an active Class III or IV collection certificate.
(d) Collection systems with a population
served of 50,001 individuals or greater shall be operated by a certified
operator holding an active Class IV collection certificate.
(e) Collection systems with not more than
5,000 linear feet of sewer line that serve a population of not more than 1,500,
shall be operated under the primary responsibility of a certified operator with
an active:
1. Class I, II, III, or IV
collection certificate; or
2. Class
I, II, III, or IV treatment certificate.
Section 3. Certified Operator
Availability.
(1) The facility shall ensure
that a certified operator with primary responsibility shall be able to be
contacted by phone within thirty (30) minutes.
(2) The facility shall ensure that a
certified operator with primary responsibility shall be capable of being
onsite:
(a) Within two (2) hours if the
certified operator with primary responsibility is required to have a Class I or
Limited certificate; or
(b) Within
one (1) hour if the certified operator with primary responsibility is required
to have a Class II, III, or IV certificate.
Section 4. Operators In Training.
(1) A Class I Operator In Training shall not
have primary responsibility of a wastewater treatment plant or wastewater
collection system.
(2) A certified
operator with an Operator In Training designation shall work under the direct
supervision of a certified operator who:
(a)
Works at the same facility; and
(b)
Holds an active certification level that is equal to or greater than the
certification level required to serve in primary responsibility of the
facility.
(3) An Operator
In Training may have primary responsibility for a wastewater collection system
or wastewater treatment plant for which the operator holds an active Class II
through Class IV certification as established in
401
KAR 11:030.
Section 5. A wastewater collection system or
treatment plant may propose an alternate staffing plan to the staffing
requirement established in this section.
(1)
The proposal shall be submitted to the cabinet and shall thoroughly explain the
alternate proposal.
(2) The
proposal shall demonstrate:
(a) A necessity
for the wastewater collection system or treatment plant to vary from the
requirements in this paragraph; and
(b) An equal level of protection of human
health and the environment.
(3) The cabinet shall not approve an
alternate proposal that does not propose that a duly certified operator in
direct responsible charge operate a wastewater collection system or treatment
plant, in accordance with
KRS
224.73-110.
Section 6. Certificate Display. If a system
office is available at the wastewater treatment plant or within the sewer
service area, the operator's certificate shall be prominently displayed on the
wall.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.10-110,
224.73-110