Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 223.160-223.220,
224.10-100,
224.10-110,
322, 40 C.F.R. 141.2
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(28) and
224.10-110(2)
require the cabinet to promulgate administrative regulations for the regulation
and control of the purification of water for public and semipublic use. This
administrative regulation establishes the definitions for terms used by the
cabinet in 401 KAR Chapter 8.
Section
1. Definitions. Except as provided in this section, the
definitions established in
40
C.F.R. 141.2 shall apply.
(1) "Board" means the Kentucky Board of
Certification of Water Treatment Plant and Water Distribution System Operators
as established by
KRS
223.170.
(2) "Boil water advisory" means a type of
consumer advisory that provides notice to the consuming public through radio,
television, direct mail, electronic mail, posting, newspaper, or other media
and that conveys in the quickest and most effective manner possible:
(a) Information that water provided by a
system might cause adverse human health effects due to possible biological
contamination if consumed, unless it is first boiled for three (3) minutes at a
rolling boil; and
(b) What action
the public is advised to take.
(3) "Bottled water" means water that is:
(a) From an approved bottled water treatment
plant as established in
401 KAR
8:700;
(b)
Placed in a sealed container or package; and
(c) Offered for human consumption or other
consumer uses.
(4)
"Bottled water system":
(a) Means a public
water system that provides bottled drinking water and includes the sources of
water, and treatment, storage, bottling, manufacturing, or distribution
facilities; and
(b) Does not mean:
1. A public water system that provides only a
source of water supply for a bottled water system; or
2. An entity providing only transportation,
distribution, or sale of bottled water in sealed bottles or other sealed
containers.
(5)
"Bottled water treatment plant" means a facility that provides the product
water used for bottled water by processing water from an approved source as
established in 401 KAR Chapter 8.
(6) "Bypass" means a physical arrangement
whereby water can be diverted around a feature of the purification process of a
public or semipublic water supply.
(7) "Certificate" means a certificate of
competency issued by the cabinet stating that the operator has met all
requirements for the specified operator classification as established by 401
KAR Chapter 8.
(8) "Certified
laboratory" means a laboratory:
(a) For which
the physical, instrumental, procedural, and personnel capabilities have been
approved by the U.S. Environmental Protection Agency or the cabinet pursuant to
401 KAR
8:040 and 40 C.F.R. 141 and 142; and
(b) That is certified for one (1) or more
types of the contaminants listed or for one (1) or more of the specific
constituents or combinations of constituents listed in 401 KAR Chapter
8.
(9) "Certified
operator" means an individual who holds an active certificate.
(10) "Community water system" is defined by
40
C.F.R. 141.2.
(11) "Consumer advisory" means a notice to
the consuming public through radio, television, direct mail, electronic mail,
posting, newspaper, or other media to convey in the quickest and most effective
manner possible:
(a) Information that water
provided by a system might cause adverse human health effects if consumed and
what action the public is advised to take; or
(b) Other information that the public needs
to know about its water.
(12) "Contaminant group" means all of the
constituent members that collectively comprise the individual bacteriological,
inorganic chemical, organic chemical, radiological, volatile organic chemical,
synthetic organic chemical, or secondary contaminant groups regulated by 401
KAR Chapter 8.
(13) "Conventional
filtration treatment" means a series of processes including coagulation,
flocculation, sedimentation, and filtration resulting in substantial
particulate removal.
(14) "Cross
connection" means a physical connection or arrangement between two (2)
otherwise separate systems, one (1) of which contains potable water and the
other being either water of unknown or questionable safety, or steam, gas, or
chemicals, whereby there can be flow from one (1) system to the other, the
direction of flow depending on the pressure differential between the two (2)
systems.
(15) "Direct responsible
charge" means personal, first hand responsibility to conduct or actively
oversee and direct procedures and practices necessary to ensure that the
drinking water treatment plant or distribution system is operated in accordance
with accepted practices and with KRS Chapter 223 and 401 KAR Chapters 8 and
11.
(16) "Mineral water" means
bottled water that contains not less than 250 parts per million total dissolved
solids.
(17) "NTU" means
nephelometric turbidity unit.
(18)
"Operator" means a person involved in the operation of a drinking water
treatment plant or distribution system.
(19) "Private water supply" means a
residential water supply located on private property for the use of one (1) to
three (3) residential households.
(20) "Product water" means the water
processed by a bottled water treatment plant that is used for bottled drinking
water.
(21) "Professional engineer"
means an engineer who is licensed as a professional engineer in Kentucky,
pursuant to KRS Chapter 322.
(22)
"Secondary contaminant" means a contaminant that does not, in general, have a
direct impact on the health of consumers but its presence in excessive
quantities can discourage the utilization of drinking water or discredit the
supplier.
(23) "Secondary standard"
means the maximum contaminant level for a secondary contaminant.
(24) "Semipublic water system" means a water
system made available for drinking or domestic use that does not qualify as a
private or public water system.
(25) "Submeter" means the use by a property
owner or operator of meters that measure water used by tenants for the purpose
of passing costs charged by a public water system from the property owner or
operator to tenants based on tenants' actual water usage.
(26) "Supplier of water" means the owner or
operator of a public water system.
(27) "Surface water" means water that is open
to the atmosphere and subject to surface runoff, or groundwater under the
direct influence of surface water.
(28) "Surface water source" means ponds,
reservoirs, streams of all sizes, free-flowing springs, a source of water
supply for a public water system that has a free water surface exposed to the
atmosphere, or groundwater under the direct influence of surface
water.
(29) "System" means a public
water system.
(30) "Turbidity"
means the presence of suspended particulates, including sand, silt, clay,
finely divided organic or inorganic matter, plankton or other microscopic
organisms, or elements that optically interfere with the clarity of
liquid.
(31) "Water distribution
system" means the portion of the public water system in which water is conveyed
from the water treatment plant or other supply point to the premises of a
consumer, or a system of piping and ancillary equipment that is owned and
operated by an established water system independent of the water supply system
from which potable water is purchased.
(32) "Water supply system" means the source
of supply and all structures and appurtenances used for the collection,
treatment, storage, and distribution of water for a public or semipublic water
system.
(33) "Water treatment
plant" or "purification plant" means that portion of the water supply system
that is designated to alter the physical, chemical, or bacteriological quality
of the water prior to entry to the water distribution system.