Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 211.350-211.392, 223.160-223.220,
224.10-100,
224.10-110,
224.16-050,
369, 40 C.F.R. 141,
142.14,
142.15,
142.16,
142.20,
142.21,
142.40-142.65
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(28) and
224.10-110(2)
authorize 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 general provisions for
regulating public and semipublic water supplies.
Section 1. A public or semipublic water
system shall be subject to the requirements of 401 KAR Chapter 8, except those
exempted in 40 C.F.R. 141 and 142.
Section
2. Submetering.
(1) A property
using a submeter as defined by
401 KAR
8:010 shall not be considered a public water system as
defined by
40
C.F.R. 141.2 and, except for this
administrative regulation and the emergency authority provisions established in
Section 1431 of the federal Safe Drinking Water Act, shall be exempt from the
requirements of 401 KAR Chapter 8.
(2)
(a) A
property using a submeter as defined by
401 KAR
8:010 and exempt from the requirements of 401 KAR
Chapter 8 shall:
1. Receive all of its water
from a public water system and shall not change the quality of water provided
to customers;
2. Be located on
property owned by a single person, entity, individual, or a co-op or
condominium association of property owners;
3. Not be regulated as a water utility by the
Kentucky Public Service Commission; and
4. Not charge tenants an amount that exceeds
tenants' share of the actual amount charged by the public water system to the
owner or operator of a property using a submetered system, based on the
tenants' actual water usage in proportion to the total amount of water used for
the entire submetered property.
(b) The owner or operator of a property using
a submetered system shall designate a person or organization as the owner or
operator of the submetered system and shall provide the name, address, and
phone number of the designated owner or operator upon request by the
cabinet.
(c) The owner or operator
of a property using a submetered system shall certify to the cabinet in writing
that the:
1. Submetered system does not have
any cross connections; and
2.
Applicable provisions of
815 KAR
20:120 have been met.
(3) An advisory received by the owner or
operator pursuant to Section 3(9) of this administrative regulation shall be
disseminated to property tenants in the manner established in Section 3(10) of
this administrative regulation.
(4)
Public notices and consumer confidence reports received by the owner or
operator pursuant to
401
KAR 8:075 shall be disseminated to property tenants in
the next billing period.
Section
3.
(1) Public and semipublic
water systems. A person shall not operate or commence operation of a public or
semipublic water system except in compliance with the provisions of 401 KAR
Chapter 8 and 40 C.F.R. 141. A water supply system constructed prior to
November 11, 1990 may be continued in use, if the operation, maintenance,
bacteriological, chemical, physical, and radiological standards comply with 401
KAR Chapter 8, or the system obtains a variance or exemption from those
standards in accordance with 40 C.F.R. 141.
(2)
(a) A
cross-connection shall be prohibited.
(b) The use of automatic devices, such as a
reduced pressure zone back flow preventer and a vacuum breaker, may be approved
to protect public health, in lieu of air gap separation.
(c) A combination of air gap separation and
an automatic device shall be required if determined by the cabinet to be
necessary due to the degree of hazard to public health.
(d) Every public water system shall determine
if or where a cross-connection exists and shall immediately eliminate
it.
(3) A bypass shall
not be created or maintained without the prior written approval of the cabinet
stating the approved circumstances for establishment of a bypass, its design,
and the exact conditions for its use.
(4) An auxiliary intake shall not be used in
direct connection with a public or semipublic water system except with prior
written approval from the cabinet stating the emergency condition that
necessitates the intake.
(5) The
plumbing system serving the purification plant and auxiliary facilities shall
discharge to a sewer system if available.
(a)
If a sewer is not available, the connection shall be made to a sewage disposal
facility approved pursuant to KRS Chapter 211.350 through 211.392 or
224.16-050.
(b) There shall not be
connections between the sewer system and a filter backwash, filter-to-waste
drain, or clearwell overflow line, unless an air gap is provided between the
drain and overflow line and the sanitary storm sewer or natural drainage
system, so as to preclude the possibility of back-up of sewage or waste into
the drain or overflow line.
(6) The owner or operator of a public water
system shall operate and maintain the facilities and systems of treatment,
intake, and distribution to comply with the provisions of 401 KAR Chapter 8
including effective performance; preventive maintenance; operator staffing and
training pursuant to
401
KAR 8:030,
401
KAR 11:040, and
401 KAR
11:050; establishing representative sample points that
comply with the requirements of 401 KAR Chapter 8; and adequate process
controls for testing, including quality assurance procedures.
(7) Reports to the cabinet.
(a) The supplier of water shall provide a
complete monthly operating report to the cabinet, which shall be received at
the Division of Water, 300 Sower Boulevard, Frankfort, Kentucky 40601 not later
than ten (10) days after the end of the month for which the report is filed.
1. A completed report shall include:
a. Volume of water treated;
b. Average number of hours per day water is
being treated;
c. Type and amount
of chemicals added;
d. Test results
appropriate to be reported by the plant; and
e. The dated original signature, or
equivalent, pursuant to KRS Chapter 369, of the owner or authorized
agent.
2. A supplier of
water shall submit the reports required by
40 C.F.R.
141.75(b) to the cabinet not
later than ten (10) days after the end of each month the public water system
serves water to the public.
3. A
public water system shall report to the cabinet in accordance with
40 C.F.R.
141.31.
(b) The public water system shall submit to
the cabinet a completed Annual Water System Data form, DOW0801, (April 2017)
not later than January 10 of each year.
(c) Reports of failure to comply. A public
water system shall report to the cabinet within forty-eight (48) hours, by
phone or in writing, the failure to comply with a monitoring requirement of 401
KAR Chapter 8 or any other provision of 401 KAR Chapter 8.
(d) Emergency reports.
1. If a public water system experiences a
line break or loss of pressure as established in
401 KAR
8:150, Section 4(2)(e), loss of disinfection, or other
event that may result in contamination of the water, the public water system
shall immediately report to the cabinet by calling the Division of Water in
Frankfort at (502) 564-3410 or the appropriate regional field office of the
Division of Water.
2. If a report
required by this paragraph is made during other than normal business hours, it
shall be made through the twenty-four (24) hour environmental emergency
telephone number, (800) 928-2380.
(8) Records to be maintained. An owner or
operator of a public water system shall keep the records established in
40 C.F.R.
141.33 on the premises or readily accessible
to cabinet staff inspecting the system.
(9) Boil water and consumer advisories.
(a) Boil water advisories.
1. A public water system or semipublic water
system shall issue a boil water advisory if the system believes an advisory is
warranted.
2. The cabinet may
direct that a boil water advisory be issued upon:
a. The reception of confirmed positive
bacteriological results, for example, E. coli or fecal coliform, in at least
one (1) sample; or
b. Other
circumstances that warrant an advisory for the protection of public
health.
3. The cabinet
may, if circumstances warrant for the protection of public health, issue a boil
water advisory directly, rather than rely on a public or semipublic water
system to issue the advisory.
4. A
boil water advisory shall remain in effect until the cabinet approves the
lifting of the advisory based on bacteriological results showing coliform
bacteria are not present in the water.
(b) Consumer advisory.
1. The cabinet may issue a consumer advisory
if:
a. Conditions within a public water system
or semipublic water system indicate a possible adverse health effect from
consumption of the water distributed by the system; or
b. Other information of interest to the
consumer exists.
2. The
advisory shall notify affected persons of a required or recommended
action.
(c) A public or
semipublic water system shall:
1. Immediately
notify the local health department that serves the area affected if a boil
water advisory or consumer advisory is issued.
a. The notification may be made by telephone,
email, or fax machine for an occurrence during normal business hours.
b. For an occurrence after normal business
hours, the public or semipublic water system shall notify the affected local
health department in a manner agreed upon by the system and affected health
department; or
2. Develop
a protocol with a local health department that describes when and how the
system shall notify the affected health department if the system issues a boil
water advisory or consumer advisory. The protocol shall address:
a. For which types of advisories the system
shall notify the affected health department;
b. What procedures shall be used to notify
and under what circumstances;
c.
How soon after the occurrence the notification shall be made; and
d. To whom the notification shall be made,
during and after business hours.
(10) How to issue an advisory.
(a) A boil water advisory or consumer
advisory shall be issued through newspapers, radio, television, or other media
having an immediate public impact.
(b) As a health and safety measure, the water
system shall repeat the notification during the period of imminent danger at
intervals that maintain public awareness.
(c)
1. The
advisory shall be readily understandable and shall include instructions for the
public, as well as an explanation of the steps being taken to correct the
problem.
2. Boiling instructions
shall caution to boil water to be used for consumption by boiling the water for
at least three (3) minutes at a rolling boil.
(11) Maps.
(a) A public or semipublic water system shall
have on the premises, or readily accessible to cabinet staff inspecting the
system, an up-to-date map of the distribution system. The map shall, at a
minimum, show:
1. Line size;
2. Cutoff valves;
3. Fire hydrants;
4. Flush hydrants;
5. Tanks;
6. Booster pumps;
7. Chlorination stations;
8. Connection to emergency or alternative
sources;
9. Wholesale customer
master meters; and
10. Type of
piping material in the distribution system and its location.
(b)
1. If a public water system is not able to
comply with the requirements of paragraph (a) of this subsection, the system
may petition the cabinet to modify this requirement.
2. The petition for modification shall state
specifically what portion of the requirements of paragraph (a) of this
subsection is not practical and why.
(12) Operation and maintenance manual.
(a) Each public water system shall develop
and keep on the premises, for operators and employees of the system, an
operation and maintenance manual that includes:
1. A detailed design of the plant;
2. Daily operating procedures;
3. A schedule of testing requirements
designating who is responsible for the tests;
4. Safety procedures for operation of the
facility, including storage and inventory requirements for materials and
supplies used by the facility; and
5. Procedures for issuing a boil water
advisory and consumer advisory as established in this administrative
regulation, including notification to the public and local health department
and consumers.
(b) The
operation and maintenance manual shall be updated as necessary, but not less
than annually, and shall be available for inspection by the cabinet.
(c) A public water system serving fewer than
100 people or thirty (30) service connections may request that the cabinet
waive the requirements of paragraphs (a) and (b) of this subsection. The
request shall be in writing and any waiver granted by the cabinet shall be in
writing and be retained by the public water system for examination by cabinet
personnel.
(13) Flushing.
Each community water system shall establish and maintain a flushing program
that ensures that:
(a) Dead end and low usage
mains shall be flushed periodically;
(b) Drinking water standards shall be
met;
(c) Sediment and air shall be
removed; and
(d) Disinfectant
residuals established in
401 KAR
8:150, Section 1 shall be
maintained.
(14) A person
shall not introduce into the water supply system a substance that may have a
deleterious physiological effect, or for which physiological effects may not be
known.
(15) Certified lab analysis
required. For the purpose of determining compliance with the sampling
requirements of 401 KAR Chapter 8, samples shall be analyzed by a laboratory
certified by the cabinet as established in
401 KAR
8:040, except that measurements for turbidity,
disinfectant residuals, and other parameters established by
40 C.F.R.
141.28 and
141.131
may be performed by a certified operator or an individual under the supervision
of a certified operator.
(16) Right
of entry. The cabinet may enter an establishment, facility, or other property
of public and semipublic water supplies in order to determine if the supplies
have acted or are acting in compliance with applicable laws or regulations that
the cabinet has the authority to enforce.
(a)
Entry may include, for example, collection of water samples for laboratory
analyses and inspection of records, files, papers, processes, controls, and
facilities required to be kept, installed, or used under the provisions of 401
KAR Chapter 8.
(b) The cabinet or
its authorized agent may cause to be tested a feature of a public water system,
including its raw water source, to determine compliance with applicable legal
requirements.
(17) Water
treatment chemicals and system components. Chemical additives and protective
materials, such as paints and linings, may be used by a water system if they
meet the requirements established in the Recommended Standards for Water Works,
2012 Edition, A Report of the Water Supply Committee of the Great Lakes-Upper
Mississippi River Board of State Public Health and Environmental Managers'
Recommended Standards for Water Works, 2012.
(18) Disposal of chlorinated water.
Chlorinated water resulting from disinfection of treatment facilities and new,
repaired, or extended distribution systems shall be disposed in a manner that
shall not violate
401 KAR
10:031.
(19) Water loading stations. A public water
system that provides water loading stations for the purpose of providing water
to water hauling trucks or other bulk water devices shall construct the
stations to conform to the standards in the Great Lakes-Upper Mississippi River
Board of State Public Health and Environmental Managers' Recommended Standards
for Water Works.
Section
4. The cabinet shall maintain records and submit reports as
established in
40 C.F.R.
142.14,
142.15, and
142.16(f).
Section 5. A public water system may receive
a variance or exemption from some provisions of 401 KAR Chapter 8 only in
accordance with
40 C.F.R.
141.4.
Section
6. A public water system may use noncentralized treatment devices
only in accordance with
40
C.F.R. 141.100 or bottled water only in
accordance with
40 C.F.R.
141.101.
Section 7. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Recommended Standards for
Water Works, 2012 Edition," A Report of the Water Supply Committee of the Great
Lakes-Upper Mississippi River Board of State Public Health and Environmental
Managers, 2012; and
(b) "Annual
Water System Data" form, DOW0801, (April 2017).
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Division of Water, 300
Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m. This material is also available the division's Web site at
http://water.ky.gov.
(3) The "Recommended Standards for Water
Works, 2012 Edition," A Report of the Water Supply Committee of the Great
Lakes-Upper Mississippi River Board of State Public Health and Environmental
Managers, 2012, may also be obtained at
http://10statesstandards.com/waterrev2012.pdf.
STATUTORY AUTHORITY:
KRS
223.200,
224.10-100(28),
224.10-110(2),
40
C.F.R. 141.3,
141.31,
141.75,
142.14,
142.15,
142.20.
142.21, 142.40-142.65,
42
U.S.C. 300f-300j-26