Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
223.180,
223.190,
223.200,
223.210,
223.220,
224.10-110,
42
U.S.C. 300g-7, Section 1419
NECESSITY, FUNCTION, AND CONFORMITY: KRS 223.180-223.220
authorizes the cabinet to classify water treatment plants and distribution
systems based on size, type, and physical condition and according to the skill,
knowledge, and experience needed by the plant operator.
KRS
224.10-110 requires the cabinet to enforce
administrative regulations for the regulation and control of the purification
of water for public and semipublic use and for the certification of water plant
operators. This administrative regulation establishes standards for the
staffing and classification of water treatment plants and water distribution
systems.
Section 1. General
Provisions.
(1)
(a) A public water system shall be operated
according to the provisions of KRS Chapters 223 and 224 and 401 KAR Chapter
8.
(b) A certified operator shall
not be required for a semipublic water system.
(c) Except as established in subsection
(3)(c)1b, 2b, and 4b of this section, a public water system shall be operated
by a certified operator, other than an operator-in-training, in direct
responsible charge who holds a valid certificate in a class equal to or higher
than that required for the system under supervision.
(2)
(a) A
Class I Operator In Training shall not be in direct responsible charge of a
water treatment, distribution, or bottled water system.
(b) A certified operator with an Operator In
Training designation shall work under the direct supervision of a certified
operator who:
1. Works at the same facility;
and
2. Has obtained a certification
level that is equal to or greater than the certification level required to
serve in direct responsible charge of the facility.
(c) An Operator In Training may have direct
responsible charge for a water treatment or water distribution system for which
the operator holds a valid certification in a class equal to or higher than
that as required by
401
KAR 11:040.
(3) Staffing requirements.
(a) Water distribution systems. A water
distribution system shall be operated by or under the supervision of a
distribution system operator certified in a class equal to or higher than the
class of the distribution system.
(b) Combination water treatment plants and
water distribution systems.
1. A combination
water treatment plant or water distribution system shall be classified as Class
IA-D, Class IB-D, or Class IIB-D.
2. A system classified as a combination
system in subparagraph 1. of this paragraph shall be operated by or under the
supervision of an operator who:
a. Holds an
active combination or separate water treatment and distribution system operator
certificate of the appropriate class or higher; and
b. Who shall be in direct responsible charge
of the system.
3. A
certified operator of a Class IA-D combination system shall be at the water
treatment plant if water is being treated, unless the operator is performing
other system-related duties.
(c) Water treatment plants.
1. Class IIA.
a. Except as established in subparagraph b.
of this paragraph, if water is being treated, a Class IIA water treatment plant
shall be operated by a certified water treatment plant operator who:
(i) Holds an active certificate in a class
equal to or higher than Class IIA who shall be in direct responsible charge of
the plant; and
(ii) Shall be
present at the water treatment plant or performing system-related
duties.
b. A Class IIA
water treatment plant that treats water during more than one (1) shift per day
may employ a Class IA-D certified operator for one (1) shift per day, other
than the shift worked by the Class IIA operator in direct responsible charge,
if the Class IIA operator in direct responsible charge shall be able to respond
on site within thirty (30) minutes.
2. Class IIIA.
a. Except as established in subparagraph b.
of this paragraph, if water is being treated, a Class IIIA water treatment
plant shall be operated by a certified water treatment plant operator who:
(i) Holds an active certificate in a class
equal to or higher than Class IIIA who shall be in direct responsible charge of
the plant; and
(ii) Shall be present
at the water treatment plant or performing system- related
duties.
b. A Class IIIA
water treatment plant that treats water during more than one (1) shift per day
may employ a Class IIA operator for one (1) shift per day, other than the shift
worked by the Class IIIA operator in direct responsible charge, if the Class
IIIA operator in direct responsible charge shall be able to respond on site
within thirty (30) minutes.
3. Class IIIB. A Class IIIB water treatment
plant shall be operated by or under the supervision of a certified water
treatment plant operator who:
a. Holds an
active certificate in a class equal to or higher than Class IIIB; and
b. Who shall be in direct
responsible charge of the system.
4. Class IVA.
a. Except as established in subparagraph b,
of this paragraph, if water is being treated, a Class IVA water treatment plant
shall be operated by a certified water treatment plant operator who:
(i) Holds an active Class IVA certificate who
shall be in direct responsible charge of the plant; and
(ii) Who shall be present at the water
treatment plant or performing system-related duties.
b. A Class IVA water treatment plant that
treats water during more than one (1) shift per day may employ a Class IIIA
operator for one (1) shift per day, other than the shift worked by the Class
IVA operator in direct responsible charge, if the Class IVA operator in direct
responsible charge shall be able to respond on site within thirty (30)
minutes.
5. Class IVB. A
Class IVB water treatment plant shall be operated by or under the supervision
of a certified water treatment plant operator who holds an active certificate
in a class equal to or higher than Class IVB who is in direct responsible
charge of the system.
6. A public
water system may propose an alternate staffing plan to the staffing requirement
established in this paragraph.
a. The
proposal shall be submitted to the cabinet and shall thoroughly explain the
alternate proposal.
b. The proposal
shall demonstrate:
(i) A necessity for the
water system to vary from the requirements in this paragraph; and
(ii) An equal level of protection of human
health and the environment.
c. The cabinet shall not approve an alternate
proposal that does not propose that a duly certified operator in direct
responsible charge operate a water treatment plant, in accordance with
KRS
223.210.
(d) Bottled Water Systems. A bottled water
treatment plant shall be operated by or under the supervision of a certified
water treatment plant operator who:
1. Holds
an active bottled water certification; and
2. Who shall be in direct responsible charge
of the system.
(e)
System-related duties shall be for:
1. Class
IIA, Class IIIA, and Class IVA water systems, duties related to the operation
and maintenance of the water treatment plant; or
2. Class IA-D water systems, duties related
to the operation and maintenance of the water treatment plant and distribution
system.
(4)
(a) A public water system may comply with the
staffing requirements of this section by securing a contract operator or an
operations firm.
(b) If a public
water system secures a contract operator or operations firm to operate a
treatment plant or distribution system, the public water system shall provide
to the cabinet:
1. Name, mailing address, and
telephone number of the:
a. Certified operator
or contract operations firm; and
b.
Principal contact within the firm for certification activities, if
different;
2. Name,
certificate type, and certificate number for each certified operator;
3. Facility name, public water supply
identification number, and county location of each system for which the
contract or operations firm operator is assuming responsibility;
4. Effective date and expiration date of the
contract; and
5. Duties and
responsibilities of each party to the contract.
(5) Certificate display. If a public water
system office is available at the water treatment plant or within the
distribution system, each operator's certificate shall be prominently
displayed.
(6) Reporting
requirements.
(a) A public water system shall
notify the cabinet in writing within thirty (30) calendar days of a certified
operator employment change.
(b)
1. A certified operator shall notify the
cabinet within thirty (30) calendar days of a change in employment or mailing
address.
2. Employment change
information shall include:
a. The name and
identification number of the public water system;
b. The effective date of the change;
and
c. Whether the operator is
assuming or relinquishing responsibility for the plant or system.
Section
2. Classification of Water Treatment Plants and Water Distribution
Systems. There shall be four (4) classes of water treatment plants, Class I,
II, III, or IV; two (2) subclasses of treatment types, A or B; four (4) classes
of water distribution systems, Class I, II, III, or IV; and one (1) bottled
water class.
(1)
(a) Class IV is the highest class and
subclass A is the highest subclass.
(b) Combined treatment and distribution
classifications for Class I and II systems shall be Class IA-D, Class IB-D, and
Class IIB-D.
(2) The
water treatment plant and water distribution system classifications shall
correspond to the operator classifications established in
401
KAR 11:040.
(3) A public water system shall be classified
according to the criteria in subsection (4) of this section.
(a)
1. The
cabinet may change a public water system classification if necessary because
of:
a. Complexity of the system due to
engineering design;
b. Source water
quality; or
c. Operation
conditions.
2. Notice of
a change shall be given to the owner of the public water system.
(b) The cabinet shall reclassify a
nontransient noncommunity water system that treats water primarily for its
industrial process with limited employee use if the calculated portion of the
water produced by the water treatment plant not used for the industrial process
averages less than ten (10) percent of the average daily production averaged
over the most recent twelve (12) months.
(4)
(a)
1. A water treatment plant or system based on
the cabinet-assigned design capacity for finished water production the
treatment plant is able to produce in twenty-four (24) continuous hours of
production, taking into consideration all limiting factors and the treatment
process employed.
2. A water
treatment plant classification shall be as established in Table 1 of this
subsection.
(b)
1. A water distribution system shall be
classified according to population served, determined as established in
401 KAR
8:200, Section 3.
2. A water distribution system classification
shall be as established in Table 1 of this subsection.
TABLE 1
|
WaterTreatment
Plant
(Assigned Design
Capacity)
|
Water Distribution System
(Population Served)
|
Class I
|
Less than 50,000 gallons per day
|
Less than 1,500
|
Class II
|
50,000 gallons or more per day but less than 500,000
gallons per day
|
Equal to or greater than 1,500 but less than
15,000
|
Class III
|
500,000 gallons or more per day but less than
3,000,000 gallons per day
|
Equal to or greater than 15,000 but less than
50,000
|
Class IV
|
3,000,000 gallons or more per day
|
Equal to or greater than 50,000
|
(c) Each class of water treatment plan shall
be subdivided according to the type of treatment used by the plant. The
subclasses shall be:
1. Subclass A: a water
treatment plant that treats:
a. Surface water
or groundwater under the direct influence of surface water; or
b. Groundwater not under the direct influence
of surface water that uses gravity filtration; and
2. Subclass B: a water treatment plant that
treats groundwater:
a. Not under the direct
influence of surface water and uses a filtration process other than gravity
filtration; or
b. Not under the
direct influence of surface water that does not use filtration
processes.
(d)
A combination treatment and distribution system shall be classified as Class
IA-D, Class IB-D, or Class IIB-D.
(e) Each treatment plant comprising a single
public water system shall be classified in accordance with this section, and
each plant shall be operated in accordance with Section 1 of this
administrative regulation.
(5) A bottled water treatment plant
classification shall only apply to a bottled water system that bottles water
for sale.
(6) Limited. A limited
classification is available to a water treatment facility serving a school or a
semipublic water system.
401 KAR 8:030 Water treatment plant and water distribution
system classification and staffing is approved for filing.
STATUTORY AUTHORITY:
KRS
223.180 - 223.220, 224.10-100,
224.10-110