Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
223.220,
224.10-100,
224.10-110,
40
C.F.R. 142.10,
Pub.L.
104-182, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(20) authorizes
the cabinet to establish, by administrative regulation, a fee or schedule of
fees for the cost of processing applications for permits authorized by KRS
Chapter 224.
KRS
224.10-110 requires the cabinet to enforce
cabinet administrative regulations for review, approval, or disapproval of
plans for water purification and distribution systems. This administrative
regulation establishes fees for reviewing plans and specifications of public
water systems and for laboratory certification.
Section 1. Fees for the Review of Plans and
Specifications for New and Existing Public and Semipublic Water Systems.
(1) Filing fees.
(a) Except as established in
KRS
224.10-100, a person who submits the plans
and specifications established in subsection (2) of this section shall
simultaneously submit a filing fee in the amount of twenty (20) percent of the
required project fee established in subsection (2) of this section.
(b) A filing fee shall not be refundable if
the plans and specifications for which the filing fee is required are denied or
withdrawn.
(c) The filing fee shall
be applied toward the project fee assessed as established in subsection (2) of
this section.
(d)
1. Plans and specifications not approved
shall be returned to the applicant.
2. Further consideration of plans and
specifications not approved shall require a new submittal and payment of the
appropriate filing fee.
(2) Project fees.
(a) Following preliminary review of the plans
and specifications, the cabinet shall notify the applicant whether or not the
plans and specifications comply with
401
KAR 8:100. If the applicant is notified that the plans
and specifications comply, the applicant shall submit the remainder of the fee
required by paragraph (b) of this subsection.
(b) A fee for review and approval of the
plans and specifications shall be assessed according to subparagraphs 1.
through 3. of this paragraph.
1. Fee for
reviewing plans of community public water systems
a. The fee for reviewing plans for a water
treatment plant utilizing disinfection and all components of conventional
filtration treatment shall be $800.
b. The fee for reviewing plans for a water
treatment plant utilizing disinfection, but not all components of conventional
filtration treatment, shall be $525.
c. The fee for reviewing plans for a water
treatment plant utilizing only disinfection shall be $250.
d. The fee for reviewing plans for a change
in design capacity of a water treatment plant involving disinfection and all
components of conventional filtration treatment shall be $800.
e. The fee for reviewing plans for a change
in design capacity of a water treatment plant involving disinfection, but not
all components of conventional filtration treatment, shall be $525.
f. The fee for reviewing plans for a change
in design capacity of a water treatment plant involving only disinfection shall
be $125.
g. The fee for reviewing
plans for a change in the structures and appurtenances, except for distribution
lines of less than 10,000 feet, of a water supply system shall be
$325.
h. The fee for reviewing
plans of a water supply system for a change to the distribution lines of 10,000
feet or less shall be $150.
2. Fees for reviewing plans of noncommunity
public water systems.
a. The fee for reviewing
plans for a water treatment plant utilizing disinfection and all components of
conventional filtration treatment shall be $800.
b. The fee for reviewing plans for a water
supply system serving more than 100 people that utilizes disinfection, but not
all components of conventional filtration treatment, shall be $200.
c. The fee for reviewing plans for a change
to a water supply system serving more than 100 people shall be $100
d. The fee for reviewing plans for a water
supply system serving 100 people or fewer, which utilizes disinfection, but not
all components of conventional filtration treatment, shall be $100.
e. The fee for reviewing plans for a change
to a water supply system serving 100 people or fewer shall be fifty (50)
dollars.
3. Semipublic
water systems. The fee for reviewing plans for a semipublic water system
facility or a change to a semipublic water system shall be fifty (50)
dollars.
Section
2. Fees for Laboratory Certification.
(1) Fees shall be received by December 31 of
each calendar year prior to the certification period.
(2) A fee received after December 31 and
before January 15 shall incur a surcharge of fifteen (15) percent.
(3) Laboratory certification shall be revoked
if fees are not received by January 15 of the certification year.
(4) To reinstate a laboratory certification
that was revoked pursuant to subsection (3) of this section, the laboratory
shall comply with
401 KAR
8:040, Section 2, and shall pay a surcharge of
twenty-five (25) percent of the certification fee established in Table A in
subsection (5) of this section.
(5)
The annual fee for certification by analysis category shall be as established
in Table A:
|
Table A: Annual Certification Fee by Analysis
Category
|
|
Analysis Category
|
Fee
|
|
Microbiology Administration and Application
|
$1,000
|
|
Microbiology
|
$500
|
|
Chemistry Administration and Application
|
$1,000
|
|
Disinfection By-Products
|
$500
|
|
Synthetic Organic Chemicals
|
$500
|
|
Volatile Organic Chemicals
|
$500
|
|
All Other Chemical Analysis Categories
|
$500
|
|
Other audits resulting in a certification status
change
|
$500 each
|
(6)
Fees shall apply to in-state and out-of-state laboratories.
(7)
(a) A
laboratory may request a ten (10) percent discount of the following year's
certification fee if it submits compliance data electronically for one (1)
calendar year.
(b) To be eligible
for the discount:
1. The laboratory's data
shall not contain errors;
2. The
laboratory shall not err in the electronic-submittal process; and
3. The laboratory shall comply with
401 KAR
8:040, Section 4.
(8) A laboratory certified by the National
Environmental Laboratory Association Certification Institute (TNI) or a
National Environmental Laboratory Association Program accrediting authority may
request a ten (10) percent discount of the total certification fee for which it
maintains the TNI certification.
STATUTORY AUTHORITY:
KRS
223.220,
224.10-100(20),
224.10-110
