Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
151.634,
224.10-110,
322.020(1),
322.340,
40 C.F.R. 141
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-110(2), (3), and (4)
require the cabinet to enforce administrative regulations promulgated by the
secretary for the regulation and control, including construction and operation
of facilities, of the purification of water for public and semipublic use.
KRS
224.10-220 requires the cabinet to establish
timetables for the issuance of all permits by the cabinet, except those permits
for which a timetable is set out by statute. This administrative regulation
establishes design plan requirements for the construction of new and expanded
facilities that deliver potable water for public or semipublic use and
establishes requirements for submitting plans and specifications for
modifications to existing facilities and a timeline for cabinet review and
approval or disapproval of plans. There is not a federal regulation that deals
with this subject matter; therefore, this administrative regulation is not more
stringent than federal requirements.
Section
1. Preliminary Engineering Report.
(1) A preliminary engineering report for a
proposed new facility or a modification to an existing facility shall be
prepared by a professional engineer and submitted to the cabinet.
(a) Except as established in paragraph (b) of
this subsection, a supplier or potential supplier of water shall submit the
preliminary engineering report to the cabinet before entering into a financial
commitment for or initiating construction of a new public water system or
increasing the capacity of an existing public water system.
(b) A preliminary engineering report shall
not be required for:
1. A semipublic
treatment facility; or
2.
Construction, extension, or improvement of a distribution
system.
(c) The
preliminary engineering report shall comply with
40 C.F.R.
141.5, Siting requirements.
(d) An applicant for a proposed new public
water system or modification to an existing public water system shall not
locate a proposed surface water intake five (5) miles or less downstream from
the discharge of an existing wastewater treatment plant. The cabinet may issue
a variance to the five (5) mile limitation established in this paragraph if the
applicant demonstrates that the:
1. Water
quality at the proposed intake located five (5) miles or less downstream of a
wastewater treatment plant will not be significantly affected by the discharge
from the wastewater treatment plant; and
2. The proposed new public water system or
modification to an existing public water system has the capacity to treat the
source water in order that finished water will be in compliance with 401 KAR
Chapter 8.
(2)
The preliminary engineering report shall include:
(a) The name of the applicant and of the
owner of the plant;
(b) A map that
shows the location of the proposed facility;
(c) The proposed source of water and the
quantity available, with the location of the intake or wellhead identified by
latitude and longitude in degrees, minutes, and seconds;
(d) An analysis of the water from the
proposed source for contaminants regulated pursuant to 401 KAR Chapter 8,
performed by a certified laboratory;
(e) A detailed description of the proposed
facility;
(f) A detailed flow
diagram of the proposed facility;
(g) A demonstration that the intake or
intakes comply with subsection 1(d) of this section;
(h) Pilot study conclusions, if conducted;
and
(i) An operation plan,
including:
1. Anticipated load;
2. Hours of operation;
3. Area served; and
4. Number and certification of operational
staff.
(3)
Preliminary engineering report approval.
(a)
The preliminary engineering report shall be consistent with the requirements
of:
1. 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;
2. General Design Criteria
for Surface and Ground Water Supplies, April 2010; and
3. Subsection 1(d) of this section.
(b) Upon receipt and review of the
preliminary engineering report, the cabinet shall either approve the
preliminary engineering report or return it to the applicant for revision.
1. Final plans shall not be submitted until
the preliminary engineering report has been approved.
2. Approval of the preliminary engineering
report shall not constitute final approval for construction.
3. A proposed change in the preliminary
engineering report shall be submitted to the cabinet and approved prior to
incorporation in the final plans.
Section 2. Final Plans and Specifications.
(1) Final plans and specifications for the
construction or modification of a water treatment plant or a distribution
facility shall be consistent with:
(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;
(b) General Design Criteria for Surface and
Ground Water Supplies, April 2010; and
(c) Section 1(1)(d) of this administrative
regulation.
(d) If a preliminary
engineering report is required pursuant to Section 1 of this administrative
regulation, the final plans and specifications shall be consistent with the
approved preliminary engineering report.
(e)
1. Plans
for the construction or modification of a public water system shall be
submitted by the water system or shall be accompanied by a letter from the
water system confirming that the water system has reviewed the plans, accepts
the design, and has the capacity to and shall provide water service to the
project.
2. A public water system
that purchases water from another public water system shall submit a letter
from the providing water system verifying the providing water system has the
capacity and shall provide water service to the purchasing water system,
including the proposed project if the project will result in:
a. Demand for water exceeding eighty-five
(85) percent of the purchasers current purchase contract; or
b. Increased water demand by the purchaser by
10,000 gallons or more per day.
(f) Engineering plans and specifications
shall;
1. Be submitted to the
cabinet
2. Be prepared by a
professional engineer licensed in Kentucky; and
3. Bear the engineer's seal, signature, and
date of signature.
4. Prior to the
construction or modification of a public or semipublic water system, the
following documents and fees shall be submitted to the cabinet:
a. Two (2) copies of the plans and
specifications or changes thereto, one (1) of which shall be in an electronic
format;
b. For construction or
modification of a distribution system, a complete Construction Application for
Drinking Water Distribution, DW-1, (8/2010) form;
c. For the construction or modification of a
treatment facility, a completed Construction Application for Drinking Water
Treatment, DW-2, (8/2010) form;
d.
For construction or modification of a semi-public facility, a completed
Construction Application for Small Groundwater and Semi-Public Systems, DW-3,
(8/2010) form;
e. A map that shows
the location of the proposed facility;
f. Hydraulic calculations;
g. Design data and supporting documents
necessary for review of the plans and specifications;
h. Chemical and microbiological analyses of a
new raw water source if the plans and specifications are for a treatment
facility; and
i. The fee required by
401 KAR
8:050.
5. Construction or modification of a public
or semipublic water system shall not begin until the plans and specifications
have been approved by the cabinet in writing; and
6. The front page of the plans shall identify
the:
a. Public water system;
b. Owner of the public water
system;
c. Public water system's
location by city and county; and
d.
Professional engineer preparing the plans.
(g) The cabinet's review of plans and
specifications shall be limited to sanitary features of design and other
features of public health significance and shall not include a review of
structural, mechanical, or electrical design.
(h) The plans shall be drawn to scale and
shall be accompanied by specifications, so as to allow a comprehensive
engineering review, and shall include:
1. Plan
and sectional views with all necessary dimensions; and
2. A piping diagram in sufficient detail to
allow a hydraulic analysis of the system.
(2) Approval of final plans.
(a) Upon receipt and review of final plans
and specifications, the cabinet shall either approve the final plans and
specifications in writing or return them to the applicant for
revision.
(b) If approved, one (1)
set of approved plans and specifications shall be returned to the engineer, and
one (1) set shall be returned to the water
system.
Section
3. Construction.
(1)
(a) During construction, a set of approved
plans and specifications shall be available at the job site.
(b) Construction shall be performed in
accordance with the approved plans and specifications.
(2) If the cabinet's representative observes
work being performed in a manner that does not conform to the approved plans
and specifications, the cabinet shall notify the owner in writing.
(3) Unless construction begins within two (2)
years from the date of approval of the final plans and specifications, the
approval shall expire.
Section
4. Final Approval of Facility.
(1) Upon completion of construction, a
professional engineer shall certify in writing that the project has been
completed in accordance with the approved plans and specifications.
(2) A proposed change to the approved plans
affecting sanitary features of design shall be submitted to the cabinet for
approval in accordance with Section 2 of this administrative
regulation.
(3) The public water
system shall not implement a change to the approved plans without the prior
written approval of the cabinet.
Section 5. Modifications and Extension of
Service. The cabinet shall not approve a modification of a public water system
or an extension of service to one (1) or more customers if the modification or
extension of service is likely to result in the water system's inability to
supply consistent water service in compliance with
401 KAR
8:010 through
401
KAR 8:510.
Section
6. Treatment Techniques. A public water system shall comply with
the treatment technique requirements established in
40 C.F.R.
141.110 through
141.111,
General requirements and treatment techniques for acrylamide and
epichlorohydrin.
Section 7.
Variance. If plans and specifications deviate from the requirements of this
administrative regulation, a written request for a variance shall be submitted
with the plans and specifications or preliminary plans.
(1) The variance request shall include:
(a) A description of the reason for the
variance request;
(b) The basis for
the alternate plans or specifications, which shall be supported by current
engineering practices; and
(c)
Other information necessary to support the variance.
(2) A variance shall not be approved if it
will not protect public health, water quality, and the environment.
Section 8. Approval Timetables.
(1) A complete request for approval shall
contain all the administrative and technical information required pursuant to
401 KAR Chapter 8, KRS Chapter 224, and 40 C.F.R. 141 and 142.
(2)
(a)
Except for the projects established in subsection (2)(b) of this section, the
cabinet shall issue its final decision on a request for preliminary or final
approval of plans and specification reviews within forty-five (45) calendar
days of receipt of the complete request for approval.
(b) The cabinet shall issue its final
decision on a request for a preliminary or final approval of plans and
specification reviews for construction or modification of a water treatment
plant within ninety (90) calendar days of receipt of the complete request for
approval.
(3) Timetable
Extensions.
(a) If two (2) or more permits for
a facility, site, source, construction project, or other entity are required
from the cabinet, the cabinet may coordinate the issuance of the permits,
establishing different review and action times that shall be accomplished by
the cabinet or applicant.
(b) If
the permits are coordinated, the cabinet shall notify the applicant and
indicate the time frames under which the intermediate and final permit actions
shall be accomplished.
(c) The
established time frame for final action shall not exceed the last date for
action pursuant to 401 KAR Chapter 8, KRS Chapter 224, and 40 C.F.R. 141 and
142, based on all applications being considered and the filing date of each
application.
Section
9. 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
Mangers", 2012;
(b) "General Design
Criteria for Surface and Ground Water Supplies", April 2010;
(c) "Construction Application for Drinking
Water Distribution", DW-1, 8/2010;
(d) "Construction Application for Drinking
Water Treatment", DW-2, 8/2010; and
(e) "Construction Application for Small
Groundwater and Semi-Public Systems", DW-3, 8/2010.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Water, 300
Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m.
(3) "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
224.10-100,
224.10-110,
224.10-220,
40 C.F.R.
141.5,
142.10,
142.16,
42 U.S.C.
300j-26