Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100,
224.10-110,
40 C.F.R.
141.70-141.76
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 requirements for the disinfection,
filtration, recycling, and testing of drinking water in a public or semipublic
water system using surface water or groundwater not under the direct influence
of surface water. This administrative regulation differs from the federal
regulation by requiring filtration of water supplies that have surface water
sources and disinfection of water supplies whose source is groundwater.
Section 1. Disinfection. A public and
semipublic water system shall provide disinfection, except as provided in this
section. A semipublic water system shall comply with the requirements of this
section for public water systems or meet the requirements of Section 2(2) of
this administrative regulation.
(1) A public
water system using groundwater or surface water as a source.
(a) A public water system that uses chlorine
shall:
1. Use continuous automatic
disinfection by chlorination;
2.
Provide a minimum free chlorine residual of two-tenths (0.2) milligrams per
liter, or ppm, throughout the distribution system measured as described in
subsection (2) of this section;
3.
Check free chlorine residuals daily at representative points throughout the
system; and
4. Report the free
chlorine residuals monthly pursuant to
401
KAR 8:020, Section 3(7)(a).
(b)
1.
Disinfecting agents other than chlorine may be used pursuant to
40 C.F.R.
141.172(c).
2. If chloramination is used, a minimum
combined residual of five-tenths (0.5) milligrams per liter, or ppm, shall be
provided throughout the distribution system.
(2) A public water system using surface water
as a source or groundwater under the direct influence of surface water shall
provide disinfection treatment as established in
40
C.F.R. 141.72(b).
(3) If a disinfection residual fails to
comply with Section 1(1) of this administrative regulation, the public shall be
notified in accordance with
401
KAR 8:020, Section 3(9).
(4) Variances or exemptions shall not be
granted for subsection (2) of this section.
Section 2. Filtration.
(1) A public water system using a surface
water source or a groundwater system with wells with variable or high turbidity
due to characteristics of the raw water that may cause an adverse health effect
shall establish a filtration system. The design for the system shall be
submitted to the cabinet in accordance with
401
KAR 8:100 and shall comply with
40
C.F.R. 141.73.
(2)
(a) A
semipublic water system shall provide a contact period of at least thirty (30)
minutes between the chorine and the water to allow adequate time for
disinfection, or may enter into a protocol with the cabinet whereby the
filtration and disinfection requirements of this administrative regulation
shall be achieved using filtration technology, disinfection technology, or a
combination of both, if the technology shall achieve a ninety-nine and
nine-tenths (99.9) percent (3-log) removal or inactivation of Giardia lamblia
cysts and 99.99 percent (4-log) removal or inactivation of viruses.
(b) The protocol shall contain a schedule for
maintenance and testing of the filtration and disinfection equipment to assure
that the requirements of this subsection are met.
(c) Intensive bacteriological testing shall
be included in the protocol.
(d) If
surface water is a source of water, filtration shall be an element of the
protocol.
(e) If groundwater not
under the direct influence of surface water is the only source of water, a
semipublic water system eligible under this subsection may enter into a
protocol with the cabinet to demonstrate through a regular schedule of
bacteriological testing that filtration or disinfection is not
needed.
Section
3. Analytical and Monitoring Requirements.
(1) Analytical requirements. Analyses
required by this administrative regulation shall be conducted in accordance
with the requirements of
40 C.F.R.
141.74(a).
(2) Monitoring requirements. A public water
system that uses a surface water source or a groundwater source under the
influence of surface water shall monitor in accordance with
40 C.F.R.
141.74(c).
Section 4. Disinfection of Treatment and
Distribution System Facilities, New and Repaired Water Lines.
(1) New construction projects and line
extensions.
(a) Disinfection. A water
treatment plant or distribution system, including storage distribution tanks,
or extensions to existing systems, shall be thoroughly disinfected before being
placed in service.
(b) A water
distribution system shall disinfect with chlorine or chlorine compounds in
amounts that shall produce a concentration of at least fifty (50) ppm and a
residual of at least twenty-five (25) ppm at the end of twenty-four (24) hours,
and the disinfection shall be followed by a thorough flushing.
(c) Other methods and testing procedures that
provide an equivalent level of protection may be used if the cabinet grants
prior written approval in accordance with
40 C.F.R.
141.21.
(d) A new water distribution line shall not
be placed into service until bacteriological samples taken at the points
specified in paragraph (f) of this subsection are examined and are shown to be
negative following disinfection.
(e) A water treatment plant or distribution
system shall submit to the cabinet results of bacteriological samples for each
new construction project, replacement, or extension to existing systems, after
the disinfection and flushing.
(f)
A sample shall be taken in the newly constructed line at each of the following
points:
1. Within 1,200 feet downstream of
each connection point between the existing and new lines;
2. One (1) mile intervals; and
3. Each dead end, without omitting any
branch.
(g) A new or
routine replacement line shall not be placed in service until negative
laboratory results are obtained on the bacteriological analyses.
(h) Sample bottles shall be clearly
identified as "special" construction tests, and the results submitted to the
cabinet shall be clearly marked as "special" samples.
(i)
1.
Notification of analytical results shall be submitted to the cabinet with the
routine monthly compliance bacteriological samples, unless the bacteriological
samples are to be used to lift a boil water advisory.
2. Samples used to lift a boil water advisory
shall be submitted to the cabinet as soon as results are known.
(2) Line repairs due to
breaks or ruptures.
(a) The system shall
thoroughly flush the break area and maintain at least a minimum disinfectant
residual, pursuant to Section 1(1) of this administrative regulation.
(b) The system may leave the line in service
or return the line to service before receiving bacteriological results and may
forego a boil water advisory if:
1. Pressure
is maintained;
2. The break area is
thoroughly flushed; and
3. At least
the minimum disinfectant residual is maintained, pursuant to Section 1(1) of
this administrative regulation.
(c)
1. The
system shall take at least two (2) bacteriological tests, one (1) located
before, or just upstream of, the break or rupture, and one (1) located behind,
or just downstream of, the break or rupture, as close to the break or rupture
as practical pursuant to
40 C.F.R.
141.21. Additional samples may be required,
if necessary to be representative of the area affected by the break.
2. Sample bottles shall be clearly identified
as "special" tests, and the results submitted to the cabinet shall be clearly
marked as "special" samples.
(d)
1.
Records of results shall be submitted to the cabinet with routine monthly
compliance samples, unless the samples are required to lift a boil water
advisory, and shall be maintained for one (1) year.
2. Samples needed to remove a boil water
advisory shall be submitted to the cabinet as soon as the results are
known.
(e) A water system
shall notify the cabinet immediately if:
1.
The pressure drops below twenty (20) pounds per square inch in the distribution
system surrounding the break; or
2.
A break or rupture occurs that requires more than eight (8) hours to repair,
with the eight (8) hours beginning when the water system becomes aware of the
break.
(f) Boil Water
Advisories shall be issued in accordance with
401
KAR 8:020, Section 3(9).
(g) Reports pursuant to
401
KAR 8:020, Section 3(7)(c) shall not be required for a
loss of pressure, break, or rupture occurring in service lines serving only one
(1) single family residence.
(h)
1. A community or nontransient noncommunity
public water system shall maintain a log of all breaks or ruptures, which shall
include the:
a. Date and location of the break
or rupture;
b. Time it was
discovered;
c. Population
affected;
d. Length of time
required to repair the break or rupture;
e. Date and time disinfectant residuals are
detected; and
f. Date and time
bacteriological samples are taken.
2. The log shall be available for inspection
by the cabinet.
Section 5. Uncovered Facility. A public or
semipublic water system subject to this administrative regulation shall not
begin construction of an uncovered finished water storage facility.
Section 6. Recycling. A public water system
shall comply with the requirements established in
40 C.F.R.
141.76.
Section 7. In addition to the other
requirements of this administrative regulation, for disinfection and
filtration, a public water system that uses surface water as a source and that
serves 10,000 or more persons, shall meet the requirements established in
40 C.F.R.
141.170 and
141.172
through
141.175.
Section 8. In addition to the other
requirements of this administrative regulation for disinfection and filtration,
a public water system that uses surface water as a source and that serves less
than 10,000 persons shall meet the requirements established in
40 C.F.R.
141.500 through
141.571.
Section 9. In addition to the other
requirements of this administrative regulation for disinfection and filtration,
a public water system that uses surface water as a source shall meet the
requirements for enhanced treatment for Cryptosporidium as established in 40
C.F.R. 141 Subpart W, 141.700 through 141.723.
Section 10. In addition to the other
requirements of this administrative regulation for disinfection and filtration,
a public water system that uses groundwater as a source shall comply with the
requirements established in
40 C.F.R.
141.400 through
141.405.
STATUTORY AUTHORITY:
KRS
224.10-100(28),
224.10-110(2),
40 C.F.R.,
141.21,
141.65,
141.70-141.76,
141.130(d),
141.400-141.405,
141.500-141.605,
141.700-141.723,
142.16,
42
U.S.C. 300f-300j-26