Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
211.220,
211.360,
211.970,
211.972,
211.974,
211.976,
211.981,
211.995
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) authorizes the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
211.980 authorizes the secretary to
promulgate administrative regulations relating to vehicle tank and equipment
requirements; conduct of business; approval of disposal or treatment sites and
methods; domestic septage treatment, land application, and surface disposal
sites; inspection and administrative enforcement procedures, including
suspension or revocation of licensing; injunctive action; and any other matters
deemed necessary to protect public health and the environment. This
administrative regulation establishes the requirements for issuing a permit to
operate a domestic septage storage or disposal site, the procedures for
operating a domestic septage storage or disposal site, and the inspection
process of treatment or disposal sites.
Section
1. Definitions.
(1) "Cabinet" is
defined by
KRS
211.970(2).
(2) "Certified inspector" means a specific
individual who has met the requirements for certification contained in
KRS
211.360.
(3) "Deep incorporation" means land
application by subsurface injection, trench disposal, or a
furrow-placement-cover operation.
(4) "Domestic septage" means liquid or solid
material removed from a septic tank, holding tank, portable toilet, Type III
marine sanitation device, or similar treatment works that receives only
domestic sewage. Domestic septage shall not include:
(a) Liquid or solid material removed from a
septic tank that contains commercial wastewater or industrial wastewater
processes;
(b) Similar treatment
works that receives commercial or industrial wastewater processes; or
(c) Grease removed from a grease trap at a
restaurant or similar grease producing business.
(5) "Grease" is defined by
KRS
211.970(3).
(6) "Land application" means:
(a) The spraying or spreading, while the
vehicle is in motion, of domestic septage mixed with grease at a ratio of three
(3) parts domestic septage to one (1) part grease onto the land
surface;
(b) The injection of
domestic septage below the land surface; or
(c) The incorporation of domestic septage
into the soil.
(7)
"Operator" means a person owning, operating, or controlling a septic tank
domestic septage servicing business or a person operating or owning a domestic
septage disposal, treatment, or recycling site, including their employees or
agents.
(8) "pH" means the
logarithm of the reciprocal of the hydrogen ion concentration.
(9) "Reclamation" means the approved
reclaiming of strip mine and construction sites for the disposal of domestic
septage.
(10) "Shallow
incorporation" means land application by surface spreading followed by plowing,
disking, or harrowing.
(11)
"Surface disposal site" means an area of land that is used for domestic septage
disposal.
Section 2.
Application for Permit to Operate.
(1)
(a) A person shall not construct or operate a
site for domestic septage disposal or domestic septage mixed with grease at a
ratio of three (3) parts domestic septage to one (1) part grease without having
first obtained a permit from the cabinet.
(b) A farm owner shall not be required to be
permitted as a disposal site if that farm properly disposes of less than 2,000
gallons of its own domestic septage per year. The farm shall be registered with
the local health department and the disposal of its own domestic septage on the
farm shall not contaminate the groundwater or surface water or create a public
health nuisance.
(2)
Form DFS-200, Application for Permit or License, incorporated by reference in
902 KAR 45:065, and
form DFS-345, Application for Site Evaluation and Permit to Operate a Disposal
Site, (12/18), shall be submitted to the local health department for the
initial application.
(3) The
disposal area where domestic septage is to be applied shall meet the
requirements of
902 KAR
10:150.
(4) The following documents shall be
submitted with the initial application or any time changes to the operation or
process occur:
(a) A plat or recording in the
local county clerk's office, an original and current 7.5 minute U.S. Geological
Survey Quadrangle topographical map with proposed site boundaries clearly
marked, or dimensioned site plan showing:
1.
Number of acres and site boundaries;
2. Structures and other facilities;
3. Approved disposal area;
4. Setback distances of features on and
adjacent to the site;
5. North and
prevailing wind direction; and
6.
Access roads and other features outside of the boundaries of the
site.
(b) Proposed
operations plan including:
1. Methods and
equipment for application or storage;
2. Land usage and the nitrogen requirement
for the crop or vegetation;
3.
Application rate; and
4. Pathogen
reduction and vector control plan.
(5)
(a) A
certification statement shall be submitted to the local health department
certified inspector with the initial permit application and annually
thereafter.
(b) This statement
shall read: "I certify, under penalty of law, that pathogen reduction and the
vector attraction reduction requirements have been met, and no changes to the
operation or process, as submitted in the original application, have occurred
as per
902 KAR
10:150. This determination has been made under my
direction and supervision in accordance with the system designed to ensure that
qualified personnel properly gather and evaluate the information used to
determine that the requirements have been met."
(6) A permit to operate shall be issued after
the owner or operator meets the requirements of this administrative regulation
and
902 KAR
10:150.
(7) The permit shall expire March 1 of each
year.
Section 3. Permit
and Inspection Fees.
(1) An annual permit fee
of $187 is assessed for each permitted site to cover the costs of reviewing
documentation and conducting inspections by the local health
department.
(2) Fees shall be made
payable to the local health department.
Section 4. Business Requirements.
(1) The operator of a domestic septage
disposal site shall:
(a) Refuse to accept any
type of waste for which the site is not approved.
(b) Maintain the site, facilities, and
equipment in a safe and sanitary condition.
(c) Direct and manage the unloading and
application of domestic septage to the site during the hours of
operation.
(d) Notify service
vehicle operators if the site is closed during normal working hours.
(e) Notify the local health department
certified inspector immediately of any person who discharges prohibited
waste.
(f) Submit a written closure
plan to the local health department prior to thirty (30) days of
closure.
(2) The owner
of a disposal site shall:
(a) Provide written
notification to the subsequent owner prior to the sale that the land was used
as a domestic septage disposal site.
(b) Maintain a list of the vehicle license
numbers, disposal method, location, and total number of gallons of domestic
septage or domestic septage mixed with grease received, retain these records
for five (5) years, and make these records available to the cabinet during
normal business hours.
Section 5. Approved Methods of Domestic
Septage Disposal.
(1) Domestic septage storage
facilities capable of holding three (3) times the storage capacity of the
largest pump truck, or at least 4,000 gallons, shall be provided at the
disposal site.
(2) Unless
previously added, sufficient alkali shall be applied to each application method
of domestic septage or domestic septage mixed with grease to raise the pH to
twelve (12) for thirty (30) minutes to control odors and vectors.
(3) Surface application and shallow
incorporation.
(a) Equipment used for surface
application shall have a spray bar, splash plate, or other device to evenly
distribute the domestic septage while the equipment is in motion. The device
shall be:
1. Designed to direct the contents
away from the vehicle; and
2.
Rinsed prior to it leaving the site.
(b) The domestic septage shall be surface
spread uniformly to prevent ponding.
(c) The site shall have a well-established
and maintained sod covering or approved vegetation unless the domestic septage
application is used to establish a vegetative cover in reclamation.
(d) Domestic septage on sites using shallow
incorporation shall be incorporated into the soil within six (6)
hours.
(e) Incorporation of
domestic septage shall follow the contour of the site to minimize erosion and
runoff.
(4) Deep
incorporation.
(a) Deep incorporation of
domestic septage shall follow the contour of the site to minimize soil erosion
and runoff.
(b) If approved,
trenches shall be a maximum of two (2) feet deep and two (2) to ten (10) feet
wide. Actual configuration of the width and linear dimensions may be restricted
by topography and soil conditions.
1. The
excavated soil from the trench or bed shall be placed on the uphill side to
control the movement of surface water into the trench or bed.
2. An additional application of alkali may be
required.
3. The trench shall be
covered with a minimum of one (1) foot of soil when it reaches its holding
capacity and has dewatered sufficiently.
4. Trenching of grease alone is
prohibited.
Section 6. Experimental Disposal Methods. The
following disposal methods shall be considered experimental and, if it is
determined that they are likely to have an adverse environmental impact, the
cabinet shall submit the application for review by the Energy and Environment
Cabinet:
(1) Lagoon;
(2) Wetlands;
(3) In-vessel composting;
(4) Static pile composting;
(5) Windrow composting;
(6) Recycling; and
(7) Other, similar proposed
methods.
Section 7.
Domestic Septage Disposal Site Maintenance.
(1) Sites shall be maintained to prevent the
creation of a public health hazard or degrading conditions to the
environment.
(2) The DFS-234,
Permit to Operate (12/18), shall be posted at the entrance of the disposal
site.
(3) A plot plan shall be
posted at the site showing the following information:
(a) Division of site by approved application
methods; and
(b) Number of gallons
of domestic septage applied.
(4) Access roads shall be maintained to
minimize dust and rutting.
(5)
Surface application shall not be applied during or immediately after inclement
weather or a hard freeze.
(6)
Warning signs, fencing, or barriers shall be required to prevent unauthorized
entry into the disposal area.
Section
8. Inspection Procedures.
(1) At
least one (1) time every calendar year the local health department certified
inspector shall inspect:
(a)
Vehicles;
(b) Equipment;
(c) Domestic septage storage facilities used
at the site; and
(d) The domestic
septage disposal site.
(2) The cabinet shall have the right of
access to inspect vehicles, equipment, domestic sep-tage storage locations, and
the domestic septage disposal sites during normal hours of operation. The right
of access at all times shall not be denied if there is a potential imminent
health hazard.
(3) The findings
shall be recorded on Form DFS-315, Inspection Report, (1/19), and a copy of the
inspection report shall be provided to the owner or operator.
(4) If a violation is found, the inspection
report shall:
(a) Set forth the specific
violation;
(b) Set a time period
for correcting the violation; and
(c) State that failure to comply with any
notice issued pursuant to
KRS
211.970 to
211.981
and this administrative regulation may result in initiation of the enforcement
proceedings in Section 9 of this administrative regulation and
KRS
211.995.
Section 9. Administrative Enforcement
Procedures.
(1) A permit may be suspended or
revoked upon evidence that the operator:
(a)
Knowingly violates the provisions of
KRS
211.970 to
211.981
or this administrative regulation;
(b) Accepts prohibited wastes;
(c) Practices fraud or deception in applying
for a permit;
(d) Fails to pay
required fees;
(e) Is incompetent
to operate a domestic septage disposal site; or
(f) Interferes with the cabinet in the
performance of its duties.
(2) An administrative conference shall be
provided, after request by the operator, if:
(a) A permit is denied, suspended, or
revoked; or
(b) An inspection
indicates failure to comply with the requirements of
KRS
211.970 to
211.981
or this administrative regulation.
(3) The request for an administrative
conference shall be made in writing on Form DFS-212, Request for Conference,
incorporated by reference in
902 KAR
1:400.
(4)
Service of process and proof of service shall comply with
KRS
211.220.
(5) An injunction may be obtained by the
cabinet or local health department if immediate action is necessary to prevent
the creation or continuance of a health hazard, damage to the environment, or
to compel compliance with
KRS
211.970 to
211.981
and this administrative regulation.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "DFS-234, Permit to Operate a
Disposal Site", (12/18);
(b)
"DFS-315, Inspection Report", (1/19); and
(c) "DFS-345, Application for Site Evaluation
and Permit to Operate a Disposal Site", (12/18).
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Public
Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday,
8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.980,