Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:002 - Definitions for 401 KAR Chapter 5

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.1-070,
				224.1-400,
				224.70-100,
				224.70-120,
				224.99-010, 40 C.F.R.
				35, 116, 122, 130, 131, 133, 136, 141, 401-471,
				15 U.S.C.
				2601 -
				2629,
				33 U.S.C.
				1251 -
				1387,
				42 U.S.C.
				6901-6992k,
				7401
				-
				7671q,
				9601,
				11023
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of all water pollution. This administrative regulation establishes
				definitions for terms used in 401 KAR Chapter 5. These definitions are not more
				stringent than the federal counterparts.
Section
			 1. Definitions.
(1) "Abandoned
			 well" means a well not currently in use and not intended for future
			 use.
(2) "Activity" means, in
			 401 KAR
			 5:050 through
			 401
			 KAR 5:080 and if used in conjunction with "facility",
			 a KPDES point source, or other activity, including land or related
			 appurtenances, that is subject to regulation under the KPDES program.
(3) "Administrator" is defined by
			 40
			 C.F.R. 122.2.
(4) "Agriculture operation" is defined by
			 KRS
			 224.71-100.
(5) "Agricultural wastes handling system"
			 means a structure or equipment that conveys, stores, or treats manure from an
			 animal feeding operation prior to land application.
(6) "Alternative effluent limitations" is
			 defined by
			 40
			 C.F.R. 125.71(a).
(7) "Analysis category" means one (1) of the
			 following analyte groups for which an analysis can be performed by a wastewater
			 laboratory:
(a) Inorganic general
			 chemistry;
(b) Inorganic
			 metals;
(c) Organic chemistry
			 volatiles;
(d) Organic chemistry
			 semi-volatiles;
(e) Organic
			 chemistry pesticides, herbicides, or PCBs;
(f) Organic chemistry dioxins;
(g) Microbiology;
(h) Whole effluent toxicity; and
(i) Field analysis.
(8) "Animal feeding operation" or "AFO" is
			 defined by
			 40
			 C.F.R. 122.23(b).
(9) "Applicable standards and limitations"
			 means all standards and limitations to which a discharge or a related activity
			 is subject pursuant to KRS Chapter 224 and 401 KAR Chapters 4 through 11,
			 including effluent limitations, water quality standards, standards of
			 performance, or toxic effluent standards.
(10) "Application" means the documentation
			 submitted by an applicant to the cabinet that provides information used by the
			 cabinet to make a final determination to issue or deny a permit or
			 certification.
(11) "Approved POTW
			 pretreatment program", "POTW pretreatment program", "pretreatment program", or
			 "program" means a program administered by a POTW that meets the criteria
			 established in
			 401
			 KAR 5:055 and that has been approved by the
			 cabinet.
(12) "Aquaculture project"
			 is defined by
			 40
			 C.F.R.
			 122.25(b)(1).
(13) "Authorized representative" is defined
			 by
			 40
			 C.F.R. 122.22.
(14) "Available" means located within the
			 planning area and:
(a) Located within one and
			 zero-tenths (1.0) mile of a regional facility for a WWTP with an average daily
			 design capacity larger than 1,000 gpd; or
(b) For new construction if the distance is
			 one and zero-tenths (1.0) mile or more, where it is cost-effective to connect
			 as determined by a twenty (20) year present worth cost
			 analysis.
(15) "BAT"
			 means best available technology economically achievable.
(16) "Best management practices" or "BMPs"
			 means:
(a) For agriculture operations, as
			 defined by
			 KRS
			 224.71-100; or
(b) For all other purposes:
1. Schedules of activities, prohibitions of
			 practices, maintenance procedures, and other management practices to prevent or
			 reduce the pollution of waters of the commonwealth; and
2. Treatment requirements, operating
			 procedures, practices to control site run-off, pollution of surface water and
			 groundwater from nonpoint sources, spillage or leaks, sludge or waste disposal,
			 or drainage from raw material storage.
(17) "Biochemical oxygen demand", "BOD", or
			 "BOD5" is defined by
			 40
			 C.F.R. 133.101(d).
(18) "Borehole" means a hole drilled into the
			 subsurface for exploratory or sampling purposes.
(19) "BPT" means best practicable technology
			 currently available.
(20) "Building
			 sewer" means that part of the drainage system that extends from the end of the
			 building drain, beginning two (2) feet outside the building wall, and conveys
			 its discharge to a downstream manhole, sewer line, pump station, or sewage
			 disposal system.
(21) "Bulk
			 quantities" means undivided quantities of any substance equal to or greater
			 than fifty-five (55) U.S. gallons liquid measure or 100 pounds net dry weight
			 transported or held in an individual container.
(22) "Bypass" means the intentional diversion
			 of sewage or waste-streams from a portion of a facility or industrial user's
			 treatment facility.
(23)
			 "Carbonaceous biochemical oxygen demand" or "CBOD" means BOD, not including the
			 nitrogenous oxygen demand of the wastewater.
(24) "Certified", for
			 401 KAR
			 5:320, means that the cabinet has determined that a
			 wastewater laboratory complies with the regulatory performance criteria and the
			 standard of quality established in
			 401 KAR
			 5:320 and has issued a certification.
(25) "Certified operator" means an individual
			 who holds an active certified operator's certificate issued in accordance with
			 401 KAR
			 11:050.
(26) "cfm" means cubic feet per
			 minute.
(27) "Chronic toxicity"
			 means lethality, reduced growth or reproduction or other harmful effect
			 sustained by either indigenous aquatic organisms or representative indicator
			 organisms used in toxicity tests due to long-term exposures, relative to the
			 life span of the organisms or a significant portion of their life span, due to
			 toxic substances or mixtures of toxic substances.
(28) "Combined sewer" or "combined sewer
			 line" means a sewer or sewer line designed to carry stormwater runoff as well
			 as sanitary wastewater.
(29)
			 "Combined sewer overflow" or "CSO" means the flow from a combined sewer in
			 excess of the interceptor or regulator capacity that is discharged into a
			 receiving water without going to a POTW.
(30) "Commercial" means services at stores,
			 offices, restaurants, warehouses, and other service and nonmanufacturing
			 activities, excluding households and industries.
(31) "Concentrated animal feeding operation"
			 or "CAFO" is defined by
			 40
			 C.F.R.
			 122.23(b)(2).
(32) "Consolidation sewer" means a conduit,
			 without direct sanitary connections that intercepts and transports combined
			 sewer storm overflows to a treatment facility or a single combined sewer
			 overflow point.
(33) "Container"
			 means any portable enclosure in which a material is stored, transported,
			 treated, disposed, or otherwise handled.
(34) "Continuous facility discharge" means a
			 discharge that occurs without interruption throughout the operating hours of
			 the facility, except for infrequent shutdowns for maintenance, process changes,
			 or other similar activities.
(35)
			 "Conventional pollutant" is defined by
			 40 C.F.R.
			 401.16.
(36) "Core hole" means a hole drilled for the
			 purpose of obtaining a rock sample.
(37) "Corrective action", for
			 401 KAR
			 5:037, means an activity or measure taken to remedy
			 groundwater pollution.
(38) "Date
			 of program approval" means September 30, 1983, the effective date of the
			 administrator's approval of Kentucky's KPDES regulatory program pursuant to
			 33 U.S.C. Section
			 1342.
(39) "Day" means a twenty-four (24) hour
			 period.
(40) "Design flow" means
			 the long-term daily average flow the wastewater treatment plant can treat and
			 remain in compliance with the overall performance requirements during its
			 design life.
(41) "Direct
			 discharge" means the discharge of a pollutant into waters of the commonwealth
			 if the discharge is not included under the definition of indirect discharger
			 and does not include a discharge of animal waste onto land by land application
			 if the discharge does not reach the waters of the commonwealth.
(42) "Disappearing stream" means an
			 intermittent or perennial surface stream that terminates and drains underground
			 through caves, fractures, or swallets in the stream bed.
(43) "Discharge" or "discharge of a
			 pollutant" means the addition of a pollutant or combination of pollutants to
			 waters of the commonwealth from a point source.
(44) "Discharge monitoring report" or "DMR"
			 means the report including any subsequent additions, revisions, or
			 modifications, for the reporting of self-monitoring results by KPDES
			 permittees.
(45) "Division" means
			 the Kentucky Division of Water, within the Department for Environmental
			 Protection, Energy and Environment Cabinet.
(46) "Domestic" means relating to household
			 wastes or other similar wastes. It is used to distinguish municipal, household,
			 or commercial water or wastewater services from industrial water or wastewater
			 services.
(47) "Domestic sewage"
			 means sewage devoid of industrial or other wastes and that is typical of waste
			 received from residential facilities. It may include wastes from commercial
			 developments, schools, restaurants, and other similar developments.
(48) "Draft permit" means a document prepared
			 pursuant to
			 401
			 KAR 5:075 indicating the cabinet's preliminary
			 decision to issue or deny, modify, revoke and reissue, revoke, or reissue a
			 permit. It includes a notice of intent to revoke a permit and a notice of
			 intent to deny a permit as provided in
			 401
			 KAR 5:075. It does not include a proposed permit; a
			 denial of a request for modification, revocation, and reissuance; or a denial
			 of a request for revocation.
(49)
			 "Effluent ditch" means that portion of a treatment system that is a discrete,
			 person-made conveyance, either totally owned, leased or under valid easement by
			 the discharger that transports a discharge to surface waters of the
			 commonwealth.
(50) "Effluent
			 limitation" is defined by
			 KRS
			 224.1-010.
(51) "Effluent limitations guideline" is
			 defined by
			 40
			 C.F.R. 122.2.
(52) "Environmental Protection Agency",
			 "EPA", or "U.S. EPA" means the U.S. Environmental Protection Agency.
(53) "E. coli" or "Escherichia coli" means an
			 aerobic and facultative anaerobic gram negative, nonspore forming, rod shaped
			 bacterium that is ortho-nitrophenyl-B-D-galactopyranoside (ONPG) positive, and
			 Methylumbelliferyl glucuronide (MUG) positive. It is a member of the indigenous
			 fecal flora of warm-blooded animals.
(54) "Equivalency of certification", for
			 401 KAR
			 5:320, means certification of a wastewater laboratory
			 by an entity, other than the cabinet, whose requirements for certification are
			 determined by the cabinet to comply with the requirements of
			 401 KAR
			 5:320.
(55) "Exceptional water" means a surface
			 water categorized as exceptional by the cabinet pursuant to
			 401 KAR
			 10:030.
(56) "Excessive infiltration" means a high
			 groundwater period induced peak infiltration rate that:
(a) Results in an operational problem and
			 permit violation at the WWTP or results in recurring overflows from the sewer
			 system or the WWTP; and
(b) Does
			 not include:
1. An overflow that results from
			 blockages, power failures or other temporary mechanical failures, or flood
			 waters entering the sewer system directly; or
2. A resulting overflow if an overflow occurs
			 at a KPDES permitted overflow point that is in compliance with its permit
			 requirements.
(57) "Excessive inflow" means a rainfall
			 induced peak inflow rate that:
(a) Results in
			 operational problems and permit violations at the WWTP or results in recurring
			 overflows from the sewer system or the WWTP; and
(b) Does not include:
1. A combined sewer system if an overflow
			 occurs at a KPDES permitted overflow point that is in compliance with its
			 permit requirements; or
2. An
			 overflow that results from blockages, power failures or other temporary
			 mechanical failures, or flood waters entering the sewer system
			 directly.
(58)
			 "Facility" means:
(a) In
			 401
			 KAR 5:005 or
			 401
			 KAR 5:006, a sewage system as defined by
			 KRS
			 224.1-010 except for septic tanks,
			 pretreatment facilities regulated by an approved pretreatment program or
			 inter-municipal agreement, and disposal wells as used in
			 401
			 KAR 5:090; or
(b) In
			 401 KAR
			 5:050 through
			 401
			 KAR 5:080 and if used in conjunction with activity,
			 any KPDES point source, or any other facility, including land or related
			 appurtenances, that is subject to regulation under the KPDES
			 program.
(59) "Field
			 analysis" means a measuring of:
(a)
			 Conductivity;
(b) Dissolved
			 oxygen;
(c) pH;
(d) Residual chlorine;
(e) Sulfite;
(f) Temperature; and
(g) Turbidity.
(60) "Flood relief sewer" means a conduit,
			 without direct sanitary connections, that is used to transport sewage if a
			 flood control structure or overflow detention basin is in operation.
(61) "Field-only wastewater laboratory" means
			 a wastewater laboratory that performs a measurement for only the parameters
			 identified as field analysis, regardless of if the measurement takes place
			 outdoors, in an on-site room used as a laboratory, or in an off-site
			 laboratory.
(62) "Floor drain"
			 means an opening in the floor used to collect spills, water, or other
			 liquids.
(63) "Force main" means a
			 conduit used to transport sewage from a pump discharge to a sewer line, pump
			 station, or WWTP.
(64) "General
			 permit" means a:
(a) "General permit" as
			 defined by
			 40
			 C.F.R. 122.2; or
(b) A KPDES permit issued pursuant to
			 401
			 KAR 5:055 authorizing a category of discharges or
			 non-discharging facilities under KRS Chapter 224 within a geographical
			 area.
(65) "General
			 wastewater laboratory" means a wastewater laboratory that performs an analysis
			 for at least one (1) analysis category other than field analysis, regardless of
			 if the general wastewater laboratory also performs a field analysis
			 measurement.
(66) "Generic
			 groundwater protection plan" means a groundwater protection plan that can be
			 applied to activities conducted at different locations because the activities
			 are substantially identical and because the potentials of the activities to
			 pollute groundwater are substantially the same.
(67) "GPD" or "gpd" means gallons per
			 day.
(68) "Groundwater" means the
			 subsurface water occurring in the zone of saturation beneath the water table
			 and perched water zones below the B soil horizon including water circulating
			 through fractures, bedding planes, and solution conduits.
(69) "Groundwater pollution" means "water
			 pollution" as defined by
			 KRS
			 224.1-010 of groundwaters of the
			 Commonwealth.
(70) "Hydrogeologic
			 sensitivity" means an assessment of the potential ease and speed of vertical
			 infiltration or recharge of a liquid through the soil and the unsaturated zones
			 combined with assessments of the maximum potential flow rate and dispersion
			 potential after entry into the principal or uppermost saturated zone.
(71) "Industrial" means manufacturing or
			 industrial processes, including:
(a) Electric
			 power generation;
(b) Fertilizer or
			 agricultural chemicals;
(c) Food
			 and related products or by products;
(d) Inorganic chemicals;
(e) Iron and steel manufacturing;
(f) Leather and leather products;
(g) Nonferrous metals manufacturing or
			 foundries;
(h) Organic
			 chemicals;
(i) Plastics and resins
			 manufacturing
(j) Pulp and paper
			 manufacturing;
(k) Rubber and
			 miscellaneous plastic products;
(l)
			 Stone, glass, clay, and concrete products;
(m) Textile manufacturing;
(n) Transportation equipment; and
(o) Water treatment.
(72) "Industrial wastewater treatment plant"
			 or "IWWTP" means a privately owned WWTP with more than ninety (90) percent of
			 the influent flow from sources of industrial waste.
(73) "Infiltration" is defined by
			 40
			 C.F.R. 35.2005.
(74) "Inflow" is defined by
			 40
			 C.F.R. 35.2005.
(75) "Injection" means a type of land
			 application in which the waste is placed directly beneath the land
			 surface.
(76) "Interference" is
			 defined by
			 40
			 C.F.R. 403.3(k).
(77) "Interim certification", for
			 401 KAR
			 5:320, means a wastewater laboratory certification
			 approved by the cabinet if the cabinet determines through documentation review
			 that the wastewater laboratory complies with the requirements of
			 401 KAR
			 5:320. Interim certification is applicable to
			 method-analyte pairing until the cabinet has a completed an on-site audit for
			 that method-analyte pairing.
(78)
			 "Intermediate facility" means an intermediate WWTP or a sewer line of 2,500
			 feet to 5,000 feet in length including appurtenances.
(79) "Intermediate nonpublicly-owned
			 treatment works" means a facility with a design flow rate of between 10,000 gpd
			 and 49,999 gpd of wastewater containing only conventional pollutants and that
			 is not a POTW.
(80) "Intermediate
			 WWTP" means a WWTP with an average daily design capacity of 10,000 to 49,999
			 gpd.
(81) "Interstate agency" means
			 an agency of which Kentucky and one (1) or more states is a member established
			 by or under an agreement or compact, or any other agency, of which Kentucky and
			 one (1) or more other states are members, having substantial powers or duties
			 pertaining to the control of pollution as determined and approved by the
			 secretary or administrator pursuant to
			 33 U.S.C.
			 1251 -
			 1387
			 or KRS Chapter 224.
(82) "Karst"
			 means the type of geologic terrain underlain by carbonate rocks where
			 significant solution of rock has occurred due to flowing groundwater.
(83) "Kentucky Intersystem Operational
			 Permit" or "KISOP" means a permit issued pursuant to
			 401
			 KAR 5:005 for operating a sewer system that has more
			 than 5,000 linear feet of sewer line that discharges to a sewer system, or a
			 WWTP that is owned by another person.
(84) "Kentucky No Discharge Operational
			 Permit" or "KNDOP" means a permit issued pursuant to
			 401
			 KAR 5:005 for operating a WWTP that does not have a
			 discharge to a stream, including agricultural waste handling systems and spray
			 irrigation systems.
(85) "Kentucky
			 Pollutant Discharge Elimination System" or "KPDES" means the Kentucky program
			 for issuing, modifying, revoking and reissuing, revoking, monitoring and
			 enforcing permits to discharge, and imposing and enforcing pretreatment
			 requirements.
(86) "Key personnel"
			 means a wastewater laboratory employee who:
(a) Performs or supervises sample analysis or
			 quality assurance;
(b) Is a primary
			 analyst or technician as defined in this administrative regulation;
			 or
(c) Is primarily responsible for
			 or essential to wastewater laboratory daily operations.
(87) "KPDES permit" means a Kentucky
			 Pollutant Discharge Elimination System permit issued to a facility, including a
			 POTW, or activity pursuant to KRS Chapter 224 for the purpose of operating the
			 facility or activity.
(88) "Land
			 application" means the uniform placement of animal waste on or in the soil by
			 spraying or spreading on the surface, incorporation into the soil, or injection
			 directly beneath the surface.
(89)
			 "Land application area" is defined by
			 40
			 C.F.R.
			 122.23(b)(3).
(90) "Land treatment" or "land disposal"
			 means the application or incorporation of a pollutant onto or into the
			 soil.
(91) "Large animal feeding
			 operation" means an AFO that stables or confines as many as or more than the
			 numbers of animals specified in any of the following categories:
(a) 700 mature dairy cows, whether milked or
			 dry;
(b) 1,000 veal
			 calves;
(c) 1,000 cattle other than
			 mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, or
			 cow or calf pairs;
(d) 2,500 swine
			 each weighing fifty-five (55) pounds or more;
(e) 10,000 swine each weighing less than
			 fifty-five (55) pounds;
(f) 500
			 horses;
(g) 10,000 sheep or
			 lambs;
(h) 55,000
			 turkeys;
(i) 30,000 laying hens or
			 broilers, if the AFO uses a liquid manure handling system;
(j) 125, 000 chickens other than laying hens,
			 if the AFO uses other than a liquid manure handling system;
(k) 82,000 laying hens, if the AFO uses other
			 than a liquid manure handling system;
(l) 30,000 ducks, if the AFO uses other than
			 a liquid manure handling system; or
(m) 5,000 ducks, if the AFO uses a liquid
			 manure handling system.
(92) "Large concentrated animal feeding
			 operation" is defined by
			 40
			 C.F.R.
			 122.23(b)(4).
(93) "Large facility" means a WWTP with an
			 average daily design capacity of 50,000 GPD or more, or a sewer line of more
			 than 5,000 feet in length including appurtenances.
(94) "Large nonpublicly-owned treatment
			 works" means a facility that has a design flow rate of greater than or equal to
			 50,000 gpd of wastewater containing only conventional pollutants and that is
			 not a POTW.
(95) "Large WWTP" means
			 a WWTP with an average daily design capacity of 50,000 GPD or more.
(96) "Loading and unloading area" means an
			 area used for loading and unloading, and related handling of raw materials,
			 intermediate substances, products, wastes, or recyclable materials. Loading and
			 unloading areas include areas used to load and unload drums, trucks, and
			 railcars.
(97) "Long-term CSO
			 control plan" means a control plan that complies with the Combined Sewer
			 Overflow Control Policy issued by the U.S. EPA in the "Federal Register" on
			 April 19, 1994 (59 FR 18688).
(98)
			 "Manure" is defined by
			 40
			 C.F.R.
			 122.23(b)(5).
(99) "Maintenance replacement" means
			 replacement of:
(a) Existing component parts
			 with component parts that have similar characteristics and capacity;
			 or
(b) A section of sewer or force
			 main with the same size, alignment, and slope; and
(c) Does not include replacement of an entire
			 WWTP with a new WWTP.
(100) "Major facility" means a KPDES facility
			 or activity classified as a major facility by the cabinet in cooperation with
			 the regional administrator. Designation as a major industry as used in
			 KRS
			 224.70-120 does not indicate automatic
			 classification as a major facility.
(101) "Major industry" means a fee category
			 as established in
			 401 KAR
			 5:310 for an industry that generates and discharges
			 process-related wastewater while engaged in commercial activities including
			 resource recovery, manufacturing, products distribution, or wholesale and
			 retail trade. Each has a design flow rate of greater than or equal to 50,000
			 gpd of process wastewater containing conventional, nonconventional, or thermal
			 pollutants. A major industry designation is not a criterion for classification
			 as a major facility.
(102) "Major
			 municipal separate storm sewer outfall" or "major outfall" is defined by
			 40
			 C.F.R.
			 122.26(b)(5).
(103) "Measurement" means the ability of the
			 analytical method or protocol to quantify as well as identify the presence of
			 the substance in question.
(104)
			 "Medium concentrated animal feeding operation is defined by
			 40
			 C.F.R.
			 122.23(b)(6).
(105) "ng/l" means micrograms per liter, same
			 as ppb, assuming unit density.
(106) "mgd" or "MGD" means million gallons
			 per day.
(107) "Milligrams per
			 liter" or "mg/l" means the milligrams of substance per liter of solution and is
			 equivalent to parts per million in water, assuming unit density.
(108) "Minor industry" means a fee category
			 as established in
			 401 KAR
			 5:310 for an industry that generates and discharges
			 process-related wastewater while engaged in commercial activities and has a
			 design flow rate of less than 50,000 gpd of process wastewater containing
			 conventional, nonconventional, or thermal pollutants.
(109) "Minor modification to a WWTP" means a
			 modification that does not change the WWTP average daily design hydraulic or
			 organic treatment capacity of the WWTP or discharge location.
(110) "Mixing zone" means a domain of a water
			 body contiguous to a treated or untreated wastewater discharge with quality
			 characteristics different from those of the receiving water. The discharge is
			 in transit and progressively diluted from the source to the receiving system.
			 The mixing zone is the domain where wastewater and receiving water
			 mix.
(111) "Municipal separate
			 storm sewer system" or "MS4" is defined by
			 40
			 C.F.R.
			 122.26(b)(8).
(112) "Municipality" means a city, district,
			 or other public body created by or under the Kentucky Revised Statutes and
			 having jurisdiction over disposal of sewage, industrial wastes, or other
			 wastes, or a designated and approved management agency pursuant to
			 33 U.S.C.
			 1288.
(113) "National Pollutant Discharge
			 Elimination System" or "NPDES" is defined by
			 40
			 C.F.R. 122.2.
(114) "National pretreatment standard",
			 "pretreatment standard", or "standard" is defined by
			 40
			 C.F.R. 403.3(l).
(115) "Natural Resources Conservation
			 Service" or "NRCS" means the organization created pursuant to
			 7
			 U.S.C. 6962 in the U.S. Department of
			 Agriculture.
(116) "New discharger"
			 is defined by
			 40
			 C.F.R. 122.2.
(117) "New source" is defined by
			 40
			 C.F.R. 122.2.
(118) "Nonpoint" means any source of
			 pollutants not defined by a point source.
(119) "Nutrient management plan" means the
			 plan for an individual operation developed for the purpose of recycling
			 nutrients from animal waste onto cropland or pasture.
(120) "On-site sewage disposal system",
			 "on-site sewage system", and "on-site system" means a complete system installed
			 on a parcel of land, under the control or ownership of any person, which
			 accepts sewage for treatment and ultimate disposal under the surface of the
			 ground, including:
(a) A conventional system
			 consisting of sewage pretreatment unit, distribution box, and lateral piping
			 within rock-filled trenches or beds;
(b) A modified system consisting of a
			 conventional system enhanced by shallower trench or bed placement, artificial
			 drainage systems, dosing, alternating lateral fields, fill soil over the
			 lateral field, or other necessary modifications to the site, system, or
			 wasteload to overcome the site limitations;
(c) An alternative system consisting of a
			 sewage pretreatment unit, necessary site modifications, wasteload
			 modifications, and a subsurface soil absorption system using other methods and
			 technologies than a conventional or modified system to overcome site
			 limitations;
(d) Cluster systems
			 that accept effluent from more than one (1) structure's or facility's sewage
			 pretreatment unit and transport the collected effluent through a sewer system
			 to one (1) or more common subsurface soil absorption systems or conventional,
			 modified, or alternative design; and
(e) A holding tank that provides limited
			 pretreatment and storage for off-site disposal in situations in which site
			 limitations preclude immediate installation of a subsurface soil absorption
			 system or connection to a municipal sewer.
(121) "Operator" means a person involved in
			 the operation of a facility or activity.
(122) "Other wastes" means sawdust, bark or
			 other wood debris, garbage, refuse, ashes, offal, tar, oil, chemicals, acid
			 drainage, wastes from agricultural enterprises, and other foreign substances
			 not included within the definitions of industrial wastes and sewage that may
			 cause or contribute to the pollution of waters of the commonwealth.
(123) "Outfall" means, for municipal separate
			 storm sewers, a point source at the point where a municipal separate storm
			 sewer discharges to waters of the Commonwealth, but does not include open
			 conveyances connecting two (2) municipal separate storm sewers, or pipes,
			 tunnels, or other conveyances that connect segments of the same stream or other
			 waters of the Commonwealth and are used to convey waters of the
			 Commonwealth.
(124) "Outstanding
			 state resource water" means a surface water designated by the cabinet as an
			 outstanding state resource water pursuant to
			 401 KAR
			 10:031.
(125) "Overburden" means material of any
			 nature, consolidated or unconsolidated, that overlies a mineral deposit,
			 excluding topsoil or similar naturally-occurring surface materials that are not
			 disturbed by mining operations.
(126) "Overflow" means any intentional or
			 unintentional diversion of flow from a facility.
(127) "Owner" means a person who has legal
			 ownership of a facility or activity regulated pursuant to 401 KAR Chapter
			 5.
(128) "Package WWTP" means a
			 factory-built WWTP that is transported to and assembled or set in place at the
			 site.
(129) "Permit" means, as used
			 in
			 401
			 KAR 5:005 or
			 401
			 KAR 5:006:
(a) A
			 document issued by the cabinet that authorizes the permittee to construct,
			 modify, or operate a facility; or
(b) A KPDES permit.
(130) "Pesticide" means a substance or
			 mixture of substances intended to:
(a)
			 Prevent, destroy, control, repel, attract, or mitigate any pest;
(b) Be used as a plant regulator, defoliant,
			 or desiccant; or
(c) Be used as a
			 spray adjuvant.
(131)
			 "Plan of study" means a report that contains the following information required
			 for a regional facility plan by
			 401
			 KAR 5:006, Section 2:
(a) Planning area maps;
(b) A discussion of the need for sewer
			 service in the area;
(c) Population
			 projections; and
(d) An estimation
			 of the twenty (20) year cost by category.
(132) "Planning area" means the geographic
			 area proposed to be served by a regional planning agency in a projected twenty
			 (20) year period.
(133) "Point
			 source" is defined by
			 33
			 U.S.C. 1362(14). The term
			 does not include agricultural stormwater run-off or return flows from irrigated
			 agriculture.
(134) "Pollutant" is
			 defined by
			 KRS
			 224.1-010.
(135) "POTW" means publicly owned treatment
			 works as defined in
			 KRS
			 224.1-010.
(136) "POTW treatment plant" is defined by
			 40
			 C.F.R. 403.3(r).
(137) "Pretreatment" is defined by
			 40
			 C.F.R. 403.3(s).
(138) "Pretreatment requirement" is defined
			 by 40 C.F.R.
			 403.3(r).
(139) "Pretreatment standard" means a
			 national pretreatment standard.
(140) "Primary analyst or technician" means
			 an analyst or technician who performs a specific method-analyte pairing
			 analysis more often than any other analyst or technician at that wastewater
			 laboratory.
(141) "Primary
			 responsibility" means:
(a) Personal,
			 first-hand responsibility to conduct or actively oversee and direct procedures
			 and practices necessary to ensure that the wastewater treatment plant or
			 wastewater collection system is operated in accordance with accepted practices
			 and with KRS Chapter 224 and 401 KAR Chapters 5 and 11, and
(b) Having the authority to conduct the
			 procedures and practices necessary to ensure that the wastewater system or any
			 portion thereof is operated in accordance with accepted practices, laws, and
			 administrative regulations of the commonwealth, or to supervise others in
			 conducting these practices.
(142) "Privately owned treatment works" is
			 defined by
			 40
			 C.F.R. 122.2.
(143) "Production area" means, for animal
			 feeding operations, the area defined by
			 40
			 C.F.R.
			 122.23(b)(8).
(144) "Professional engineer" or "engineer"
			 is defined by
			 KRS
			 322.010(2).
(145) "Project priority list" means the list
			 developed by the cabinet pursuant to KRS Chapter 224A that includes a priority
			 ranking of applicants for the construction of wastewater treatment works under
			 33 U.S.C.
			 1313(e)(3)(H).
(146) "Proposed permit" means a KPDES permit
			 prepared after the close of the public comment period and, if applicable, any
			 public hearing and administrative appeals that are sent to U.S. EPA for review
			 before final issuance by the cabinet. A proposed permit is not a draft
			 permit.
(147) "Public water system"
			 is defined by
			 40
			 C.F.R. 141.2.
(148) "Publicly owned treatment works" or
			 "POTW" is defined by
			 KRS
			 224.1-010.
(149) "RCRA" means the Resource Conservation
			 Recovery Act as amended,
			 42 U.S.C.
			 6901 -
			 6992k.
(150) "Recommencing discharger" means a
			 source that recommences discharge after terminating operations.
(151) "Recurring discharge" means, as it
			 relates to a sewer system overflow, a discharge that occurs two (2) or more
			 times in a twelve (12) month period.
(152) "Regional administrator" means the
			 regional administrator of the Region IV office of the U.S. EPA or the
			 authorized representative of the regional administrator.
(153) "Regional facility" means a facility
			 that is:
(a) Owned by a city, county, or other
			 public body created by KRS Chapter 67, 67A, 74, 76, 96, 108, or 220;
			 and
(b) Designated by a regional
			 facility plan or water quality management plan to provide wastewater
			 collection, transportation, or treatment services for a specific
			 area.
(154) "Regional
			 facility plan" means a type of water quality management plan addressing point
			 sources of pollution for the purpose of areawide waste treatment management
			 planning prepared by the designated regional planning agency pursuant to
			 33 U.S.C.
			 1251 -
			 1387
			 to control point sources of pollution within a planning area.
(155) "Regional planning agency" means a
			 governmental agency, such as a city, county, or other public body created by
			 KRS Chapter 67, 67A, 74, 76, 96, 108, or 220, that has been designated pursuant
			 to
			 33 U.S.C.
			 1288 and 40 C.F.R. 130 to provide planning
			 for the treatment of wastewater and for controls and recommendations relating
			 to wastewater for a particular area; and those existing agencies that have
			 developed plans pursuant to
			 33 U.S.C.
			 1281,
			 1285,
			 1288,
			 and
			 1313(e)
			 to provide planning related to wastewater collection, transportation, or
			 treatment for a particular area.
(156) "Regional sewage collection system"
			 means a sewage collection system designated by a regional planning agency that
			 is owned by a city, county, or other public body that was created by KRS
			 Chapter 67, 67A, 74, 76, 96, 108, or 220.
(157) "Run-off coefficient" means the
			 fraction of total rainfall that will appear at a conveyance as
			 run-off.
(158) "SARA" means the
			 Superfund Amendments and Reauthorization Act,
			 42
			 U.S.C. 9601 -
			 9675.
(159) "Schedule of compliance" means a
			 schedule of remedial measures included in a permit, including an enforceable
			 sequence of interim requirements leading to compliance with KRS Chapter 224 and
			 401 KAR Chapters 4 through 11.
(160) "SDWA" means Safe Drinking Water Act,
			 42
			 U.S.C. 300f -
			 300j-26.
(161) "Secondary treatment" means that degree
			 of treatment that results in an effluent quality that meets the minimum
			 requirements of
			 401
			 KAR 5:045.
(162) "Service area" means that geographic
			 area currently being served by a regional facility.
(163) "Seven-Q-ten" or "7Q10" means that
			 minimum average flow that occurs for seven (7) consecutive days with a
			 recurrence interval of ten (10) years.
(164) "Sewage" means the water-carried human
			 or animal wastes from residences, buildings, or other places, together with
			 industrial wastes or underground, surface, storm, or other water as may be
			 present.
(165) "Sewage sludge" is
			 defined by
			 40
			 C.F.R. 122.2.
(166) "Sewer line" means a device used for
			 collecting, transporting, pumping, or disposing of sewage, but not a building
			 sewer that serves an individual building. A sewer line begins at the junction
			 of two (2) building sewers that serve different buildings. Sewer lines include
			 gravity sewer lines, pump stations, and force mains.
(167) "Sewer line extension" means a proposed
			 construction project which extends a sewer system; it includes gravity sewer
			 lines, pump stations, and force mains.
(168) "Sewer system" means the network of
			 sewer lines, pump stations, and force mains that discharge to a common
			 WWTP.
(169) "SIC" means standard
			 industrial classification.
(170)
			 "Significant industrial user" or "SIU" is defined by
			 40
			 C.F.R. 403.3(v).
(171) "Silvicultural point source" is defined
			 by 40 C.F.R. 122.27.27 (b(1).
(172)
			 "Sinkhole" means a naturally occurring topographic depression in a karst area.
			 Its drainage is subterranean and serves as a recharge source for groundwater.
			 It is formed by the collapse of a conduit or the solution of bedrock.
(173) "Sinking stream" means a surface stream
			 in a karst region that disappears underground usually through gradual seepage
			 of flow along the channel bottom.
(174) "Site" means, as used in
			 401 KAR
			 5:060 through
			 401
			 KAR 5:080, the land or water area where a facility or
			 activity is physically located or conducted, including adjacent land used in
			 connection with the facility or activity.
(175) "Sludge requirements" is defined by
			 40 C.F.R.
			 403.7(a)(ii).
(176) "Small concentrated animal feeding
			 operation is defined by
			 40
			 C.F.R.
			 122.23(b)(9).
(177) "Small facility" means a WWTP with an
			 average daily design capacity less than 10,000 GPD or a sewer line of less than
			 2,500 feet in length including appurtenances.
(178) "Small nonpublicly-owned treatment
			 works" means a facility that has a design flow rate of less than 10,000 gpd of
			 wastewater containing only conventional pollutants and that is not a
			 POTW.
(179) "Small WWTP" means a
			 WWTP with an average daily design capacity of less than 10,000 gpd.
(180) "Source" means a building, structure,
			 facility, or installation from which there is or may be a discharge of
			 pollutants.
(181) "Storing" means
			 the containing of materials, products, substances, wastes, or other pollutants
			 on a temporary basis in a manner that does not constitute disposal.
(182) "Stormwater" is defined by
			 40
			 C.F.R.
			 122.26(b)(13).
(183) "Stormwater discharge associated with
			 industrial activity" is defined by
			 40
			 C.F.R.
			 122.26(b)(14).
(184) "Stormwater discharge associated with
			 small construction activity" is defined by
			 40
			 C.F.R. 122.26(b)(15), except
			 that:
(a) Waters of the "United States" means
			 waters of the Commonwealth of Kentucky; and
(b) "Director" means "cabinet" if "director"
			 refers to the director of an approved state program.
(185) "Supernatant" means the water that
			 accumulates in the upper portion of a lagoon and contains not greater than two
			 and zero-tenths (2.0) percent total solids by dry weight analysis.
(186) "Surface impoundment" means a natural
			 topographic depression, manmade excavation, or diked area formed primarily of
			 earthen materials, including those lined with manmade materials, which is
			 designed to hold an accumulation of liquids or solids.
(187) "Surface mining operation" means only
			 those facilities required to have a permit by 405 KAR Chapters 7 through
			 26.
(188) "Surface waters" means
			 those waters having well-defined banks and beds, either constantly or
			 intermittently flowing; lakes and impounded waters; marshes and wetlands; and
			 any subterranean waters flowing in well-defined channels and having a
			 demonstrable hydro-logic connection with the surface. Lagoons used for waste
			 treatment and effluent ditches that are situated on property owned, leased, or
			 under valid easement by a permitted discharger are not considered to be surface
			 waters of the commonwealth.
(189)
			 "Total dissolved solids" or "TDS" is defined by
			 40
			 C.F.R. 122.2.
(190) "Total maximum daily load" or "TMDL"
			 means a calculation of the maximum amount of a pollutant that a waterbody can
			 receive and still meet water quality standards, and an allocation of that
			 amount to the pollutant's sources.
(191) "Total suspended solids" or "TSS" means
			 the total suspended solids (nonfilterable residue) as determined by use of the
			 method specified in 40 C.F.R. 136.
(192) "Toxic pollutant" is defined by
			 40
			 C.F.R. 122.2.
(193) "UIC" means Underground Injection
			 Control.
(194) "Underground
			 injection control well" means a well used for the emplacement of fluids into
			 the subsurface.
(195) "Upset" is
			 defined by
			 40
			 C.F.R. 122.41(n).
(196) "USGS" means the U.S. Geological
			 Survey.
(197) "Variance" means a
			 mechanism or provision pursuant to 401 KAR Chapter 5 that allows modification
			 to or waiver of the generally applicable effluent limitation requirements or
			 time deadlines.
(198) "Wastewater
			 laboratory" means a laboratory that performs an analysis, measurement, or
			 laboratory test for an activity subject to
			 33 U.S.C.
			 1342.
(199) "Wastewater system" means a sewage
			 system as defined by
			 KRS
			 224.1-010.
(200) "Wastewater treatment plant" or "WWTP"
			 means a facility used for the treatment and disposal of sewage.
(201) "Water" or "Waters of the Commonwealth"
			 is defined by
			 KRS
			 224.1-010.
(202) "Water quality management plan" or "WQM
			 plan" means:
(a) A plan consisting of initial
			 plans produced in accordance with
			 33 U.S.C.
			 1288 and
			 1313
			 and certified and approved updates to those plans; or
(b) A state or areawide waste treatment
			 management plan developed and updated in accordance with
			 33 U.S.C.
			 1281, 1285j,
			 1288,
			 and 1313e and 40 C.F.R. Part 130.
(203) "Water quality criteria" means the
			 elements of state water quality standards established in 401 KAR Chapter 10
			 expressed as constituent concentrations, levels, or narrative statements, that
			 represent a quality of water that supports a particular designated
			 use.
(204) "Water quality standard"
			 means the designated use of a surface water of the commonwealth and the water
			 quality criteria and antidegradation requirements necessary to maintain and
			 protect that designated use as established in 401 KAR Chapter 10.
(205) "Water Resources Information System" or
			 "WRIS" means the water and wastewater system infrastructure database housed at
			 and supported by the Kentucky Infrastructure Authority that is used for
			 infrastructure planning, management, and financing purposes.
(206) "Well" or "water well", for
			 401
			 KAR 5:005 and
			 401 KAR
			 5:037, is defined by
			 KRS
			 223.400(7).
(207) "Wellhead protection area" means:
(a) The surface and subsurface area
			 surrounding a water well, well field, or spring, supplying a public water
			 system, through which pollutants are reasonably likely to move toward and reach
			 the water well, well field, or spring; or
(b) An area defined as a wellhead protection
			 area in an approved wellhead protection plan.
(208) "Wetlands" is defined by
			 40
			 C.F.R. 122.2.
(209) "Zone of saturation" means the zone in
			 which all the subsurface voids in the rock or soil are filled with
			 water.