Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:010 - Definitions for 401 KAR Chapter 8

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 223.160-223.220,
				224.10-100,
				224.10-110,
				322, 40 C.F.R. 141.2
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 the definitions for terms used by the
				cabinet in 401 KAR Chapter 8.
Section
			 1. Definitions. Except as provided in this section, the
			 definitions established in
			 40
			 C.F.R. 141.2 shall apply.
(1) "Board" means the Kentucky Board of
			 Certification of Water Treatment Plant and Water Distribution System Operators
			 as established by
			 KRS
			 223.170.
(2) "Boil water advisory" means a type of
			 consumer advisory that provides notice to the consuming public through radio,
			 television, direct mail, electronic mail, posting, newspaper, or other media
			 and that conveys in the quickest and most effective manner possible:
(a) Information that water provided by a
			 system might cause adverse human health effects due to possible biological
			 contamination if consumed, unless it is first boiled for three (3) minutes at a
			 rolling boil; and
(b) What action
			 the public is advised to take.
(3) "Bottled water" means water that is:
(a) From an approved bottled water treatment
			 plant as established in
			 401 KAR
			 8:700;
(b)
			 Placed in a sealed container or package; and
(c) Offered for human consumption or other
			 consumer uses.
(4)
			 "Bottled water system":
(a) Means a public
			 water system that provides bottled drinking water and includes the sources of
			 water, and treatment, storage, bottling, manufacturing, or distribution
			 facilities; and
(b) Does not mean:
1. A public water system that provides only a
			 source of water supply for a bottled water system; or
2. An entity providing only transportation,
			 distribution, or sale of bottled water in sealed bottles or other sealed
			 containers.
(5)
			 "Bottled water treatment plant" means a facility that provides the product
			 water used for bottled water by processing water from an approved source as
			 established in 401 KAR Chapter 8.
(6) "Bypass" means a physical arrangement
			 whereby water can be diverted around a feature of the purification process of a
			 public or semipublic water supply.
(7) "Certificate" means a certificate of
			 competency issued by the cabinet stating that the operator has met all
			 requirements for the specified operator classification as established by 401
			 KAR Chapter 8.
(8) "Certified
			 laboratory" means a laboratory:
(a) For which
			 the physical, instrumental, procedural, and personnel capabilities have been
			 approved by the U.S. Environmental Protection Agency or the cabinet pursuant to
			 401 KAR
			 8:040 and 40 C.F.R. 141 and 142; and
(b) That is certified for one (1) or more
			 types of the contaminants listed or for one (1) or more of the specific
			 constituents or combinations of constituents listed in 401 KAR Chapter
			 8.
(9) "Certified
			 operator" means an individual who holds an active certificate.
(10) "Community water system" is defined by
			 40
			 C.F.R. 141.2.
(11) "Consumer advisory" means a notice to
			 the consuming public through radio, television, direct mail, electronic mail,
			 posting, newspaper, or other media to convey in the quickest and most effective
			 manner possible:
(a) Information that water
			 provided by a system might cause adverse human health effects if consumed and
			 what action the public is advised to take; or
(b) Other information that the public needs
			 to know about its water.
(12) "Contaminant group" means all of the
			 constituent members that collectively comprise the individual bacteriological,
			 inorganic chemical, organic chemical, radiological, volatile organic chemical,
			 synthetic organic chemical, or secondary contaminant groups regulated by 401
			 KAR Chapter 8.
(13) "Conventional
			 filtration treatment" means a series of processes including coagulation,
			 flocculation, sedimentation, and filtration resulting in substantial
			 particulate removal.
(14) "Cross
			 connection" means a physical connection or arrangement between two (2)
			 otherwise separate systems, one (1) of which contains potable water and the
			 other being either water of unknown or questionable safety, or steam, gas, or
			 chemicals, whereby there can be flow from one (1) system to the other, the
			 direction of flow depending on the pressure differential between the two (2)
			 systems.
(15) "Direct responsible
			 charge" means personal, first hand responsibility to conduct or actively
			 oversee and direct procedures and practices necessary to ensure that the
			 drinking water treatment plant or distribution system is operated in accordance
			 with accepted practices and with KRS Chapter 223 and 401 KAR Chapters 8 and
			 11.
(16) "Mineral water" means
			 bottled water that contains not less than 250 parts per million total dissolved
			 solids.
(17) "NTU" means
			 nephelometric turbidity unit.
(18)
			 "Operator" means a person involved in the operation of a drinking water
			 treatment plant or distribution system.
(19) "Private water supply" means a
			 residential water supply located on private property for the use of one (1) to
			 three (3) residential households.
(20) "Product water" means the water
			 processed by a bottled water treatment plant that is used for bottled drinking
			 water.
(21) "Professional engineer"
			 means an engineer who is licensed as a professional engineer in Kentucky,
			 pursuant to KRS Chapter 322.
(22)
			 "Secondary contaminant" means a contaminant that does not, in general, have a
			 direct impact on the health of consumers but its presence in excessive
			 quantities can discourage the utilization of drinking water or discredit the
			 supplier.
(23) "Secondary standard"
			 means the maximum contaminant level for a secondary contaminant.
(24) "Semipublic water system" means a water
			 system made available for drinking or domestic use that does not qualify as a
			 private or public water system.
(25) "Submeter" means the use by a property
			 owner or operator of meters that measure water used by tenants for the purpose
			 of passing costs charged by a public water system from the property owner or
			 operator to tenants based on tenants' actual water usage.
(26) "Supplier of water" means the owner or
			 operator of a public water system.
(27) "Surface water" means water that is open
			 to the atmosphere and subject to surface runoff, or groundwater under the
			 direct influence of surface water.
(28) "Surface water source" means ponds,
			 reservoirs, streams of all sizes, free-flowing springs, a source of water
			 supply for a public water system that has a free water surface exposed to the
			 atmosphere, or groundwater under the direct influence of surface
			 water.
(29) "System" means a public
			 water system.
(30) "Turbidity"
			 means the presence of suspended particulates, including sand, silt, clay,
			 finely divided organic or inorganic matter, plankton or other microscopic
			 organisms, or elements that optically interfere with the clarity of
			 liquid.
(31) "Water distribution
			 system" means the portion of the public water system in which water is conveyed
			 from the water treatment plant or other supply point to the premises of a
			 consumer, or a system of piping and ancillary equipment that is owned and
			 operated by an established water system independent of the water supply system
			 from which potable water is purchased.
(32) "Water supply system" means the source
			 of supply and all structures and appurtenances used for the collection,
			 treatment, storage, and distribution of water for a public or semipublic water
			 system.
(33) "Water treatment
			 plant" or "purification plant" means that portion of the water supply system
			 that is designated to alter the physical, chemical, or bacteriological quality
			 of the water prior to entry to the water distribution system.