Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:020 - Public and semipublic water systems; submetering; general provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 211.350-211.392, 223.160-223.220,
				224.10-100,
				224.10-110,
				224.16-050,
				369, 40 C.F.R. 141,
				142.14,
				142.15,
				142.16,
				142.20,
				142.21,
				142.40-142.65
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) and
				224.10-110(2)
				authorize 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 general provisions for
				regulating public and semipublic water supplies.
Section 1. A public or semipublic water
			 system shall be subject to the requirements of 401 KAR Chapter 8, except those
			 exempted in 40 C.F.R. 141 and 142.
Section
			 2. Submetering.
(1) A property
			 using a submeter as defined by
			 401 KAR
			 8:010 shall not be considered a public water system as
			 defined by
			 40
			 C.F.R. 141.2 and, except for this
			 administrative regulation and the emergency authority provisions established in
			 Section 1431 of the federal Safe Drinking Water Act, shall be exempt from the
			 requirements of 401 KAR Chapter 8.
(2)
(a) A
			 property using a submeter as defined by
			 401 KAR
			 8:010 and exempt from the requirements of 401 KAR
			 Chapter 8 shall:
1. Receive all of its water
			 from a public water system and shall not change the quality of water provided
			 to customers;
2. Be located on
			 property owned by a single person, entity, individual, or a co-op or
			 condominium association of property owners;
3. Not be regulated as a water utility by the
			 Kentucky Public Service Commission; and
4. Not charge tenants an amount that exceeds
			 tenants' share of the actual amount charged by the public water system to the
			 owner or operator of a property using a submetered system, based on the
			 tenants' actual water usage in proportion to the total amount of water used for
			 the entire submetered property.
(b) The owner or operator of a property using
			 a submetered system shall designate a person or organization as the owner or
			 operator of the submetered system and shall provide the name, address, and
			 phone number of the designated owner or operator upon request by the
			 cabinet.
(c) The owner or operator
			 of a property using a submetered system shall certify to the cabinet in writing
			 that the:
1. Submetered system does not have
			 any cross connections; and
2.
			 Applicable provisions of
			 815 KAR
			 20:120 have been met.
(3) An advisory received by the owner or
			 operator pursuant to Section 3(9) of this administrative regulation shall be
			 disseminated to property tenants in the manner established in Section 3(10) of
			 this administrative regulation.
(4)
			 Public notices and consumer confidence reports received by the owner or
			 operator pursuant to
			 401
			 KAR 8:075 shall be disseminated to property tenants in
			 the next billing period.