Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:100 - Design, construction, and approval of facilities and approval timetable for 401 KAR Chapter 8

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.634,
				224.10-110,
				322.020(1),
				322.340,
				40 C.F.R. 141
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110(2), (3), and (4)
				require the cabinet to enforce administrative regulations promulgated by the
				secretary for the regulation and control, including construction and operation
				of facilities, of the purification of water for public and semipublic use.
				KRS
				224.10-220 requires the cabinet to establish
				timetables for the issuance of all permits by the cabinet, except those permits
				for which a timetable is set out by statute. This administrative regulation
				establishes design plan requirements for the construction of new and expanded
				facilities that deliver potable water for public or semipublic use and
				establishes requirements for submitting plans and specifications for
				modifications to existing facilities and a timeline for cabinet review and
				approval or disapproval of plans. There is not a federal regulation that deals
				with this subject matter; therefore, this administrative regulation is not more
				stringent than federal requirements.
Section
			 1. Preliminary Engineering Report.
(1) A preliminary engineering report for a
			 proposed new facility or a modification to an existing facility shall be
			 prepared by a professional engineer and submitted to the cabinet.
(a) Except as established in paragraph (b) of
			 this subsection, a supplier or potential supplier of water shall submit the
			 preliminary engineering report to the cabinet before entering into a financial
			 commitment for or initiating construction of a new public water system or
			 increasing the capacity of an existing public water system.
(b) A preliminary engineering report shall
			 not be required for:
1. A semipublic
			 treatment facility; or
2.
			 Construction, extension, or improvement of a distribution
			 system.
(c) The
			 preliminary engineering report shall comply with
			 40 C.F.R.
			 141.5, Siting requirements.
(d) An applicant for a proposed new public
			 water system or modification to an existing public water system shall not
			 locate a proposed surface water intake five (5) miles or less downstream from
			 the discharge of an existing wastewater treatment plant. The cabinet may issue
			 a variance to the five (5) mile limitation established in this paragraph if the
			 applicant demonstrates that the:
1. Water
			 quality at the proposed intake located five (5) miles or less downstream of a
			 wastewater treatment plant will not be significantly affected by the discharge
			 from the wastewater treatment plant; and
2. The proposed new public water system or
			 modification to an existing public water system has the capacity to treat the
			 source water in order that finished water will be in compliance with 401 KAR
			 Chapter 8.