reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:010 - Operation of wastewater systems by certified operators

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-110,
				224.70-100,
				224.70-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Cabinet to develop
				and conduct a comprehensive program for the management of water resources and
				to provide for the prevention, abatement, and control of water pollution.
				KRS
				224.73-110 requires that a person shall not
				have primary responsibility for the operation of a sewage system or a portion
				of a system, whether publicly or privately owned, unless the operator has
				passed an examination prescribed by the cabinet. This administrative regulation
				establishes standards for the staffing and classification of wastewater
				treatment plants and collection systems that accept domestic sewage.
Section 1. Certified Operators for Wastewater
			 Treatment Plants. A wastewater treatment plant that accepts wastewater
			 containing domestic sewage shall be under the primary responsibility of a
			 certified operator as established in this section.
(1) A treatment plant with a design capacity
			 of less than or equal to 50,000 gallons per day shall be under the primary
			 responsibility of a certified operator holding an active Class I, II, III, or
			 IV treatment certificate.
(2) A
			 treatment plant with a design capacity of more than 50,000 gallons per day, but
			 less than or equal to two (2) million gallons per day shall be under the
			 primary responsibility of a certified operator holding an active Class II, III,
			 or IV treatment certificate.
(3) A
			 treatment plant with a design capacity of more than two (2) million gallons per
			 day, but less than or equal to seven and one-half (71/2) million gallons per
			 day shall be under the primary responsibility of a certified operator holding
			 an active Class III or IV treatment certificate.
(4) A treatment plant with a design capacity
			 in excess of seven and one-half (71/2) million gallons per day shall be under
			 the primary responsibility of a certified operator holding an active Class IV
			 treatment certificate.
(5) A
			 wastewater treatment plant at a school shall be under the primary
			 responsibility of a certified operator holding an active limited certificate or
			 a Class I, II, III, or IV treatment certificate.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:015 - Releases to be reported to the division

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.1-400 requires any person who possesses
				or controls pollutants or contaminants to immediately report certain releases
				of pollutants or contaminants into the environment to the cabinet.
				KRS
				224.10-100 requires the cabinet to provide
				for the prevention, abatement, and control of water pollution. This
				administrative regulation establishes that releases of pollutants or
				contaminants that could result in or contribute to pollution of the waters of
				the Commonwealth from any source other than a KPDES-permitted facility, shall
				be reported to the division. This administrative regulation establishes
				reporting timeframes and mechanisms that enable the division to determine what
				action is necessary to protect public safety and mitigate or reduce the effect
				of the release.
Section 1. Any person
			 having knowledge in advance of the necessity to release a "pollutant or
			 contaminant", as defined by
			 KRS
			 224.1-400, which could result in or
			 contribute to pollution of the waters of the Commonwealth, shall notify the
			 Division of Water before the release is commenced. Notification shall be given
			 as far in advance as possible.
Section
			 2. Emergency Reports. If by reason of emergency or accident a
			 release of "pollutants or contaminants", as defined by
			 KRS
			 224.1-400, is threatened or occurs, which
			 could result in or contribute to the pollution of the waters of the
			 Commonwealth and that could present an imminent or substantial danger to public
			 health or welfare, the person possessing or controlling the pollutant or
			 contaminant shall, as soon as the person has knowledge of any release of a
			 pollutant or contaminant from a site to the environment, immediately notify the
			 division by calling the cabinet's twenty-four (24) hour environmental emergency
			 telephone number at (800) 928-2380.
Section
			 3.
(1) Any person notifying the
			 division pursuant to Section 1 or 2 of this administrative regulation shall
			 report:
(a) The point of release;
(b) The nature of the material
			 released;
(c) The quantity of the
			 material released or the estimated quantity if not known;
(d) The date, time, and duration of the
			 release; and
(e) An assessment of
			 probable environmental impact.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:045 - Treatment requirements; compliance; biochemically degradable wastes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.70-100,
				224.70-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(19) requires the
				cabinet to issue, continue in effect, revoke, modify, suspend, or deny permits
				to discharge into waters of the Commonwealth.
				KRS
				224.10-100(21) authorizes
				the cabinet to require technological levels of treatment and effluent
				limitations. This administrative regulation establishes minimum treatment
				requirements, requires all persons discharging pollutants through point sources
				to apply these measures, or more stringent as required, to comply with water
				quality standards, and requires a minimum of secondary treatment or best
				conventional pollutant control technology for a facility that receives
				biochemically degradable wastes.
Section
			 1. Treatment Requirements.
(1)
			 This administrative regulation shall apply to all discharges to surface waters
			 of the Commonwealth as defined by
			 401 KAR
			 10:001.
(2) All persons who discharge through a point
			 source shall, as a minimum, apply the secondary treatment, or equivalent,
			 considering the:
(a) Total cost of the
			 application of such technology in relation to the effluent reduction benefits
			 to be achieved;
(b) Age of the
			 equipment and facilities involved;
(c) Process employed;
(d) Engineering aspects of the application of
			 various types of control techniques; and
(e) Nonwater quality environmental
			 impact.
(3) All persons
			 who discharge through a point source shall apply the best available waste
			 control technology, or equivalent, considering:
(a) The factors in subsection (2) of this
			 section;
(b) Any operating and
			 maintenance procedures;
(c)
			 Schedules and prohibitions of activities; and
(d) Other management practices to control
			 site run-off, spillage, leaks, sludge or waste disposal, or drainage from raw
			 material storage.
(4) The
			 cabinet may deny, revoke, or modify a permit to any applicant if the discharge
			 does not comply with
			 KRS
			 224.70-100.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:050 - General provisions of KPDES Permitting Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.1-070,
				224.1-400,
				224.10-110,
				224.16-050,
				224.70-100,
				224.70-110,
				224.70-120,
				224.99-010, 40 C.F.R.
				122.403,
				33 U.S.C.
				1251-1387
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 authorizes
				the Energy and Environment Cabinet to issue, continue in effect, revoke,
				modify, suspend or deny under such conditions as the cabinet may prescribe,
				permits to discharge into the waters of the Commonwealth.
				KRS
				224.16-050 authorizes the cabinet to issue
				federal permits pursuant to
				33 U.S.C. Section
				1342(b) of the Federal Water
				Pollution Control Act (33 U.S.C. Section
				1251 et seq.) and requires that the cabinet
				shall not impose under any permit issued pursuant to this section any effluent
				limitation, monitoring requirement, or other condition that is more stringent
				than would have been applicable under the federal regulation if the permit were
				issued by the federal government. This administrative regulation establishes
				the provisions, terms, effect, schedule of compliance, and duration of a KPDES
				permit, and the basis for permit modification or revocation and
				reissuance.
Section 1. Conflicting
			 Provisions. The provisions of the KPDES administrative regulations shall be
			 construed as compatible with and complementary to each other. If any of these
			 administrative regulations are found by a court of competent jurisdiction to be
			 contradictory, the more stringent provisions shall apply.
Section 2. Duration of Permits. The duration
			 of a KPDES permit shall be as established in
			 40
			 C.F.R. 122.46.
Section 3. Schedules of Compliance. The
			 schedule of compliance for a KPDES permit shall be as established in
			 40 C.F.R.
			 122.47.
Section 4. Requirements for Recording and
			 Reporting of Monitoring Results. The requirements for recording and reporting
			 of a monitoring result shall be as established in
			 40
			 C.F.R. 122.48.
Section 5. Effect of a Permit.
(1) Except for a toxic effluent standard or
			 prohibition established in
			 401 KAR
			 5:065, compliance with a KPDES permit during its term
			 shall constitute compliance, for purposes of enforcement, with the KPDES
			 program.
(2) A permit may be
			 modified, revoked and reissued, or revoked during its term for cause as
			 established in Sections 7 and 8 of this administrative regulation.
(3) The issuance of a permit shall not convey
			 property rights or exclusive privilege.
(4) The issuance of a permit shall not
			 authorize:
(a) Injury to persons or
			 property;
(b) Invasion of other
			 private rights; or
(c) Infringement
			 of state or local law or administrative regulations.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:052 - Requirements applicable to cooling water intake structures for facilities regulated by Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.16-050,
				224.70-100,
				224.70-110,
				40 C.F.R. 122,
				33 U.S.C.
				1251-1387
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 authorizes the cabinet to issue,
				continue in effect, revoke, modify, suspend, or deny under such conditions as
				the cabinet may prescribe, permits to discharge into waters of the
				Commonwealth.
				KRS
				224.16-050 authorizes the cabinet to issue
				federal permits pursuant to
				33 U.S.C. Section
				1342(b) of the Clean Water
				Act,
				33 U.S.C. Section
				1251-1387,
				subject to the conditions imposed in
				33 U.S.C. Section
				1342(b) and (d). This
				administrative regulation establishes the requirements applicable to cooling
				water intakes structures for new and existing facilities under Section 316(b)
				of the Clean Water Act,
				33 U.S.C.
				1326(b).
Section 1.
(1) Except as established in Sections 2 and 3
			 of this administrative regulation, requirements for new facilities pursuant to
			 Section 316(b) of the Clean Water Act,
			 33 U.S.C.
			 1326(b), shall be as
			 established in
			 40 C.F.R.
			 125.80 through
			 125.89.
(2) Except as established in Sections 2 and 3
			 of this administrative regulation, requirements for existing facilities
			 pursuant to Section 316(b) of the Clean Water Act,
			 33 U.S.C.
			 1326(b), shall be as
			 established in
			 40 C.F.R.
			 125.90 through
			 125.98.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:065 - KPDES permit conditions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.1-070,
				224.1-400,
				224.18-100,
				224.70-100,
				224.70-120,
				224.99-010, 40 C.F.R.
				122, 129, 136, 401-471, 503,
				33 U.S.C.
				1251 -
				1387
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 authorizes the cabinet to issue,
				continue in effect, revoke, modify, suspend or deny under conditions as the
				cabinet may prescribe, permits to discharge into any waters of the
				Commonwealth.
				KRS
				224.16-050 authorizes the cabinet to issue
				federal permits pursuant to
				33 U.S.C.
				1342(b) of the Federal Water
				Pollution Control Act,
				33 U.S.C.
				1251-1387.
				This administrative regulation establishes the conditions applicable to all
				KPDES permits, the procedures for establishing and calculating permit
				conditions, the procedures for reporting spills, releases, bypasses, upsets,
				and other events of noncompliance to the division, the establishment of limits,
				standards, and other conditions, primary industrial categories, toxic pollutant
				effluent standards, test procedures for the analysis of pollutants, effluent
				guidelines and standards, and standards for the use or disposal of sewage
				sludge.
Section 1. Definitions.
			 Definitions established in
			 40
			 C.F.R. 122.2 shall apply for the
			 interpretation of federal regulations that are cited within this administrative
			 regulation.
Section 2. Federal
			 Regulations. A KPDES permit limitation, standard, or condition shall be as
			 established in:
(1)
									40
			 C.F.R. 122.41;
(2)
									40
			 C.F.R. 122.42;
(3)
									40
			 C.F.R. 122.43;
(4)
									40
			 C.F.R. 122.44;
(5)
									40
			 C.F.R. 122.45;
(6)40 C.F.R. 122, Appendix A;
(7)40 C.F.R. 129;
(8)40 C.F.R. 136;
(9)40 C.F.R. 401 through 471; and
(10)40 C.F.R. 503.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:080 - Criteria and standards for the Kentucky Pollutant Discharge Elimination System

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-110,
				224.18-760,
				40
				C.F.R. 122.21,
				122.29,
				125.1,
				125.2,
				125.3,
				125.10,
				125.11,
				125.31,
				125.32,
				125.70,
				125.71,
				125.72,
				125.73,
				401.15
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 authorizes the cabinet to issue,
				continue in effect, revoke, modify, suspend or deny under conditions as the
				cabinet may prescribe, permits to discharge into any waters of the
				Commonwealth.
				KRS
				224.16-050 authorizes the cabinet to issue
				federal permits pursuant to
				33 U.S.C.
				1342(b) of the Federal Water
				Pollution Control Act,
				33 U.S.C.
				1251-1387.
				This administrative regulation establishes the criteria and standards for the
				KPDES permitting system.
Section 1.
			 Definitions. Definitions established in
			 40
			 C.F.R. 122.2 shall apply for the
			 interpretation of the federal regulations cited within this administrative
			 regulation.
Section 2. Criteria and
			 standards for technology-based treatment standards shall be as established in:
(1)
									40 C.F.R.
			 125.1;
(2)
									40
			 C.F.R. 125.2; and
(3)
									40 C.F.R.
			 125.3.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 5 - Water Quality › Section 401 KAR 5:320 - Wastewater Laboratory Certification Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.10-100,
				224.10-670,
				224.70-100,
				224.70-110,
				40 C.F.R. 136,
				33 U.S.C.
				1342
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-670 authorizes the cabinet to
				promulgate administrative regulations establishing standards for the operation
				of laboratories, fees for certification and competency evaluation of those
				laboratories, issuance of certificates of competency, and a certification
				program for laboratories that submit environmental data as it relates to
				analyses and laboratory tests for activities subject to
				33 U.S.C.
				1342. This administrative regulation
				establishes the wastewater laboratory certification program, standards for the
				certification of wastewater laboratories, and fees for certification and
				evaluation of wastewater laboratories.
Section
			 1. Requirement for Acceptance of Environmental Data. In accordance
			 with
			 KRS
			 224.10-670(2), environmental
			 data from analyses and laboratory tests submitted to the cabinet for activities
			 subject to
			 33 U.S.C.
			 1342 shall be performed:
(1) By a certified wastewater laboratory;
			 and
(2) In compliance with:
(a) An analytical method in 40 C.F.R. Part
			 136 or as established in the applicable permit;
(b) This administrative regulation;
			 and
(c) The provisions of the
			 Commonwealth of Kentucky Wastewater Laboratory Certification Manual.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:022 - Sanitary surveys

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-110,
				40 C.F.R. 141.300,
				141.401,
				141.403,
				142.10(2),
				142.16(b),
				2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 and
				224.10-110
				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 requirements for conducting sanitary
				surveys and requirements on the public water system subject to a sanitary
				survey.
Section 1.
(1) The cabinet shall conduct a sanitary
			 survey of a public water system in accordance with the requirements of
			 40 C.F.R.
			 142.16(b)(1)(ii), (iii), and
			 142.16(b)(3)
			 for systems using surface water as a source.
(2) The cabinet shall conduct a sanitary
			 survey of a public water system in accordance with the requirements of
			 40 C.F.R.
			 141.400,
			 141.401,
			 141.403,
			 142.16(o)
			 for systems using groundwater as a source.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:030 - Water treatment plant and water distribution system classification and staffing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				223.180,
				223.190,
				223.200,
				223.210,
				223.220,
				224.10-110,
				42
				U.S.C. 300g-7, Section 1419
NECESSITY, FUNCTION, AND CONFORMITY: KRS 223.180-223.220
				authorizes the cabinet to classify water treatment plants and distribution
				systems based on size, type, and physical condition and according to the skill,
				knowledge, and experience needed by the plant operator.
				KRS
				224.10-110 requires the cabinet to enforce
				administrative regulations for the regulation and control of the purification
				of water for public and semipublic use and for the certification of water plant
				operators. This administrative regulation establishes standards for the
				staffing and classification of water treatment plants and water distribution
				systems.
Section 1. General
			 Provisions.
(1)
(a) A public water system shall be operated
			 according to the provisions of KRS Chapters 223 and 224 and 401 KAR Chapter
			 8.
(b) A certified operator shall
			 not be required for a semipublic water system.
(c) Except as established in subsection
			 (3)(c)1b, 2b, and 4b of this section, a public water system shall be operated
			 by a certified operator, other than an operator-in-training, in direct
			 responsible charge who holds a valid certificate in a class equal to or higher
			 than that required for the system under supervision.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:040 - Laboratory certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				40 C.F.R.
				141.21, Appendix A-Subpart C, 141.201,
				Appendices A, B of Subpart Q
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110(2) requires the
				cabinet to enforce the administrative regulations promulgated by the secretary
				for the regulation and control of the purification of water for public and
				semipublic use. This administrative regulation establishes procedures for
				certification of commercial or water system laboratories to test for drinking
				water contaminants.
Section 1.
			 Laboratory Certification.
(1) The U.S.
			 Environmental Protection Agency or the cabinet shall evaluate a public water
			 system laboratory or a commercial laboratory that performs drinking water
			 analysis for a public water system for certification.
(2) Contracting by the cabinet with a third
			 party to conduct laboratory evaluations and make recommendations to the cabinet
			 regarding certification shall be in accordance with the Manual for the
			 Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures
			 Quality Assurance; Fifth Edition, January 2005, Publication EPA 815-R-05-004,
			 January 2005.
(3)
(a) Certification may be for one (1) or more
			 method analyte pair or for a single drinking water contaminant within a method
			 analyte pair.
(b) Each method
			 analyte pair shall require a different certification, but qualification for
			 different certifications may be evaluated during one (1) audit.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:050 - Drinking water program fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				223.220,
				224.10-100,
				224.10-110,
				40
				C.F.R. 142.10,
				Pub.L.
				104-182, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(20) authorizes
				the cabinet to establish, by administrative regulation, a fee or schedule of
				fees for the cost of processing applications for permits authorized by KRS
				Chapter 224.
				KRS
				224.10-110 requires the cabinet to enforce
				cabinet administrative regulations for review, approval, or disapproval of
				plans for water purification and distribution systems. This administrative
				regulation establishes fees for reviewing plans and specifications of public
				water systems and for laboratory certification.
Section 1. Fees for the Review of Plans and
			 Specifications for New and Existing Public and Semipublic Water Systems.
(1) Filing fees.
(a) Except as established in
			 KRS
			 224.10-100, a person who submits the plans
			 and specifications established in subsection (2) of this section shall
			 simultaneously submit a filing fee in the amount of twenty (20) percent of the
			 required project fee established in subsection (2) of this section.
(b) A filing fee shall not be refundable if
			 the plans and specifications for which the filing fee is required are denied or
			 withdrawn.
(c) The filing fee shall
			 be applied toward the project fee assessed as established in subsection (2) of
			 this section.
(d)
1. Plans and specifications not approved
			 shall be returned to the applicant.
2. Further consideration of plans and
			 specifications not approved shall require a new submittal and payment of the
			 appropriate filing fee.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:075 - Consumer confidence reports and public notification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-110,
				40 C.F.R.
				141.151-141.155,
				42
				U.S.C. 300f-300j-26
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110(2) and (3)
				require the secretary of 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 requirements for
				consumer confidence reports and notification of the public if a public water
				system violates a provision of this administrative regulation. This
				administrative regulation establishes requirements more stringent than the
				federal regulation for submitting consumer confidence reports and
				certifications to the cabinet in enforceable timeframes. The federal regulation
				requires a consumer confidence report to be certified within three (3) months
				after it is mailed to the cabinet. This administrative regulation requires that
				the report and certification be delivered to the cabinet by July 1 of each
				year.
Section 1. Consumer Confidence
			 Reports.
(1) A community water system shall
			 submit an annual consumer confidence report to its customers and to the cabinet
			 in accordance with 40 C.F.R. 141 Subpart O, 141.151, 141.152, 141.153, 141.155,
			 including Appendix A, and 141.154, except as established in subsection (2) of
			 this section.
(2) A copy of the
			 annual report required by
			 40 C.F.R.
			 141.155 shall be delivered to the cabinet and
			 the system's customers by July 1 each year.
(3) The certification required by
			 40 C.F.R.
			 141.155 shall be delivered to the cabinet by
			 July 1 each year.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:150 - Disinfection, filtration, and recycling

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-110,
				40 C.F.R.
				141.70-141.76
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 requirements for the disinfection,
				filtration, recycling, and testing of drinking water in a public or semipublic
				water system using surface water or groundwater not under the direct influence
				of surface water. This administrative regulation differs from the federal
				regulation by requiring filtration of water supplies that have surface water
				sources and disinfection of water supplies whose source is groundwater.
Section 1. Disinfection. A public and
			 semipublic water system shall provide disinfection, except as provided in this
			 section. A semipublic water system shall comply with the requirements of this
			 section for public water systems or meet the requirements of Section 2(2) of
			 this administrative regulation.
(1) A public
			 water system using groundwater or surface water as a source.
(a) A public water system that uses chlorine
			 shall:
1. Use continuous automatic
			 disinfection by chlorination;
2.
			 Provide a minimum free chlorine residual of two-tenths (0.2) milligrams per
			 liter, or ppm, throughout the distribution system measured as described in
			 subsection (2) of this section;
3.
			 Check free chlorine residuals daily at representative points throughout the
			 system; and
4. Report the free
			 chlorine residuals monthly pursuant to
			 401
			 KAR 8:020, Section 3(7)(a).
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:200 - Microbiological monitoring

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-110,
				40 C.F.R.
				141.21,
				141.52,
				141.63,
				141.851 - 861
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110(2) requires the
				cabinet to enforce administrative regulations promulgated by the secretary for
				the regulation and control of the purification of water for public and
				semipublic use. This administrative regulation establishes a schedule and
				method for sampling drinking water to test for bacteriological contaminants,
				establishes maximum contaminant levels for bacteria, and establishes
				requirements if tests show maximum contaminant levels have been
				exceeded.
Section 1. A "public water
			 system" as defined by
			 40
			 C.F.R. 141.2 ", shall meet the requirements
			 established in
			 40 C.F.R.
			 141.21,
			 141.52,
			 and
			 141.63.
Section 2. Beginning January 1, 2016, a
			 public water system shall comply with the requirements established in
			 40
			 C.F.R. 141.851 through
			 141.861,
			 except that a sample site plan required by
			 40
			 C.F.R. 141.853 shall be submitted to the
			 cabinet no later than December 31, 2015. A semipublic water system shall take a
			 minimum of one (1) total coliform bacteria sample each month the system is in
			 operation.
Section 3. Population
			 served shall be determined by the appropriate method established in this
			 section.
(1) A "community water system", as
			 defined by
			 40
			 C.F.R. 141.2, and a "semipublic water
			 system", as defined by
			 401 KAR
			 8:010, shall:
(a) Use
			 the most recent decennial census count conducted by the United States Census
			 Bureau;
(b) Use the serviceable
			 population established by the Water Resources Information System database
			 located at
http://wris.ky.gov/portal/sysdata
;
(c) Multiply the number of service
			 connections by 2.69; or
(d) Utilize
			 a method mutually agreed upon by a community or semipublic water system and the
			 cabinet.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:250 - Inorganic and organic chemical sampling, analytical techniques, maximum contaminant levels, radionuclides, and secondary standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-110,
				40 C.F.R. 141, 142, 143
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110(2) requires the
				cabinet to enforce administrative regulations promulgated by the secretary for
				the regulation and control of the purification of water for public and
				semipublic use. This administrative regulation establishes sampling and
				analytical requirements for certain inorganic and organic chemicals and sets
				maximum contaminant levels for those chemicals which, if exceeded, may affect
				public health. This administrative regulation establishes the requirements for
				sampling and testing procedures for radionuclides and establishes maximum
				contaminant levels for safe drinking water. This administrative regulation
				establishes maximum contaminant levels and requirements for the sampling and
				testing for contaminants that do not have a direct impact on the health of
				consumers, but may discourage the utilization of drinking water or discredit
				the supplier. Provisions for these contaminants are referred to as "secondary
				standards". This administrative regulation establishes sampling schedules and
				requires public water systems to modify treatment to comply with maximum levels
				established by federal regulation. Federal regulations leave monitoring
				frequency and consequences for exceeding secondary standards to primacy agency
				discretion.
Section 1. Inorganic and
			 Organic Chemical Sampling, Analytical Techniques, and Maximum Contaminant
			 Levels.
(1) A public water system shall meet
			 the requirements for inorganic chemicals as established in
			 40 C.F.R.
			 141.11,
			 141.23,
			 141.41,
			 141.51,
			 and
			 141.62.
(2) A public water system shall meet the
			 requirements for organic chemicals as established in
			 40 C.F.R.
			 141.24,
			 141.50,
			 and
			 141.61.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:300 - Lead and copper

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				40 C.F.R.
				141.42,
				141.43, 141.80-141.91,
				141.154,
				42
				U.S.C. 300f-300j-26
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 limits lead in drinking water facilities and
				establishes standards for lead and copper in drinking water.
Section 1. A public water system shall meet
			 the requirements for control of lead corrosivity and copper as established in:
(1)
									40 C.F.R.
			 141.42,
			 141.43,
			 141.80
			 through
			 141.91,
			 and
			 141.154;
			 and
(2)
									42 U.S.C.
			 300g-6.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:510 - Disinfectant residuals, disinfection by-products, and disinfection by-product precursors

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) and
				224.10-110(2)
				require the cabinet to enforce administrative regulations promulgated by the
				secretary for the regulation and control of the purification of water for
				public and semipublic use. This administrative regulation establishes the
				maximum contaminant levels for total trihalomethanes and haloacetic acid five
				(5) to limit the levels of known and unknown disinfection by-products.
Section 1. A public water system shall meet
			 the requirements established in
			 40 C.F.R.
			 141.130 through
			 141.135,
			 141.600
			 through
			 141.605,
			 141.620
			 through
			 141.629,
			 141.53,
			 141.54,
			 141.64,
			 and
			 141.65.
Section 2. A purchasing system shall monitor
			 for maximum residual disinfectant levels at the same points in the distribution
			 system and at the same time as total coliforms are sampled as established in
			 401 KAR
			 8:200.
STATUTORY AUTHORITY:
				  KRS
				  224.10-100(28),
				  224.10-110(2),
				  40
				  C.F.R. 141.53,
				  141.54,
				  141.64,
				  141.65,
				  141.130-141.135,
				  141.600-141.605,
				  141.620-141.629,
				  42
				  U.S.C. 300f-300j-26
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 8 - Public Water Supply › Section 401 KAR 8:700 - Bottled water

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-110,
				21 C.F.R.
				129.35,
				165.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110 requires the cabinet to enforce
				the administrative regulations adopted by the secretary for the regulation and
				control of the purification of water for public and semipublic use. This
				administrative regulation establishes provisions to assure the purity of water
				placed in bottles that will be resold as a food for human consumption or other
				consumer use. U.S. EPA does not have a federal regulation relating to bottled
				water. Certain provisions of this administrative regulation are more stringent
				than the FDA requirements. The cabinet requires that plans, reports, and
				monitoring results be submitted to the cabinet to ensure that compliance with
				all public health standards is achieved without more frequent, costly on-site
				inspections, and that systems monitor for chlorite more frequently to ensure
				that public health standards are met for any disinfectant residuals.
Section 1. Applicability.
(1) A bottled water system that bottles water
			 within the Commonwealth shall comply with the provisions of 401 KAR Chapter 8
			 except:
(a) Distribution system monitoring and
			 compliance applicable to public water systems, including provisions for
			 chlorine residual and disinfection by-products; and
(b) The public notification requirements of
			 401 KAR
			 8:070 and the reporting requirements of
			 401
			 KAR 8:075; and
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 9 - Water Quality Certification › Section 401 KAR 9:010 - Section 401 Individual Water Quality Certification public notice

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-010,
				224.10-100,
				224.16-050,
				224.16-070,
				350.060,
				33 U.S.C.
				1251-1387,
				EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.16-050 authorizes the cabinet to certify
				pursuant to
				33
				U.S.C. 1341 that applicants for a federal
				permit regarding the construction or operation of facilities, which may result
				in a discharge of dredged or fill material into the waters of the Commonwealth,
				as defined in
				KRS
				224.01-010(33), shall comply
				with the applicable provisions of the Federal Water Pollution Control Act,
				33 U.S.C.
				1251-1387.
				This administrative regulation establishes the procedures for public notice of
				Section 401, Individual Water Quality Certifications. EO 2008-507 and 2008-531,
				effective June 16, 2008, abolish the Environmental and Public Protection
				Cabinet and establish the new Energy and Environment Cabinet. This
				administrative regulation is not more stringent than the federal
				counterpart.
Section 1. Public Notice.
(1) The cabinet shall give public notice of
			 receipt of a complete application for a Section 401 Individual Water Quality
			 Certification.
(a) A complete application
			 shall contain the information necessary to allow a meaningful review of the
			 project based on its merits.
1. An applicant
			 for a project relating to surface mining coal operations shall submit the
			 Application for Water Quality Certification for Surface Coal Mining
			 Activities.
2. All other applicants
			 seeking certification shall submit the Application for Permit to Construct
			 Across or Along a Stream and/or Water Quality Certification.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 9 - Water Quality Certification › Section 401 KAR 9:020 - Section 401 Water Quality Certification fees and certification timetable

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224, 224.10-220, 224.10-100,
				224.16-050, 224.16-070, 224.71-100,
				33 U.S.C.
				1251-1387,
				EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 authorizes the cabinet to
				establish a fee for the cost of processing applications for permits authorized
				under KRS Chapter 224.
				KRS
				224.10-220 requires the cabinet to establish
				timetables for the issuance of permits.
				KRS
				224.16-050 authorizes the cabinet to certify,
				pursuant to
				33
				U.S.C. 1341, that applicants for a federal
				permit for the construction or operation of facilities, which may result in a
				discharge into the waters of the Commonwealth, will comply with the applicable
				provisions of the Federal Water Pollution Control Act,
				33 U.S.C.
				1251-1387.
				This administrative regulation establishes fees and a certification timetable
				for processing applications for Section 401 Water Quality Certifications. EO
				2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and
				Public Protection Cabinet and establish the new Energy and Environment Cabinet.
				This administrative regulations is neither more nor less stringent than federal
				requirements.
Section 1. Definitions.
(1) "Agriculture operation" is defined by
			 KRS
			 224.71-100(1).
(2) "Natural person" means an individual
			 person distinguished from a person as defined in
			 KRS
			 224.01-010(17).
(3) "Personal residence" means a natural
			 person's primary place of abode.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 10 - Water Quality Standards › Section 401 KAR 10:026 - Designation of uses of surface waters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 146.200 - 146.360,
				146.410 - 146.535, 146.550 - 146.570, 146.600 -146.619, 146.990, 224.1-010,
				224.1-400, 224.16-050, 224.16-070, 224.70-100 - 224.70-140, 224.71-100 -
				224.71-145, 224.73-100 - 224.73-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to develop
				and conduct a comprehensive program for the management of water resources and
				to provide for the prevention, abatement, and control of pollution. This
				administrative regulation and
				401 KAR
				10:001,
				401 KAR
				10:029,
				401 KAR
				10:030, and
				401 KAR
				10:031 establish procedures to protect the surface
				waters of the Commonwealth, and thus protect water resources. This
				administrative regulation applies the designated uses described in
				401 KAR
				10:031 to the surface waters of the Commonwealth. This
				administrative regulation also establishes that all surface waters shall be
				subject to the general criteria specified in
				401 KAR
				10:031, Section 2.
Section
			 1. Scope of Designation.
(1) All
			 surface waters of the Commonwealth listed in this administrative regulation
			 shall be designated for all legitimate uses contained in
			 KRS
			 224.70-100(1):
(a) Except as established in
			 401 KAR
			 10:031, Sections 5 and 8 and listed in Tables B and C
			 of this administrative regulation; or
(b) Unless redesignated in accordance with
			 the procedures established in Section 2 of this administrative regulation and
			 listed in Table D of this administrative regulation.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 10 - Water Quality Standards › Section 401 KAR 10:031 - Surface water standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 146.200 - 146.360,
				146.410 - 146.535, 146.550 - 146.570, 146.600 -146.619, 146.990, 224.1-010,
				224.1-400, 224.16-050, 224.16-070, 224.70-100 - 224.70-140, 224.71 -100 -
				224.71-145, 224.73-100 - 224.73-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to develop
				and conduct a comprehensive program for the management of water resources and
				to provide for the prevention, abatement, and control of water pollution. This
				administrative regulation and
				401 KAR
				10:001,
				401 KAR
				10:026,
				401 KAR
				10:029, and
				401 KAR
				10:030 establish procedures to protect the surface
				waters of the Commonwealth, and thus protect water resources. This
				administrative regulation establishes water quality standards that consist of
				designated legitimate uses of the surface waters of the Commonwealth and the
				associated water quality criteria necessary to protect those uses. These water
				quality criteria are minimum requirements that apply to all surface waters in
				the Commonwealth of Kentucky in order to maintain and protect them for
				designated uses. These water quality standards are subject to periodic review
				and revision in accordance with the Clean Water Act,
				33 U.S.C.
				1251-1387,
				40 C.F.R. 131, and KRS Chapter 224.
Section
			 1. Nutrients Criterion. Nutrients shall not be elevated in a
			 surface water to a level that results in a eutrophication problem.
Section 2. Minimum Criteria Applicable to All
			 Surface Waters.
(1) The minimum water quality
			 criteria established in this administrative regulation shall be applicable to
			 all surface waters including mixing zones, with the exception that toxicity to
			 aquatic life in mixing zones shall be subject to the provisions of
			 401 KAR
			 10:029, Section 4. Surface waters shall not be
			 aesthetically or otherwise degraded by substances that:
(a) Settle to form objectionable
			 deposits;
(b) Float as debris,
			 scum, oil, or other matter to form a nuisance;
(c) Produce objectionable color, odor, taste,
			 or turbidity;
(d) Injure or are
			 chronically or acutely toxic to or produce adverse physiological or behavioral
			 responses in humans, animals, fish, and other aquatic life;
(e) Produce undesirable aquatic life or
			 result in the dominance of nuisance species; or
(f) Cause fish flesh tainting.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 11 - Certified Operators › Section 401 KAR 11:001 - Definitions for 401 KAR Chapter 11

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				223.160 - 223.220, 224.1-010,
				224.73-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110 authorizes the cabinet to
				promulgate administrative regulations concerning the certification of
				wastewater operators.
				KRS
				223.200 requires the cabinet to promulgate
				administrative regulations concerning the certification of water treatment and
				distribution system operators.
				KRS
				224.73-110 requires wastewater system
				operators to be certified by the cabinet. This administrative regulation
				establishes definitions applicable to the certification of wastewater and water
				operators.
Section 1. Definitions.
(1) "Active certificate" means a current and
			 valid certificate that:
(a) Has been renewed
			 for the current period as established in
			 401 KAR
			 11:050; and
(b) Authorizes the operator to operate the
			 type of water or wastewater facility indicated on the certificate.