401 KAR 5:005. Permits to construct,
modify, or operate a facility.
RELATES TO: KRS 224.10-100, 224.16-050,
224.16-060, 224.70-100, 224.70-110, 40 C.F.R. 144.26, 26 U.S.C. 501(c)(3), 42
U.S.C. 300f-300j, EO 2008-507, 2008-531
STATUTORY AUTHORITY: KRS 224.10-100(5),
224.10-110, 224.16-050, 224.16-060, 224.70-100, 224.70-110
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.10-100(5) 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. 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 establishes administrative procedures for the
issuance of permits for the construction, modification, and operation of facilities
authorized by KRS Chapter 224 and establishes conditions for construction of
facilities under 401 KAR Chapter 5. The administrative regulation also
establishes a schedule of fees to recover the costs of issuance for certain
classes of permits. There is not a federal law or regulation relating to
construction requirements for wastewater treatment plants or the operational requirements
for no discharge operations; therefore, this administrative regulation is not
more stringent than the federal requirements.
Section 1. Applicability. (1) This
administrative regulation shall apply to an owner and an operator of a sewage
system, except:
(a) A septic tank with a subsurface
discharge;
(b) A pretreatment facility regulated by
a pretreatment program or intermunicipal agreement, approved pursuant to 401
KAR 5:057; or
(c) An authorization by permit or rule
that is prepared to assure that underground injection will not endanger a
drinking water supply, pursuant to the Safe Drinking Water Act, 42
U.S.C.300f-300j, and that are issued pursuant to a state or federal Underground
Injection Control program; and
(d) An underground injection control well
that is permitted pursuant to 40 C.F.R. 144 if:
1. The permit is protective of public
health and welfare; and
2. The permit prevents the pollution of
ground and surface waters.
(2) Unless exempted pursuant to
subsection (3)(b) of this section or paragraph (a) of this subsection, a person
shall not construct, modify, or operate a facility without having received a
permit from the cabinet.
(a) A construction or modification permit
shall not be required for maintenance replacement for components of an existing
facility or for changes that do not affect the treatment processes of the
facility, but shall be required for replacement of an entire wastewater treatment
plant (WWTP).
(b) The operational permit provisions of
Section 27 of this administrative regulation shall be satisfied by those
facilities that have a valid KPDES permit.
(3) This subsection shall apply to an
agricultural waste handling system, industrial WWTP, or a storm water WWTP.
(a) The following requirements shall
apply to an agricultural waste handling system:
1. An agricultural waste handling system
that conveys, stores, or treats manure from a concentrated animal feeding operation
shall:
a. Obtain a permit to construct or modify
the facility, pursuant to Sections 2 and 24of this administrative regulation;
and
b. Obtain a KPDES permit; and
2. All other agricultural waste handling
systems shall:
a. Obtain a permit to construct, modify,
or operate the facility pursuant to Sections 2, 24, 25, 27, and 30(1)(h) and
(i) of this administrative regulation; and
b. Obtain a Kentucky No Discharge
Operational Permit (KNDOP).
(b) The following shall apply to
industrial wastewater treatment plants (IWWTPs):
1. An IWWTP with a closed loop system or
a system that uses spray irrigation for disposal shall:
a. Obtain a KNDOP permit;
b. Comply with Sections 2, 25, 27, and 30(1)(e)
through (h) of this administrative regulation; and
c. Not be required to obtain a permit to
construct or modify the facility;
2. An IWWTP with a discharge to the
waters of the Commonwealth shall:
a. Comply with the Five Mile Limit
Policy;
b. Obtain a KPDES permit to discharge
into the waters of the Commonwealth;
c. Comply with any other applicable
standard or requirement of 401 KAR Chapter 5; and
d. Not be required to obtain a permit to
construct or modify the facility; and
3. A sewer line that conveys wastewater
to an IWWTP shall not be required to obtain a construction permit.
(c) The following requirements shall
apply to a WWTP that collects, conveys, or treats only storm water:
1. A permit to construct or modify the
facility shall not be required for a WTTP that collects, conveys, or treats only
storm water and discharges into the waters of the Commonwealth.
a. These facilities shall comply with 401
KAR 5:035 through 5:080 and 401 KAR 10:026 through 10:031.
b. 401 KAR 5:060 establishes if these
facilities shall obtain a KPDES permit.
2. A WTTP that collects, conveys, or
treats only storm water and does not discharge into the waters of the
Commonwealth shall obtain an operational permit pursuant to Sections 2, 25, 27,
and 30(1)(e) through (h) of this administrative regulation.
Section 2. Application Submittal. (1) An
application to construct, modify, or operate a facility, or renew the
operational permit for a facility shall be submitted on the applicable forms
established in this subsection and shall include the applicable supporting
information pursuant to Section 3 of this administrative regulation, applicable
construction permit fees pursuant to Section 5 of this administrative regulation,
applicable modification or operating permit fees, and plans and specifications
for the proposed construction or modification pursuant to Section 6 of this
administrative regulation.
(a) For construction of a sewer line extension,
the applicant shall submit a completed Construction Permit Application for
Sewer Line Extension.
(b) For construction of a WWTP or WWTP
with a sewer line with a direct discharge, the applicant shall submit or shall
have submitted:
1. The completed KPDES applications pursuant
to 401 KAR 5:060; and
2. A completed Construction Permit
Application for Wastewater Treatment Plant.
(c) For a WWTP construction project without
a discharge other than an agricultural waste handling system, the applicant
shall submit:
1. A completed Construction Permit
Application for Wastewater Treatment Plant, Form W-1; and
2. A completed Kentucky No Discharge
Operational Permit Application, Form ND.
(d) For an operational permit or renewal
of a Kentucky No Discharge Operational Permit (KNDOP) other than an agricultural
waste handling system, the applicant shall submit a completed Kentucky No
Discharge Operational Permit Application, Form ND.
(e)1. For construction, renewal,
modification, or operation of agricultural waste handling systems that do not
discharge and do not intend to discharge, the applicant shall submit a
completed Kentucky No Discharge Operational Permit Application for Agricultural
Wastes Handling Systems, Short Form B.
2. For a construction approval, an applicant
shall also submit a completed Site Survey Request.
(f) For construction of minor
modifications to a WWTP, the applicant shall submit a completed Construction
Permit Application for Wastewater Treatment Plant.
(g) For WWTP construction projects with a
discharge for an individual residence, the applicant shall submit a completed notice
of intent for coverage under a general permit issued pursuant to 401 KAR 5:055.
(h) For operational permits or renewals
of operational permits for publicly owned sewer systems that have at least
5,000 linear feet of sewer line and that discharge to a sewer system or a WWTP that
is owned by another person, the applicant shall submit a completed Kentucky Inter-System
Operational Permit Application.
(2) Signatures.
(a) An application and all reports
required by the permit shall be signed by the responsible corporate officer or
the person having primary responsibility for the overall operation of the
facility.
1. For a municipality, state, federal, or
other public agency, the signee shall be a principal executive officer or
ranking elected official or the designee.
2. An application or report may be signed
by a duly authorized representative, if the authorization has been made in
writing by the responsible person.
(b) Certification. A person signing a
document in accordance with paragraph (a) of this subsection shall make the
following certification: "I certify under penalty of law that this
document and all attachments were prepared under my direction or supervision.
The information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting
false information, including the possibility of fine and imprisonment for known
violations."
Section 3. Application; Construction
Permit Supporting Information. For those facilities required to submit a
Construction Permit Application for Wastewater Treatment Plant or Construction
Permit Application for Sewer Line Extensions, the following information shall
be submitted with the application pursuant to Section 2 of this administrative
regulation:
(1)(a) The applicant shall identify who
will inspect and certify that the facility under construction conforms to the
plans and specifications approved by the cabinet in accordance with this
administrative regulation.
(b) Facilities designed by an engineer
shall be inspected and certified by an engineer;
(2) The applicant shall provide:
(a) An estimate for the cost of the
facility and the sources of project funding;
(b) A USGS 7.5 minute topographic map
with the proposed project site identified;
(c) The North American Datum 1983 (NAD
83), degree, minutes, and seconds measurement of the proposed project’s
latitude and longitude; and
(d) An estimate, and the basis for the
estimate, for the average daily flow added by the proposed project;
(3) Closure plan.
(a) If an existing facility or a portion
of a facility will be taken out of service, the applicant shall submit a
closure plan discussing the following items:
1. How the facility will be constructed
and how the sewage will be diverted to the new construction without a bypass to
a stream. If a bypass is unavoidable during construction, the applicant shall
submit:
a. An explanation of why construction
cannot occur without the bypass;
b. An estimate of the shortest duration
for the construction to be completed;
c. A description of all equipment,
material, labor, and any other item necessary to complete the construction; and
d. An estimate of when the necessary
items for the construction will be on-site;
2. How the contents of the facility will
be removed and properly disposed;
3. How the abandoned facility will be
removed or filled and covered; and
4. How the abandoned sewers will be
plugged and manholes filled and covered.
(b) If an existing WWTP discharge is
eliminated, the owner of the WWTP shall submit a completed No Discharge
Certification within thirty (30) days after the elimination of the discharge;
(4) Preliminary submittal. Applicants for
WWTP construction permits may submit the following information prior to formal
submittal of the construction application, to allow the applicant to receive a
preliminary determination on the suitability of the proposed discharge location
and preliminary effluent limits used in the design of the facility.
(a) If the information in this subsection
is not submitted prior to the formal submittal, the information shall be
submitted with the construction application.
(b) The preliminary determination shall
be valid for up to one (1) year after issuance of the preliminary determination
or until the issuance of the KPDES permit, whichever occurs first.
(c) The preliminary determination shall
not be a guarantee of final permit limits and may be changed as a result of
information presented during the public notice phase of the KPDES permitting
procedure.
(d) The preliminary effluent limits shall
be contingent upon the validity, accuracy, and completeness of the following
information that the applicant shall submit:
1. A reproducible copy of a USGS 7.5
minute topographic map with the projected service area outlined, the proposed
WWTP location, and the discharge point identified on the map;
2. A letter from the regional planning
agency stating whether the applicant's project is compatible with the regional
facility plan or water quality management plan;
3.a. For a new or an expansion of an
existing regional facility pursuant to 401 KAR 5:006, a regional facility plan
or water quality management plan.
b. The planning requirements of
Recommended Standards for Wastewater Facilities (Ten States' Standards) shall
be satisfied by the cabinet's approval of a regional facility plan or a water
quality management plan;
4. For a WWTP project, a demonstration
that the users of the proposed WWTP cannot be served by an existing regional
facility. The applicant shall provide a detailed evaluation of alternatives by
conducting a twenty (20) year present worth cost analysis.
a. The distance criteria for determining
availability shall not apply to a WWTP with an average daily design capacity
less than or equal to 1,000 gpd.
b. The distance shall be measured along
the most feasible route of connection to a point where the downstream sewer has
capacity to carry the additional flow; and
5. An estimate and the basis for the
estimate of the average daily flow added by the proposed project;
(5) For a WWTP project, the applicant
shall submit the following influent design values:
(a) Average daily flow;
(b) Peak daily flow;
(c) Peak hourly flow;
(d) Peak instantaneous flow;
(e) BOD;
(f) Influent suspended solids;
(g) Phosphorus; and
(h) Ammonium nitrogen (NH3-N);
(6) For a WWTP project, if the discharge
point of a proposed WWTP fails to coincide with a stream indicated as a blue
line on a USGS 7.5 minute topographic map, the applicant shall demonstrate that
the applicant has a recorded deed, recorded other right of ownership, or
recorded right of easement to discharge the applicant's effluent across any
land owner's property that comes between the point of discharge and a blue line
stream;
(7) For a WWTP project, the applicant
shall submit a copy of the plat or survey clearly indicating the property
boundaries, the position of the proposed facility, and the position of the dwellings
within 200 feet of the WWTP;
(8) For a WWTP project, the applicant
shall provide a sludge management plan that includes the method of sludge
processing and ultimate sludge disposal;
(9) For a WWTP project, the applicant
shall indicate that laboratory services shall be provided for self-monitoring
and process control to ensure that the WWTP operation complies with the permit;
and
(10) For a WWTP project, the applicant
shall submit:
(a) A schematic drawing of the WWTP
layout and detailed explanation of the proposed facility and its method of
operation;
(b) The WWTP's reliability category and a
demonstration of how the WWTP complies with the reliability requirements in Section
13 of this administrative regulation; and
(c) The design calculations used to size
the unit processes.
Section 4. Application; Preliminary
Considerations. (1) A permit shall not be granted to a facility that is not
compatible with a regional facility plan or with a water quality management
plan approved by the cabinet or the U.S. EPA.
(2) A new open-top component of a WWTP
shall not be located within 200 feet of an existing dwelling or property line;
except:
(a) A WWTP that serves an individual
residence shall not be required to be at least 200 feet from the dwelling that
it serves; and
(b) An open-top component of a WWTP may
be located within 200 feet of another dwelling that the WWTP does not serve or
a property line if:
1. The WWTP or component is enclosed
within a building that controls odors and dampens noise; or
2. The applicant demonstrates that an
equivalent method for noise and odor control shall be provided.
(3) A discharge point or direct discharge
into a wellhead protection area shall comply with Water Policy Memorandum No.
84-02, Five Mile Limit Policy, if that public drinking water well or spring is
under the direct influence of surface water.
(4) The initial suitability of a location
for a proposed discharge point or spray irrigation field shall be determined by
the cabinet after site inspection. In determining the suitability of the
location, the cabinet shall consider the:
(a) distance to the nearest dwelling;
(b) Distance to water intake used for a
public water supply;
(c) Downstream land use;
(d) Physical characteristics and current
use of the stream;
(e) Physical characteristics of the
proposed spray field including karst topography;
(f) Need for easements;
(g) Location of property boundaries; and
(h) Other items consistent with this
administrative regulation and KRS Chapter 224.
(5) If the discharge from the WWTP enters
a sinkhole directly or enters a disappearing stream, the applicant shall submit
a proposal for a groundwater tracer study or results from a previously
conducted study to the cabinet.
(a) The cabinet shall accept a
groundwater tracer study or a proposal for a groundwater tracer study if it is
sufficiently scientifically rigorous to:
1. Establish if a hydrologic connection
exists with surface waters that may result in additional or more stringent
permit limitations;
2. Establish if a hydrologic connection
exists with domestic water supply intakes within five (5) miles; and
3. Establish if a hydrologic connection
exists with drinking water wells within five (5) miles.
(b) The cabinet shall notify that
applicant of the cabinet’s acceptance or denial of a proposed groundwater
tracer study.
(c) If the cabinet accepts a proposal for
a groundwater tracer study, the applicant shall conduct the groundwater tracer
study and submit the completed groundwater tracer study to the cabinet.
(d) The cabinet shall issue, deny, or
modify the permit based upon the findings of a scientifically rigorous
groundwater tracer study.
(6) The cabinet may condition or deny a
permit to construct or expand a facility based on its compatibility with a
regional facility plan or the availability of a regional facility.
(a) Permits to construct, expand, or
operate a sewage system shall require connection to a regional facility if one
(1) becomes available and shall not be renewed, reissued, or modified to remove
that requirement unless a regional facility is no longer available.
(b) The distance criteria to determine if
a regional facility is available shall be measured along the most feasible
route of connection to a point where the downstream sewer has capacity to carry
the additional flow.
(7) Pursuant to 401 KAR 5:300, the
cabinet may coordinate issuance of a construction permit for WWTPs that require
a new KPDES permit or modification to a KPDES permit with the issuance of the
KPDES permit to ensure that public comments received as a result of the public
notice requirements of 401 KAR 5:075 shall be considered in the issuance of the
construction permit.
(a) The cabinet may also coordinate
issuance of construction approval for the associated sewer lines with the
issuance of the construction permit for the WWTP.
(b) The cabinet may condition or deny the
construction permit based on those public comments.
(8)(a) The cabinet shall issue a notice
of deficiency for the deficiencies in the application, fees, supporting
information, or plans and specifications.
(b) Failure of the applicant to respond
to a notice of deficiency within thirty (30) days shall result in the
application being terminated without the issuance of a construction permit.
Section 5. Fees. (1) Except as specified
in KRS 224.10-100, 224.16-050, and subsection (5) of this section, the
applicant shall submit a construction permit fee as provided in subsection (4)
of this section with the construction permit application and any applicable
KPDES fee.
(2) If the cabinet denies a construction
permit for a WWTP or sewer line, the fee for the construction permit shall be
retained by the cabinet, unless the fee is for a WWTP that serves only an individual
residence.
(3) The applicant shall make checks or
money orders payable to the Kentucky State Treasurer.
(4) Construction permit fees shall be as
shown on the following schedule, except as provided in subsection (5) of this
section.
Facility Category
Construction
Permit Fee
Large Facility: WWTP
$1,800
Intermediate Facility: WWTP
$900
Small Facility: WWTP
$450
Minor Modification to a WWTP:
$200
Small Facility for Nonprofit Organizations pursuant
to KRS 224.16-050(5):
$50
Large Facility: Sewer Lines
$800
Intermediate Facility: Sewer Lines
$400
Small Facility: Sewer Lines
$200
(5) Fees established in this section
shall not apply to an agricultural waste handling system or to a renewal of a
KNDOP permit.
(6) The WWTP fee shall apply to the WWTP
project and sewers or pump stations located on the plant property.
(a) A sewer fee shall apply to all
sewers, force mains, and pump stations that are bound together as one (1) set
of plans.
(b) If a WWTP project includes sewers,
force mains, or pump stations located off of the plant property, at least two
(2) fees shall be submitted.
(7) To qualify for the reduced fee in
subsection (4) of this section, nonprofit organizations shall submit proof that
they are qualified pursuant to 26 U.S.C. 501(c)(3).
Section 6. Plans and Specifications. (1)
The applicant shall submit to the cabinet at least three (3) sets of detailed
plans and specifications for the facility. Plans for gravity sewer lines and
force mains shall include a plan view and a profile view.
(2) The cabinet may request additional
information as is necessary to evaluate the facility to ensure compliance with
this administrative regulation.
(3) If cabinet approval is obtained,
changes shall not be made to the plans and specifications that would alter or
affect the location, capacity, type of treatment process, discharge location,
or quality of effluent without issuance of a modified permit from the cabinet.
(4) If a proposed facility will become a
part of a sewer system served by a regional facility or has a projected average
daily design capacity of 10,000 gpd or more, the plans and specifications shall
be prepared, stamped, signed, and dated by a professional engineer.
(5) The plans shall be accompanied by
engineering calculations necessary for the understanding of the basis and
design of the facility.
(6) If a proposed facility’s design
capacity is less than 10,000 gpd, the cabinet may require the plans to be
prepared, stamped, signed, and dated by a professional engineer if there is not
sufficient operating data available from previous similar installations.
Operation data shall demonstrate that water quality standards have not been
violated and that there have not been significant operational problems.
Section 7. Design Considerations. (1)(a)
Facilities, except an extended aeration package WWTP with an average daily
design capacity less than 100,000 gpd, shall be designed in accordance with the
Recommended Standards for Wastewater Facilities of the Great Lakes-Upper
Mississippi River Board of State Public Health and Environmental Managers, commonly
referred to as Ten States' Standards.
1. A deviation from the Ten States'
Standards requirements shall be approved if the applicant submits a written
request for a deviation with the basis for the request pursuant to this paragraph.
2. The basis for the deviation request
shall be supported by current engineering practice. Some references to current
engineering practice may be found in the Wastewater Engineering Treatment, Disposal,
Reuse by Metcalfe and Eddy, Inc.
3. Design calculations and other supporting
documentation to support the deviation shall be submitted to the cabinet.
(b) Other practices may be required by
the cabinet based on the cabinet's best professional judgment that the
practices are necessary for the protection of public health and the environment.
(c) Other practices shall be approved by
the cabinet if sufficient operational experience is available from previous
similar installations to indicate operational problems have not occurred, that
water quality standards have not been violated, and design calculations and documentation
to support the other practice have been submitted to the cabinet.
(2) The applicant shall demonstrate that
the effluent from a proposed facility shall:
(a) Protect those minimum conditions listed
in 401 KAR 10:031 that are applicable to all waters of the Commonwealth;
(b) Not cause those waters designated by
401 KAR 10:026 or categorized by 401 KAR 10:030 to be of lesser quality than
the numeric criteria applicable to those waters in 401 KAR 10:031 or the requirements
of 401 KAR 10:030; and
(c) Be in accordance with any facility requirement
established in 401 KAR Chapter 5.
(3) Each WWTP shall have a flow measuring
device at the plant capable of measuring the anticipated flow, including variations,
with an accuracy of ± ten (10) percent.
(a) The flow measuring device shall
measure all flow discharged by the WWTP including any bypasses.
(b) An indicating, recording, and
totalizing flow measuring device shall be installed at each large WWTP.
(c) A flow measuring device for new large
WWTPs shall meet the requirements of Section 12 of this administrative
regulation.
(4) A of any type shall not be
constructed in a sewer line or pump station or at a WWTP unless construction of
the bypass or overflow structure is necessary to prevent loss of life, personal
injury, or severe property damage and there is not a alternative.
Section 8. Requirements for Sewer Line
Extensions. (1) If the applicant does not own all of the proposed sewer line
extension, the applicant shall identify the owner and the portion of the sewer
line extension owned by the other person.
(2) The applicant shall submit letters
from:
(a) The owner of the sewer line extension
stating that the owner shall accept operation and maintenance responsibilities
for the sewer line extension as it is constructed;
(b) The owner of the sewer system stating
that the owner approves the connection and accepts responsibility for the
additional flow; and
(c) The owner of the WWTP stating that
the owner approves the connection and accepts responsibility for the additional
flow.
(3)(a) The applicant shall demonstrate
that the portion of the sewer system used by the connection has adequate
capacity to transport the current and anticipated peak flow to the WWTP and
that the portion of the sewer system used by the connection shall not be subject
to excessive infiltration or excessive inflow.
(b) The cabinet may deny a sewer line
extension for that portion of the sewer system if the portion of the system is
subject to excessive infiltration or excessive inflow unless a plan for
investigation and remediation that addresses these conditions has been submitted
and is being implemented.
(4)(a) The applicant shall demonstrate
that the WWTP that receives the waste has adequate capacity to treat the
current and the anticipated flow and is not subject to excessive infiltration
or excessive inflow.
(b) The cabinet may deny the sewer line
extension if the WWTP does not have adequate capacity to treat the flow or is
subject to excessive infiltration or excessive inflow unless a plan for
investigation and remediation that addresses these conditions has been submitted
and the plan is being implemented.
(5) The entrance of groundwater into, or
loss of waste from, a new gravity sewer line shall be limited to 200 gpd per
inch of diameter per mile of the gravity sewer line. This limitation includes
manholes, gravity sewer lines, and appurtenances.
(6)(a) The integrity of a new gravity
sewer line shall be verified by either the infiltration-exfiltration or low
pressure air testing method.
1. An infiltration-exfiltration test
shall be performed with a minimum positive head of two (2) feet.
2. A deflection test shall be performed
for each new flexible pipe; pipe deflection shall not exceed five (5) percent.
3. Each new manhole shall be tested for
watertightness.
(b) The integrity of a new force main
shall be verified by leakage tests. The applicant shall describe the proposed
testing methods and leakage limits in the specifications submitted with the
permit application.
(7) The construction of a new combined
sewer shall not be permitted unless it is a consolidation sewer, flood relief
sewer, or a replacement of a combined sewer that:
(a) Conforms with the long-term CSO
control plan;
(b) Enhances water quality; and
(c) Protects public health and safety.
(8) A gravity sewer line and a force main
shall be designed and constructed to give mean velocities, when flowing full,
of not less than two and zero-tenths (2.0) feet per second.
(a) The roughness coefficient used in the
Manning or Kutter's formula shall be 0.013, or the "C" factor used in
the Hazen-Williams Formula shall be 100.
(b) If the specifications allow only
plastic pipe, a roughness coefficient of 0.011 or a "C" factor of 120
may be used.
(c) A roughness coefficient between 0.013
and 0.011 may be used for other pipe materials if sufficient documentation of
experimental testing is submitted to the cabinet and if the testing supports
the use of the design roughness coefficient.
(9) A gravity sewer line and a force main
shall have a minimum of thirty (30) inches of cover or provide comparable protection.
(10) If a gravity sewer line and a force main
are to be constructed in fill areas, the fill areas shall be compacted to
ninety-five (95) percent density as determined by the Standard Proctor Density
test or to a minimum of ninety (90) percent density as determined by the
Modified Proctor Density test prior to the installation of the sewer lines.
(11) The minimum diameter for a conventional
gravity sewer line shall be eight (8) inches, except that:
(a) The minimum diameter for an extension
to an eight (8) inch or larger sewer line if a future extension is not feasible
shall be six (6) inches;
(b) The minimum diameter for an extension
to a six (6) inch sewer line shall be six (6) inches; and
(c) A sewer line shall be sized based
upon engineering calculations consistent with current engineering practices.
(12) A manhole shall be provided at the
junction of two (2) building sewers. This subsection shall not apply to
building sewers that serve a single-family residence.
(13) The following building sewers shall
be exempt from the requirements of this administrative regulation:
(a) A gravity sewer that:
1. Discharges directly to the sewer main;
and
2. Serves a single building; and
(b) A force main sewer, regardless of the
location of the pump station that:
1. Discharges directly to a gravity sewer
main; and
2. Serves a single building.
(14) Except as provided in paragraph (b)
of this subsection, a sewer line shall be located at least fifty (50) feet away
from an intermittent or perennial stream except where the sewer alignment
crosses the stream.
(a) The distance shall be measured from
the top of the stream bank.
(b) The applicant may request a variance
from the requirement established in this subsection.
(15) A gravity sewer line and a force main
that cross streams shall be constructed by a method that maintains normal
stream flow and allows for a dry excavation.
(a) Water pumped from the excavation
shall be contained and allowed to settle prior to reentering the stream.
(b) Excavation equipment and vehicles
shall operate outside of the flowing portion of the stream.
(c) Spoil material from the sewer line
excavation shall not be allowed to enter the flowing portion of the stream.
(16) A pump station wetwell shall be
sized such that, based on the average flow, the time to fill the wetwell from
the pump-off elevation to the pump-on elevation shall not exceed thirty (30) minutes.
(17) A pump station wetwell shall have a
vent.
(18) A pump station shall provide a
minimum of two (2) hours of detention, based on the average design flow, above
the high level alarm elevation or provide an alternate source of power with wetwell
storage providing sufficient time for the alternative power source to be
activated.
(19) Each high point in the force main
shall have an automatic air release valve.
(20) The applicant shall submit a
performance curve for a proposed pump station.
(21) A simplex design shall be used only
for a pump station that serves an individual residence or business, and a spare
pump shall be available for immediate installation.
Section 9. Municipal Water Pollution
Prevention Program. This section applies to owners of regional WWTPs, sewer systems
served by regional WWTPs, and political subdivision facilities with KISOPs.
(1) For each regional WWTP, the cabinet
shall review the WWTP's reported monthly flows and organic loads for the most
recent twelve (12) months. If the annual average flow or organic load, or for
systems with combined sewer lines the lowest monthly flow and associated
organic load, exceed the following values, the cabinet shall advise the owner
of the WWTP of the need to address the potential overload condition pursuant to
subsection (2) of this section:
(a) For a regional WWTP with a design
capacity of ten (10) mgd or less, ninety (90) percent of the WWTP's average
daily design capacity; or
(b) For a regional WWTP with a design
capacity of more than ten (10) mgd, ninety-five (95) percent of the WWTP's
average daily design capacity.
(2) The cabinet shall deny the approval
of a sewer line extension until the owner of the WWTP agrees to address the
potential overload condition identified in subsection (1) of this section. The
owner shall address the condition by:
(a)1. Demonstrating, with supporting
documentation, that the average daily design capacity of the plant is greater
than the permitted amount.
2. The cabinet shall review the request
and if justified, shall issue a revised average daily design capacity for the
WWTP by issuing a modification to the KPDES permit;
(b) Expanding the WWTP to a size
sufficient to handle the anticipated flows and loads; or
(c) Performing other remedial measures that
address the condition.
(3) The cabinet shall deny a sewer line extension
that is of sufficient flow or adds load sufficient to exceed the remaining
design capacity of the WWTP or exacerbate water quality problems until the
owner of the WWTP agrees to address the design capacity or water quality
problem.
(4) The owners of the following
facilities shall conduct a study of the sewer system or the affected portion of
the sewer system that complies with subsections (5) and (6) of this section:
(a) A regional WWTP with a reported
average flow or organic load that exceeds the percent identified in subsection
(1)(a) or (b) of this section, as applicable, or a political subdivision KISOP
facility that either:
1. Receives more than 275 gallons per
capita per day of sewage flow based on the maximum flow received during a
twenty-four (24) hour period exclusive of industrial flow; or
2. Receives more than 120 gallons per
capita per day of sewage flow based on the annual average of daily flows
exclusive of industrial flow; or
(b) If subject to excessive infiltration
or excessive inflow, a regional WWTP, sewer system served by a regional WWTP,
or a political subdivision facility with a KISOP.
(5) The study shall determine if the
infiltration-inflow can be removed in a cost-effective manner by using a twenty
(20) year present worth cost analysis and if it cannot be, shall identify the
modifications to the sewer system, affected portion of the sewer system, or
affected portion of the WWTP necessary to transport and treat the infiltration-inflow.
(a) A schedule for completion of the
necessary modifications shall also be prepared.
(b)1. The study and schedule shall be
submitted to the cabinet for review and approval.
2. Approval shall be based on cost and
length of time required to correct the infiltration-inflow.
(6) For the infiltration-inflow study of
the sewer system or the affected portion of the sewer system, the owner shall:
(a) Use a map of the sewer system or the
affected portion of the sewer system to select manholes for the installation of
flow monitoring equipment;
(b) Install equipment to monitor flow at
the key manholes, groundwater levels, and rainfall volume and duration for a
period of thirty (30) to ninety (90) days;
(c) Conduct physical surveys, smoke
tests, and dye water studies of the affected portion of the sewer system;
(d) Evaluate the cost-effectiveness of
transportation and treatment versus correction of the infiltration-inflow
sources by using a twenty (20) year present worth cost analysis;
(e) Internally inspect the sewer lines in
the affected portion of the sewer system to determine the rehabilitation
locations and methods if the rehabilitation locations and methods cannot be
established by other analysis;
(f) Develop plans for rehabilitation of
the affected portion of the sewer system or modifications to the affected
portion of the facility necessary to transport and treat all flows; and
(g) Develop a schedule for completion of
the rehabilitation or modifications.
(7)(a) The owner of the facility shall
complete the necessary rehabilitation or modifications in accordance with the schedule
to which the applicant and cabinet agree.
(b) The cabinet may deny a further sewer
line extension if the owner is not meeting the schedule or is not making progress
that follows the schedule.
Section 10. Extended Aeration Package
WWTP Requirements. This section shall apply to an extended aeration package WWTP
intended to treat only domestic sewage but shall not apply to an extended
aeration package WWTP that serves an individual residence.
(1) A bar screen shall be provided for
each plant, except those with trash traps pursuant to Section 14 of this
administrative regulation.
(2) The aeration chamber shall have a
minimum detention time of twenty-four (24) hours based on the average design
flow.
(3) A minimum of 2,050 cubic feet of air
shall be provided per pound of BOD.
(4) The clarifier shall have:
(a) A minimum detention time of four (4)
hours based on the average design flow;
(b) A surface overflow rate of less than
1,000 GPD/ft2; and
(c) A solids loading of less than
thirty-five (35) lb/ft2 based on the peak daily design flow rate.
(5) A positive sludge return shall be
provided.
(6)(a) A source of water shall be
provided for cleanup.
(b) If a potable source is provided,
backflow preventers shall be installed to protect the water supply.
(7) Fencing with a lockable gate shall be
installed around the plant site.
(8) An all-weather access road to the
plant shall be provided.
(9) A sludge holding system shall be
provided for each large WWTP. The sludge holding system shall:
(a) Provide two (2) cubic feet of volume
per 100 gallons of WWTP design treatment capacity;
(b) Provide thirty (30) cubic feet per
minute (cfm) of air per 1,000 cubic feet of tank volume;
(c) Be designed to prevent overflows; and
(d) Transport supernatant to the aeration
chamber.
(10) For a large WWTP, motors and blowers
shall be installed sufficient to handle the load if the largest unit is taken
out of service.
(11) Post aeration, if required by
effluent limits, shall be designed to raise the effluent dissolved oxygen from
two (2) mg/l to the required effluent concentration.
(a) If a diffused air system is used, a
minimum blower capacity of 0.154 cubic feet per minute (cfm) per 1,000 gallons
of average daily design capacity shall be provided.
(b) If a step aeration ladder is used, a
minimum drop of nineteen (19) feet shall be provided.
(12) A WWTP with a monthly average permit
limit for CBOD of twenty (20) mg/l or less shall provide additional treatment.
(13) A WWTP that serves a restaurant or
other similar establishment where food is prepared and served and a food
grinder is used shall be designed to treat the additional BOD loading.
(14) Effluent discharge piping for a new WWTP,
except a regional facility, shall be designed to transport sewage to facilitate
a future connection to a regional facility.
(15) A used package extended aeration WWTP
may be used if the manufacturer or a professional engineer certifies that the tank
is structurally sound and all mechanical equipment has been reconditioned.
Section 11. Disinfection. (1) All WWTPs
shall have a disinfection process that meets the following requirements:
(a) An ultraviolet disinfection system
designed to treat the anticipated peak hourly flow;
(b) A chlorination system with a flow or
demand proportional feed system.
1. The chlorine contact tank shall have a
minimum detention time of thirty (30) minutes based on the average flow, or
fifteen (15) minutes based on the peak hourly flow, whichever requires the
larger tank size.
2. A WWTP shall also have a
dechlorination system with a flow or demand proportional feed system if
necessary to meet the effluent limits;
(c) A chlorination system with a manually
controlled feed system and a flow equalization basin designed to eliminate the
diurnal flow variations.
1. The flow equalization basin shall meet
the requirements of Section 17 of this administrative regulation.
2. The chlorine contact tank shall have a
minimum detention time of thirty (30) minutes based on the average design flow
or fifteen (15) minutes based on peak hourly flow.
3. A WWTP shall also have a
dechlorination system if necessary to meet the effluent limits; or
(d) Other disinfection processes may be
approved if they provide equivalent treatment.
(2) Tablet type chlorination equipment
shall not be used in an intermediate or large WWTP.
Section 12. Requirements for Flow
Measuring Devices. This section shall apply to a new large WWTP.
(1)(a) Each flow measuring device shall
be capable of measuring the anticipated flow, including variations, with an
accuracy of ± ten (10) percent.
(b) The flow measuring device shall
measure all flow received at the WWTP.
(c) An indicating, recording, and totalizing
flow measuring device shall be installed at each large WWTP.
(2)(a) If the influent and effluent flow
are expected to be significantly different, flow measuring devices shall be
provided for both the influent and the effluent flow.
(b) Multiple flow measuring devices shall
be provided for the following:
1. A WWTP that stores and
hydrographically controls the release of effluent;
2. A WWTP with flow equalization
facilities that are designed to store more than the volume required to dampen
the diurnal flow variations;
3. A WWTP with a lagoon that has a detention
time of greater than twenty-four (24) hours;
4. A WWTP with the capability to bypass a
treatment process; and
5. A WWTP with more than one (1)
discharge point.
(3) Sharp crested weirs shall be used for
measuring effluent flow only and shall have the following characteristics:
(a) The weir shall be installed
perpendicular to the axis of flow, and there shall not be leakage at the weir
edges or bottom;
(b) The weir plate shall be level and
adjustable;
(c) The sides of a rectangular contracted
weir shall be vertical;
(d) The angles of a V-notch weir shall be
cut precisely;
(e) The thickness of the weir crest shall
be less than one-tenth (0.1) of an inch;
(f) The distance from the weir crest to
the bottom of the approach channel shall be more than one (1) foot or two (2)
times the maximum weir head, whichever is greater;
(g) For a weir other than a suppressed,
rectangular weir, the distance from the sides of the weir to the sides of the approach
channel shall be more than (1) foot or two (2) times the maximum weir head,
whichever is greater;
(h) Air shall circulate freely under, and
on both sides of, the nappe;
(i) The measurement of head on the weir
shall be made at least four (4) times the maximum weir head upstream from the
weir crest;
(j)1. The cross-sectional area of the
approach channel shall be at least eight (8) times the area of the nappe.
2. The approach channel shall be straight
and uniform upstream from the weir for a distance of fifteen (15) times the maximum
weir head;
(k) The minimum acceptable weir head
shall be two-tenths (0.2) foot;
(l) The maximum downstream pool level
shall be at least two-tenths (0.2) foot below the crest elevation;
(m) The weir length for a rectangular,
suppressed, or cipolletti weir shall be at least three (3) times the maximum
weir head; and
(n) A reference staff gauge shall be
provided.
(4) Parshall flumes may be used to
measure influent or effluent flows and shall have the following characteristics:
(a) The approach channel upstream of the
flume shall be straight and have a width uniform for the length required by the
following:
1. If the flume throat width is less than
one-half (1/2) the width of the approach channel, the straight upstream channel
length shall be twenty (20) times the throat width;
2. If the flume throat width is equal to
or larger than one-half (1/2) the width of the approach channel, the straight
upstream length shall be greater than ten (10) times the approach channel
width; and
3. If the cross-sectional area of the
inlet to the approach channel is smaller than the cross-sectional area of the
approach channel, additional straight upstream channel length may be required
to dissipate the velocity if necessary to maintain laminar flow;
(b) The throat section walls shall be
vertical;
(c) The head measuring point shall be at
two-thirds (2/3) the length of the converging sidewall;
(d) The flow shall be evenly distributed
across the channel, shall be free of turbulence or waves, and shall not be
located after transition sections;
(e) The longitudinal and lateral axes of
the converging crest floor shall be level;
(f) Free flow conditions shall be
maintained; and
(g) A reference staff gauge shall be
provided for Ha and Hb to determine if submergence occurs.
(5) Other types of flow measuring devices
shall be approved if the device reasonably and accurately measures the flow.
Section 13. Reliability Categories. (1) A WWTP design shall:
(a) Provide
sufficient treatment units to allow for cleaning and repair without causing a
violation of effluent limitations or a bypass from the sewer system or WWTP;
and
(b) Provide
storage or treatment capability sufficient to:
1. Contain or
treat the volume of the largest tank if that tank is out of service; and
2. Contain or
treat the flow received during the time needed to drain, complete cleaning, and
accomplish an anticipated repair without causing a permit violation or bypass
of a treatment process.
(2) The cabinet
shall determine the reliability grade of a WWTP based on the water quality use
designation of the receiving stream, pursuant to 401 KAR 10:031.
(a) A Grade A WWTP
shall have:
1. Treatment units
and alternate power sufficient for the continuous use of all treatment processes
and disinfection, with the exception of alternate power for the aeration
equipment used in an activated sludge process; and
2. Full alternate
power capacity for a discharge to a stream segment within five (5) miles of a
public water supply intake.
(b) A Grade B WWTP
shall have:
1.a. Treatment
units sufficient for the continuous use of the preliminary, primary, and
secondary treatment processes and disinfection; and
b. If an
intermediate or large facility, alternate power sufficient for the continuous
use of the preliminary, primary, secondary treatment, and disinfection
processes, with the exception of alternate power for the aeration equipment
used in an activated sludge process; or
2. If a small
facility, a design that enables the small facility to connect to an emergency
generator.
(c) A Grade C WWTP
shall have:
1.a. Treatment
units sufficient for the continuous use of the preliminary treatment, primary
treatment, and disinfection processes; and
b. If an
intermediate or large facility, alternate power sufficient for the continuous
use of the preliminary treatment, primary treatment, and disinfection
processes; or
2. If a small
facility, a design that enables the small facility to connect to an emergency
generator.
(d) If alternate
power is required pursuant to this subsection:
1. Alternative
power shall be provided from the connection to at least two (2) independent
power sources or an emergency generator; or
2. The cabinet may
approve alternative measures for an intermediate or small facility if:
a. The applicant
can demonstrate that those measures provide protection comparable to
alternative power; and
b. The receiving
stream is not an OSRW, within five (5) miles of a public water supply intake,
or within five (5) miles of a wellhead protection area.
(3) The following
WWTPs shall meet the requirements for a Grade A WWTP:
(a) A WWTP
approved to discharge to a water body designated as an Outstanding State
Resource Water pursuant to 401 KAR 10:031.
(b) A WWTP
approved to discharge into a sinkhole or disappearing stream; and
(c) A WWTP
approved to discharge within five (5) miles of a public water supply intake or
discharge directly into a wellhead protection area.
(4) A WWTP shall
meet the requirements for a Grade B WWTP if it discharges within five (5) miles
upstream of the head of an embayment if the lake is at normal elevation.
(5) Except as
provided in subsection (6) of this section, a WWTP shall, at minimum, meet the
requirements for a Grade C WWTP.
(6) The cabinet
shall not assign a grade to:
(a) A WWTP
treating less than or equal to 1,000 gallons per day; or
(b) A WWTP serving an individual family
residence.
Section 14. Requirements for Trash Traps.
A trash trap shall not be used on a WWTP with a design capacity of larger than
100,000 gpd. A trash trap shall have an outlet baffle, be accessible to
cleaning equipment, have air-tight access openings for cleaning, allow for
cleaning in front of baffles, and have a volume required by this section.
(1) For a small WWTP, the trash trap
volume shall be fifteen (15) percent of the average daily design flow; and
(2) For an intermediate or large WWTP with
a design capacity of 100,000 gpd or less, the trash trap volume shall be as indicated
in the following table for the appropriate WWTP capacity. For capacities not
included, the volume shall be interpolated.
WWTP Capacity (GPD)
Trash Trap Volume (Gallons)
10,000
1,500
20,000
2,400
30,000
2,900
40,000
3,200
50,000
3,430
60,000
3,600
70,000
3,740
80,000
3,840
90,000
3,920
100,000
4,000
Section 15. Requirements for Slow Sand
Filters. (1) Wastewater loading shall not exceed five (5) GPD per square foot
of filter surface area.
(2) Filter areas larger than 900 square
feet shall have multiple beds.
(3) The discharge piping on the filter
bed shall be located so that the maximum lateral travel over the sand is less
than twenty (20) feet.
(4) Each discharge point shall serve a
maximum of 300 square feet of filter surface.
(5) Each discharge point shall have a
splash block with a minimum surface area of nine (9) square feet and a square
or circular shape.
(6) Distribution piping shall be designed
to drain properly.
(7) An underdrain shall be spaced on ten
(10) foot centers or less.
(8) Gravel shall be placed around the underdrain
and to a depth of six (6) inches over the top of the underdrain.
(9) The filter bed shall have at least
thirty (30) inches of sand with an effective size between three-tenths (0.3)
and five-tenths (0.5) millimeter.
(10) The dosing chamber shall have a volume
sufficient to provide a depth of two (2) inches over the entire filter bed.
Section 16. Requirements for Rapid Sand
or Mixed Media Filters.
(1) Rapid sand or mixed media filter
loadings shall not exceed one (1) gallon per minute per square foot of filter
surface area.
(2) If flow equalization is provided, the
allowable loading may be increased to two (2) gallons per minute per square
foot.
(3) A backwash system shall be provided.
Section 17. Requirements for Flow
Equalization Basins. (1) A flow equalization basin shall have:
(a) A variable flow weir box set to
deliver flow at a treatable rate;
(b) A minimum of 1.25 cfm of diffused air
per 1,000 gallons of flow equalization volume;
(c) An emergency overflow to an
appropriate point in the treatment scheme; and
(d) Sufficient volume to dampen the
diurnal flow variations.
(2) If site specific information or similar
flow pattern is not available, the flow equalization basin volume shall be
based on the following formula:
Where:
V is the required volume for the flow
equalization basin;
t is the number of hours flow is
generated; and
Q is the volume of flow anticipated to be
received at the WWTP during a twenty-four (24) hour period.
(3) A flow equalization basin with earth
embankments shall be constructed with a slope not steeper than 1:3 (one to
three) unless a steeper slope is supported by geotechnical and slope stability
studies.
(4) For a flow equalization basin constructed
in material other than earth, the applicant shall indicate how the basin will
be properly sealed.
Section 18. Requirements for Wastewater
Treatment Lagoons. (1) BOD loading shall be less than:
(a) Thirty-five (35) pounds per day per
acre of lagoon surface for a nonaerated primary lagoon system;
(b) Fifty (50) pounds per day per acre of
lagoon surface for a nonaerated polishing lagoon; and
(c) 150 pounds per day per acre of lagoon
surface for an aerated lagoon.
(2)(a) The lagoon design submittal shall
provide details on the aeration system proposed including:
1. The type, location, and capacity of
the aeration units;
2. The operating depth;
3. The area of the lagoon at the
operating depth;
4. Permeability and thickness of the
lagoon liner;
5. Anticipated ultimate wastewater flow;
and
6. Influent wastewater characteristics.
(b) A new lagoon system shall be designed
to treat a raw wastewater BOD of at least 240 mg/l.
(c) The lagoon design shall be evaluated
by the method established in Ten States' Standards and the predicted BOD
remaining shall be less than the required effluent concentration.
(3) A lagoon shall be at least 200 feet
from any present residence or adjacent property line.
(4) A nonaerated primary lagoon shall
have a minimum detention time of ninety (90) days.
(5) The Ten States' Standards requirement
for vegetation to be established prior to filling the lagoon shall not apply.
(6) An applicant proposing a lagoon with
an embankment slope steeper than one to three (1:3) shall provide geotechnical
and slope stability studies to support the design.
(7) The applicant shall indicate how a
basin constructed in material other than earth will be properly sealed.
Section 19. Additional Requirements for
WWTPs That Serve Schools. In addition to the requirements of Sections 10 through
18 of this administrative regulation, the following requirements shall apply to
a WWTP that serves a school:
(1) If a flow equalization basin is
provided it shall meet the requirements of Section 17 of this administrative
regulation;
(2) The aeration tank shall have at least
ten (10) gallons of capacity per day per student for elementary and middle
schools, or at least twenty (20) gallons of capacity per day per student for an
elementary or middle school, and a high school; and
(3) The secondary clarifier shall be
sized to provide a maximum surface loading, at the average design flow, of 300
GPD per square foot of clarifier surface area. If a flow equalization basin is not
provided, the secondary clarifier shall be sized to provide a maximum surface
loading of 100 GPD per square foot at average daily design flow.
Section 20. Additional Requirements for
WWTPs That Serve Multifamily Residential Developments. In addition to the
requirements of Sections 10 through 18 of this administrative regulation, the
following requirements shall apply to a WWTP that serves a multifamily residential
development. A multifamily residential development including subdivisions,
condominiums, apartments, and mobile home parks shall provide one (1) or more
of the following measures for additional reliability:
(1) Blowers and motors shall be installed
sufficient to handle the organic load if the largest unit is not available for
service;
(2) An alternate source of power; or
(3) Additional treatment units or
processes.
Section 21. Additional Requirements for
WWTPs That Propose Effluent Disposal by Spray Irrigation. In addition to the requirements
of Sections 10 through 18 of this administrative regulation, the requirements
in this section shall apply to a WWTP that proposes effluent disposal by spray
irrigation.
(1) One (1) acre of spray field shall be
provided for each 1,000 GPD of treated wastewater. An applicant proposing higher
application rates shall provide detailed design based on site-specified information.
(2) The following plans and
specifications shall be signed, sealed, and dated by a professional engineer
licensed in Kentucky:
(a) Plans for a
WWTP with a design capacity of more than 1,000 gallons per day that propose an
application rate greater than 1,000 gallons per acre per day; and
(b) Plans that
propose a final slope equal to or greater than ten (10) percent.
(3) A spray field
that has a slope greater than twenty-five (25) percent on any portion of the
spray field shall not be permitted.
(4) The soil of a
spray irrigation field shall have an average saturated hydraulic conductivity
of not less than six-tenths (0.6) inch per hour, as established by:
(a) The saturated
hydraulic conductivity value provided by an NRCS soil survey; or
(b) A saturated
soil test of the spray field.
(5) The spray
field shall have less than a six (6) percent slope unless:
(a) The average
saturated hydraulic conductivity for the spray field is more than six (6)
inches per hour; and
(b) The average
soil depth of the spray field is at least twenty-four (24) inches.
(6) The spray
irrigation field shall have sufficient vegetative growth to promote absorption,
evaporation, and transpiration.
(a) Vegetative
growth shall be perennial.
(b) Vegetative
growth shall cover not less than ninety-five (95) percent of the spray field
area.
(7) A twenty (20) foot buffer zone shall be
provided between the outer boundary of the spray field and the property
boundary or the applicant shall provide screening to inhibit the transport of
aerosols and windborne spray across property boundaries.
(8) A spray irrigation field for an
individual residence shall have a temporal or physical barrier that inhibits
human contact with the airborne spray.
(9) Effluent from the spray irrigation
field shall be contained on the owner's property.
(10) Setbacks.
(a) A construction permit shall not be
issued if a portion of the spray field is closer than 200 feet from an existing
dwelling.
(b) A portion of a spray field shall not
be closer than the minimum setback requirements for a leach bed as established
in 902 KAR 10:085, Section 8.
(c) If a setback provision of 902 KAR
10:085, Section 8, is less stringent than the setback requirements of this
subsection, the more stringent setback shall apply.
(11) Effluent derived from a wastewater
that contained human waste shall not be applied to an area in active production
of food for human consumption.
(12) A spray irrigation field for an
individual residence shall have the following additional requirements'
(a) At least three (3) sprinkler heads;
(b) A spray area larger than 0.19 acre;
and
(c) A spray area larger than 0.38 acres
if the slope is equal to or greater than six (6) percent.
Section 22. Requirements for WWTPs that
Serve an Individual Residence. (1) A wastewater plant intended to serve an
individual residence and eligible for a general KPDES permit pursuant to 401
KAR 5:055 shall have, at minimum, the following treatment processes:
(a) Extended aeration;
(b) Filtration; and
(c) Disinfection.
(2) The WWTP shall be capable of meeting
the final effluent limitations of the general permit.
(3) The WWTP shall be capable of meeting
secondary treatment requirements of 401 KAR 5:045 prior to filtration.
(4) The cabinet may allow an alternative
or additional treatment process to extended aeration if an alternative process
is necessary to meet the requirements of a general permit issued pursuant to
401 KAR 5:055.
(5) A minimum lot size of one (1) acre
shall be provided for WWTPs located within a residential subdivision.
(6) A WWTP serving an individual
residence and proposing effluent disposal by spray irrigation shall also comply
with Section 21 of this administrative regulation.
(7) Setback restrictions for a treatment
system serving an individual residence shall not be less than the setback
restrictions established by 902 KAR 10:085, Section 8, Table 7.
(8) An applicant may submit only one (1)
of the three (3) copies of the plans and specifications required pursuant to
Section 6 of this administrative regulation.
Section 23. Additional Requirements for
extended aeration WWTPs that Serve Car Washes or Laundries. An extended aeration
WWTP that serves a commercial or fleet car wash, commercial laundry, or laundry
serving commercial or institutional establishment, shall have an average daily
flow from other biochemically degradable sources that is at least four (4)
times greater than the anticipated flow of the car wash, commercial laundry, or
laundry serving a commercial or institutional establishment.
Section 24. The Construction Permit. (1)(a)
A permit to construct a facility shall be effective upon issuance unless
otherwise conditioned.
(b) If construction is not commenced
within the twenty-four (24) months following a permit's issuance, a new permit
shall be obtained before construction may begin.
(2)(a) The permittee shall submit the
certification from an engineer that the facility was constructed in conformity
with the plans and specifications approved by the cabinet in accordance with
this administrative regulation within thirty (30) days from the completion of
construction.
(b) The permittee shall certify the
completion of construction for a project not designed by an engineer.
(3) Permit conditions.
(a) Permits may contain special
conditions that in the best professional judgment of the cabinet are necessary
to comply with KRS Chapter 224 and 401 KAR Chapters 4 through 11. The
conditions shall be in writing and treated as a part of the permit.
(b) The following conditions shall apply
to all construction permits:
1. There shall not be deviations from the
plans and specifications submitted with the application or the conditions
specified in this subsection, unless authorized in writing by the cabinet; and
2. The permittee shall ensure that the
effluent is of satisfactory quality to prevent violations of the standards in
401 KAR Chapter 5 and 401 KAR Chapter 10.
(c) The following conditions shall also
apply to a construction permit issued to a WWTP that discharges to waters of
the Commonwealth:
1. If a sewer system served by a regional
facility becomes available, the WWTP shall be abandoned and the influent flow
shall be diverted to the regional facility; and
2. Issuance of this permit shall not
relieve the permittee from the responsibility of obtaining other permits or
licenses required by this cabinet and other state, federal, or local agencies.
(4) The construction permit for
agricultural waste handling system may be used as an interim operational permit
until the operational permit is issued or denied.
(5) The issuance of a permit by the
cabinet shall not convey any property rights of any kind or any exclusive
privilege.
Section 25. Kentucky No Discharge
Operational Permits (KNDOPs). A Kentucky No Discharge Operational Permit
(KNDOP) shall only be issued to a facility that does not discharge and does not
intend to discharge to waters of the Commonwealth, including agricultural waste
handling systems and facilities that dispose of effluent by spray irrigation.
(1) Nutrient Management Plans. An animal
feeding operation shall have a nutrient management plan consistent with the
Agriculture Water Quality Act, KRS 224.71-100 through 224.71-145 and the NRCS
Conservation Practice Standard Code 590 for Kentucky.
(2) The plan shall, to the extent
applicable, also address the following elements:
(a) Ensure adequate storage of manure, litter, and process
wastewater, including procedures to ensure proper operation and maintenance of
the storage facilities;
(b) Ensure proper management of animal
mortalities to ensure that they shall not be disposed of in liquid manure,
storm water, or process wastewater storage or treatment system;
(c) Ensure that clean water shall be
diverted from the production area;
(d) Prevent direct contact of confined
animals with waters of the Commonwealth;
(e) Ensure that chemicals and other
contaminants handled on-site shall not be disposed of in manure, litter,
process wastewater, or storm water storage or treatment system, unless
specifically designed to treat chemicals and other contaminants;
(f) Identify site-specific conservation
practices to be implemented to control runoff of pollutants to waters of the
Commonwealth;
(g) Identify protocols for testing of
manure, litter, process wastewater, and soil;
(h) Establish protocols to land apply
manure, litter, or process wastewater in accordance with site-specific nutrient
management practices that ensure agricultural utilization of the nutrients in
the manure, litter, or process wastewater; and
(i) Identify records that shall be maintained
to document the implementation and management of the minimum elements described
in paragraphs (a) through (h) of this subsection.
(3) Additional Measures for Animal
Feeding Operations.
(a) Visual inspections. There shall be
routine visual inspections of the production area. The following shall be
visually inspected:
1. Weekly inspections of all storm water
diversion devices, runoff diversion structures, and devices channeling
contaminated storm water to the wastewater and manure storage and containment
structure;
2. Daily inspections of drinking water or
cooling water lines; and
3. Weekly inspections of the manure,
litter, and process wastewater impoundments. The inspection shall note the
level in liquid impoundments as indicated by the depth marker in paragraph (b)
of this subsection.
(b) Depth marker. An open surface liquid
impoundment shall have a depth marker that clearly indicates the storage
capacity.
(c) Corrective actions. A deficiency
found as a result of an inspection shall be corrected.
(d) Mortality handling. A mortality shall
not be disposed of in liquid manure or process wastewater system and shall be
handled in a way that prevents the discharge of pollutants to surface water.
(4) Record Keeping Requirements for the
Production Area. Each AFO shall maintain on-site, for a period of five
(5) years from the date they are created, a complete copy of the information
required by subsection (2)(i) of this section, and the records specified in
paragraphs (a) through (f) of this subsection. The AFO shall make these records
available to the cabinet for review upon request.
(a) Records documenting the inspections
required pursuant to subsection (3)(a) of this section;
(b) Weekly records of the depth of the
manure and process wastewater in the liquid impoundment as indicated by the
depth marker pursuant to subsection (3)(b) of this section;
(c) Records documenting an action taken
to correct deficiencies required pursuant to subsection (3)(c) of this section.
Deficiencies not corrected within thirty (30) days shall be accompanied by an
explanation of the factors preventing immediate correction;
(d) Records of mortalities management and
practices used by the AFO to meet the requirements of subsection (3)(d) of this
section;
(e) Records documenting the current
design of manure or litter storage structures, including volume for solids
accumulation, design treatment volume, total design volume, and approximate
number of days of storage capacity; and
(f) Records of the date, time, and
estimated volume of any overflow.
(5) Recordkeeping requirement for the
land application areas.
(a) Each AFO shall maintain on-site a copy of its
site-specific nutrient management plan.
(b) Each AFO shall maintain on-site for a
period of five (5) years from the date it was created a complete copy of the
information required by the permit application Short Form B, the information
required by subsection (2)(i) of this section, and the records specified in paragraphs
(a) through (j) of this subsection.
(c) The AFO shall make these records
available to the cabinet for review upon request.
1. Expected crop yields;
2. The date manure, litter, or process
waste water is applied to each field;
3. Weather conditions at time of
application and for twenty-four (24) hours prior to and following application;
4. Test methods used to sample and
analyze manure, litter, process waste water, and soil;
5. Results from manure, litter, process
waste water, and soil sampling;
6. Explanation of the basis for
determining manure application rates, as provided in the NRCS Conservation
Standard Practice Code 590 for Kentucky;
7. Calculations showing the total
nitrogen and phosphorus to be applied to each field, including sources other
than manure, litter, or process wastewater;
8. Total amount of nitrogen and
phosphorus applied to each field, including documentation of calculations for
the total amount applied;
9. The method used to apply the manure,
litter, or process wastewater; and
10. Each date of manure application
equipment inspection.
(6) If an animal feeding operation does
not discharge, does not intend to discharge, and obtains a Kentucky
No-Discharge Operational Permit pursuant to this section, the cabinet shall not
consider the animal feeding operation a CAFO.
(7) Permit conditions.
(a) A permit may contain special
conditions that in the best professional judgment of the cabinet are necessary
to comply with KRS Chapter 224 and 401 KAR Chapters 4 through 11.
(b) The conditions shall be in writing
and shall be treated as part of the permit.
(c) The following conditions shall apply
to all KNDOPs.
1. There shall not be a point source
discharge of wastewater from the facility.
2. The permit authorizes operation only
of the WWTP described in the permit in the manner and under the conditions described
in the permit application and supporting documents as approved by the cabinet
in the permit.
3.a. The permit shall not be construed as
authorizing an operation that is otherwise in contravention of a statute,
administrative regulation, ordinance, or order of a governmental unit.
b. The permit shall not be construed to
authorize the creation or maintenance of a nuisance.
4.a. The permit shall be subject to
revocation or modification by the cabinet as established in KRS Subchapter
224.10-100.
b. Commencement of a routine point source
discharge shall result in a permit revocation.
5. A permit shall be issued in accordance
with the provisions of KRS Chapter 224 and 401 KAR Chapters 4 through 11. Issuance
of the permit shall not relieve the permittee from the responsibility of obtaining
any other permits or licenses required by the cabinet and other state, federal,
and local agencies.
6. If applicable, the waste materials
removed from the settling basin shall be disposed of according to the
requirements of the Division of Waste Management in 401 KAR Chapters 30 through
49.
7. Land application that results in
runoff to a stream shall be prohibited.
Section 26. Kentucky Intersystem
Operational Permits (KISOPs). A KISOP shall be issued to publicly or privately owned
sewer systems that discharge to a WWTP or a sewer system that is owned by
another person.
(1) A KISOP shall not apply to sewer
systems with less than 5,000 linear feet of sewer line.
(2) A KISOP shall not apply to a sewer
system that discharges to a POTW if the system is subject to a local permit
pursuant to the pretreatment program established in 401 KAR 5:057.
(3) A KISOP shall be issued to the
applicant and the permittee shall remain the responsible party until a change
in ownership certification is submitted and the transfer of ownership is acknowledged
by the cabinet.
(4) Permits may contain special
conditions that in the best professional judgment of the cabinet are necessary
to comply with KRS Chapter 224 and 401 KAR Chapters 4 through 11. The
conditions shall be in writing and shall be treated as a part of the permit.
Section 27. Operational Permits. An operational
permit required in Sections 25 and 26 of this administrative regulation shall
be valid for five (5) years from the date of issuance and shall be renewed to
maintain continuous operation.
(1) The operational permit shall specify
the type of monitoring or analysis required for a facility, and the frequency
that the monitoring or analysis shall be performed and reported to the cabinet.
(2)
The facility, including backup or auxiliary components, shall be operated and
maintained to ensure compliance with permit requirements and this
administrative regulation.
Section 28. Transfer of Operating
Permits. (1) An operating permit shall be issued to the applicant, and the
permittee shall remain the responsible party for compliance with the permit
until:
(a) A change in ownership certification
is submitted by the new owner and the transfer of ownership is acknowledged by
the cabinet; or
(b) The current permittee has submitted a
change in ownership certification and the transfer has been acknowledged by the
cabinet.
(2) A change in ownership certification
submitted by the current permittee without the signature of the new owner shall
include a written agreement between the existing and new permittees containing
a specific date for transfer of permit responsibility, coverage, and liability
between them.
(3) A change in ownership certification
shall serve as an application for a minor modification of the operating permit.
Section 29. Alternative Requirements. (1)
The cabinet may approve alternative requirements to the provisions of Sections
7 to 23 of this administrative regulation based on the cabinet's best professional
judgment that the alternative measure provides sufficient treatment, or
transport.
(2) The applicant shall demonstrate that an
alternative requested by the applicant provides sufficient treatment or transport.
Section 30. Material Incorporated by
Reference. (1) The following material is incorporated by reference:
(a) "Recommended Standards for
Wastewater Facilities", 2004, Great Lakes-Upper Mississippi River Board of
State Public Health and Environmental Managers. This document is also known as
the "Ten States' Standards";
(b) "Water Policy Memorandum No.
84-02, Five Mile Limit Policy, signed by T. Michael Taimi, August 28,
1984", Facilities Construction Branch;
(c) "Construction Permit Application
for Wastewater Treatment Plant, DEP 7071-W (2/2009)";
(d) "Construction Permit Application
for Sewer Line Extension, DEP 7071-S (9/96)", Facilities Construction
Branch;
(e) "Change in Ownership
Certification for Sewer Line Extensions, DEP 7071-CO (9/96)", Facilities
Construction Branch;
(f) "Change in Ownership
Certification, DEP 7032-CO (2/2009)";
(g) "No Discharge Certification, DEP
7032-NDC (2/2009)";
(h) "Kentucky No Discharge
Operational Permit Application, DEP 7033-ND (2/2009)";
(i) "Kentucky No Discharge
Operational Permit Application for Agricultural Wastes Handling Systems, Short
Form B, DEP 7033-B-ND (2/2009)";
(j) "Site Survey Request, Kentucky
No Discharge Operational Permit for Agricultural Wastes Handling System, DEP
7032-Ag-Site (9/96)";
(k) "Kentucky Intersystem
Operational Permit Application, DEP 7103 (2/2009)"; and
(l) "NRCS Conservation Practice
Standard Nutrient Management Code 590 for Kentucky, NRCS, Kentucky (5/24/01)".
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Division of
Water, 200 Fair Oaks Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m.
to 4:30 p.m. (1 Ky.R. 760; Am. 1381; eff. 7-2-75; 12 Ky.R. 504; eff. 12-10-85;
15 Ky.R. 282; 1005; 1257; eff. 10-26-88; 16 Ky.R. 599; 1191; eff. 1-9-90; 23
Ky.R. 1633; 2766; eff. 5-14-97; 30 Ky.R. 1333; 1781; 2135; eff. 4-12-2004; TAm
eff. 8-9-2007; 35 Ky.R. 2507; 36 Ky.R. 351; eff. 9-25-2009.)
