401 KAR 5:005. Permits to construct, modify, or operate a facility

Link to law: http://www.lrc.ky.gov/kar/401/005/005.htm
Published: 2015

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      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.)