401 KAR 5:010. Operation of wastewater systems by certified
operators.
RELATES TO: KRS 224.10-100, 224.10-110,
224.70-100, 224.70-110, EO 2008-507, 2008-531
STATUTORY AUTHORITY: KRS 224.10-100,
224.10-110, 224.73-110
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.10-100 requires the Cabinet to develop and conduct a comprehensive program
for the management of water resources and to provide for the prevention,
abatement, and control of water pollution. KRS 224.73-110 requires that a
person shall not have primary responsibility for the operation of a sewage
system or a portion of a system, whether publicly or privately owned, unless
the operator has passed an examination prescribed by the cabinet. 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 requires wastewater treatment plants and collection
systems that accept domestic sewage to be under the primary responsibility of an
appropriately certified operator.
Section 1. Certified Operators for
Wastewater Treatment Plants. A wastewater treatment plant that accepts
wastewater containing domestic sewage shall be under the primary responsibility
of a certified operator as follows:
(1) A treatment plant with a design
capacity of less than or equal to 50,000 gallons per day shall be under the
primary responsibility of a certified operator holding an active Class I, II,
III, or IV treatment certificate;
(2) A treatment plant with a design
capacity of more than 50,000 gallons per day, but less than or equal to two (2)
million gallons per day shall be under the primary responsibility of a
certified operator holding an active Class II, III, or IV treatment certificate;
(3) A treatment plant with a design
capacity of more than two (2) million gallons per day, but less than or equal
to seven and one-half (71/2) million gallons per day shall be under the primary
responsibility of a certified operator holding an active Class III or IV
treatment certificate;
(4)
A treatment plant with a design capacity in excess of seven and one-half (71/2)
million gallons per day shall be under the primary responsibility of a
certified operator holding an active Class IV treatment certificate; or
(5) A wastewater treatment plant at a
school shall be under the primary responsibility of a certified operator
holding an active limited certificate or a Class I, II, III, or IV treatment
certificate.
Section 2. Certified Operators for
Collection Systems. Effective January 1, 2010, each collection system
transporting wastewater containing domestic sewage shall be under the primary responsibility
of a certified operator as follows:
(1) Collection systems with greater than
5,000 linear feet of sewer line that transport wastewater to a treatment plant
with a design capacity of less than or equal to 50,000 gallons per day shall be
under the primary responsibility of a certified operator holding an active
Class I, II, III, or IV collection certificate;
(2) Collection systems that transport
wastewater to a treatment plant with a design capacity of more than 50,000
gallons per day, but less than or equal to two (2) million gallons per day
shall be under the primary responsibility of a certified operator holding an
active Class II, III, or IV collection certificate;
(3) Collection systems that transport
wastewater to a treatment plant with a design capacity of more than two (2)
million gallons per day, but less than or equal to seven and one-half (7 ½)
million gallons per day shall be under the primary responsibility of a
certified operator holding an active Class III or IV collection certificate;
(4) Collection systems that transport
wastewater to a treatment plant with a design capacity in excess of seven and one-half
(7 ½) million gallons per day shall be under the primary responsibility of a
certified operator holding an active IV collection certificate;
(5) A wastewater collection system at a
school shall be under the primary responsibility of an operator holding an
active:
(a) Class I, II, III, or IV collection
certificate;
(b) Class I, II, III, or IV treatment
certificate; or
(c) Limited certificate;
(6) Collection systems with not more than
5,000 linear feet of sewer line that transport wastewater to a treatment plant
with a design capacity of less than or equal to 50,000 gallons per day, shall
be operated under the primary responsibility of a certified operator with an active:
(a) Class I, II, III, or IV collection
certificate; or
(b) Class I, II, III, or IV treatment
certificate; or
(7) Collection systems that transport
wastewater containing domestic sewage to a treatment plant owned by another
person shall use population-served for determination of the appropriate
collection system certificate.
(a) Collection systems with greater than
5,000 linear feet of sewer line and with a population served of 1,500
individuals or less shall be operated by a certified operator holding an active
Class I, II, III, or IV collection certificate.
(b) Collection systems with a population
served of 1,501 to 15,000 individuals shall be operated by a certified operator
holding an active Class II, III, or IV collection certificate.
(c) Collection systems with a population
served of 15,001 to 50,000 individuals shall be operated by a certified
operator holding an active Class III or IV collection certificate.
(d) Collection systems with a population
served of 50,001 individuals or greater shall be operated by a certified
operator holding an active Class IV collection certificate.
(e) Collection systems with not more than
5,000 linear feet of sewer line that serve a population of not more than 1,500,
shall be operated under the primary responsibility of a certified operator with
an active:
1. Class I, II, III, or IV collection
certificate; or
2. Class I, II, III, or IV treatment
certificate.
Section 3. Certified Operator
Availability. (1) The facility shall ensure that a certified operator with
primary responsibility shall be able to be contacted by phone within thirty
(30) minutes.
(2) The facility shall ensure that a
certified operator with primary responsibility shall be capable of being
onsite:
(a) Within two (2) hours if the certified
operator with primary responsibility is required to have a Class I or Limited certificate;
or
(b) Within one (1) hour if the certified
operator with primary responsibility is required to have a Class II, III, or IV
certificate.
Section 4. Certificate Display. If a system
office is available at the wastewater treatment plant or within the sewer
service area, the operator’s certificate shall be prominently displayed on the
wall. (6 Ky.R. 329; Am. 560; eff. 5-7-80; 11 Ky.R. 1128; eff.
4-9-85; 14 Ky.R. 1289; eff. 2-8-88; 15 Ky.R. 285; 1007; eff. 10-26-88; 16 Ky.R.
603; 1193; eff. 1-9-90; 19 Ky.R. 415; 717; eff. 8-27-92; 35 Ky.R. 354; 1205;
eff. 3-6-09.)
