401 KAR 5:010. Operation of wastewater systems by certified operators

Link to law: http://www.lrc.ky.gov/kar/401/005/010.htm
Published: 2015

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      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.)