401 KAR 10:001. Definitions for 401 KAR Chapter
10.
RELATES TO: KRS 146.200-146.360,
146.410-146.535, 146.550-146.570, 146.600-146.619, 146.990, 224.01-010,
224.01-400, 224.16-050, 224.16-070, 224.70-100 - 224.70-140, 224.71-100 - 224.71-145,
224.73-100 - 224.73-120, 40 C.F.R. 136
STATUTORY AUTHORITY: KRS 224.10-100,
224.70-100, 224.70-110
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.10-100 authorizes the cabinet to promulgate administrative regulations for
the prevention, abatement, and control of all water pollution. This
administrative regulation establishes definitions for terms used in 401 KAR
Chapter 10.
Section 1. Definitions. (1) "Acute-chronic
ratio" means the ratio of the acute toxicity, expressed as an LC50,
of an effluent or a toxic substance, to its chronic toxicity. It is used as a
factor to estimate chronic toxicity from acute toxicity data.
(2) "Acute criteria" means the
highest instream concentration of a toxic substance or an effluent to which an
organism can be exposed for one (1) hour without causing an unacceptable
harmful effect.
(3) "Acute toxicity" means
lethality or other harmful effect sustained by either an indigenous aquatic
organism or a representative indicator organism used in a toxicity test, due to
a short-term exposure, of ninety-six (96) hours or less, to a specific toxic
substance or mixture of toxic substances.
(4) "Acute toxicity unit" means
the reciprocal of the effluent dilution that causes the acute effect, or LC50,
by the end of the acute exposure period.
(5) "Adversely affect" or
"adversely change" means to alter or change the community structure
or function, to reduce the number or proportion of sensitive species, or to
increase the number or proportion of pollution tolerant aquatic species so that
aquatic life use support or aquatic habitat is impaired.
(6) "Balanced indigenous
community" means a biotic community typically characterized by diversity,
the capacity to sustain itself through cyclic seasonal changes, presence of
necessary food chain species, and a lack of domination by pollution tolerant
species. The community may include historically nonnative species introduced in
connection with a program of wildlife management and species whose presence or
abundance results from substantial, irreversible environmental modification.
Normally, such a community does not include species whose presence or abundance
is attributable to the introduction of pollutants that will be eliminated by
compliance of all sources with 401 KAR 5:065, and may not include species whose
presence or abundance is attributable to alternative effluent limitations
imposed pursuant to 401 KAR 5:055.
(7) "Best management practices"
or "BMPs" means:
(a) For agriculture operations, as
defined by KRS 224.71-100(3); or
(b) For all other purposes:
1. Schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices to prevent
or reduce the pollution of waters of the commonwealth; and
2. Treatment requirements; operating
procedures; and practices to control site run-off, pollution of surface water
and groundwater from nonpoint sources, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
(8) "Biochemical oxygen
demand", "BOD", or "BOD5" means the amount
of oxygen required to stabilize biodegradable organic matter under aerobic
conditions within a five (5) day period. Other time periods may be measured,
and if so, are indicated where the term is used.
(9) "Carbonaceous biochemical oxygen
demand" or "CBOD" means BOD, not including the nitrogenous
oxygen demand of the wastewater.
(10) "Chronic criteria" means
the highest instream concentration of a toxic substance or an effluent to which
organisms are able to be exposed for ninety-six (96) hours without causing an
unacceptable harmful effect.
(11) "Chronic toxicity" means
lethality, reduced growth or reproduction, or other harmful effect sustained by
either indigenous aquatic organisms or representative indicator organisms used
in toxicity tests due to long-term exposures, relative to the life span of the
organisms or a significant portion of their life span, to toxic substances or
mixtures of toxic substances.
(12) "Chronic toxicity unit"
means the reciprocal of the effluent dilution that causes twenty-five (25)
percent inhibition of growth or reproduction to the test organisms by the end
of the chronic exposure period.
(13) "Clean Water Act" or
"CWA" means the Clean Water Act as subsequently amended, 33 U.S.C.
Section 1251 through 1387, otherwise known as the Federal Water Pollution
Control Act.
(14) "Coal remining operation"
means:
(a) A surface coal mining operation,
which begins after July 11, 1990, at a site on which a coal mining operation
was conducted before August 3, 1977; and
(b) A surface coal mining operation
existing on July 11, 1990, which receives a permit revision from the Department
for Surface Mining Reclamation and Enforcement (DSMRE) in accordance with 405
KAR 8:010, Section 20, for a site on which a coal mining operation was
conducted before August 3, 1977.
(15) "Cold water aquatic
habitat" or "CAH" means surface waters and associated substrate
that are able to support indigenous aquatic life or self-sustaining or
reproducing trout populations on a year-round basis.
(16)
"Concentrated animal feeding operation" means one (1) of the
following:
(a) "Large concentrated animal
feeding operation" as defined in subsection (45) of this section;
(b) "Medium concentrated animal
feeding operation" as defined in subsection (50) of this section; or
(c) "Small concentrated animal
feeding operation" as defined in subsection (76) of this section.
(17) "Conventional domestic water
supply treatment" means or includes coagulation, sedimentation,
filtration, and disinfection.
(18) "Conventional pollutant"
means biochemical oxygen demand (BOD), chemical oxygen demand (COD), total
organic carbon (TOC), total suspended solids (TSS), ammonia (as N), bromide,
chlorine (total residual), color, fecal coliform, fluoride, nitrate, kjeldahl
nitrogen, oil and grease, and phosphorus.
(19) "Criteria" means specific
concentrations or ranges of values, or narrative statements of water
constituents that represent a quality of water expected to result in an aquatic
ecosystem protective of designated uses of surface waters. Criteria are derived
to protect legitimate uses such as aquatic life, domestic water supply, and
recreation and to protect human health.
(20) "Day" means a twenty-four
(24) hour period.
(21) "Discharge" or
"discharge of a pollutant" means the addition of a pollutant or
combination of pollutants to waters of the commonwealth from a point source.
(22) "Division" means the
Kentucky Division of Water, within the Department for Environmental Protection,
Energy and Environment Cabinet.
(23) "Domestic" means relating
to household wastes or other similar wastes. It is used to distinguish
municipal, household, or commercial water or wastewater services from
industrial water or wastewater services.
(24) "Domestic sewage" means
sewage devoid of industrial or other wastes and that is typical of waste
received from residential facilities. It may include wastes from commercial
developments, schools, restaurants, and other similar developments.
(25) "Domestic water supply" or
"DWS" means surface waters that with conventional domestic water
supply treatment are suitable for human consumption through a public water
system as defined in 401 KAR 8:010, culinary purposes, or for use in a food or
beverage processing industry; and meet state and federal regulations promulgated
pursuant to the Safe Drinking Water Act, as amended, 42 U.S.C. 300f - 300j-26.
(26) "Effluent limitations" is
defined by KRS 224.01-010(12).
(27) "Environmental Protection
Agency" or "EPA" means the United States Environmental
Protection Agency.
(28) "Epilimnion" means the
thermally homogeneous water layer overlying the metalimnion of a thermally
stratified lake or reservoir.
(29) "E. coli" or
"Escherichia coli" means an aerobic and facultative anaerobic gram
negative, nonspore forming, rod shaped bacterium that can grow at forty-four
and five tenths (44.5) degrees Celsius, that is
ortho-nitrophenyl-B-D-galactopyranoside (ONPG) positive, and Methylumbelliferyl
glucuronide (MUG) positive. It is a member of the indigenous fecal flora of
warm-blooded animals.
(30) "Eutrophication" means the
enrichment of a surface water with nutrients nitrogen and phosphorus resulting
in adverse effects on water chemistry and the indigenous aquatic community.
Resulting adverse effects on water chemistry manifest by daily dissolved oxygen
supersaturation followed by low dissolved oxygen concentrations and diurnal
increase in pH. Resulting adverse effects on the indigenous aquatic community
include:
(a) Nuisance algae blooms;
(b) Proliferation of nuisance aquatic
plants;
(c) Displacement of diverse fish or
macroinvertabrate community by species tolerant of nutrient-enriched
environments; or
(d) Fish kills brought on by severe,
sudden episodes of plant nutrient enrichment.
(31) "Exceptional water" means
a surface water categorized as exceptional by the cabinet pursuant to 401 KAR
10:030.
(32) "Existing use" means a
legitimate use being attained in or on a surface water of the commonwealth on
or after November 28, 1975, irrespective of its use designation.
(33) "Expanded discharge" means
an increase in pollutant loading of twenty (20) percent or greater.
(34) "°F" means degrees Fahrenheit.
(35) "General permit" means a
KPDES permit authorizing a category of discharges pursuant to KRS Chapter 224
within a geographical area, issued pursuant to 401 KAR 5:055.
(36) "Harmonic mean flow" means
the reciprocal of the mean of the reciprocal daily flow values.
(37) "High quality water" means
a surface water categorized as high quality by the cabinet pursuant to 401 KAR
10:030.
(38) "Impact" means a change in
the chemical, physical, or biological quality or condition of a surface water.
(39) "Impairment" means a
detrimental impact to a surface water that prevents attainment of a designated
use.
(40) "Indigenous aquatic
community" means naturally occurring aquatic organisms including bacteria,
fungi, algae, aquatic insects, other aquatic invertebrates, reptiles,
amphibians, and fishes. Under some natural conditions one (1) or more of the
above groups may be absent from a surface water.
(41) "Inhibition concentration of
twenty-five (25) percent" or "IC25" means the
concentration that is determined by a linear interpolation method for
estimating the concentration at which a twenty-five (25) percent reduction is
shown in reproduction or growth in test organisms, and which statistically
approximates the concentration at which an unacceptable chronic effect is not
observed.
(42) "Intermittent water" means
a stream that flows only at certain times of the year.
(43) "Kentucky Pollutant Discharge Elimination
System" or "KPDES" means the Kentucky program for issuing,
modifying, revoking and reissuing, revoking, monitoring, and enforcing permits
to discharge, and imposing and enforcing pretreatment requirements.
(44) "KPDES permit" means a
Kentucky Pollutant Discharge Elimination System permit issued to a facility,
including a POTW, or activity pursuant to KRS Chapter 224 for the purpose of
operating the facility or activity.
(45) "Large concentrated animal
feeding operation" is defined by 40 C.F.R. 122.23(b)(4), effective July 1,
2007.
(46) "LC1" means
that concentration of a toxic substance or mixture of toxic substances that is
lethal, or immobilizing if appropriate, to one (1) percent of the organisms
tested in a toxicity test during a specified exposure period.
(47) "LC50" means
that concentration of a toxic substance or mixture of toxic substances that is
lethal, or immobilizing if appropriate, to fifty (50) percent of the species
tested in a toxicity test during a specified exposure period.
(48) "Maintain" means to
preserve or keep in present condition by not allowing an adverse permanent or
long-term change to water quality or to a population of an aquatic organism or
its habitat.
(49) "Measurement" means the
ability of the analytical method or protocol to quantify as well as identify
the presence of the substance in question.
(50) "Medium concentrated animal
feeding operation" is defined by 40 C.F.R. 122.23(b)(6), effective July 1,
2007.
(51) "mg/L" means
micrograms per liter, same as ppb, assuming unit density.
(52) "mgd" or "MGD"
means million gallons per day.
(53) "Milligrams per liter" or
"mg/L" means the milligrams of substance per liter of solution, and
is equivalent to parts per million in water, assuming unit density.
(54) "Mixing zone" means a
domain of a water body contiguous to a treated or untreated wastewater
discharge with quality characteristics different from those of the receiving
water. The discharge is in transit and progressively diluted from the source to
the receiving system. The mixing zone is the domain where wastewater and receiving
water mix.
(55) "Natural temperature"
means the temperature that would exist in waters of the commonwealth without
the change of enthalpy of artificial origin, as contrasted with that caused by
climatic change or naturally occurring variable temperature associated with
riparian vegetation and seasonal changes.
(56) "Natural water quality"
means those naturally occurring physical, chemical, and biological properties
of waters.
(57) "Net discharge" means the
amount of substance released to a surface water by excluding the influent value
from the effluent value if both the intake and discharge are from and to the
same or similar body of water.
(58) "Nonconventional
pollutant" means a pollutant not considered to be a conventional
pollutant, including priority pollutants identified in 401 KAR 5:060.
(59) "Nonpoint" means a source
of pollutants not defined by a point source.
(60) "Other wastes" means
sawdust, bark or other wood debris, garbage, refuse, ashes, offal, tar, oil,
chemicals, acid drainage, wastes from agricultural enterprises, and other
foreign substances not included within the definitions of industrial wastes and
sewage that may cause or contribute to the pollution of waters of the Commonwealth.
(61) "Outstanding national resource
water" means a surface water categorized by the cabinet as an outstanding
national resource water pursuant to 401 KAR 10:030.
(62) "Outstanding state resource
water" means a surface water designated by the cabinet as an outstanding
state resource water pursuant to 401 KAR 10:031.
(63) "pCi/L" means picocuries
per liter.
(64) "PCR" means primary
contact recreation.
(65) "Point source" is defined
by 33 U.S.C. 1362(14). The term does not include agricultural storm water
run-off or return flows from irrigated agriculture.
(66) "POTW" means
publicly-owned treatment works as defined by KRS 224.01-010.
(67) "Primary contact recreation
water" means those waters suitable for full body contact recreation during
the recreation season of May 1 through October 31.
(68) "Productive aquatic
community" means an assemblage of indigenous aquatic life capable of
reproduction and growth.
(69) "Propagation" means the
continuance of a species by successful spawning, hatching, and development or
natural generation in the natural environment, as opposed to the maintenance of
the species by artificial culture and stocking.
(70) "Regional facility plan"
means a type of water quality management plan addressing point sources of
pollution for the purpose of areawide waste treatment management planning
prepared by the designated regional planning agency pursuant to Section 201,
205, and 208 of the Clean Water Act, 33 U.S.C. 1251-1387, to control point
sources of pollution within a planning area.
(71) "Remined area" means only
that area of a coal remining operation on which a coal mining operation was
conducted before August 3, 1977.
(72) "Representative indicator
organism" means an aquatic organism designated for use in toxicity testing
because of its relative sensitivity to toxicants and its widespread
distribution in the aquatic environment.
(73) "SCR" means secondary
contact recreation.
(74) "Secondary contact recreation
waters" means those waters suitable for partial body contact recreation,
with minimal threat to public health due to water quality.
(75) "Seven-Q-ten" or "7Q10"
means that minimum average flow that occurs for seven (7) consecutive days with
a recurrence interval of ten (10) years.
(76) "Small concentrated animal
feeding operation" is defined by 40 C.F.R. 122.23(b)(9), effective July 1,
2007.
(77) "Source" means a building,
structure, facility, or installation from which there is or may be a discharge
of pollutants.
(78) "Standard" means a water
quality standard.
(79) "Stormwater" means
stormwater run-off, snow melt run-off, and surface run-off and drainage.
(80) "Surface waters" means
those waters having well-defined banks and beds, either constantly or
intermittently flowing; lakes and impounded waters; marshes and wetlands; and
any subterranean waters flowing in well-defined channels and having a
demonstrable hydrologic connection with the surface. Lagoons used for waste
treatment and effluent ditches that are situated on property owned, leased, or
under valid easement by a permitted discharger are not considered to be surface
waters of the commonwealth.
(81) "Total dissolved solids"
or "TDS" means the total dissolved solids (filterable residue) as
determined by use of the method specified in 40 C.F.R. Part 136.
(82) "Total suspended solids"
or "TSS" means the total suspended solids (nonfilterable residue) as
determined by use of the method specified in 40 C.F.R. Part 136.
(83) "Toxic substance" means a
substance that is bioaccumulative, synergistic, antagonistic, teratogenic,
mutagenic, or carcinogenic and causes death, disease, a behavioral abnormality,
a physiological malfunction, or a physical deformity in an organism or its
offspring or interferes with normal propagation.
(84) "U.S. EPA" means the
United States Environmental Protection Agency.
(85) "Warm water aquatic
habitat" or "WAH" means a surface water and associated substrate
capable of supporting indigenous warm water aquatic life.
(86) "Wetlands" means land that
has a predominance of hydric soils and that is inundated or saturated by
surface or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of hydrophytic vegetation
typically adapted for life in saturated soil conditions.
(87) "Zone of initial dilution"
means the limited area permitted by the cabinet surrounding or downstream from
a discharge location where rapid, first-stage mixing occurs. The zone of
initial dilution is the domain where wastewater and receiving water initially
mix. (35
Ky.R. 208; Am. 856; 1452; eff. 1-5-2009; 39 Ky.R. 561; eff. 4-5-2013.)