401 Kar 10:001. Definitions For 401 Kar Chapter 10

Link to law: http://www.lrc.ky.gov/kar/401/010/001.htm
Published: 2015

      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.)
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