401 KAR 8:030. Water treatment plant
and water distribution system classification and staffing.
RELATES
TO: KRS 223.180, 223.190, 223.200, 223.210, 223.220, 224.10-110, EO 2009-538
STATUTORY
AUTHORITY: KRS 223.180-223.220, 224.10-100, 224.10-110, EO 2009-538
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 223.180-223.220 authorizes the cabinet to
classify water treatment plants and distribution systems based on size, type,
and physical condition and according to the skill, knowledge, and experience
needed by the plant operator. KRS 224.10-110 requires the cabinet to enforce
administrative regulations for the regulation and control of the purification
of water for public and semipublic use and for the certification of water plant
operators. EO 2009-538, effective June 12, 2009, establishes the new Energy and
Environment Cabinet. This administrative regulation establishes standards for
the staffing and classification of water treatment plants and water distribution
systems.
Section
1. General Provisions. (1)(a) A public water system shall be operated according
to the provisions of KRS Chapters 223 and 224 and 401 KAR Chapter 8.
(b)
A certified operator shall not be required for a semipublic water system.
(c)
Except as provided in subsection (2)(c)1b, 2b, and 4b of this section, a public
water system shall be operated by a certified operator, other than an
operator-in-training, in direct responsible charge who holds a valid certificate
in a class equal to or higher than that required for the system under supervision.
(2)
Staffing requirements.
(a)
Water distribution systems. A water distribution system shall be operated by or
under the supervision of a distribution system operator certified in a class
equal to or higher than the class of the distribution system.
(b)
Combination water treatment plants and water distribution systems.
1.
A combination water treatment plant or water distribution system shall be
classified as Class IA-D, Class IB-D, IIB-D.
2.
A system classified as a combination system in subparagraph 1. of this
paragraph shall be operated by or under the supervision of an operator who
holds a valid combination or separate water treatment and distribution system
operator certificate of the appropriate class or higher and who shall be in
direct responsible charge of the system.
3.
A certified operator of a Class IA-D combination system shall be at the water
treatment plant if water is being treated, unless the operator is performing
other system-related duties.
(c)
Water treatment plants.
1.
Class IIA.
a.
Except as provided in subparagraph b. of this paragraph, if water is being
treated, a Class IIA water treatment plant shall be operated by a certified
water treatment plant operator who holds a valid certificate in a class equal
to or higher than Class IIA who shall be in direct responsible charge of the
plant and shall be present at the water treatment plant or performing system-related
duties.
b.
A Class IIA water treatment plant that treats water during more than one (1)
shift per day may employ a Class IA-D certified operator for one (1) shift per
day, other than the shift worked by the Class IIA operator in direct
responsible charge, so long as the Class IIA operator in direct responsible
charge shall be able to respond on site within thirty (30) minutes.
2.
Class IIIA.
a.
Except as provided in subparagraph b. of this paragraph, if water is being
treated, a Class IIIA water treatment plant shall be operated by a certified
water treatment plant operator who holds a valid certificate in a class equal
to or higher than Class IIIA who shall be in direct responsible charge of the
plant and shall be present at the water treatment plant or performing system-related
duties.
b.
A Class IIIA water treatment plant that treats water during more than one (1)
shift per day may employ a Class IIA operator for one (1) shift per day, other
than the shift worked by the Class IIIA operator in direct responsible charge,
so long as the Class IIIA operator in direct responsible charge shall be able
to respond on site within thirty (30) minutes.
3.
Class IIIB. a Class IIIB water treatment plant shall be operated by or under
the supervision of a certified water treatment plant operator who holds a valid
certificate in a class equal to or higher than Class IIIB and who shall be in
direct responsible charge of the system.
4.
Class IVA.
a.
Except as provided in subparagraph b, of this paragraph, if water is being
treated, a Class IVA water treatment plant shall be operated by a certified
water treatment plant operator who holds a valid Class IVA certificate who shall
be in direct responsible charge of the plant and who shall be present at the
water treatment plant or performing system-related duties.
b.
A Class IVA water treatment plant that treats water during more than one (1)
shift per day may employ a Class IIIA operator for one (1) shift per day, other
than the shift worked by the Class IVA operator in direct responsible charge,
so long as the Class IVA operator in direct responsible charge shall be able to
respond on site within thirty (30) minutes.
5.
Class IVB. A Class IVB water treatment plant shall be operated by or under the
supervision of a certified water treatment plant operator who holds a valid
certificate in a class equal to or higher than Class IVB who is in direct
responsible charge of the system.
6.
A public water system may propose an alternate staffing plan to the staffing
requirement established in this paragraph.
a.
The proposal shall be submitted to the cabinet and shall thoroughly explain the
alternate proposal.
b.
The proposal shall demonstrate:
(i)
A necessity for the water system to vary from the requirement in this
paragraph; and
(ii)
An equal level of protection of human health and the environment.
c.
The cabinet shall not approve an alternate proposal that does not propose that
a duly certified operator in direct responsible charge operate a water
treatment plant, in accordance with KRS 223.210.
(d) Bottled Water Systems. A bottled
water treatment plant shall be operated by or under the supervision of a
certified water treatment plant operator who holds a valid bottled water
certification and who shall be in direct responsible charge of the system.
(e) System-related duties shall be for:
1. Class IIA, Class IIIA, and Class IVA water
systems, duties related to the operation and maintenance of the water treatment
plant; or
2. Class IA-D water systems, duties related to the
operation and maintenance of the water treatment plant and distribution system.
(3)(a)
A public water system may comply with the staffing requirements of this section
by securing a contract operator or an operations firm.
(b)
If a public water system secures a contract operator or operations firm to
operate a treatment plant or distribution system, the public water system shall
provide the following information to the cabinet:
1.
Name, mailing address, and telephone number of the:
a.
Certified operator or contract operations firm; and
b.
Principal contact within the firm for certification activities, if different;
2.
Name, certificate type, and certificate number for each certified operator;
3.
Facility name, public water supply identification number, and county location
of each system for which the contract or operations firm operator is assuming
responsibility;
4.
Effective date and expiration date of the contract; and
5.
Duties and responsibilities of each party to the contract.
(4)
Certificate display. If a public water system office is available at the water
treatment plant or within the distribution system, each operator's certificate
shall be prominently displayed.
(5)
Reporting requirements.
(a)
A public water system shall notify the cabinet in writing within thirty (30)
calendar days of a certified operator employment change.
(b)1.
A certified operator shall notify the cabinet within thirty (30) calendar days
of a change in employment or mailing address.
2.
Employment change information shall include:
a.
The name and identification number of the public water system;
b.
The effective date of the change; and
c.
Whether the operator is assuming or relinquishing responsibility for the plant
or system.
Section
2. Classification of Water Treatment Plants and Water Distribution Systems. There
shall be four (4) classes of water treatment plants, Class I, II, III, or IV; two
(2) subclasses of treatment types, A or B; four (4) classes of water distribution
systems, Class I, II, III, or IV; and one (1) bottled water class.
(1)(a)
Class IV is the highest class and subclass A is the highest subclass.
(b)
Combined treatment and distribution classifications also exist for Class I and
II systems: Class IA-D, Class IB-D, and Class IIB-D.
(2)
The water treatment plant and water distribution system classifications
correspond to the operator classifications established in 401 KAR 11:040.
(3)
A public water system shall be classified according to the criteria in
subsection (4) of this section.
(a)1.
the cabinet may change a public water system classification if necessary
because of:
a.
Complexity of the system due to engineering design;
b.
Source water quality; or
c.
Operation conditions.
2.
Notice of a change shall be given to the owner of the public water system.
(b)
The cabinet shall reclassify a nontransient noncommunity water system that
treats water primarily for its industrial process with limited employee use if
the calculated portion of the water produced by the water treatment plant not
used for the industrial process averages less than ten (10) percent of the
average daily production averaged over the most recent twelve (12) months.
(4)(a)1.
A water treatment plant or system based on the cabinet-assigned design capacity
for finished water production the treatment plant is able to produce in
twenty-four (24) continuous hours of production, taking into consideration all
limiting factors and the treatment process employed.
2. A water treatment plant
classification shall be as established in Table 1 of this subsection.
(b)1. A water distribution system shall be
classified according to population served, determined as established in 401 KAR
8:200, Section 3.
2. A water distribution system classification
shall be as established in Table 1 of this subsection.
TABLE 1
Water Treatment Plant
(Assigned Design Capacity)
Water Distribution System (Population Served)
Class
I
Less than 50,000 gallons per day
Less than 1,500
Class
II
50,000 gallons or more per day but less than 500,000
gallons per day
Equal to or greater than 1,500 but less than 15,000
Class
III
500,000 gallons or more per day but less than 3,000,000
gallons per day
Equal to or greater than 15,000 but less than 50,000
Class
IV
3,000,000 gallons or more per day
Equal to or greater than 50,000
(c)
Each class of water treatment plan shall be subdivided according to the type of
treatment used by the plant. The subclasses shall be:
1.
Subclass A: a water treatment plant that treats:
a.
Surface water or groundwater under the direct influence of surface water; or
b.
Groundwater not under the direct influence of surface water that uses gravity
filtration; and
2.
Subclass B: a water treatment plant that treats groundwater not under the
direct influence of surface water and uses a filtration process other than
gravity filtration; or
b.
Groundwater not under the direct influence of surface water that does not use
filtration processes.
(d)
A combination treatment and distribution system shall be classified as Class
IA-D, Class IB-D, or Class IIB-D.
(e)
Each treatment plant comprising a single public water system shall be
classified in accordance with this section, and each plant shall be operated in
accordance with Section 1 of this administrative regulation.
(5)
A bottled water treatment plant classification shall only apply to a bottled
water system that bottles water for sale.
(6)
Limited. A limited classification is available to a water treatment facility
serving a school or a semipublic water system. (17 Ky.R. 592; Am. 1428; eff. 11-15-1990; 19 Ky.R. 419; eff. 8-27-1992;
23 Ky.R. 3079; 3808; 24 Ky.R. 70; 332; eff. 8-12-1997; TAm eff. 8-9-2007; 36
Ky.R. 442; 1041; 1450; eff. 2-5-2010; TAm eff. 10-19-2011.)
