401 KAR 8:050. Drinking water program fees.
RELATES TO: KRS 223.220, 224.10-100,
224.10-110, 40 C.F.R. 142.10, Pub. L. 104-182, EO 2008-507, 2008-531
STATUTORY AUTHORITY: KRS 223.220,
224.10-100(20), 224.10-110
NECESSITY, FUNCTION, AND CONFORMITY: KRS
Chapter 224.10-100(20) authorizes the cabinet to establish, by administrative
regulation, a fee or schedule of fees for the cost of processing applications
for permits authorized by KRS Chapter 224. 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 establishes fees for reviewing plans and specifications of public
water systems, for operator certification, and for laboratory certification.
Section 1. Fees for the Review of Plans and
Specifications for New and Existing Public and Semipublic Water Systems.
(1) Filing fees.
(a) Except as provided in KRS 224.10-100,
a person who submits the plans and specifications listed in subsection (2) of
this section shall simultaneously submit a filing fee in the amount of twenty
(20) percent of the required project fee described in subsection (2) of this section.
(b) A filing fee shall not be refundable
if the plans and specifications for which the filing fee is required are denied
or withdrawn.
(c) The filing fee shall be applied
toward the project fee assessed in subsection (2) of this section.
(d)1. Plans and specifications not
approved shall be returned to the applicant.
2. Further consideration of plans and
specifications not approved shall require a new submittal and payment of the
appropriate filing fee.
(2) Project fees.
(a) Following preliminary review of the
plans and specifications, the cabinet shall notify the applicant whether the
plans and specifications comply with 401 KAR 8:100. If the applicant is notified
that the plans and specifications comply, the applicant shall submit the remainder
of the fee required by paragraph (b) of this subsection.
(b) A fee for review and approval of the
plans and specifications shall be assessed according to the following schedule:
1. Fee for reviewing plans of community
public water systems.
a. The fee for reviewing plans for a
water treatment plant utilizing disinfection and all components of conventional
filtration treatment shall be $800.
b. The fee for reviewing plans for a
water treatment plant utilizing disinfection, but not all components of
conventional filtration treatment, shall be $525.
c. The fee for reviewing plans for a
water treatment plant utilizing only disinfection shall be $250.
d. The fee for reviewing plans for a
change in design capacity of a water treatment plant involving disinfection and
all components of conventional filtration treatment shall be $800.
e. The fee for reviewing plans for a
change in design capacity of a water treatment plant involving disinfection,
but not all components of conventional filtration treatment, shall be $525.
f. The fee for reviewing plans for a
change in design capacity of a water treatment plant involving only
disinfection shall be $125.
g. The fee for reviewing plans for a
change in the structures and appurtenances, except for distribution lines of
less than 10,000 feet, of a water supply system shall be $325.
h. The fee for reviewing plans of a water
supply system for a change to the distribution lines of 10,000 feet or less shall
be $150.
2. Fees for reviewing plans of noncommunity
public water systems.
a. The fee for reviewing plans for a
water treatment plant utilizing disinfection and all components of conventional
filtration treatment shall be $800.
b. The fee for reviewing plans for a
water supply system serving more than 100 people that utilizes disinfection,
but not all components of conventional filtration treatment, shall be $200.
c. The fee for reviewing plans for a
change to a water supply system serving more than 100 people shall be $100.
d. The fee for reviewing plans for a
water supply system serving 100 people or fewer, which utilizes disinfection,
but not all components of conventional filtration treatment, shall be $100.
e. The fee for reviewing plans for a
change to a water supply system serving 100 people or fewer shall be fifty (50)
dollars.
3. Semipublic water systems. The fee for
reviewing plans for a semipublic water system facility or a change to a
semipublic water system shall be fifty (50) dollars.
Section 2. Fees for Laboratory Certification.
(1) Fees shall be received by February 15 of each calendar year.
(2) A fee received
after February 15 and before March 14 shall incur a surcharge of fifteen (15)
percent.
(3) Laboratory
certification shall be revoked if fees are not received by March 15.
(4) To reinstate a
laboratory certification that was revoked pursuant to subsection (3) of this
section, the laboratory shall comply with 401 KAR 8:040, Section 2, and shall
pay a surcharge of twenty-five (25) percent of the certification fee
established in Table A in subsection (5) of this section.
(5) The annual fee
for certification by analysis category shall be as established in Table A:
Table
A: Annual Certification Fee by Analysis Category
Analysis
Category
Fee
Microbiology
Administration and Application
$1,000
Microbiology
$500
Chemistry
Administration and Application
$1,000
Disinfection
By-Products
$500
Synthetic Organic
Chemicals
$500
Volatile Organic
Chemicals
$500
All Other Chemical
Analysis Categories
$500
Other audits resulting
in a certification status change
$500
each
(6) Fees shall
apply to in-state and out-of-state laboratories.
(7)(a) A laboratory
may request a ten (10) percent discount of the following year’s certification
fee if it submits compliance data electronically for one (1) calendar year.
(b) To be eligible
for the discount:
1. The laboratory’s
data shall not contain errors;
2. The laboratory
shall not err in the electronic-submittal process; and
3. The laboratory
shall comply with 401 KAR 8:040, Section 4.
(8) A laboratory
certified by the National Environmental Laboratory Association Certification Institute
(TNI) or a National Environmental Laboratory Association Program accrediting authority
may request a ten (10) percent discount of the total certification fee for
which it maintains the TNI certification.
Section 3. (1) Fees for certification of
water treatment plant and water distribution system operators.
(a) Certification
application fee shall be $100.
(b) A renewal
application fee shall be:
1. Fifty (50)
dollars if renewed through the cabinet Web site; or
2. $100 if not
renewed through the cabinet Web site.
(c) A renewal late
fee shall be $250.
(d) A reciprocity
fee shall be $500.
(2) Each year the
cabinet, in consultation with the board, shall establish fees for operator
training conducted by the cabinet.
(3)(a) The fees
established in subsection (1) of this section shall be nonrefundable.
(b) Fifty (50)
percent of the fees established in subsection (2) of this section shall be
refundable if registration is canceled at least two (2) business days prior to
the beginning of the training event.
(c) The fees in
subsection (2) of this section shall be fully refunded if the training event is
cancelled by the cabinet.
(17 Ky.R. 599; eff. 11-15-1990; 35 Ky.R. 1847; eff. 7-6-2009.)
