401 Kar 8:010. Definitions For 401 Kar Chapter 8

Link to law: http://www.lrc.ky.gov/kar/401/008/010.htm
Published: 2015

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      401 KAR 8:010. Definitions for 401 KAR

Chapter 8.


      RELATES TO: KRS 223.160-223.220,

224.10-100, 224.10-110, 322, 40 C.F.R. 141.2, EO 2008-507, 2008-531

      STATUTORY AUTHORITY: KRS 223.160-223.220,

224.10-100(28), 224.10-110, EO 2008-507, 2008-531


224.10-100(28) and 224.10-110(2) require the cabinet to promulgate administrative

regulations for the regulation and control of the purification of water for

public and semipublic use. 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 the

definitions for terms used by the cabinet in 401 KAR Chapter 8.


      Section 1. Definitions. Except as

provided in this section, the definitions established in 40 C.F.R. 141.2 shall

apply. (1) "Board" means the Kentucky Board of Certification of Water

Treatment Plant and Water Distribution System Operators as established by KRS


      (2) "Boil water advisory" means

a type of consumer advisory that provides notice to the consuming public

through radio, television, direct mail, electronic mail, posting, newspaper or

other media and that conveys in the quickest and most effective manner possible:

      (a) Information that water provided by a

system may cause adverse human health effects due to possible biological contamination

if consumed, unless it is first boiled for three (3) minutes at a rolling boil;


      (b) What action the public is advised to


      (3) "Bottled water" means water

that is:

      (a) From an approved bottled water

treatment plant;

      (b) Placed in a sealed container or

package; and

      (c) Offered for human consumption or

other consumer uses.

      (4) "Bottled water system"

means a public water system that provides bottled drinking water and includes

the sources of water, and treatment, storage, bottling, manufacturing, or

distribution facilities. The term excludes:

      (a) A public water system that provides

only a source of water supply for a bottled water system; and

      (b) An entity providing only

transportation, distribution, or sale of bottled water in sealed bottles or

other sealed containers.

      (5) "Bottled water treatment

plant" means a facility that provides the product water used for bottled

water by processing water from an approved source.

      (6) "Bypass" means a physical

arrangement whereby water may be diverted around a feature of the purification

process of a public or semipublic water supply.

      (7) "Certificate" means a

certificate of competency issued by the cabinet stating that the operator has

met all requirements for the specified operator classification as established

by 401 KAR Chapter 8.

      (8) "Certified laboratory"

means a laboratory for which the physical, instrumental, procedural, and

personnel capabilities have been approved by the U.S. Environmental Protection

Agency or the cabinet and that is certified for one (1) or more types of the

contaminants listed or for one (1) or more of the specific constituents or

combinations of constituents listed in 401 KAR Chapter 8.

      (9) "Certified operator" means

an individual who holds an active certificate.

      (10) "Community water system"

is defined by 40 C.F.R. 141.2.

      (11) "Consumer advisory" means

a notice to the consuming public through radio, television, direct mail,

electronic mail, posting, newspaper, or other media to convey in the quickest

and most effective manner possible:

      (a) Information that water provided by a

system may cause adverse human health effects if consumed and what action the

public is advised to take; or

      (b) Other information that the public

needs to know about its water.

      (12) "Contaminant group" means

all of the constituent members that collectively comprise the individual

bacteriological, inorganic chemical, organic chemical, radiological, volatile

organic chemical, synthetic organic chemical, or secondary contaminant groups

regulated by 401 KAR Chapter 8.

      (13) "Conventional filtration

treatment" means a series of processes including coagulation,

flocculation, sedimentation, and filtration resulting in substantial

particulate removal.

      (14) "Cross connection" means a

physical connection or arrangement between two (2) otherwise separate systems,

one (1) of which contains potable water and the other being either water of unknown

or questionable safety, or steam, gas, or chemicals, whereby there may be flow

from one (1) system to the other, the direction of flow depending on the

pressure differential between the two (2) systems.

      (15) "Direct responsible

charge" means personal, first hand responsibility to conduct or actively

oversee and direct procedures and practices necessary to ensure that the

drinking water treatment plant or distribution system is operated in accordance

with accepted practices and with KRS 223 and 401 KAR Chapters 8 and 11.

      (17) "Mineral water" means

bottled water that contains not less than 250 parts per million total dissolved


      (18) "NTU" means nephelometric

turbidity unit.

      (19) "Operator" means a person

involved in the operation of a drinking water treatment plant or distribution


      (20) "Private water supply"

means a residential water supply located on private property for the use of one

(1) to three (3) residential households.

      (21) "Product water" means the

water processed by a bottled water treatment plant that is used for bottled

drinking water.

      (22) "Professional engineer"

means an engineer who is licensed as a professional engineer in Kentucky,

pursuant to KRS Chapter 322.

      (23) "Secondary contaminant"

means a contaminant that does not, in general, have a direct impact on the

health of consumers but whose presence in excessive quantities may discourage

the utilization of drinking water or discredit the supplier.

      (24) "Secondary standard" means

the maximum contaminant level for a secondary contaminant.

      (25) "Semipublic water system"

means a water system made available for drinking or domestic use that does not

qualify as a private or public water system.

      (26) "Supplier of water" means

a person who owns or operates a public water system.

      (27) "Surface water" means

water that is open to the atmosphere and subject to surface runoff, or

groundwater under the direct influence of surface water.

      (28) "Surface water source"

means ponds, reservoirs, streams of all sizes, free-flowing springs, a source

of water supply for a public water system that has a free water surface exposed

to the atmosphere, or groundwater under the direct influence of surface water.

      (29) "System" means a public

water system.

      (30) "Turbidity" means the presence

of suspended particulates, including sand, silt, clay, finely divided organic

or inorganic matter, plankton or other microscopic organisms, or elements that

optically interfere with the clarity of liquid.

      (31)"Water distribution system"

means the portion of the public water system in that water is conveyed from the

water treatment plant or other supply point to the premises of a consumer, or a

system of piping and ancillary equipment which is owned and operated by an

established water system independent of the water supply system from which

potable water is purchased.

      (32) "Water supply system"

means the source of supply and all structures and appurtenances used for the

collection, treatment, storage, and distribution of water for a public or

semipublic water system.

      (33) "Water treatment plant" or

"purification plant" means that portion of the water supply system

that is designated to alter the physical, chemical, or bacteriological quality

of the water prior to entry to the water distribution system. (17 Ky.R. 584; Am. 1422; eff. 11-15-90; 18 Ky.R.

1165; 1841; eff. 11-26-91; 20 Ky.R. 3010; 21 Ky.R. 309; eff. 8-24-94; 23 Ky.R.

2538; eff. 5-14-97; 27 Ky.R. 1546; 2505; 2728; eff. 4-9-2001; 31 Ky.R. 149;

734; 1081; eff. 1-4-2005; 35 Ky.R. 1511; eff. 4-3-2009; 2804; 36 Ky.R. 579;

eff. 9-25-2009.)