401 KAR 8:010. Definitions for 401 KAR
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
NECESSITY, FUNCTION, AND CONFORMITY: KRS
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
(a) From an approved bottled water
(b) Placed in a sealed container or
(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
(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
(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
(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
(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;