401 KAR 8:510. Disinfectant residuals, disinfection by-products, and disinfection by-product precursors

Link to law: http://www.lrc.ky.gov/kar/401/008/510.htm
Published: 2015

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      401 KAR 8:510. Disinfectant residuals,

disinfection by-products, and disinfection by-product precursors.


      RELATES TO: KRS 224.10-100, 224.10-110, EO


      STATUTORY AUTHORITY: KRS 224.10-100(28),

224.10-110(2), 40 C.F.R. 141.53, 141.54, 141.64, 141.65, 141.130-141.135, 141.600-141.605,

141.620-141.629, 42 U.S.C. 300f-300j-26, EO 2009-538


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

regulations promulgated by the secretary for the regulation and control of the

purification of water for public and semipublic use. EO 2009-538, effective

June 12, 2009, establishes the new Energy and Environment Cabinet. This

administrative regulation establishes the maximum contaminant levels for total

trihalomethanes and haloacetic acid five (5) to limit the levels of known and

unknown disinfection by-products.


      Section 1. (1) A public water system shall

meet the requirements established in 40 C.F.R. 141.130 through 141.135, 141.600

through 141.605, 141.620 through 141.629, 141.53, 141.54, 141.64, and 141.65.

      (2) For the purposes of meeting the

requirements of 40 C.F.R. 141.130 through 141.135 a consecutive water system shall

monitor in the manner established in Section 2 of this administrative regulation.


      Section 2. A consecutive water system

shall monitor for trihalomethanes and HAA5 as established in this section.

      (1) For purposes of determining the

applicability and compliance dates, the sum of the populations of the system producing

the water and the system purchasing the water shall be used.

      (2) Producers.

      (a)1. A public water system that produces

water and that provides water to another system shall be responsible for monitoring

throughout the joint distribution system, which shall consist of the

distribution systems of both the producing system and all purchasing systems.

      2. Monitoring shall be performed pursuant

to this administrative regulation at a point in the joint distribution system

that reflects the longest period of retention.

      (b)1. If more than one (1) system

produces water sold to a distribution system, monitoring shall be divided

between or among the producing systems by a plan that reflects the likely flow

of each producing system's water.

      2. A monitoring plan for total trihalomethanes

and HAA5s shall be submitted by all producing systems and shall be approved by

the cabinet pursuant to 40 C.F.R. 141.132(f).

      (3) Purchasers.

      (a)1. A system that purchases water shall

alter distribution operation and maintenance practices necessary to alleviate

any potential exceedance of the MCL for TTHM or HAA5 anywhere in its distribution


      2. The altered practices may include line

flushing and replacement, changes to points of disinfection, elimination of

points of disinfection, tank turnover practices, or other changes to facilitate

reductions in levels of contamination.

      (b)1. A purchasing system shall cooperate

in the development of a monitoring plan required from the producing system as

established in subsection (2) of this section.

      2. A purchasing system shall monitor for

maximum residual disinfectant levels at the same points in the distribution system

and at the same time as total coliforms are sampled as established in 401 KAR

8:200. (27 Ky.R. 1680; Am. 2529; 2764; eff. 4-9-2001; 1677; 3009; 3640; eff.

6-13-2007; 35 Ky.R. 1573; eff. 4-3-2009; 2810; 36 Ky.R. 582; eff. 9-25-2009;

2101-A; 2324; eff. 6-3-2010.)