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
NECESSITY, FUNCTION, AND CONFORMITY: KRS
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.
(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).
(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.)