401 KAR 8:020. Public and semipublic water systems; general provisions

Link to law: http://www.lrc.ky.gov/kar/401/008/020.htm
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
      401 KAR 8:020. Public

and semipublic water systems; general provisions.

 

      RELATES TO: KRS

211.350-211.392, 223.160-223.220, 224.10-100, 224.10-110, 224.16-050, 369, 40

C.F.R. 141, 142.14, 142.15, 142.16, 142.20, 142.21, 142.40-142.65

      STATUTORY AUTHORITY: KRS

223.200, 224.10-100(28), 224.10-110(2), 40 C.F.R. 141.3, 141.31, 141.75,

142.14, 142.15, 142.20. 142.21, 142.40-142.65, 42 U.S.C. 300f-300j-26

      NECESSITY, FUNCTION, AND

CONFORMITY: KRS 224.10-100(28) and 224.10-110(2) authorize the cabinet to

promulgate administrative regulations for the regulation and control of the

purification of water for public and semipublic use. This administrative regulation

establishes the general provisions for regulating public and semipublic water

supplies.

 

      Section 1. A public or

semipublic water system shall be subject to the requirements of 401 KAR Chapter

8, except those exempted in 40 C.F.R. 141.3.

 

      Section 2. (1) Public

and semipublic water systems. A person shall not operate or commence operation

of a public or semipublic water system except in compliance with the provisions

of 401 KAR Chapter 8 and 40 C.F.R. 141. A water supply system constructed prior

to November 11, 1990 may be continued in use, if the operation, maintenance,

bacteriological, chemical, physical, and radiological standards comply with 401

KAR Chapter 8, or the system obtains a variance or exemption from those

standards in accordance with 40 C.F.R. 141.

      (2)(a) A

cross-connection shall be prohibited.

      (b) The use of automatic

devices, such as a reduced pressure zone back flow preventer and a vacuum

breaker, may be approved to protect public health, in lieu of air gap

separation.

      (c) A combination of air

gap separation and an automatic device shall be required if determined by the

cabinet to be necessary due to the degree of hazard to public health.

      (d) Every public water

system shall determine if or where a cross-connection exists and shall

immediately eliminate it.

      (3) A bypass shall not

be created or maintained without the prior written approval of the cabinet

stating the approved circumstances for establishment of a bypass, its design,

and the exact conditions for its use.

      (4) An auxiliary intake

shall not be used in direct connection with a public or semipublic water system

except with prior written approval from the cabinet stating the emergency

condition that necessitates the intake.

      (5) The plumbing system

serving the purification plant and auxiliary facilities shall discharge to a

sewer system if available.

      (a) If a sewer is not

available, the connection shall be made to a sewage disposal facility approved

pursuant to KRS Chapter 211.350 through 211.392 or 224.16-050.

      (b) There shall not be

connections between the sewer system and a filter backwash, filter-to-waste

drain, or clearwell overflow line, unless an air gap is provided between the

drain and overflow line and the sanitary storm sewer or natural drainage

system, so as to preclude the possibility of back-up of sewage or waste into

the drain or overflow line.

      (6) The owner or

operator of a public water system shall operate and maintain the facilities and

systems of treatment, intake, and distribution to comply with the provisions of

401 KAR Chapter 8. Operation and maintenance includes effective performance;

preventive maintenance; operator staffing and training pursuant to 401 KAR

8:030, 11:040, and 11:050; establishing representative sample points that

comply with the requirements of 401 KAR Chapter 8; and adequate process

controls for testing, including quality assurance procedures.

      (7) Reports to the

cabinet.

      (a) The supplier of

water shall provide a complete monthly operating report to the cabinet, which

shall be received at the Division of Water, 200 Fair Oaks Lane, Frankfort,

Kentucky 40601 not later than ten (10) days after the end of the month for

which the report is filed.

      1. A completed report

shall include:

      a. Volume of water

treated;

      b. Type and amount of

chemicals added;

      c. Test results

appropriate to be reported by the plant; and

      d. The dated original

signature, or equivalent, pursuant to KRS Chapter 369, of the owner or

authorized agent.

      2. A supplier of water

shall submit the reports required by 40 C.F.R. 141.75(b) to the cabinet not

later than ten (10) days after the end of each month the public water system

serves water to the public.

      3. A public water system

shall report to the cabinet in accordance with 40 C.F.R. 141.31.

      (b) Reports of failure

to comply. A public water system shall report to the cabinet within forty-eight

(48) hours, by phone or in writing, the failure to comply with a provision of

401 KAR Chapter 8, including the failure to comply with monitoring requirements.

      (c) Emergency reports.

      1. If a public water

system experiences a line break or loss of pressure as established in 401 KAR

8:150, Section 4(2)(e), loss of disinfection, or other event that may result in

contamination of the water, the public water system shall immediately report to

the cabinet by calling the Division of Water in Frankfort at (502) 564-3410 or

the appropriate regional field office of the Division of Water.

      2. If a report required

by this paragraph is made during other than normal business hours, it shall be

made through the twenty-four (24) hour environmental emergency telephone

number, (800) 928-2380.

      (8) Records to be maintained.

An owner or operator of a public water system shall keep the records

established in 40 C.F.R. 141.33 on the premises

or readily accessible to

cabinet staff inspecting the system.

      (9) Boil water and

consumer advisories.

      (a) Boil water advisories.

      1. A public water system

or semipublic water system shall issue a boil water advisory if the system

believes an advisory is warranted.

      2. The cabinet may

direct that a boil water advisory be issued upon:

      a. The reception of

confirmed positive bacteriological results including E. coli or fecal coliform

in at least one (1) sample; or

      b. Other circumstances

that warrant an advisory for the protection of public health.

      3. The cabinet may, if

circumstances warrant for the protection of public health, issue a boil water

advisory directly, rather than rely on a public or semipublic water system to

issue the advisory.

      4. A boil water advisory

shall remain in effect until the cabinet approves the lifting of the advisory

based on bacteriological results showing coliform bacteria are not present in

the water.

      (b) Consumer advisory.

      1. The cabinet may issue

a consumer advisory if:

      a. Conditions within a

public water system or semipublic water system indicate a possible adverse

health effect from consumption of the water distributed by the system; or

      b. Other information of

interest to the consumer exists.

      2. The advisory shall

notify affected persons of a required or recommended action.

      (c) A public or

semipublic water system shall:

      1. Immediately notify the

local health department that serves the area affected if a boil water advisory

or consumer advisory is issued.

      a. The notification may

be made by telephone or fax machine for an occurrence during normal business

hours.

      b. For an occurrence

after normal business hours, the public or semipublic water system shall notify

the affected local health department in a manner agreed upon by the system and

affected health department; or

      2. Develop a protocol

with a local health department that describes when and how the system shall

notify the affected health department if the system issues a boil water

advisory or consumer advisory. The protocol shall address:

      a. For which types of

advisories the system shall notify the affected health department;

      b. What procedures shall

be used to notify and under what circumstances;

      c. How soon after the

occurrence the notification shall be made; and

      d. To whom the

notification shall be made, during and after business hours.

      (10) How to issue an advisory.

      (a) A boil water

advisory or consumer advisory shall be issued through newspapers, radio,

television, or other media having an immediate public impact.

      (b) As a health and

safety measure, the water system shall repeat the notification during the

period of imminent danger at intervals that maintain public awareness.

      (c)1. The advisory shall

be readily understandable and shall include instructions for the public, as

well as an explanation of the steps being taken to correct the problem.

      2. Boiling instructions

shall caution to boil water to be used for consumption by boiling the water for

at least three (3) minutes at a rolling boil.

      (11) Maps.

      (a) A public or

semipublic water system shall have on the premises, or readily accessible to

cabinet staff inspecting the system, an up-to-date map of the distribution

system. The map shall, at a minimum, show:

      1. Line size;

      2. Cutoff valves;

      3. Fire hydrants;

      4. Flush hydrants;

      5. Tanks;

      6. Booster pumps;

      7. Chlorination

stations;

      8. Connection to

emergency or alternative sources;

      9. Wholesale customer

master meters; and

      10. Type of piping

material in the distribution system and its location.

      (b)1. If a public water

system is not able to comply with the requirements of paragraph(a) of this

subsection, the system may petition the cabinet to modify this requirement.

      2. The petition for

modification shall state specifically what portion of the requirements of

paragraph (a) of this subsection is not practical and why.

      (12) Operation and

maintenance manual.

      (a) Each public water

system shall develop and keep on the premises, for operators and employees of

the system, an operation and maintenance manual that includes:

      1. A detailed design of

the plant;

      2. Daily operating

procedures;

      3. A schedule of testing

requirements designating who is responsible for the tests; and

      4. Safety procedures for

operation of the facility, including storage and inventory requirements for

materials and supplies used by the facility.

      (b) The operation and

maintenance manual shall be updated as necessary, but not less than annually,

and shall be available for inspection by the cabinet.

      (c) Public water systems

serving fewer than 100 people or thirty (30) service connections may request

that the cabinet waive the requirements of paragraphs (a) and (b) of this subsection.

The request shall be in writing and any waiver granted by the cabinet shall be

in writing and be retained by the public water system for examination by

cabinet personnel.

      (13) Flushing

recommended.

      (a) To protect public

health, a distribution system may be thoroughly flushed at least twice a year,

usually in the spring and fall. The purpose of systematic flushing is to reduce

turbidity created from the scouring of accumulated sediment within the water

lines.

      1. Flushing shall start

at the hydrants nearest the source of supply and proceed in an outward

direction to the end of each main.

      2. Flushing shall

continue at each hydrant until all traces of turbidity and color are gone.

      3. Hydrants shall be

opened and shut slowly to prevent damage from water hammer.

      (b) In addition to the

regularly scheduled flushing, the following conditions shall indicate a need to

flush the entire system:

      1. Turbidity within the

distribution system greater than five (5) or one (1) nephelometric turbidity

units, or NTU, as applicable to the system;

      2. An inability to

maintain an adequate residual of a disinfection agent in any part of the

system; or

      3. A heterotrophic plate

count, or HPC, in excess of 500.

      (c) Other indicators

that flushing may be necessary shall be taste and odor complaints, color of

water, contaminated water samples, or line repairs.

      (14) A person shall not

introduce into the water supply system a substance that may have a deleterious

physiological effect, or for which physiological effects may not be known.

      (15) Certified lab

analysis required. For the purpose of determining compliance with the sampling

requirements of 401 KAR Chapter 8, samples shall be analyzed by a laboratory

certified by the cabinet as prescribed in 401 KAR 8:040, except that

measurements for turbidity, disinfectant residuals, and other parameters

specified by 40 C.F.R. 141.28 and 141.131 may be performed by a certified operator

or an individual under the supervision of a certified operator.

      (16) Right of entry. The

cabinet may enter an establishment, facility, or other property of public and

semipublic water supplies in order to determine whether the supplies have acted

or are acting in compliance with applicable laws or regulations that the

cabinet has the authority to enforce.

      (a) Entry may include

collection of water samples for laboratory analyses and inspection of records,

files, papers, processes, controls, and facilities required to be kept,

installed, or used under the provisions of 401 KAR Chapter 8.

      (b) The cabinet or its

authorized agent may cause to be tested a feature of a public water system,

including its raw water source, to determine compliance with applicable legal requirements.

      (17) Recommended

practices for water supply reservoirs to be used for drinking water. The

following practices may be employed by water systems that have a lake primarily

used as a source of raw drinking water:

      (a) Prohibition of

swimming, water skiing, and other contact sports;

      (b) Prohibition of large

motor-driven craft or any craft with toilets;

      (c) A requirement that

an area at least 100 feet wide from the upper pool elevation be kept clear of

all sources of potential contamination such as septic tanks, drain fields,

livestock, and barns;

      (d) Prohibition of effluent

from sewage treatment plants being discharged into the lake;

      (e) Picnicking may be

permitted around the lake if plans for the development of a picnic area meet

regulatory requirements of the cabinet; and

      (f) Implementation of a

nonpoint source pollution control plan.

      (18) Water treatment

chemicals and system components. Chemical additives and protective materials,

such as paints and linings, may be used by a water system if they meet the

requirements established in the Great Lakes-Upper Mississippi River Board of

State Public Health and Environmental Managers' Recommended Standards for Water

Works.

      (19) Disposal of

chlorinated water. Chlorinated water resulting from disinfection of treatment

facilities and new, repaired, or extended distribution systems shall be

disposed in a manner that shall not violate 401 KAR 10:031.

      (20) Water loading

stations. A public water system that provides water loading stations for the

purpose of providing water to water hauling trucks or other bulk water devices

shall construct the stations to conform to the standards in the Great

Lakes-Upper Mississippi River Board of State Public Health and Environmental

Managers' Recommended Standards for Water Works.

 

      Section 3. The cabinet

shall maintain records and submit reports as established in 40 C.F.R. 142.14, 142.15,

and 142.16(f).

 

      Section 4. A public

water system may receive a variance or exemption from some provisions of 401

KAR Chapter 8 only in accordance with 40 C.F.R. 141.4.

 

      Section 5. A public

water system may use noncentralized treatment devices only in accordance with

40 C.F.R. 141.100 or bottled water only in accordance with 40 C.F.R. 141,

Sections 141.101.

 

      Section 6. Incorporation

by Reference. (1) "Recommended Standards for Water Works, 2003," A

Report of the Committee of the Great Lakes-Upper Mississippi River Board of

State Public Health and Environmental Managers, is incorporated by reference.

      (2) This material may be

inspected, copied, or obtained, subject to applicable copyright law, at

Division of Water, 200 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday

through Friday, 8 a.m. to 4:30 p.m. This material is also available the

division's Web site at http://water.ky.gov. (17 Ky.R. 588; Am. 1425; eff. 11-15-1990;

18 Ky.R. 1170; 1845; eff. 11-26-1991; 20 Ky.R. 3015; 21 Ky.R. 313; eff.

8-24-1994; 27 Ky.R. 1552; 2511; 2732; eff. 4-9-2001; 31 Ky.R. 154; 740; 1090;

eff. 1-4-2005; 35 Ky.R. 1517; 2010; eff. 4-3-2009; 36 Ky.R. 2088-A; 2321; eff.

6-3-2010; 37 Ky.R 2924; 38 Ky.R. 508; 10-7-11.)