401 KAR 5:005. Permits to construct, modify, or operate a facility.

401 KAR 5:005. Permits to construct, modify, or operate a facility.

RELATES TO: KRS 224.10-100, 224.16-050, 224.16-060, 224.70-100, 224.70-110

STATUTORY AUTHORITY: KRS 224.01-110, 224.10-100, 224.16-050, 224.16-060, 224.70-100, 224.70-110

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the Environmental and Public Protection Cabinet to develop and conduct a comprehensive program for the management of water resources and to provide for the prevention, abatement, and control of water pollution. This administrative regulation establishes administrative procedures for the issuance of permits for the construction, modification, and operation of facilities authorized under KRS Chapter 224 and establishes conditions for construction of facilities under this chapter. The administrative regulation also establishes a schedule of fees to recover the costs of issuance for certain classes of permits. There is no federal law or regulation relating to construction requirements for wastewater treatment plants or the operational requirements for no discharge operations, therefore this administrative regulation is not more stringent than the federal requirements. The operational permit requirements are contained in the KPDES administrative regulations in 401 KAR 5:050 through 5:080 which are the same as the federal requirements.

Section 1. Applicability. (1) This administrative regulation shall apply to owners and operators of facilities subject to the administrative regulations of this chapter.

(2) A person shall not construct, modify, or operate a facility without having received a permit from the cabinet. A construction or modification permit shall not be required for maintenance replacement for components of an existing facility or for changes which do not affect the treatment processes of the facility, but shall be required for replacement of an entire wastewater treatment plant (WWTP). The operational permit provisions of Section 27 this administrative regulation shall be satisfied by those facilities which have a valid KPDES permit issued pursuant to 401 KAR 5:050 to 401 KAR 5:080.

(3)(a) The following requirements shall apply to agricultural wastes handling systems, as defined by 401 KAR 5:002:

1. Agricultural wastes handling systems which convey, store, or treat manure from concentrated animal feeding operations as defined by 401 KAR 5:002 shall:

a. Obtain a permit to construct or modify the facility, complying with only Sections 2, 24, and 29(1)(h) and (i) of this administrative regulation; and

b. Obtain a KPDES permit and comply with 401 KAR 5:026 through 5:080.

2. All other agricultural wastes handling systems shall obtain permits to construct, modify, or operate the facility pursuant to this administrative regulation complying with only Sections 2, 24, 25, 27, and 29(1)(h) and (i) of this administrative regulation. A KPDES permit shall not be required for these facilities.

(b) The following shall apply to industrial wastewater treatment plants (IWWTPs) as defined by 401 KAR 5:002:

1. IWWTPs with closed loop systems shall obtain a KNDOP complying with only Sections 2, 25, 27, and 29(1)(e) through (g) of this administrative regulation and any other applicable standard or requirements of 401 KAR Chapter 5. A KPDES permit shall not be required for these facilities.

2. IWWTPs with a discharge to the waters of the Commonwealth shall not be required to obtain a permit to construct or modify the facility. These facilities shall, however:

a. Comply with the "Five Mile Limit Policy" incorporated by reference in Section 29 of this administrative regulation;

b. Obtain a KPDES permit to discharge into the waters of the Commonwealth; and

c. Comply with all other requirements of 401 KAR Chapter 5.

3. Sewer lines which convey wastewater to IWWTPs shall not be required to obtain a construction permit.

1. WWTPs which collect, convey, or treat only storm water and discharge into the waters of the Commonwealth shall not be required to obtain a permit to construct or modify the facility pursuant to this administrative regulation. These facilities shall, however, comply with 401 KAR 5:026 through 5:080. 401 KAR 5:060 further specifies when these facilities are required to obtain a KPDES permit.

2. WWTPs which collect, convey, or treat only storm water and do not discharge into the waters of the Commonwealth shall obtain an operational permit under this administrative regulation, complying with only Sections 2, 25, 27, and 29(1)(e) through (g) of this administrative regulation. A KPDES permit shall not be required for these facilities.

Section 2. Application Submittal. (1) An application to construct, modify, or operate a facility, or renew the operational permit for a facility shall be submitted on the following applicable forms, incorporated by reference in Section 29 of this administrative regulation, and shall include the applicable supporting information required by Section 3 of this administrative regulation, applicable fees required by Section 5 of this administrative regulation, and plans and specifications for the proposed construction or modification required by Section 6 of this administrative regulation.

(a) For construction of sewer line extensions, the applicant shall submit a completed Construction Permit Application for Sewer Line Extension, Form S-1, and a fee in accordance with Section 5 of this administrative regulation.

(b) For construction projects for WWTPs or WWTPs with sewer lines with a direct discharge, the applicant shall submit or shall have submitted the completed KPDES applications required by 401 KAR 5:060 and a completed Construction Permit Application for Wastewater Treatment Plant, Form W-1. The applicant shall also submit a construction permit fee in accordance with Section 5 of this administrative regulation and a KPDES permit fee in accordance with KRS 224.70-120.

(c) For WWTP construction projects without a discharge other than agricultural waste handling systems, the applicant shall submit a completed Construction Permit Application for Wastewater Treatment Plant, Form W-1, a completed Kentucky No Discharge Operational Permit Application, Form ND, and a construction permit fee in accordance with Section 5 of this administrative regulation.

(d) For operational permits or renewals of Kentucky No Discharge Operational Permits (KNDOPs) other than agricultural waste handling systems, the applicant shall submit a completed Kentucky No Discharge Operational Permit Application, Form ND.

(e) For construction, renewal, modification, or operation of agricultural wastes handling systems, the applicant shall submit a completed Kentucky No Discharge Operational Permit Application for Agricultural Wastes Handling Systems, Short Form B. For construction approvals, applicants shall also submit a completed Site Survey Request.

(f) For construction of minor modifications to a WWTP, the applicant shall submit a completed Construction Permit Application for Wastewater Treatment Plant and a fee in accordance with Section 5 of this administrative regulation.

(g) For WWTP construction projects with a discharge for an individual residence, the applicant shall submit a completed Construction Permit Application for Wastewater Treatment Plant, fee in accordance with Section 5 of this administrative regulation, and the completed KPDES applications required by 401 KAR 5:060.

(h) For operational permits or renewals of operational permits for publicly owned sewer systems which have at least 5,000 linear feet of sewer line and which discharge to a sewer system or a WWTP which is owned by another person, the applicant shall submit a completed Kentucky Inter-Municipal Operational Permit Application.

(2) Signatures.

(a) Applications and all reports required by the permits shall be signed by the responsible corporate officer or the person having primary responsibility for the overall operation of the facility. For a municipality, state, federal or other public agency, the signee shall be a principal executive officer or ranking elected official or the designee. An application or report may be signed by a duly authorized representative, if the authorization has been made in writing by the responsible person.

(b) Certification. Any person signing a document under paragraph (a) of this subsection shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for known violations."

Section 3. Application; Supporting Information. The following items shall be submitted as a part of the application or with the application required by Section 2 of this administrative regulation, any applicable fee required by Section 5 of this administrative regulation, and the plans and specifications for the construction project required by Section 6 of this administrative regulation:

(1) The applicant shall identify who will inspect and certify that the facility under construction conforms with the plans and specifications approved by the cabinet in accordance with this administrative regulation. Facilities designed by an engineer shall be inspected and certified by an engineer.

(2) The applicant shall provide an estimate for the cost of the facility.

(3) The applicant shall provide a USGS 7.5 minute topographic map with the proposed project identified.

(4) The applicant shall provide an estimate, and the basis for the estimate, for the average daily flow added by the proposed project.

(5) Closure plan.

(a) If an existing facility or a portion of a facility will be taken out of service, the applicant shall submit a closure plan discussing the following items:

1. How the facility will be constructed and the sewage will be diverted to the new construction without a bypass to a stream. If a bypass is unavoidable during construction, the applicant shall submit:

a. An explanation of why construction cannot occur without the bypass;

b. An estimate of the shortest duration for the construction to be completed;

c. A description of all equipment, material, labor, and any other item necessary to complete the construction; and

d. An estimate of when the necessary items for the construction will be on-site;

2. How the contents of the facility will be removed and properly disposed;

3. How the abandoned facility will be removed or filled and covered; and

4. How the abandoned sewers will be plugged and manholes filled and covered.

(b) If an existing WWTP discharge is eliminated, the owner of the WWTP shall submit a completed No Discharge Certification, incorporated by reference in Section 29 of this administrative regulation, within thirty (30) days after the elimination of the discharge.

(6) Preliminary submittal. Applicants for WWTP construction permits may submit the following information prior to formal submittal of the construction application, to allow the applicant to receive a preliminary determination on the suitability of the proposed discharge location and preliminary effluent limits used in the design of the facility. If the information in this subsection is not submitted prior to the formal submittal, the information shall be submitted with the construction application. The preliminary determination shall be valid for up to one (1) year after issuance of the preliminary determination or until the issuance of the KPDES permit, whichever occurs first. The preliminary determination may be changed as a result of information presented during the public notice phase of the KPDES permitting procedure. The preliminary effluent limits are contingent upon the validity, accuracy, and completeness of the following information submitted by the applicant:

(a) A reproducible copy of a USGS 7.5 minute topographic map with the projected service area outlined, the proposed WWTP location, and the discharge point identified on the map;

(b) If a regional facility plan or water quality management plan is being or has been developed, a letter from the regional planning agency stating whether the applicant's project is compatible with the plan. The cabinet shall then make a final determination on the compatibility of the project with the plan;

(c) For a new or an expansion of an existing regional facility pursuant to 401 KAR 5:006, a regional facility plan or water quality management plan. The planning requirements of "Recommended Standards for Wastewater Facilities" ("Ten States' Standards"), incorporated by reference in Section 29 of this administrative regulation, shall be satisfied by the cabinet's approval of a regional facility plan or a water quality management plan; and

(d) For WWTP projects, a demonstration that the users of the proposed WWTP cannot be served by an existing regional facility. The applicant shall demonstrate that a connection to a regional facility is not available. The applicant shall provide a detailed evaluation of alternatives by conducting a twenty (20) year present worth cost analysis. The distance criteria for determining availability shall not apply to WWTPs with an average daily design capacity less than or equal to 1,000 gpd.

(7) For WWTP projects, the applicant shall submit the following design values:

(a) Average daily flow;

(b) Peak daily flow;

(d) Influent BOD;

(e) Influent suspended solids; and

(f) Ammonium nitrogen (NH₃-N) of the influent.

(8) For WWTP projects, if the discharge point of a proposed WWTP fails to coincide with a stream indicated as a blue line on a USGS 7.5 minute topographic map, the applicant shall demonstrate that the applicant has a recorded deed, recorded other right of ownership, or recorded right of easement to discharge the applicant's effluent across any land owner's property which comes between the point of discharge and a blue line stream.

(9) For WWTP projects, the applicant shall submit a copy of the plat or survey clearly indicating the property boundaries, the position of the proposed facility, and the position of the dwellings within 200 feet of the WWTP.

(10) For WWTP projects, the applicant shall provide a sludge management plan which includes the method of sludge processing and ultimate sludge disposal.

(11) For WWTP projects, the applicant shall indicate that laboratory services shall be provided for self-monitoring and process control to ensure that the WWTP operation complies with the permit.

(12) For WWTP projects, the applicant shall submit:

(a) A schematic drawing of the WWTP layout and detailed explanation of the proposed facility and its method of operation;

(b) The WWTP's reliability category and a demonstration of how the WWTP complies with the reliability requirements in Section 13 of this administrative regulation; and

Section 4. Application; Preliminary Considerations. (1) A permit shall not be granted to any facility which is not compatible, as determined by the cabinet, with a regional facility plan or with a water quality management plan approved by the cabinet or the U.S. EPA.

(2) A WWTP which serves an individual residence may be located within 200 feet of the dwelling that it serves. An open-top WWTP may be located within 200 feet of another dwelling which the WWTP does not serve, only if the WWTP is enclosed within a building which controls odors and dampens noise or the applicant demonstrates an equivalent method for noise and odor control will be provided.

(3) Any discharge point and direct discharges into a wellhead protection area shall comply with Water Policy Memorandum No. 84-02 (Five Mile Limit Policy), incorporated by reference in Section 29 of this administrative regulation.

(4) The initial suitability of any location for a proposed discharge point or spray irrigation field shall be determined by the cabinet after site inspection. In determining the suitability of the location, the cabinet may consider the distance to the nearest dwelling, distance to water intake used for a public water supply, downstream land use, physical characteristics and current use of the stream, physical characteristics of the proposed spray field including karst topography, need for easements, location of property boundaries, and other items consistent with this administrative regulation and KRS Chapter 224.

(5) If the discharge from the WWTP enters a sinkhole directly or enters a disappearing stream, the applicant shall submit a proposal for a groundwater tracer study or results from a previously conducted study to the cabinet for approval. The results of the groundwater tracer study shall be submitted to the cabinet for approval. The cabinet will review the results to determine if a discharge is approvable.

(6) The cabinet may condition or deny a permit to construct or expand a facility based on its compatibility with a regional facility plan or the availability of a regional facility. Permits to construct, expand, or operate a sewage system shall require connection to a regional facility when one (1) becomes available and shall not be renewed, reissued, or modified to remove that requirement unless a regional facility is no longer available.

(7) Pursuant to 401 KAR 5:300, the cabinet may coordinate issuance of a construction permit for WWTPs which require a new KPDES permit or modification to a KPDES permit with the issuance of the KPDES permit to ensure that public comments received as a result of the public notice requirements of 401 KAR 5:075 are considered in the issuance of the construction permit. The cabinet may also coordinate issuance of construction approval for the associated sewer lines with the issuance of the construction permit for the WWTP. The cabinet may condition or deny the construction permit based on those public comments.

Section 5. Fees. (1) Except as specified in KRS 224.10-100, 224.16-050, and subsection (5) of this section, the applicant shall submit a construction permit fee as provided in subsection (4) of this section with the construction permit application and any applicable KPDES fee.

(2) If the cabinet denies a construction permit for a WWTP or sewer line, the fee for the construction permit shall be retained by the cabinet, unless the fee is for a WWTP which serves only an individual residence.

(3) The applicant shall make checks or money orders payable to the Kentucky State Treasurer.

(4) Construction permit fees shall be as shown on the following schedule, except as provided in subsection (5) of this section.

Facility Category	Construction Permit Fee
Large Facility: WWTP	$1,800
Intermediate Facility: WWTP	$900
Small Facility: WWTP	$450
Minor Modification to a WWTP:	$200
Small Facility for Nonprofit Organizations pursuant to KRS 224.16-050(5):	$50
Large Facility: Sewer Lines	$800
Intermediate Facility: Sewer Lines	$400
Small Facility: Sewer Lines	$200

(5) Fees in this section shall not apply to agricultural wastes handling systems or renewals of KNDOP permits.

(6) The WWTP fee shall apply to the WWTP project and any sewers or pump stations located on the plant property. A sewer fee shall apply to all sewers, force mains, and pump stations which are bound together as one (1) set of plans. If a WWTP project includes sewers, force mains, or pump stations located off of the plant property, at least two (2) fees shall be submitted.

(7) To qualify for the reduced fee in subsection (4) of this section, nonprofit organizations shall submit proof that they are qualified under Section 501(c)(3) of the Internal Revenue Code.

Section 6. Plans and Specifications. (1) The applicant shall submit to the cabinet at least three (3) sets of detailed plans and specifications for the facility. Plans for gravity sewer lines and force mains shall include a plan view and a profile view. The submittal shall be accompanied by a completed permit application on the forms required by Section 2 of this administrative regulation and the applicable items required by this administrative regulation.

(2) The cabinet may request additional information as is necessary to evaluate the facility to ensure compliance with this administrative regulation.

(3) If cabinet approval is obtained, changes shall not be made to the plans and specifications which would alter or affect the location, capacity, type of treatment process, discharge location, or quality of effluent without issuance of a modified permit from the cabinet.

(4) If a proposed facility will become a part of a sewer system served by a regional facility or has a projected average daily design capacity of 10,000 gpd or more, the plans and specifications shall be prepared, stamped, signed, and dated by a professional engineer.

(5) The plans shall be accompanied by engineering calculations necessary for the understanding of the basis and design of the facility.

Section 7. Design Considerations. (1)(a) Facilities, except extended aeration package WWTPs with an average daily design capacity less than 100,000 gpd, shall be designed in accordance with the "Recommended Standards for Wastewater Facilities" of the Great Lakes-Upper Mississippi River Board of State Public Health and Environmental Managers, commonly referred to as "Ten States' Standards", 1990 edition, incorporated by reference in Section 29 of this administrative regulation. Deviations from the "Ten States' Standards" requirements may be approved if the applicant submits a written request for a deviation with the basis for the request. The basis for the deviation request shall be supported by current engineering practice. Some references to current engineering practice may be found in any "Manual of Practice" published by the Water Environment Federation and "Wastewater Engineering Treatment, Disposal, Reuse", Third Edition, by Metcalfe and Eddy, Inc.

(b) Other practices may be required by the cabinet based on the cabinet's best professional judgment that the practices are necessary for the protection of public health and the environment.

(c) Other practices may be approved by the cabinet if sufficient operational experience is available from previous similar installations to indicate no operational problems have occurred and that water quality standards have not been violated.

(2) Extended aeration package WWTPs, with an average daily design capacity less than 100,000 gpd shall comply with Section 10 of this administrative regulation and any other applicable section.

(3) The applicant shall demonstrate to the cabinet that the effluent from a proposed facility will:

(a) Protect those minimum conditions applicable to all waters of the Commonwealth found in 401 KAR 5:031;

(b) Not cause those waters classified by 401 KAR 5:026 or 5:030 to be of lesser quality than the numeric criteria applicable to those waters in 401 KAR 5:031 or the requirements of 401 KAR 5:030; and

(4) Each WWTP shall have a flow measuring device at the plant capable of measuring the anticipated flow, including variations, with an accuracy of ± ten (10) percent. The flow measuring device shall measure all flow discharged by the WWTP including any bypasses. An indicating, recording, and totalizing flow measuring device shall be installed at each large WWTP. Flow measuring devices for new large WWTPs shall meet the requirements of Section 12 of this administrative regulation.

(5) Bypass or overflow structures of any type shall not be constructed in any sewer line or pump station or at any WWTP unless specifically approved by the cabinet in writing.

Section 8. Requirements for Sewer Line Extensions. (1) If the applicant does not own all of the proposed sewer line extension, the applicant shall identify the owner and the portion of the sewer line extension owned by the other person.

(2) The applicant shall submit letters from:

(a) The owner of the sewer line extension stating that the owner will accept operation and maintenance responsibilities for the sewer line extension when it is constructed;

(b) The owner of the sewer system stating that the owner approves the connection and accepts responsibility for the additional flow; and

(c) The owner of the WWTP stating that the owner approves the connection and accepts responsibility for the additional flow.

(3) The applicant shall demonstrate that the portion of the sewer system used by the connection has adequate capacity to transport the current and anticipated peak flow to the WWTP and that the portion of the sewer system used by the connection is not subject to excessive infiltration or excessive inflow. The cabinet may deny a sewer line extension for that portion of the sewer system if the portion of the system is subject to excessive infiltration or excessive inflow unless a plan for investigation and remediation which addresses these conditions has been approved and is being implemented.

(4) The applicant shall demonstrate that the WWTP which receives the waste has adequate capacity to treat the current and the anticipated flow and is not subject to excessive infiltration or excessive inflow. The cabinet may deny the sewer line extension if the WWTP does not have adequate capacity to treat the flow or is subject to excessive infiltration or excessive inflow unless a plan for investigation and remediation which addresses these conditions has been approved and the plan is being implemented.

(5) The entrance of groundwater into, or loss of waste from, a new gravity sewer line shall be limited to 200 gpd per inch of diameter per mile of the gravity sewer line. This limitation includes manholes, gravity sewer lines, and appurtenances.

(6)(a) The integrity of a new gravity sewer line shall be verified by either the infiltration-exfiltration or low pressure air testing method. An infiltration-exfiltration test shall be performed with a minimum positive head of two (2) feet. A deflection test shall be performed for each new flexible pipe; pipe deflection shall not exceed five (5) percent. Each new manhole shall be tested for watertightness.

(b) The integrity of a new force main shall be verified by leakage tests. The applicant shall describe the proposed testing methods and leakage limits in the specifications submitted with the permit application.

(7) The construction of a new combined sewer shall not be permitted unless it is a consolidation sewer, flood relief sewer, or a replacement of a combined sewer that:

(a) Conforms with the long-term CSO control plan;

(b) Enhances water quality; and

(8) Gravity sewer lines and force mains shall be designed and constructed to give mean velocities, when flowing full, of not less than two and zero-tenths (2.0) feet per second. The roughness coefficient used in the Manning or Kutter's formula shall be 0.013 or the "C" factor used in the Hazen-Williams Formula shall be 100. If the specifications allow only plastic pipe, a roughness coefficient of 0.011 or a "C" factor of 120 may be used. Roughness coefficients between 0.013 and 0.011 may be considered for other pipe materials if sufficient documentation of experimental testing is approved by the cabinet.

(9) Gravity sewer lines and force mains shall have a minimum of thirty (30) inches of cover or provide comparable protection.

(10) If gravity sewer lines and force mains are to be constructed in fill areas, the fill areas shall be compacted to ninety-five (95) percent density as determined by the Standard Proctor Density test or to a minimum of ninety (90) percent density as determined by the Modified Proctor Density test prior to the installation of the sewer lines.

(11) The minimum size for conventional gravity sewer lines shall be eight (8) inches, except that a six (6) inch sewer line may be approved if no future extension is possible. Alternative type sewer systems may be approved if sufficient operational experience is available from previous similar installations to indicate no operational problems have occurred.

(12) A manhole shall be provided at the junction of two (2) building sewers. This subsection shall not apply to building sewers which serve single-family residences.

(13) The following building sewers shall be exempt from the requirements of this administrative regulation:

(a) Gravity sewers which:

1. Have a diameter of less than eight (8) inches and discharge directly to the sewer main;

2. Serve a single-family residence building or a multifamily residence building with four (4) dwelling units or less; or

3. Serve a single office building or a single mercantile building with an occupant load of less than thirty (30) persons.

(b) Force main sewers, regardless of the location of the pump station which:

1. Have a length of less than 500 feet and discharge directly to a gravity sewer main;

2. Serve a single-family residence building or multifamily residence building with four (4) dwelling units or less; or

3. Serve a single office building or a single mercantile building with an occupant load of less than thirty (30) persons.

(14) Sewer lines shall be located at least fifty (50) feet away from a stream which appears as a blue line on a USGS 7.5 minute topographic map except where the sewer alignment crosses the stream. The distance shall be measured from the top of the stream bank. The cabinet may allow construction within the fifty (50) foot buffer if adequate methods are used to prevent the soil from entering the stream.

(15) Gravity sewer lines and force mains that cross streams shall be constructed by methods which maintain normal stream flow and allow for a dry excavation. Water pumped from the excavation shall be contained and allowed to settle prior to reentering the stream. Excavation equipment and vehicles shall operate outside of the flowing portion of the stream. Spoil material from the sewer line excavation shall not be allowed to enter the flowing portion of the stream.

(16) Pump station wetwells shall be sized such that, based on the average flow, the time to fill the wetwell from the pump-off elevation to the pump-on elevation shall not exceed thirty (30) minutes.

(17) Pump station wetwells shall have a vent.

(18) Pump stations shall provide a minimum of two (2) hours of detention, based on the average design flow, above the high level alarm elevation or provide an alternate source of power with wetwell storage providing sufficient time for the alternative power source to be activated.

(19) Each high point in the force main shall have automatic air release valves.

(20) The applicant shall submit a performance curve for proposed pump stations.

(21) A simplex design shall be used only for pump stations which serve an individual residence or business and a spare pump shall be available for immediate installation.

Section 9. Municipal Water Pollution Prevention Program. This section applies to owners of regional WWTPs, sewer systems served by regional WWTPs, and facilities with KIMOPs.

(1) For each regional WWTP, the cabinet shall review the WWTP's reported monthly flows and organic loads for the most recent twelve (12) months. If the annual average flow or organic load, or for systems with combined sewer lines the lowest monthly flow and associated organic load, exceed the following values, the cabinet shall advise the owner of the WWTP of the need to address the potential overload condition pursuant to subsection (2) of this section:

(a) For a regional WWTP with a design capacity of ten (10) mgd or less, ninety (90) percent of the WWTP's average daily design capacity; or

(b) For a regional WWTP with a design capacity of more than ten (10) mgd, ninety-five (95) percent of the WWTP's average daily design capacity.

(2) The cabinet may deny the approval of any sewer line extension until the owner of the WWTP commits to addressing the potential overload condition identified in subsection (1) of this section. The owner may address the condition by:

(a) Demonstrating, with supporting documentation, that the average daily design capacity of the plant is greater than the permitted amount. The cabinet shall review the request and if justified, shall issue a revised average daily design capacity for the WWTP by issuing a modification to the KPDES permit;

(b) Expanding the WWTP to a size sufficient to handle the anticipated flows and loads; or

(3) Sewer line extensions which are of sufficient flow or add sufficient load to exceed the remaining design capacity of the WWTP or exacerbate water quality problems may be denied.

(4) The owners of the following facilities shall conduct a study of the sewer system or the affected portion of the sewer system which complies with subsections (5) and (6) of this section:

(a) Regional WWTPs with reported average flows or organic loads which exceed the percent identified in subsection (1)(a) or (b) of this section, as applicable, and KIMOP facilities which either:

1. Receive more than 275 gallons per capita per day of sewage flow based on the maximum flow received during a twenty-four (24) hour period exclusive of industrial flow; or

2. Receive more than 120 gallons per capita per day of sewage flow based on the annual average of daily flows exclusive of industrial flow.

(b) Regional WWTPs, sewer systems served by a regional WWTP, or facilities with KIMOPs which are subject to excessive infiltration or excessive inflow.

(5) The study shall determine if the infiltration-inflow can be removed in a cost-effective manner by using a twenty (20) year present worth cost analysis and if not, shall identify the modifications to the sewer system, affected portion of the sewer system, or the WWTP that are necessary to transport and treat the infiltration-inflow. A schedule for completion of the necessary modifications shall also be prepared. The study and schedule shall be submitted to the cabinet for review and approval.

(6) For the infiltration-inflow study of the sewer system or the affected portion of the sewer system, the owner shall:

(a) Use a map of the sewer system or the affected portion of the sewer system to select manholes for the installation of flow monitoring equipment;

(b) Install equipment to monitor flow at the key manholes, groundwater levels, and rainfall volume and duration for a period of thirty (30) to ninety (90) days;

(d) Evaluate the cost-effectiveness of transportation and treatment versus correction of the infiltration-inflow sources by using a twenty (20) year present worth cost analysis;

(e) If justified, internally inspect the sewer lines in the affected portion of the sewer system to determine the rehabilitation locations and methods;

(f) Develop plans for rehabilitation of the affected portion of the sewer system or modifications to the affected portion of the facility necessary to transport and treat all flows; and

(g) Develop a schedule for completion of the rehabilitation or modifications.

(7) The owner of the facility shall complete the necessary rehabilitation or modifications in accordance with the approved schedule. The cabinet may deny further sewer line extensions if the owner is not meeting or is not making acceptable progress toward meeting the approved schedule.

Section 10. Extended Aeration Package WWTP Requirements. This section shall apply to extended aeration package WWTPs intended to treat only domestic sewage but shall not apply to extended aeration package WWTPs which serve an individual residence.

(1) A bar screen shall be provided for each plant, except those with trash traps.

(2) The aeration chamber shall have a minimum detention time of twenty-four (24) hours based on the average design flow.

(3) A minimum of 2,050 cubic feet of air shall be provided per pound of BOD.

(4) The clarifier shall have a minimum detention time of four (4) hours based on the average design flow, a surface overflow rate of less than 1,000 GPD/ft², and a solids loading of less than thirty-five (35) lb/ft² based on the peak daily design flow rate.

(5) A positive sludge return shall be provided.

(6) A source of water shall be provided for cleanup. If a potable source is provided, backflow preventers shall be installed to protect the water supply.

(7) Fencing with a lockable gate shall be installed around the plant site.

(8) An all-weather access road to the plant shall be provided.

(9) A sludge holding system shall be provided for each large WWTP. The sludge holding system shall:

(a) Provide two (2) cubic feet of volume per 100 gallons of WWTP design treatment capacity;

(b) Provide thirty (30) cubic feet per minute (cfm) of air per 1,000 cubic feet of tank volume;

(d) Transport supernatant to the aeration chamber.

(10) For large WWTPs, motors and blowers shall be installed sufficient to handle the load if the largest unit is taken out of service.

(11) If food grinders are used, treatment units shall be designed for treating the additional BOD loading; additional treatment processes may be required.

(12) Post aeration, if required by effluent limits, shall be designed to raise the effluent dissolved oxygen from two (2) mg/l to the required effluent concentration. If a diffused air system is used, a minimum blower capacity of 0.154 cubic feet per minute (cfm) per 1,000 gallons of average daily design capacity shall be provided. If a step aeration ladder is used, a minimum drop of nineteen (19) feet shall be provided.

(13) WWTPs with monthly average permit limits for CBOD of twenty (20) mg/l or less shall provide additional treatment units.

(14) WWTPs which serve restaurants or other similar establishments where food is prepared and served shall be designed to treat the additional BOD loading.

(15) Effluent discharge piping for new WWTPs, except regional facilities, shall be designed to transport sewage to facilitate a future connection to a regional facility.

(16) Used package extended aeration WWTPs may be used if the tank is structurally sound and all mechanical equipment has been reconditioned.

Section 11. Disinfection. (1) All WWTPs shall have a disinfection process which meets the following requirements:

(a) An ultraviolet disinfection system designed to treat the anticipated peak hourly flow;

(b) A chlorination system with a flow or demand proportional feed system. The chlorine contact tank shall have a minimum detention time of thirty (30) minutes based on the average flow, or fifteen (15) minutes based on the peak hourly flow, whichever requires the larger tank size. WWTPs shall also have a dechlorination system with a flow or demand proportional feed system if necessary to meet the effluent limits; or

(c) A chlorination system with a manually controlled feed system and a flow equalization basin designed to eliminate the diurnal flow variations. The flow equalization basin shall meet the requirements of Section 17 of this administrative regulation. The chlorine contact tank shall have a minimum detention time of thirty (30) minutes based on the average design flow or fifteen (15) minutes based on peak hourly flow. WWTPs shall also have a dechlorination system if necessary to meet the effluent limits.

(d) Other disinfection processes providing equivalent treatment may be approved by the cabinet.

(2) Tablet type chlorination equipment shall not be used in intermediate or large WWTPs.

Section 12. Requirements for Flow Measuring Devices. This section shall apply to new large WWTPs. Each flow measuring device shall be capable of measuring the anticipated flow, including variations, with an accuracy of ± ten (10) percent. The flow measuring device shall measure all flow received at the WWTP. An indicating, recording, and totalizing flow measuring device shall be installed at each large WWTP.

(1)(a) If the influent and effluent flow are expected to be significantly different, flow measuring devices shall be provided for both the influent and the effluent flow.

(b) Multiple flow measuring devices shall be provided for the following:

1. WWTPs that store and hydrographically control the release of effluent;

2. WWTPs with flow equalization facilities which are designed to store more than the volume required to dampen the diurnal flow variations;

3. WWTPs with lagoons that have a detention time of greater than twenty-four (24) hours;

4. WWTPs with the capability to bypass a treatment process; and

5. WWTPs with more than one (1) discharge point.

(2) Sharp crested weirs shall be used for measuring effluent flow only and shall have the following characteristics:

(a) The weir shall be installed perpendicular to the axis of flow and there shall be no leakage at the weir edges or bottom;

(b) The weir plate shall be level and adjustable;

(d) The angles of V-notch weirs shall be cut precisely;

(e) The thickness of the weir crest shall be less than one-tenth (0.1) of an inch;

(f) The distance from the weir crest to the bottom of the approach channel shall be more than one (1) foot or two (2) times the maximum weir head, whichever is greater;

(g) For weirs other than suppressed, rectangular weirs, the distance from the sides of the weir to the sides of the approach channel shall be more than (1) foot or two (2) times the maximum weir head, whichever is greater;

(h) Air shall circulate freely under, and on both sides of, the nappe;

(i) The measurement of head on the weir shall be made at least four (4) times the maximum weir head upstream from the weir crest;

(j) The cross-sectional area of the approach channel shall be at least eight (8) times the area of the nappe. The approach channel shall be straight and uniform upstream from the weir for a distance of fifteen (15) times the maximum weir head;

(k) The minimum acceptable weir head shall be two-tenths (0.2) foot;

(l) The maximum downstream pool level shall be at least two-tenths (0.2) foot below the crest elevation;

(m) The weir length for a rectangular, suppressed, or cipolletti weir shall be at least three (3) times the maximum weir head; and

(n) A reference staff gauge shall be provided.

(3) Parshall flumes may be used to measure influent or effluent flows and shall have the following characteristics:

(a) The approach channel upstream of the flume shall be straight and have a width uniform for the length required by the following:

1. If the flume throat width is less than one-half (1/2) the width of the approach channel, the straight upstream channel length shall be twenty (20) times the throat width;

2. If the flume throat width is equal to or larger than one-half (1/2) the width of the approach channel, the straight upstream length shall be greater than ten (10) times the approach channel width; and

3. If the cross-sectional area of the inlet to the approach channel is smaller than the cross-sectional area of the approach channel, additional straight upstream channel length may be required to dissipate the velocity;

(b) The throat section walls shall be vertical;

(d) The flow shall be evenly distributed across the channel, shall be free of turbulence or waves, and shall not be located after transition sections;

(e) The longitudinal and lateral axes of the converging crest floor shall be level;

(f) Free flow conditions shall be maintained; and

(g) A reference staff gauge shall be provided for H_a and H_b to determine if submergence occurs.

(4) Other types of flow measuring devices may be approved by the cabinet if the device reasonably and accurately measures the flow.

Section 13. Reliability Categories. The cabinet shall determine the reliability categories of a WWTP based on factors such as the size of the discharge, the size of the receiving stream, and downstream water quality classifications.

(1) WWTP reliability categories are divided into three (3) grades:

(a) Grade One WWTPs shall have redundancy in units and alternate power sufficient for the continuous use of all treatment processes and disinfection;

(b) Grade Two WWTPs shall have redundancy in units and alternate power sufficient for the continuous use of the preliminary, primary, and secondary treatment processes and disinfection; and

(c) Grade Three WWTPs shall have redundancy in units and alternate power sufficient for the continuous use of the preliminary and primary treatment processes and disinfection.

(2) WWTPs which discharge to a waterbody designated in 401 KAR 5:030 as a waterbody whose quality exceeds that necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water shall meet the requirements of a Grade One reliability category if the average daily design capacity is greater than twenty (20) percent of the seven (7) day, ten (10) year (7Q₁₀) low flow of the receiving stream.

(3) WWTPs which discharge into sinkholes or disappearing streams shall meet the requirements of a Grade One reliability category.

(4) WWTPs which discharge within five (5) miles of a public water supply intake or discharge directly into a wellhead protection area shall meet the requirements of a Grade One reliability category.

(5) WWTPs which discharge to a waterbody designated in 401 KAR 5:030 as a waterbody whose quality exceeds that necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water shall meet the requirements of a Grade Two reliability category if the average daily design capacity is equal to or less than twenty (20) percent of the 7Q₁₀ low flow.

(6) Large WWTPs which discharge within five (5) miles upstream of the head of an embayment when the lake is at normal pool elevation shall meet the requirements of a Grade Two reliability category.

(7) Large WWTPs shall, at a minimum, meet the requirements of a Grade Three reliability category.

(8) WWTPs which are subject to reliability requirements shall:

(a) Provide sufficient units to allow for cleaning and repair without causing a violation of effluent limitations or a bypass from the sewer system or the WWTP. This shall require storage or treatment capability sufficient to contain or treat the volume of the largest tank and the flow received during the time needed to drain, complete cleaning, and accomplish any anticipated repair without causing a permit violation or bypass of any treatment process; and

(b) Provide alternate power from the connection of at least two (2) independent power sources such as substations, an emergency generator, or comparable protection.

Section 14. Requirements for Trash Traps. Trash traps shall not be used on WWTPs with a design capacity of larger than 100,000 gpd. Trash traps shall have an outlet baffle, be accessible to cleaning equipment, have air-tight access openings for cleaning, allow for cleaning in front of baffles, and have a volume required by this section.

(1) For small WWTPs, the trash trap volume shall be fifteen (15) percent of the average daily design flow; and

(2) For intermediate or large WWTPs with a design capacity of 100,000 gpd or less, the trash trap volume shall be as indicated in the following table for the appropriate WWTP capacity. For capacities not included, the volume shall be interpolated.

WWTP Capacity (GPD)	Trash Trap Volume (Gallons)
10000	1500
20000	2400
30000	2900
40000	3200
50000	3430
60000	3600
70000	3740
80000	3840
90000	3920
100000	4000

Section 15. Requirements for Slow Sand Filters. (1) Wastewater loading shall not exceed five (5) GPD per square foot of filter surface area.

(2) Filter areas larger than 900 square feet shall have multiple beds.

(3) The discharge piping on the filter bed shall be located so that the maximum lateral travel over the sand is less than twenty (20) feet.

(4) Each discharge point shall serve a maximum of 300 square feet of filter surface.

(5) Each discharge point shall have a splash block with a minimum surface area of nine (9) square feet and a square or circular shape.

(6) Distribution piping shall be designed to drain properly.

(7) Underdrains shall be spaced on ten (10) foot centers or less.

(8) Gravel shall be placed around the underdrains and to a depth of six (6) inches over the top of the underdrains.

(9) The filter bed shall have at least thirty (30) inches of sand with an effective size between three-tenths (0.3) and five-tenths (0.5) millimeter.

(10) The dosing chamber shall have a volume sufficient to provide a depth of two (2) inches over the entire filter bed.

Section 16. Requirements for Rapid Sand or Mixed Media Filters. Rapid sand or mixed media filter loadings shall not exceed one (1) gallon per minute per square foot of filter surface area. If flow equalization is provided, the allowable loading may be increased to two (2) gallons per minute per square foot. A backwash system shall be provided.

Section 17. Requirements for Flow Equalization Basins. (1) Flow equalization basins shall have:

(a) A variable flow weir box set to deliver flow at a treatable rate;

(b) A minimum of 1.25 cfm of diffused air per 1,000 gallons of flow equalization volume;

(d) Sufficient volume to dampen the diurnal flow variations.

(2) If no site specific information nor similar flow pattern is available, the flow equalization basin volume shall be based on the following formula:

Where:

V is the required volume for the flow equalization basin;

t is the number of hours flow is generated; and

Q is the volume of flow anticipated to be received at the WWTP during a twenty-four (24) hour period.

(3) Flow equalization basins with earth embankments shall be constructed with a slope no steeper than 1:3 (one to three) unless a steeper slope is supported by geotechnical and slope stability studies.

(4) For flow equalization basins constructed in material other than earth, the applicant shall indicate how the basin will be properly sealed.

Section 18. Requirements for Wastewater Treatment Lagoons. (1) BOD loading shall be less than thirty-five (35) pounds per day per acre of lagoon surface for nonaerated primary lagoon systems, fifty (50) pounds per day per acre of lagoon surface for nonaerated polishing lagoons, and 150 pounds per day per acre of lagoon surface for aerated lagoons.

(2) The lagoon design submittal shall provide details on the aeration system proposed including the type, location, and capacity of the aeration units; the operating depth; the area of the lagoon at the operating depth; permeability and thickness of the lagoon liner; anticipated ultimate wastewater flow; and influent wastewater characteristics. New lagoon systems shall be designed to treat a raw wastewater BOD of at least 240 mg/l. The lagoon design shall be evaluated by the method discussed in "Ten States' Standards", incorporated by reference in Section 29 of this administrative regulation, and the predicted BOD remaining shall be less than the required effluent concentration.

(3) Lagoons shall be at least 200 feet from any present or future residence.

(4) Nonaerated primary lagoons shall have a minimum detention time of ninety (90) days.

(5) The "Ten States' Standards" requirement for vegetation to be established prior to filling the lagoon shall not apply.

(6) The cabinet may approve a lagoon with an embankment slope steeper than 1:3 (one to three) if supported by geotechnical and slope stability studies.

(7) The applicant shall indicate how basins constructed in material other than earth will be properly sealed.

Section 19. Additional Requirements for WWTPs Which Serve Schools. In addition to the requirements of Sections 10 to 18 of this administrative regulation, the following requirements shall apply to WWTPs which serve schools:

(1) If a flow equalization basin is provided it shall meet the requirements of Section 17 of this administrative regulation.

(2) The aeration tank shall have at least ten (10) gallons of capacity per day per student for elementary and middle schools, or at least twenty (20) gallons of capacity per day per student for high schools.

(3) The secondary clarifier shall be sized to provide a maximum surface loading, at the average design flow, of 300 GPD per square foot of clarifier surface area. If no flow equalization basin is provided, the secondary clarifier shall be sized to provide a maximum surface loading of 100 GPD per square foot at average daily design flow.

Section 20. Additional Requirements for WWTPs Which Serve Multifamily Residential Developments. In addition to the requirements of Sections 10 to 18 of this administrative regulation, the following requirements apply to WWTPs which serve multifamily residential developments. Multifamily residential developments including subdivisions, condominiums, apartments, and mobile home parks shall provide one (1) or more of the following measures for additional reliability:

(1) Blowers and motors shall be installed sufficient to handle the load if the largest unit is not available for service;

(2) An alternate source of power; or

(3) Additional treatment units or processes.

Section 21. Additional Requirements for WWTPs Which Propose Effluent Disposal by Spray Irrigation. In addition to the requirements of Sections 10 to 18 of this administrative regulation, the following requirements apply to WWTPs which propose effluent disposal by spray irrigation.

(1) One (1) acre of spray field shall be provided for each 1,000 GPD of treated wastewater. Higher application rates may be approved if justified by a detailed design based on site specific information.

(2) The spray field shall have less than a six (6) percent slope, have moderate to high soil permeability, and have sufficient vegetative growth to promote absorption, evaporation, and transpiration.

(3) A WWTP capable of meeting secondary treatment which meets the requirements of 401 KAR 5:045 and disinfection shall be provided prior to irrigation.

(4) A twenty (20) foot buffer zone shall be provided between the outer boundary of the spray field and the property boundary or the applicant shall provide screening to inhibit the transport of aerosols and windborne spray across property boundaries.

(5) A spray irrigation field for an individual residence shall have:

(a) At least three (3) sprinkler heads;

(b) A spray area larger than 0.19 acre; and

(d) The spray irrigation field shall be located at least 200 feet from the nearest dwelling.

(e) Effluent from the spray irrigation field shall be contained on the owner's property.

Section 22. Requirements for WWTPs which Serve an Individual Residence. (1) Wastewater plants intended to serve an individual residence and eligible for a general KPDES permit under 401 KAR 5:055 shall have the following treatment processes: extended aeration WWTP, filtration, and disinfection. The WWTP shall be capable of meeting secondary treatment requirements of 401 KAR 5:045 without additional treatment units.

(2) A minimum lot size of one (1) acre shall be provided for WWTPs located within a residential subdivision.

(3) WWTP serving an individual residence and proposing effluent disposal by spray irrigation shall also comply with Section 21 of this administrative regulation.

Section 23. Additional Requirements for WWTPs which Serve Car Washes or Laundries. In addition to the requirements of Sections 10 to 18 of this administrative regulation, WWTPs which serve commercial or fleet car washes, commercial laundries, or laundries serving commercial or institutional establishments, shall have an average daily flow which is at least five (5) times greater than the anticipated flow of the car wash, commercial laundry, or laundry serving a commercial or institutional establishment.

Section 24. The Construction Permit. (1) A permit to construct a facility shall be effective upon issuance unless otherwise conditioned. Construction shall be completed within twelve (12) months unless additional time is requested. If construction is not commenced within the twelve (12) months following a permit's issuance, a new permit shall be obtained before construction may begin. The cabinet may allow a single twelve (12) month extension to begin construction if site conditions have not changed.

(2) The permittee shall submit the certification from the engineer that the facility was constructed in conformity with the plans and specifications approved by the cabinet in accordance with this administrative regulation within thirty (30) days from the completion of construction. The permittee may submit the certification for projects not designed by an engineer. Failure to comply with this subsection may result in the denial of sewer line extensions to the incomplete facility.

(3) The permit is issued to the applicant and the permittee shall remain the responsible party for compliance with all applicable statutes and administrative regulations until a notarized applicable change in ownership certification, incorporated by reference in Section 29 of this administrative regulation, is submitted and the transfer of ownership is acknowledged by the cabinet.

(4) Permit conditions.

(a) Permits may contain special conditions that in the best professional judgment of the cabinet are necessary to comply with KRS Chapter 224 and administrative regulations promulgated pursuant thereto. The conditions shall be in writing and treated as a part of the permit.

(b) The following conditions shall apply to all construction permits:

1. There shall be no deviations from the plans and specifications submitted with the application or the conditions specified in this subsection, unless authorized in writing by the cabinet.

2. The permittee shall ensure that the effluent is of satisfactory quality to prevent violations of the standards in 401 KAR Chapter 5.

3. When the construction of the system is completed, the owner shall submit a written certification to the cabinet that the facility has been constructed and tested in accordance with the approved plans and approval conditions. Failure to certify may result in penalty assessments or future approvals being withheld.

(c) The following conditions shall also apply to construction permits issued to WWTPs which discharge to waters of the Commonwealth:

1. If violations of the standards of 401 KAR Chapter 5 result from the discharge of the treated effluent, the owner shall provide additional treatment or an extension of the effluent line;

2. If a sewer system served by a regional facility becomes available, the WWTP shall be abandoned and the influent flow shall be diverted to the regional facility;

3. Issuance of this permit does not relieve the permittee from the responsibility of obtaining any other permits or licenses required by this cabinet and other state, federal, and local agencies.

(5) The construction permit for agricultural wastes handling systems may be used as an interim operational permit until the operational permit is issued or denied.

(6) The issuance of a permit by the cabinet shall not convey any property rights of any kind or any exclusive privilege.

Section 25. Kentucky No Discharge Operational Permits (KNDOPs). (1) Applicability. These permits are issued to facilities which do not discharge to waters of the Commonwealth, including agricultural wastes handling systems and facilities which dispose of their effluent by spray irrigation. If the permit is issued to the applicant, the permittee shall remain the responsible party for compliance with all applicable statutes and administrative regulations until a notarized applicable change in ownership certification, incorporated by reference in Section 29 of this administrative regulation, is submitted and the transfer of ownership is acknowledged by the cabinet.

(2) Permit conditions. Permits may contain special conditions that in the best professional judgment of the cabinet are necessary to comply with KRS Chapter 224 and administrative regulations promulgated pursuant thereto. The conditions shall be in writing and shall be treated as part of the permit. The following conditions shall apply to all KNDOPs.

(a) There shall be no point source discharge of wastewater from the facility.

(b) The permit authorizes operation only of the WWTP described in the permit in the manner and under the conditions described in the permit application and supporting documents as approved by the cabinet in the permit.

(c) The permit shall not be construed as authorizing any operation which is otherwise in contravention of any statute, administrative regulation, ordinance, or order of any governmental unit. The permit shall not be construed to authorize the creation or maintenance of a nuisance.

(d) The permit shall be subject to revocation or modification by the cabinet as set forth in KRS Chapter 224. Commencement of a routine point source discharge shall result in a permit revocation.

(e) Any permit shall be issued under the provisions of KRS Chapter 224 and administrative regulations promulgated pursuant thereto. Issuance of the permit shall not relieve the permittee from the responsibility of obtaining any other permits or licenses required by the cabinet and other state, federal, and local agencies.

(f) If applicable, the waste materials removed from the settling basin shall be disposed of according to the requirements of the Division of Waste Management in 401 KAR Chapters 30 through 49.

(g) Land application which results in runoff to a stream is prohibited.

Section 26. Kentucky Intermunicipal Operational Permits (KIMOPs). These permits are issued to publicly owned sewer systems which discharge to a WWTP or a sewer system which is owned by another person. These permits shall not apply to sewer systems with less than 5,000 linear feet of sewer line. The permit is issued to the applicant and the permittee shall remain the responsible party for compliance with all applicable statutes and administrative regulations until a notarized applicable change in ownership certification, incorporated by reference in Section 29 of this administrative regulation, is submitted and the transfer of ownership is acknowledged by the cabinet. Permits may contain special conditions that in the best professional judgment of the cabinet are necessary to comply with KRS Chapter 224 and administrative regulations promulgated pursuant thereto. The conditions shall be in writing and shall be treated as a part of the permit.

Section 27. Operational Permits. Operational permits required in Sections 25 and 26 of this administrative regulation shall be valid for five (5) years from the date of issuance, and shall be renewed to maintain continuous operation.

(1) The cabinet's permit may specify the type of monitoring or analysis required for a facility and the frequency that the monitoring or analysis shall be performed and reported to the cabinet.

(2) The facility, including backup or auxiliary components, shall be operated and maintained to ensure compliance with permit requirements and this administrative regulation.

(3) The issuance of a permit by the cabinet shall not convey any property rights of any kind or any exclusive privilege.

Section 28. Alternative Requirements. The cabinet may approve alternative requirements to the provisions of Sections 7 to 23 of this administrative regulation based on the cabinet's best professional judgment that the alternative measure provides sufficient treatment. The applicant shall demonstrate that any alternatives requested by the applicant provide sufficient treatment.

Section 29. Documents Incorporated by Reference. (1) The following material is incorporated by reference:

(a) "Recommended Standards for Wastewater Facilities", "1990 Edition", Great Lakes-Upper Mississippi River Board of State Public Health and Environmental Managers. This document is also known as the "Ten States' Standards";

(b) "Water Policy Memorandum No. 84-02, Five Mile Limit Policy, signed by T. Michael Taimi, August 28, 1984", Facilities Construction Branch;

(d) "Construction Permit Application for Sewer Line Extension, DEP 7071-S (9/96)", Facilities Construction Branch;

(e) "Change in Ownership Certification for Sewer Line Extensions, DEP 7071-CO (9/96)", Facilities Construction Branch;

(f) "Change in Ownership Certification, DEP 7032-CO (9/96)";

(g) "No Discharge Certification, DEP 7032-NDC (9/96)";

(h) "Kentucky No Discharge Operational Permit Application, DEP 7032-ND (9/96)";

(i) "Kentucky No Discharge Operational Permit Application for Agricultural Wastes Handling Systems, Short Form B, DEP 7032-B-ND (9/96)";

(j) "Site Survey Request, Kentucky No Discharge Operational Permit for Agricultural Wastes Handling System, DEP 7032-Ag-Site (9/96)"; and

(k) "Kentucky Intermunicipal Operational Permit Application, DEP 7103 (9/96)".

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Water, 14 Reilly Road, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. (1 Ky.R. 760; Am. 1381; eff. 7-2-75; 12 Ky R. 504; eff. 12-10-85; 15 Ky.R. 282; 1005; 1257; eff. 10-26-88; 16 Ky.R. 599; 1191; eff. 1-9-90; 23 Ky.R. 1633; 2766; eff. 5-14-97; 30 Ky. R. 1333; 1781; 2135; eff. 4-12-2004; TAm eff. 8-9-2007.)