401 KAR 8:020. Public and semipublic water supplies

401 KAR 8:020. Public and semipublic water supplies - general provisions.

RELATES TO: KRS 223.160-223.220, 224.10-100, 224.10-110, 40 C.F.R. 141.3, 141.31, 141.70, 141.72(b), 141.74, 141.75, 142.14, 142.15

STATUTORY AUTHORITY: KRS 223.200, 224.10-100(30), 224.10-110, 40 C.F.R. 141.3, 141.31, 141.70, 141.72(b), 141.74, 141.75, 142.14, 142.15, 42 U.S.C. 300f, 300g, 300h, 300j

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(30) and 224.10-110 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. Applicability. (1) Inclusions. A public or semipublic water system shall be subject to the requirements of 401 KAR Chapter 8, except those noted in subsection (2) of this section.

(2) Exclusions. This chapter shall not apply to water systems in the following two (2) categories:

(a) Water systems that:

1. Consist of only distribution facilities and storage facilities;

2. Do not have collection or treatment facilities;

3. Obtain all water from, but are not owned or operated by, public water systems subject to 401 KAR Chapter 8; and

4. Do not sell water to any person; or

(b) Water systems which are carriers which convey passengers in interstate commerce.

Section 2. Operation, Maintenance, and Safety Requirements. (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. 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 as set forth in 401 KAR 8:060 from those standards with which they do not comply.

(2) Cross-connections prohibited. All cross-connections shall be prohibited. The use of automatic devices, such as reduced pressure zone back flow preventers and vacuum breakers, may be approved by the cabinet in lieu of proper air gap separation. A combination of air gap separation and automatic devices shall be required if determined by the cabinet to be necessary due to the degree of hazard to public health. Every public water system shall determine if or where cross-connections exist and shall immediately eliminate them.

(3) Bypasses. 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 which shall exist for its use.

(4) Auxiliary intakes. 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 conditions which necessitate the intake.

(5) Water and sewer connections. The sewer system serving the purification plant and auxiliary facilities, including all plumbing fixtures, toilets, showers, drinking fountains, and floor drains, shall discharge to the sewer system where available. If no such sewer is available, the connection shall be made to an approved sewage disposal facility. There shall be no connections between the sewer system and a filter backwash, filter-to-waste drains or clearwell overflow lines, unless an approved air gap is provided between these drains and overflow lines and the approved 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 lines.

(6) Proper operation and maintenance. The owner or operator of a public water system shall properly operate and maintain all facilities and systems of treatment, intake and distribution to achieve compliance with the provisions of 401 KAR Chapter 8. Proper operation and maintenance includes effective performance, preventive maintenance, adequate operator staffing and training, adequate representative sample points, and adequate process controls for testing, including appropriate quality assurance procedures.

(7) Reports to the cabinet.

(a) Monthly operating reports. The supplier of water shall file complete monthly operating reports with the cabinet. The reports shall be provided to the cabinet and shall be received at the Division of Water, Drinking Water Branch, 14 Reilly Road, Frankfort, Kentucky 40601, no later than ten (10) days after the end of the month for which the report is filed. Completed reports shall include volume of water treated, type and amount of chemicals added, and test results appropriate to be reported by the plant. Completed reports shall include the dated original signature, or equivalent, pursuant to KRS Chapter 369, of the owner or authorized agent. The supplier of water shall submit the following reports to the cabinet no later than ten (10) days after the end of each month the public water system serves water to the public:

1. Turbidity measurements with maximum contaminant levels and monitoring in accordance with 401 KAR 8:150 or 401 KAR 8:160. The supplier of water shall include the following turbidity information in the monthly operating report:

a. The total number of filtered water turbidity measurements taken during the month;

b. The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits specified in 401 KAR 8:150, Section 2, or 401 KAR 8:160 for the filtration technology being used; and

c. The date and value of any turbidity measurements taken during the month which exceed five (5) NTU or, for a system that serves a population of greater than 10,000, one (1) NTU.

2. Disinfection information specified in 401 KAR 8:150, Section 3(2)(b). The supplier of water shall include the following disinfection information in the monthly operating report:

a. For each day, the lowest measurement of residual disinfectant concentration in mg/l in water entering the distribution system;

b. The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below the residual requirements as specified in 401 KAR 8:150, Section 1(1), and when the cabinet was notified of the occurrence; and

c. The following information on the samples taken in the distribution system in conjunction with total coliform monitoring pursuant to 401 KAR 8:150, Sections 1 and 3(2)(c):

(i) Number of instances where the residual disinfectant concentration is measured;

(ii) Number of instances where the residual disinfectant concentration is not measured but heterotrophic bacteria plate count, or HPC, is measured;

(iii) Number of instances where the residual disinfectant concentration is measured but does not measure at least two-tenths (0.2) milligrams per liter or ppm or the equivalent and no HPC is measured;

(iv) Number of instances where residual disinfectant concentration is less than two-tenths (0.2) milligrams per liter and where HPC is greater than 500/ml;

(v) Number of instances where the residual disinfectant concentration is not measured and HPC is greater than 500/ml;

(vi) For the current and previous month the system serves water to the public the value of "V" in the following formula:

where

a = the value in subclause (i) of this clause

b = the value in subclause (ii) of this clause

c = the value in subclause (iii) of this clause

d = the value in subclause (iv) of this clause

e = the value in subclause (v) of this clause; or

(vii) If the cabinet determines, based on site-specific considerations, that a system has no means for having a sample transported and analyzed for HPC by a certified laboratory within the requisite time and temperature conditions specified by 401 KAR 8:150, Section 3(1)(c), and that the system is providing adequate disinfection in the distribution system, the requirements of paragraph (a)2c(i) through (vi) of this subsection shall not apply.

d. A system need not report the data listed in clause a of this subparagraph if all data listed in clauses a through c of this subparagraph remain on file at the system and the cabinet determines that the system has submitted all the information required by clauses a through c of this subparagraph for at least twelve (12) months.

3. Each system, upon discovering that a waterborne disease outbreak potentially attributable to that water system has occurred, shall report that occurrence to the cabinet in accordance with paragraph (c) of this subsection. If the turbidity exceeds five (5) or one (1) NTU, as applicable to the system, the system shall inform the cabinet as soon as possible in accordance with paragraph (c) of this subsection. If the residual falls below the requirements specified in 401 KAR 8:150, Section 1(1), in the water entering the distribution system, the system shall notify the cabinet as soon as possible in accordance with paragraph (c) of this subsection. The system also shall notify the cabinet by the end of the next business day whether or not the residual was restored to the residual required by 401 KAR 8:150, Section 1(1), within four (4) hours.

(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 any provision of 401 KAR Chapter 8, including the failure to comply with monitoring requirements.

(c) Emergency reports. If a public water system experiences a line break or loss of pressure as described 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 Drinking Water Branch of the Division of Water in Frankfort at (502) 564-3410 or the appropriate regional field office of the Division of Water. 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, (502) 564-2380.

(8) Records to be maintained. Owners or operators of a public water or semipublic water system shall keep on or near the premises the records set forth in this subsection.

(a) Data summaries. Either actual laboratory reports shall be kept or data shall be transferred to tabular summaries. The following information shall be included:

1. The date, place and time of sampling, and the name of the person who collected the sample;

2. Whether the sample was a routine distribution system sample, check sample, raw or processed water sample, or other special purpose sample;

3. The date of analysis;

4. The laboratory and person responsible for performing analysis;

5. The analytical technique or method used; and

6. The results of the analysis.

(b) Bacteriological analysis records shall be kept at least five (5) years.

(d) Turbidity analysis records shall be kept at least one (1) year and individual filter turbidity data shall be kept at least three (3) years, pursuant to 401 KAR 8:160.

(e) Records of violations and the actions taken by the system to correct violation of primary drinking water regulations shall be kept at least ten (10) years after the last action taken with respect to the particular violation involved.

(f) Records of sanitary surveys, copies of written reports, summaries of communications relating to sanitary surveys of the system, conducted by the system, a private consultant, or a local, state or federal agency, shall be kept at least ten (10) years after completion of the sanitary survey involved. They may be then transferred to the cabinet.

(g) Records concerning a variance or exemption granted to the system shall be kept at least five (5) years following the expiration of the variance or exemption.

(9) Boil water and consumer advisories.

(a) Boil water advisories.

1. A public water system or semipublic water system may issue boil water advisories if the system believes an advisory is warranted.

2. The cabinet may direct that a boil water advisory be issued when:

a. Confirmed positive bacteriological results are received, including E. coli or fecal coliform in at least one (1) sample; or

b. Other circumstances exist that warrant an advisory for the protection of public health.

3. The cabinet may, when it determines 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. Boil water advisories shall remain in effect until the cabinet approves the lifting of the advisory.

(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 that should be taken.

1. Immediately notify the local health department that serves the area affected when a boil water advisory or consumer advisory is issued. The notification may be made by telephone or fax machine for an occurrence during normal business hours. 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 when the system issues a boil water advisory or consumer advisory. The protocol shall address for which types of advisories the system shall notify the affected health department; what procedures shall be used to notify; and under what circumstances, how soon after the occurrence, and to whom the notification shall be made, during and after business hours. The public or semipublic water system shall comply with the agreed-upon protocol.

(10) How to issue advisory. Boil water advisories and consumer advisories shall be issued through newspapers, radio, television, or other media having an immediate public impact. 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. 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. Boiling instructions shall caution to only boil drinking water for short range use by boiling water for at least three (3) minutes at a rolling boil.

(11) Other notices. Other public notifications shall be issued by a public water system as required by 401 KAR Chapter 8.

(12) Maps.

(a) A public or semipublic water system shall have on the premises, or conveniently located to the premises, 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) If a public water system, due to age, improper documentation, lost documentation or other valid reason is not able to comply with this requirement, the system may petition the cabinet to modify this requirement to the extent that compliance is not feasible. The petition for modification shall state specifically what portion of this requirement is not practical and why.

(13) 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, no 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 this requirement. 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.

(14) 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. Flushing shall start at the hydrants nearest the source of supply and proceed in an outward direction to the end of each main. Flushing shall continue at each hydrant until all traces of turbidity and color are gone. 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.

(15) No person shall introduce a substance which may have a deleterious physiological effect, or for which physiological effects may not be known, to the water supply system.

(16) 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 401 KAR 8:510, Section 5 may be performed by a person approved by the cabinet.

(17) 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 which the cabinet has the authority to enforce. 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. 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.

(18) Recommended practices for water supply reservoirs to be used for drinking water. The following practices may be employed by water systems which 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) An area at least 100 feet wide from the upper pool elevation shall be kept clear of all sources of potential contamination such as septic tanks, drain fields, livestock, and barns;

(d) Effluent from sewage treatment plants shall not be discharged into the lake;

(e) Picnicking may be permitted around the lake if plans for the development of any picnic area meet regulatory requirements of the cabinet; and

(f) A nonpoint source pollution control plan shall be implemented.

(19) Water treatment chemicals and system components. Chemical additives and protective materials, such as paints and linings, used by a water system shall be acceptable to the cabinet for use in contact with potable water.

(20) 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 which will not violate 401 KAR 5:031.

(21) 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 & Environmental Managers' "Recommended Standards for Water Works," incorporated by reference in Section 5(1) of this administrative regulation.

Section 3. Records and Reports Maintained by the Cabinet. The cabinet shall maintain and report records and reports as governed by 40 C.F.R. 142.14 and 142.15, adopted without change in Section 4 of this administrative regulation.

Section 4. Federal Regulations Adopted Without Change. (1) 40 C.F.R. 142.14, 142.15, July 2003.

(2) The subject matter of this administrative regulation relating to the records and reports required to be maintained by the cabinet shall be governed by those federal regulations.

Section 5. 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. It is published by the Health Research Inc., Health Education Services Division, P.O. Box 7126, Albany, New York 12224.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Division of Water, Drinking Water Branch, 14 Reilly Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or through www.water.ky.gov/dw. (17 Ky.R. 588; Am. 1425; eff. 11-15-90; 18 Ky.R. 1170; 1845; eff. 11-26-91; 20 Ky.R. 3015; 21 Ky.R. 313; eff. 8-24-94; 27 Ky.R. 1552; 2511; 2732; eff. 4-9-2001; 31 Ky.R. 154; 740; 1090; eff. 1-4-05.)