401 KAR 8:022. Sanitary surveys.

      RELATES TO: KRS 224.10-100, 224.10-110, 40 C.F.R. 142.10(b)(2), 142.16(b)

      STATUTORY AUTHORITY: KRS 224.10-100, 224.10-110, 40 C.F.R. 142.10(b)(2), 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 requirements of a systematic program for conducting sanitary surveys by the cabinet and requirements on the public water system subject to a sanitary survey.

      Section 1. Applicability. (1)(a) The cabinet shall conduct a sanitary survey of a public water system that uses as its source surface water or groundwater under the direct influence of surface water and prepare a report of the sanitary survey, according to the requirements of this administrative regulation.

      (b) The sanitary survey and report of the survey shall be consistent with the guidelines of "Guidance Manual for Conducting Sanitary Surveys of Public Water Systems; Surface Water and Ground Water Under the Direct Influence (GWUDI)", incorporated by reference in Section 5 of this administrative regulation.

      (c) The priority for conducting the surveys shall be given to public water systems that are not in compliance with 401 KAR Chapter 8 and according to the frequency in Section 3 of this administrative regulation.

      (2) A public water system that receives a sanitary survey report prepared by the cabinet shall comply with the requirements of this administrative regulation.

      Section 2. Sanitary Survey Contents. (1) The survey shall contain an evaluation of the adequacy of the system, its sources and operations, and the distribution of safe drinking water. The survey shall include an on-site review of a public water system’s:

      (a) Water source, identifying sources of contamination using results of a source water assessment if available;

      (b) Facilities;

      (c) Equipment;

      (d) Operation;

      (e) Maintenance; and

      (f) Monitoring compliance.

      (2) The sanitary survey and the resultant report shall address the following components:

      (a) Source;

      (b) Treatment;

      (c) Distribution system;

      (d) Finished water storage;

      (e) Pumps, pump facilities, and controls;

      (f) Monitoring, reporting, and data verification including a disinfection profile, if the system is required to have a disinfection profile pursuant to 401 KAR 8:160;

      (g) System management and operation; and

      (h) Operator certification compliance with requirements of 401 KAR 8:030.

      Section 3. Frequency. (1) Except as provided by subsection (2) of this section, the cabinet shall conduct a sanitary survey and prepare a report on the survey at the following frequencies:

      (a) Community water system that uses as its source surface water or groundwater under the direct influence of surface water: no less frequently than every three (3) years.

      (b) Noncommunity water system that uses as its source surface water or groundwater under the direct influence of surface water: no less frequently than every five (5) years.

      (2) A community water system may be determined by the cabinet to have outstanding performance based on previous sanitary surveys. Systems judged to have outstanding performance may have sanitary surveys performed by the cabinet after no more than five (5) years.

      Section 4. System Requirements. (1) If the cabinet identifies a significant deficiency of a public water system in a sanitary survey report, the public water system shall:

      (a) Correct or otherwise address the significant deficiency within forty-five (45) days of receiving the report or within a time frame otherwise set by the cabinet; and

      (b) Submit to the cabinet within forty-five (45) days of receipt of the report an approvable written plan that describes how and on what schedule the significant deficiency shall be corrected or otherwise addressed. If the cabinet approves the plan, the system shall implement the provisions of the approved plan to the extent it is able to correct the significant deficiency.

      (2) If the cabinet identifies a deficiency of a public water system in a sanitary survey report that is not significant, the public water system shall correct or otherwise address the deficiency.

      (3) A deficiency shall be a significant deficiency if:

      (a) It is part of a recurring pattern of noncompliance with the administrative regulations in 401 KAR Chapter 8;

      (b) It poses a potential threat to public health or safety; or

      (c) The system fails to implement the items identified in a compliance correction program.

      Section 5. Incorporation by Reference. (1) "Guidance Manual for Conducting Sanitary Surveys of Public Water Systems; Surface Water and Ground Water Under the Direct Influence (GWUDI), EPA 815-R-99-016, 1999" is incorporated by reference. The document is published by the U.S. Environmental Protection Agency, Office of Water, Washington, D.C. and is available by calling the Safe Drinking Water Hotline at 1-800-426-4791.

      (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. (28 Ky.R. 1272; Am. 1887; 2018; eff. 3-18-2002.)