401 KAR 8:150. Disinfection, filtration, and recycling.

401 KAR 8:150. Disinfection, filtration, and recycling.

RELATES TO: KRS 224.10-100, 224.10-110, 40 C.F.R. 141.70-141.76, 142.16

STATUTORY AUTHORITY: KRS 224.10-100(30), 224.10-110(2), 40 C.F.R. 141.70-141.76, 142.16, 42 U.S.C. Chapter 6A Subchapter XII

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(30) and 224.10-110(2) authorize the Secretary of the Environmental and Public Protection Cabinet to promulgate administrative regulations for the regulation and control of the purification of water for public and semipublic use. This administrative regulation establishes requirements for the disinfection, filtration, recycling, and testing of drinking water in a public or semipublic water system using surface water or groundwater under the direct influence of surface water. This administrative regulation differs from the federal regulation by requiring filtration on all water supplies that have surface water sources and disinfection of water supplies whose source is groundwater. Filtration on all systems with surface water sources is necessary because those systems would not be able to meet the applicable standards without filtration. Groundwater disinfection is necessary due to the karstic nature of Kentucky’s geology and to protect against bacteria that could develop in water systems.

Section 1. Disinfection. A public and semipublic water system systems shall provide disinfection, except as provided in this section. A semipublic water system shall satisfy this requirement either by complying with the requirements of this section for public water systems or by meeting the requirements of Section 2(4) of this administrative regulation.

(1) A public water system using groundwater or surface water as a source.

(a) A public water system that uses chlorine shall:

1. Use continuous automatic disinfection by chlorination;

2. Provide a minimum free chlorine residual of two-tenths (0.2) milligrams per liter, or ppm, throughout the distribution system measured as described in subsection (2) of this section;

3. Provide a contact period of at least thirty (30) minutes between the chlorine and the water to allow adequate time for disinfection.

4. Check free chlorine residuals daily at representative points throughout the system; and

5. Report the free chlorine residuals monthly pursuant to 401 KAR 8:020, Section 2(7)(a).

(b)1. Disinfecting agents other than chlorine, such as chloramines and chlorine dioxide, may be acceptable pursuant to conditions in 40 C.F.R. 141.130(d), January 16, 2001.

2. If chloramination is used, a minimum combined residual of five-tenths (0.5) milligrams per liter, or ppm, shall be provided throughout the distribution system.

(2) A public water system using surface water as a source or groundwater under the direct influence of surface water shall provide disinfection treatment as follows:

(a) The disinfection treatment shall be sufficient to ensure that the total treatment processes of that system achieve at least 99.9 percent (3-log) inactivation or removal of Giardia lamblia cysts and at least 99.99 percent (4-log) inactivation or removal of viruses, in accordance with 40 C.F.R. 141 Subpart H, June 29, 1989, consistent with the "Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems using Surface Water Sources".

(b) The residual disinfectant concentration in the water entering the distribution system measured as specified in Section 3(1) of this administrative regulation shall not be less than required by subsection (1) of this section for more than four (4) hours.

(c)1. The residual disinfectant concentration in the distribution system measured as free chlorine, total chlorine, combined chlorine, or chlorine dioxide as specified in Section 3(1) of this administrative regulation shall not be less than two-tenths (0.2) milligrams per liter, or ppm, in more than five (5) percent of the samples each month, for two (2) consecutive months that the system serves water to the public.

2. Water in the distribution system with a heterotrophic bacteria concentration less than or equal to 500/ml, measured as heterotrophic plate count, or HPC, as specified in Section 3(1) of this administrative regulation, shall be deemed to have an adequate disinfectant residual for purposes of determining compliance with this requirement.

3. The value, "V", in the following formula shall not exceed five (5) percent in one (1) month for two (2) consecutive months.

where:

a = number of instances that the residual disinfectant concentration is measured;

b = number of instances that the residual disinfectant concentration is not measured but heterotrophic bacteria plate count, or HPC, is measured;

c = number of instances that 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 HPC is not measured;

d = number of instances that residual disinfectant concentration is below two-tenths (0.2) milligrams per liter, and where the HPC is greater than 500/ml; and

e = number of instances that the residual disinfectant concentration is not measured, and HPC is greater than 500/ml.

(d) If a system has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions specified in Section 3(1) of this administrative regulation, and the system is providing adequate disinfection in the distribution system as required by 40 C.F.R. 141.72(b)(3)(ii), June 29, 2004, the requirements of paragraph (c) of this subsection shall not apply.

(e) If a disinfection residual fails to comply with Section 1(1) of this administrative regulation, the public shall be notified in accordance with 401 KAR 8:020, Section 2(9).

(3) Variances or exemptions shall not be granted for subsection (2) of this section.

(4) In addition to the requirements of this administrative regulation, a public water system that serves fewer than 10,000 people shall comply with the requirements in 401 KAR 8:162.

Section 2. Filtration. A public water system using a surface water source, a ground water system with wells with variable or high turbidity due to characteristics of the raw water that may cause an adverse health effect, and a groundwater system under the direct influence of surface water shall establish a filtration system. The design for the system shall be submitted to the cabinet in accordance with 401 KAR 8:100 and shall comply with this section:

(1) Slow sand filtration.

(a) If a public water system uses slow sand filtration, the turbidity level of representative samples of the system's filtered water shall be less than or equal to one (1) NTU in at least ninety-five (95) percent of the measurements taken each month measured as specified in Section 3(1) of this administrative regulation, except that if the cabinet determines there is no significant interference with disinfection at a higher turbidity level, the cabinet may substitute this higher turbidity limit for that system. Conditions constituting significant interference and conditions if higher turbidity limits are substituted shall be as established in 40 C.F.R. 141.71 and 141.73(b), June 29, 2004.

(b) The turbidity level of representative samples of a system's filtered water shall not exceed five (5) NTU measured as specified in Section 3(1) of this administrative regulation.

(2) Diatomaceous earth filtration.

(a) If a public water system uses diatomaceous earth filtration, the turbidity level of representative samples of the system's filtered water shall be less than or equal to one (1) NTU in at least ninety-five (95) percent of the measurements taken each month measured as specified in Section 3(1) of this administrative regulation.

(b) The turbidity level of representative samples of a system's filtered water shall not exceed five (5) NTU measured as specified in Section 3(1) of this administrative regulation.

(3) Other filtration technologies. A public water system may use a filtration technology not listed in subsection (1) or (2) of this section if demonstrated in accordance with 40 C.F.R. 141.73(d), June 29, 2004, using pilot plant studies or other means described in 40 C.F.R. 141.73(d), June 29, 2004, that the alternative filtration technology, in combination with disinfection treatment that meets the requirements of this administrative regulation, consistently achieves ninety-nine and nine-tenths (99.9) percent (3-log) removal or inactivation of Giardia lamblia cysts and 99.99 percent (4-log) removal or inactivation of viruses. If a system makes this demonstration, the requirements of subsection (1) of this section shall apply.

(4)(a) A semipublic water system may enter into a protocol with the cabinet whereby the filtration and disinfection requirements of this administrative regulation are achieved using filtration technology, disinfection technology, or a combination of both, if the technology will achieve a ninety-nine and nine-tenths (99.9) percent (3-log) removal or inactivation of Giardia lamblia cysts and 99.99 percent (4-log) removal or inactivation of viruses.

(b) The protocol shall contain a schedule for maintenance and testing of the filtration and disinfection equipment to assure that the requirements of this subsection are met.

(d) If surface water is a source of water, filtration shall be an element of the protocol.

(e) If groundwater is the only source of water, the semipublic and public water systems eligible under this subsection may enter into a protocol with the cabinet to demonstrate through a regular schedule of bacteriological testing that filtration or disinfection is not needed in accordance with the "Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures Quality Assurance".

Section 3. Analytical and Monitoring Requirements. (1) Analytical requirements. Analyses required by this administrative regulation shall be conducted in accordance with the requirements of 40 C.F.R. 141.74, June 29, 2004.

(2) Monitoring requirements. A public water system that uses a surface water source or a groundwater source under the influence of surface water shall monitor in accordance with paragraphs (a) and (b) of this subsection or if filtration is installed.

(a)1. Turbidity measurements shall be performed by a public water system on representative samples of the system's filtered water at least every four (4) hours that the system serves water to the public.

2. If a public water system substitutes continuous turbidity monitoring for grab sample monitoring, it shall validate the continuous measurement for accuracy on a regular basis using a protocol approved pursuant to 40 C.F.R. 141.74, June 29, 2004.

3. In addition, a system using continuous monitoring shall submit to the cabinet a schedule of times when the monitoring will be recorded.

4. The schedule shall reflect monitoring at least every four (4) hours the system serves water to the public.

5. If a system uses slow sand filtration or filtration treatment other than conventional treatment, direct filtration, or diatomaceous earth filtration, the cabinet may reduce the sampling frequency to once per day if it determines in writing that less frequent monitoring is sufficient to indicate effective filtration performance in accordance with 40 C.F.R. 141.74(c)(1), June 29.

6. If a system serves 500 or fewer persons, the cabinet may reduce the turbidity sampling frequency to once per day, regardless of the type of filtration treatment used, if the cabinet determines, in writing, that less frequent monitoring is sufficient to indicate effective filtration performance in accordance with 40 C.F.R. 141.74(c)(1), June 29, 2004.

(b)1. The residual disinfectant concentration of the water entering the distribution system shall be monitored by a public water system continuously, and the lowest value shall be recorded each day, except that if there is a failure in the continuous monitoring equipment, grab sampling every four (4) hours may be conducted in lieu of continuous monitoring, but for not more than five (5) working days following the failure of the equipment, and systems serving 3,300 or fewer persons may take grab samples in lieu of providing continuous monitoring on an ongoing basis at the frequencies each day prescribed below:

System Size by Population	Samples/Day
less than 500	1
501 to 1,000	2
1,001 to 2,500	3
2,501 to 3,300	4

2. The day's samples shall not be taken at the same time.

3. The sampling intervals shall be subject to cabinet review and approval in accordance with 40 C.F.R. 141.74(c)(2), June 29, 2004.

4. If the residual disinfectant concentration falls below the requirements of Section 1(1) of this administrative regulation in a system using grab sampling in lieu of continuous monitoring, the system shall take a grab sample every four (4) hours until the residual disinfectant concentration meets the requirements of Section 1(1) of this administrative regulation.

(c)1. The residual disinfectant concentration shall be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in 401 KAR 8:200, except that the cabinet may allow a public water system which uses both a surface water source, or a groundwater source under direct influence of surface water, and a groundwater source to take disinfectant residual samples at points other than the total coliform sampling points if the cabinet determines in writing that the points are more representative of treated, or disinfected, water quality within the distribution system. Criteria for determining sampling points representative of treated water quality in the distribution system shall be as established in 40 C.F.R. 141.74(c)(3)(i), June 29, 2004.

2. Heterotrophic bacteria, measured as heterotrophic plate count, or HPC as specified in subsection (1) of this section, may be measured in lieu of residual disinfectant concentration.

(d) If the cabinet determines in writing, based on site-specific considerations in accordance with 40 C.F.R. 141.74(c)(3)(ii), June 29, 2004, that a system has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions specified by subsection (1) of this section and that the system is providing adequate disinfection in the distribution system, the requirements of paragraph (c) of this subsection shall not apply to that system.

Section 4. Disinfection of New and Repaired Water Lines. (1) New construction projects and line extensions.

(a) Disinfection of water lines. A water distribution system, including storage distribution tanks, or all extensions to existing systems, shall be thoroughly disinfected before being placed in service.

(b) A water distribution system shall disinfect with chlorine or chlorine compounds in amounts as to produce a concentration of at least fifty (50) ppm and a residual of at least twenty-five (25) ppm at the end of twenty-four (24) hours, and the disinfection shall be followed by a thorough flushing.

(c) Other methods and testing procedures that provide an equivalent level of protection may be used if the cabinet grants prior written approval in accordance with 40 C.F.R. 141.21, November 8, 2006.

(d) A new water distribution line shall not be placed into service until bacteriological samples taken at the points specified in paragraph (f) of this subsection are examined and are shown to be negative following disinfection.

(e) A water distribution system shall submit to the cabinet results of bacteriological samples for each new construction project, replacement, or extension to existing systems, after the disinfection and flushing.

(f) A sample shall be taken in the newly-constructed line at each of the following points:

1. Within 1,200 feet downstream of each connection point between the existing and new lines;

2. One (1) mile intervals; and

3. Each dead end, without omitting any branch.

(g) A new or routine replacement line shall not be placed in service until negative laboratory results are obtained on the bacteriological analyses.

(h) Sample bottles shall be clearly identified as "special" construction tests, and the results submitted to the cabinet shall be clearly marked as "special" samples.

(i) Notification of analytical results shall be submitted to the cabinet with the routine monthly compliance bacteriological samples, unless the bacteriological samples are to be used to lift a boil water advisory. Samples used to lift a boil water advisory shall be submitted to the cabinet as soon as results are known.

(2) Line repairs due to breaks or ruptures.

(a) The system shall thoroughly flush the break area and maintain at least a minimum disinfectant residual, pursuant to Section 1(1) of this administrative regulation.

(b) The system may leave the line in service or return the line to service before receiving bacteriological results and may forego a boil water advisory if:

1. Pressure is maintained;

2. The break area is thoroughly flushed; and

3. At least the minimum disinfectant residual, pursuant to Section 1(1) of this administrative regulation is maintained.

(c)1. The system shall take at least two (2) bacteriological tests, one (1) located before, or just upstream of, the break or rupture, and one (1) located behind, or just downstream of, the break or rupture, as close to the break or rupture as practical pursuant to 40 C.F.R. 141.21, November 8, 2006, additional samples may be required, if necessary to be representative of the area affected by the break.

2. Sample bottles shall be clearly identified as "special" tests, and the results submitted to the cabinet shall be clearly marked as "special" samples

(d) Records of results shall be submitted to the cabinet with routine monthly compliance samples unless the samples are required to lift a boil water advisory, and shall be maintained for one (1) year. Samples needed to remove a boil water advisory shall be submitted to the cabinet as soon as the results are known.

(e) A water system shall notify the cabinet immediately if:

1. The pressure drops below twenty (20) pounds per square inch in the distribution system surrounding the break; or

2. A break or rupture occurs that requires more than eight (8) hours to repair, with the eight (8) hours beginning when the water system becomes aware of the break.

(f) Boil Water Advisories shall be issued in accordance with 401 KAR 8:020, Section 2(9).

(g) Reports pursuant to 401 KAR 8:020, Section 2(7)(c) shall not be required for a loss of pressure, break, or rupture occurring in service lines serving only one (1) single family residence.

(h)1. A community or nontransient noncommunity public water system shall maintain a log of all breaks or ruptures, which shall include the;

a. Date and location of the break or rupture;

b. Time it was discovered;

c. Population affected;

d. Length of time required to repair the break or rupture;

e. Date and time disinfectant residuals are detected; and

f. Date and time bacteriological samples are taken.

2. The log shall be available for inspection by the cabinet.

Section 5. Uncovered Facility. A public or semipublic water system subject to this administrative regulation shall not begin construction of an uncovered finished water storage facility.

Section 6. Recycling. (1) Applicability. A public water system shall comply with the requirements in subsections (2) through (4) of this section if the public water system:

(a) Uses as its source surface water or groundwater under the direct influence of surface water;

(b) Uses conventional filtration or direct filtration treatment; and

(2) Reporting. A system shall have notified the cabinet in writing by January 4, 2005 if the system recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes. The notification shall include at least the following information:

(a) A plant schematic that shows:

1. The origin of all flows that are recycled, including:

a. Spent filter backwash water;

b. Thickener supernatant; and

c. Liquids from dewatering processes;

2. The hydraulic conveyance used to recycle them; and

3. The location where they are reintroduced back into the treatment plant.

(b) Typical recycle flow, in gallons per minute, or gpm;

(d) Design flow for the treatment plant in gpm; and

(e) The operating capacity for the plant, if the cabinet has approved the operating capacity.

(3) Required treatment technique. A system that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these flows through the processes of a system’s existing conventional or direct filtration system or an alternative location.

(b) If capital improvements are required to modify the recycle location to comply with paragraph (a) of this subsection, the capital improvements shall be completed no later than June 8, 2006.

(4) Recordkeeping. The system shall collect and retain on file the following recycle flow information for review and evaluation by the cabinet beginning June 8, 2004:

(a) A copy of the recycle notification and information submitted to the cabinet as required by subsection (2) of this section;

(b) A list of all recycle flows and the frequency with which they are returned;

(c) The average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes;

(d) The typical filter run length and a written summary of how filter run length is determined;

(e) The type of treatment provided for the recycle flow;

(f) Data on the physical dimensions of the equalization or treatment unit;

(g) The typical and maximum hydraulic loading rates;

(h) The type of treatment chemicals used and average dose and frequency of use; and

(i) The frequency at which solids are removed, if applicable.

Section 7. Incorporation by Reference. (1) "Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources, October 1989", as published by the United States Environmental Protection Agency, Science and Technology Branch, Criteria and Standards Division, Office of Drinking Water, Washington, D.C. is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Division of Water, 14 Reilly Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or at www.water.ky.gov/dw.

(3) This material may also be obtained from the American Water Works Association, Management Services, 6666 West Quincy Avenue, Denver, Colorado 80235, phone (303) 794-7711. (17 Ky.R. 612; Am. 1439; 1717; eff. 11-15-90; 18 Ky.R. 1180; 1853; eff. 11-26-91; 20 Ky.R. 3041; 21 Ky.R. 318; eff. 8-24-94; 23 Ky.R. 2563; eff. 5-14-97; 27 Ky.R. 1568; 2755; eff. 4-9-2001; 31 Ky.R. 189; 775; 1121; eff. 1-4-05; 33 Ky.R. 1662; 3625; eff. 6-13-2007.)