401 KAR 8:600. Secondary standards.

 

      RELATES TO: KRS Chapter 224, 40 C.F.R. Part 143 (1995)

      STATUTORY AUTHORITY: KRS 224.10-100, 224.10-110, 40 C.F.R. Part 143 (1995), 42 U.S.C. A 300f, 300g, 300j

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-110 directs the cabinet to enforce the administrative regulations adopted by the secretary for the administrative regulation and control of the purification of water for public and semipublic use. The Safe Drinking Water Act, as amended by the Safe Drinking Water Act amendments of 1986, provides for primary enforcement responsibility by states that have adopted regulations "no less stringent than the national primary drinking water regulations", as well as meeting other criteria stipulated by the Act. The Commonwealth of Kentucky has accepted and is currently exercising primary enforcement responsibility. This administrative regulation provides maximum contaminant levels, and requirements for the sampling and testing for contaminants which do not have a direct impact on the health of consumers, but may discourage the utilization of drinking water or discredit the supplies. Provisions for these contaminants are referred to as "secondary standards". This administrative regulation conforms to, and is no more stringent than, federal regulations.

 

      Section 1. Secondary Contaminants. (1) Applicability. All suppliers of water for public and semipublic drinking water systems shall sample for secondary contaminants at the direction of the cabinet.

      (2) New sources of water. An analysis for these contaminants shall be performed when a new source of water supply is proposed to the cabinet for preliminary approval pursuant to 401 KAR 8:100. Excessive amounts of these contaminants or excessive costs of their removal may be grounds for rejection of the proposed source of water.

      (3) Existing sources of water. Existing producers of water shall sample for, and make analysis for, the secondary contaminants listed in this section, at the frequency prescribed by the cabinet. Treatment shall be adequate to assure that the secondary contaminant level does not exceed the maximum level limits set forth in this administrative regulation.

      (4) Sampling point. Samples may be taken from a free-flowing tap in the distribution system, except that hydrogen sulfide (H₂S) shall be measured at the entry point to the distribution system.

      (5) Secondary contaminant maximum levels. The following lists the maximum allowable levels of secondary contaminants:

CONTAMINANT	LEVEL
Aluminum	0.05 TO 0.2 MG/L
Chloride	250 mg/l
Color	15 color units
Copper	1.0 mg/l
Corrosivity	Noncorrosive
Fluoride	2.0 mg/l
Foaming agents	0.5 mg/l
Iron	0.3 mg/l
Manganese	0.05 mg/l
Odor	3 threshold odor number
pH	6.5-8.5
Silver	0.1 mg/l
Sulfate	250 mg/l
Total dissolved solids (TDS)	500 mg/l
Zinc	5 mg/l

      (6) Sample collection and measurement technique. Samples shall be taken and analyzed in accordance with 40 CFR 141.23(k) and 143.4, in effect on July 1, 1995, hereby adopted without change.

      (7) Secondary contaminants maximum limits exceeded. If any of the secondary contaminant maximum allowable levels limit as set forth in this administrative regulation, is exceeded by a supplier of water, the cabinet may direct that supplier to modify the treatment procedure or to locate a more suitable source of water.

      (8) Public water systems which exceed secondary maximum contaminant levels for fluoride, but do not exceed the primary maximum contaminant level as stipulated in 401 KAR 8:250, shall notify the public pursuant to 401 KAR 8:070, except the notice required for all billing units shall be annual, the notice to all new billing units shall be at the time service begins, and the state public health officer shall be notified. (17 Ky.R. 641; eff. 11-15-90; Am. 20 Ky.R. 3091; eff. 7-27-94; 23 Ky.R. 2612; eff. 5-14-97.)