401 KAR 5:002 - Definitions for 401 KAR Chapter 5
RELATES TO: KRS 224.1-010, 224.1-070, 224.1-400, 224.70-100, 224.70-120, 224.99-010, 40 C.F.R. 35, 116, 122, 130, 131, 133, 136, 141, 401-471, 15 U.S.C. 2601 - 2629, 33 U.S.C. 1251 - 1387, 42 U.S.C. 6901-6992k, 7401 - 7671q, 9601, 11023
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) authorizes the cabinet to promulgate administrative regulations for the prevention, abatement, and control of all water pollution. This administrative regulation establishes definitions for terms used in 401 KAR Chapter 5. These definitions are not more stringent than the federal counterparts.
Section
1. Definitions.
(1) "Abandoned
well" means a well not currently in use and not intended for future
use.
(2) "Activity" means, in
401 KAR 5:050 through
401 KAR 5:080 and if used in conjunction with "facility",
a KPDES point source, or other activity, including land or related
appurtenances, that is subject to regulation under the KPDES program.
(3) "Administrator" is defined by
40
C.F.R. 122.2.
(4) "Agriculture operation" is defined by
KRS 224.71-100.
(5) "Agricultural wastes handling system"
means a structure or equipment that conveys, stores, or treats manure from an
animal feeding operation prior to land application.
(6) "Alternative effluent limitations" is
defined by
40
C.F.R. 125.71(a).
(7) "Analysis category" means one (1) of the
following analyte groups for which an analysis can be performed by a wastewater
laboratory:
(a) Inorganic general
chemistry;
(b) Inorganic
metals;
(c) Organic chemistry
volatiles;
(d) Organic chemistry
semi-volatiles;
(e) Organic
chemistry pesticides, herbicides, or PCBs;
(f) Organic chemistry dioxins;
(g) Microbiology;
(h) Whole effluent toxicity; and
(i) Field analysis.
(8) "Animal feeding operation" or "AFO" is
defined by
40
C.F.R. 122.23(b).
(9) "Applicable standards and limitations"
means all standards and limitations to which a discharge or a related activity
is subject pursuant to KRS Chapter 224 and 401 KAR Chapters 4 through 11,
including effluent limitations, water quality standards, standards of
performance, or toxic effluent standards.
(10) "Application" means the documentation
submitted by an applicant to the cabinet that provides information used by the
cabinet to make a final determination to issue or deny a permit or
certification.
(11) "Approved POTW
pretreatment program", "POTW pretreatment program", "pretreatment program", or
"program" means a program administered by a POTW that meets the criteria
established in
401 KAR 5:055 and that has been approved by the
cabinet.
(12) "Aquaculture project"
is defined by
40
C.F.R.
122.25(b)(1).
(13) "Authorized representative" is defined
by
40
C.F.R. 122.22.
(14) "Available" means located within the
planning area and:
(a) Located within one and
zero-tenths (1.0) mile of a regional facility for a WWTP with an average daily
design capacity larger than 1,000 gpd; or
(b) For new construction if the distance is
one and zero-tenths (1.0) mile or more, where it is cost-effective to connect
as determined by a twenty (20) year present worth cost
analysis.
(15) "BAT"
means best available technology economically achievable.
(16) "Best management practices" or "BMPs"
means:
(a) For agriculture operations, as
defined by
KRS 224.71-100; or
(b) For all other purposes:
1. Schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or
reduce the pollution of waters of the commonwealth; and
2. Treatment requirements, operating
procedures, practices to control site run-off, pollution of surface water and
groundwater from nonpoint sources, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage.
(17) "Biochemical oxygen demand", "BOD", or
"BOD5" is defined by
40
C.F.R. 133.101(d).
(18) "Borehole" means a hole drilled into the
subsurface for exploratory or sampling purposes.
(19) "BPT" means best practicable technology
currently available.
(20) "Building
sewer" means that part of the drainage system that extends from the end of the
building drain, beginning two (2) feet outside the building wall, and conveys
its discharge to a downstream manhole, sewer line, pump station, or sewage
disposal system.
(21) "Bulk
quantities" means undivided quantities of any substance equal to or greater
than fifty-five (55) U.S. gallons liquid measure or 100 pounds net dry weight
transported or held in an individual container.
(22) "Bypass" means the intentional diversion
of sewage or waste-streams from a portion of a facility or industrial user's
treatment facility.
(23)
"Carbonaceous biochemical oxygen demand" or "CBOD" means BOD, not including the
nitrogenous oxygen demand of the wastewater.
(24) "Certified", for
401 KAR 5:320, means that the cabinet has determined that a
wastewater laboratory complies with the regulatory performance criteria and the
standard of quality established in
401 KAR 5:320 and has issued a certification.
(25) "Certified operator" means an individual
who holds an active certified operator's certificate issued in accordance with
401 KAR 11:050.
(26) "cfm" means cubic feet per
minute.
(27) "Chronic toxicity"
means lethality, reduced growth or reproduction or other harmful effect
sustained by either indigenous aquatic organisms or representative indicator
organisms used in toxicity tests due to long-term exposures, relative to the
life span of the organisms or a significant portion of their life span, due to
toxic substances or mixtures of toxic substances.
(28) "Combined sewer" or "combined sewer
line" means a sewer or sewer line designed to carry stormwater runoff as well
as sanitary wastewater.
(29)
"Combined sewer overflow" or "CSO" means the flow from a combined sewer in
excess of the interceptor or regulator capacity that is discharged into a
receiving water without going to a POTW.
(30) "Commercial" means services at stores,
offices, restaurants, warehouses, and other service and nonmanufacturing
activities, excluding households and industries.
(31) "Concentrated animal feeding operation"
or "CAFO" is defined by
40
C.F.R.
122.23(b)(2).
(32) "Consolidation sewer" means a conduit,
without direct sanitary connections that intercepts and transports combined
sewer storm overflows to a treatment facility or a single combined sewer
overflow point.
(33) "Container"
means any portable enclosure in which a material is stored, transported,
treated, disposed, or otherwise handled.
(34) "Continuous facility discharge" means a
discharge that occurs without interruption throughout the operating hours of
the facility, except for infrequent shutdowns for maintenance, process changes,
or other similar activities.
(35)
"Conventional pollutant" is defined by
40 C.F.R.
401.16.
(36) "Core hole" means a hole drilled for the
purpose of obtaining a rock sample.
(37) "Corrective action", for
401 KAR 5:037, means an activity or measure taken to remedy
groundwater pollution.
(38) "Date
of program approval" means September 30, 1983, the effective date of the
administrator's approval of Kentucky's KPDES regulatory program pursuant to
33 U.S.C. Section
1342.
(39) "Day" means a twenty-four (24) hour
period.
(40) "Design flow" means
the long-term daily average flow the wastewater treatment plant can treat and
remain in compliance with the overall performance requirements during its
design life.
(41) "Direct
discharge" means the discharge of a pollutant into waters of the commonwealth
if the discharge is not included under the definition of indirect discharger
and does not include a discharge of animal waste onto land by land application
if the discharge does not reach the waters of the commonwealth.
(42) "Disappearing stream" means an
intermittent or perennial surface stream that terminates and drains underground
through caves, fractures, or swallets in the stream bed.
(43) "Discharge" or "discharge of a
pollutant" means the addition of a pollutant or combination of pollutants to
waters of the commonwealth from a point source.
(44) "Discharge monitoring report" or "DMR"
means the report including any subsequent additions, revisions, or
modifications, for the reporting of self-monitoring results by KPDES
permittees.
(45) "Division" means
the Kentucky Division of Water, within the Department for Environmental
Protection, Energy and Environment Cabinet.
(46) "Domestic" means relating to household
wastes or other similar wastes. It is used to distinguish municipal, household,
or commercial water or wastewater services from industrial water or wastewater
services.
(47) "Domestic sewage"
means sewage devoid of industrial or other wastes and that is typical of waste
received from residential facilities. It may include wastes from commercial
developments, schools, restaurants, and other similar developments.
(48) "Draft permit" means a document prepared
pursuant to
401 KAR 5:075 indicating the cabinet's preliminary
decision to issue or deny, modify, revoke and reissue, revoke, or reissue a
permit. It includes a notice of intent to revoke a permit and a notice of
intent to deny a permit as provided in
401 KAR 5:075. It does not include a proposed permit; a
denial of a request for modification, revocation, and reissuance; or a denial
of a request for revocation.
(49)
"Effluent ditch" means that portion of a treatment system that is a discrete,
person-made conveyance, either totally owned, leased or under valid easement by
the discharger that transports a discharge to surface waters of the
commonwealth.
(50) "Effluent
limitation" is defined by
KRS 224.1-010.
(51) "Effluent limitations guideline" is
defined by
40
C.F.R. 122.2.
(52) "Environmental Protection Agency",
"EPA", or "U.S. EPA" means the U.S. Environmental Protection Agency.
(53) "E. coli" or "Escherichia coli" means an
aerobic and facultative anaerobic gram negative, nonspore forming, rod shaped
bacterium that is ortho-nitrophenyl-B-D-galactopyranoside (ONPG) positive, and
Methylumbelliferyl glucuronide (MUG) positive. It is a member of the indigenous
fecal flora of warm-blooded animals.
(54) "Equivalency of certification", for
401 KAR 5:320, means certification of a wastewater laboratory
by an entity, other than the cabinet, whose requirements for certification are
determined by the cabinet to comply with the requirements of
401 KAR 5:320.
(55) "Exceptional water" means a surface
water categorized as exceptional by the cabinet pursuant to
401 KAR 10:030.
(56) "Excessive infiltration" means a high
groundwater period induced peak infiltration rate that:
(a) Results in an operational problem and
permit violation at the WWTP or results in recurring overflows from the sewer
system or the WWTP; and
(b) Does
not include:
1. An overflow that results from
blockages, power failures or other temporary mechanical failures, or flood
waters entering the sewer system directly; or
2. A resulting overflow if an overflow occurs
at a KPDES permitted overflow point that is in compliance with its permit
requirements.
(57) "Excessive inflow" means a rainfall
induced peak inflow rate that:
(a) Results in
operational problems and permit violations at the WWTP or results in recurring
overflows from the sewer system or the WWTP; and
(b) Does not include:
1. A combined sewer system if an overflow
occurs at a KPDES permitted overflow point that is in compliance with its
permit requirements; or
2. An
overflow that results from blockages, power failures or other temporary
mechanical failures, or flood waters entering the sewer system
directly.
(58)
"Facility" means:
(a) In
401
KAR 5:005 or
401
KAR 5:006, a sewage system as defined by
KRS 224.1-010 except for septic tanks,
pretreatment facilities regulated by an approved pretreatment program or
inter-municipal agreement, and disposal wells as used in
401
KAR 5:090; or
(b) In
401 KAR 5:050 through
401 KAR 5:080 and if used in conjunction with activity,
any KPDES point source, or any other facility, including land or related
appurtenances, that is subject to regulation under the KPDES
program.
(59) "Field
analysis" means a measuring of:
(a)
Conductivity;
(b) Dissolved
oxygen;
(c) pH;
(d) Residual chlorine;
(e) Sulfite;
(f) Temperature; and
(g) Turbidity.
(60) "Flood relief sewer" means a conduit,
without direct sanitary connections, that is used to transport sewage if a
flood control structure or overflow detention basin is in operation.
(61) "Field-only wastewater laboratory" means
a wastewater laboratory that performs a measurement for only the parameters
identified as field analysis, regardless of if the measurement takes place
outdoors, in an on-site room used as a laboratory, or in an off-site
laboratory.
(62) "Floor drain"
means an opening in the floor used to collect spills, water, or other
liquids.
(63) "Force main" means a
conduit used to transport sewage from a pump discharge to a sewer line, pump
station, or WWTP.
(64) "General
permit" means a:
(a) "General permit" as
defined by
40
C.F.R. 122.2; or
(b) A KPDES permit issued pursuant to
401 KAR 5:055 authorizing a category of discharges or
non-discharging facilities under KRS Chapter 224 within a geographical
area.
(65) "General
wastewater laboratory" means a wastewater laboratory that performs an analysis
for at least one (1) analysis category other than field analysis, regardless of
if the general wastewater laboratory also performs a field analysis
measurement.
(66) "Generic
groundwater protection plan" means a groundwater protection plan that can be
applied to activities conducted at different locations because the activities
are substantially identical and because the potentials of the activities to
pollute groundwater are substantially the same.
(67) "GPD" or "gpd" means gallons per
day.
(68) "Groundwater" means the
subsurface water occurring in the zone of saturation beneath the water table
and perched water zones below the B soil horizon including water circulating
through fractures, bedding planes, and solution conduits.
(69) "Groundwater pollution" means "water
pollution" as defined by
KRS 224.1-010 of groundwaters of the
Commonwealth.
(70) "Hydrogeologic
sensitivity" means an assessment of the potential ease and speed of vertical
infiltration or recharge of a liquid through the soil and the unsaturated zones
combined with assessments of the maximum potential flow rate and dispersion
potential after entry into the principal or uppermost saturated zone.
(71) "Industrial" means manufacturing or
industrial processes, including:
(a) Electric
power generation;
(b) Fertilizer or
agricultural chemicals;
(c) Food
and related products or by products;
(d) Inorganic chemicals;
(e) Iron and steel manufacturing;
(f) Leather and leather products;
(g) Nonferrous metals manufacturing or
foundries;
(h) Organic
chemicals;
(i) Plastics and resins
manufacturing
(j) Pulp and paper
manufacturing;
(k) Rubber and
miscellaneous plastic products;
(l)
Stone, glass, clay, and concrete products;
(m) Textile manufacturing;
(n) Transportation equipment; and
(o) Water treatment.
(72) "Industrial wastewater treatment plant"
or "IWWTP" means a privately owned WWTP with more than ninety (90) percent of
the influent flow from sources of industrial waste.
(73) "Infiltration" is defined by
40
C.F.R. 35.2005.
(74) "Inflow" is defined by
40
C.F.R. 35.2005.
(75) "Injection" means a type of land
application in which the waste is placed directly beneath the land
surface.
(76) "Interference" is
defined by
40
C.F.R. 403.3(k).
(77) "Interim certification", for
401 KAR 5:320, means a wastewater laboratory certification
approved by the cabinet if the cabinet determines through documentation review
that the wastewater laboratory complies with the requirements of
401 KAR 5:320. Interim certification is applicable to
method-analyte pairing until the cabinet has a completed an on-site audit for
that method-analyte pairing.
(78)
"Intermediate facility" means an intermediate WWTP or a sewer line of 2,500
feet to 5,000 feet in length including appurtenances.
(79) "Intermediate nonpublicly-owned
treatment works" means a facility with a design flow rate of between 10,000 gpd
and 49,999 gpd of wastewater containing only conventional pollutants and that
is not a POTW.
(80) "Intermediate
WWTP" means a WWTP with an average daily design capacity of 10,000 to 49,999
gpd.
(81) "Interstate agency" means
an agency of which Kentucky and one (1) or more states is a member established
by or under an agreement or compact, or any other agency, of which Kentucky and
one (1) or more other states are members, having substantial powers or duties
pertaining to the control of pollution as determined and approved by the
secretary or administrator pursuant to
33 U.S.C.
1251 -
1387
or KRS Chapter 224.
(82) "Karst"
means the type of geologic terrain underlain by carbonate rocks where
significant solution of rock has occurred due to flowing groundwater.
(83) "Kentucky Intersystem Operational
Permit" or "KISOP" means a permit issued pursuant to
401 KAR 5:005 for operating a sewer system that has more
than 5,000 linear feet of sewer line that discharges to a sewer system, or a
WWTP that is owned by another person.
(84) "Kentucky No Discharge Operational
Permit" or "KNDOP" means a permit issued pursuant to
401 KAR 5:005 for operating a WWTP that does not have a
discharge to a stream, including agricultural waste handling systems and spray
irrigation systems.
(85) "Kentucky
Pollutant Discharge Elimination System" or "KPDES" means the Kentucky program
for issuing, modifying, revoking and reissuing, revoking, monitoring and
enforcing permits to discharge, and imposing and enforcing pretreatment
requirements.
(86) "Key personnel"
means a wastewater laboratory employee who:
(a) Performs or supervises sample analysis or
quality assurance;
(b) Is a primary
analyst or technician as defined in this administrative regulation;
or
(c) Is primarily responsible for
or essential to wastewater laboratory daily operations.
(87) "KPDES permit" means a Kentucky
Pollutant Discharge Elimination System permit issued to a facility, including a
POTW, or activity pursuant to KRS Chapter 224 for the purpose of operating the
facility or activity.
(88) "Land
application" means the uniform placement of animal waste on or in the soil by
spraying or spreading on the surface, incorporation into the soil, or injection
directly beneath the surface.
(89)
"Land application area" is defined by
40
C.F.R.
122.23(b)(3).
(90) "Land treatment" or "land disposal"
means the application or incorporation of a pollutant onto or into the
soil.
(91) "Large animal feeding
operation" means an AFO that stables or confines as many as or more than the
numbers of animals specified in any of the following categories:
(a) 700 mature dairy cows, whether milked or
dry;
(b) 1,000 veal
calves;
(c) 1,000 cattle other than
mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, or
cow or calf pairs;
(d) 2,500 swine
each weighing fifty-five (55) pounds or more;
(e) 10,000 swine each weighing less than
fifty-five (55) pounds;
(f) 500
horses;
(g) 10,000 sheep or
lambs;
(h) 55,000
turkeys;
(i) 30,000 laying hens or
broilers, if the AFO uses a liquid manure handling system;
(j) 125, 000 chickens other than laying hens,
if the AFO uses other than a liquid manure handling system;
(k) 82,000 laying hens, if the AFO uses other
than a liquid manure handling system;
(l) 30,000 ducks, if the AFO uses other than
a liquid manure handling system; or
(m) 5,000 ducks, if the AFO uses a liquid
manure handling system.
(92) "Large concentrated animal feeding
operation" is defined by
40
C.F.R.
122.23(b)(4).
(93) "Large facility" means a WWTP with an
average daily design capacity of 50,000 GPD or more, or a sewer line of more
than 5,000 feet in length including appurtenances.
(94) "Large nonpublicly-owned treatment
works" means a facility that has a design flow rate of greater than or equal to
50,000 gpd of wastewater containing only conventional pollutants and that is
not a POTW.
(95) "Large WWTP" means
a WWTP with an average daily design capacity of 50,000 GPD or more.
(96) "Loading and unloading area" means an
area used for loading and unloading, and related handling of raw materials,
intermediate substances, products, wastes, or recyclable materials. Loading and
unloading areas include areas used to load and unload drums, trucks, and
railcars.
(97) "Long-term CSO
control plan" means a control plan that complies with the Combined Sewer
Overflow Control Policy issued by the U.S. EPA in the "Federal Register" on
April 19, 1994 (59 FR 18688).
(98)
"Manure" is defined by
40
C.F.R.
122.23(b)(5).
(99) "Maintenance replacement" means
replacement of:
(a) Existing component parts
with component parts that have similar characteristics and capacity;
or
(b) A section of sewer or force
main with the same size, alignment, and slope; and
(c) Does not include replacement of an entire
WWTP with a new WWTP.
(100) "Major facility" means a KPDES facility
or activity classified as a major facility by the cabinet in cooperation with
the regional administrator. Designation as a major industry as used in
KRS 224.70-120 does not indicate automatic
classification as a major facility.
(101) "Major industry" means a fee category
as established in
401 KAR 5:310 for an industry that generates and discharges
process-related wastewater while engaged in commercial activities including
resource recovery, manufacturing, products distribution, or wholesale and
retail trade. Each has a design flow rate of greater than or equal to 50,000
gpd of process wastewater containing conventional, nonconventional, or thermal
pollutants. A major industry designation is not a criterion for classification
as a major facility.
(102) "Major
municipal separate storm sewer outfall" or "major outfall" is defined by
40
C.F.R.
122.26(b)(5).
(103) "Measurement" means the ability of the
analytical method or protocol to quantify as well as identify the presence of
the substance in question.
(104)
"Medium concentrated animal feeding operation is defined by
40
C.F.R.
122.23(b)(6).
(105) "ng/l" means micrograms per liter, same
as ppb, assuming unit density.
(106) "mgd" or "MGD" means million gallons
per day.
(107) "Milligrams per
liter" or "mg/l" means the milligrams of substance per liter of solution and is
equivalent to parts per million in water, assuming unit density.
(108) "Minor industry" means a fee category
as established in
401 KAR 5:310 for an industry that generates and discharges
process-related wastewater while engaged in commercial activities and has a
design flow rate of less than 50,000 gpd of process wastewater containing
conventional, nonconventional, or thermal pollutants.
(109) "Minor modification to a WWTP" means a
modification that does not change the WWTP average daily design hydraulic or
organic treatment capacity of the WWTP or discharge location.
(110) "Mixing zone" means a domain of a water
body contiguous to a treated or untreated wastewater discharge with quality
characteristics different from those of the receiving water. The discharge is
in transit and progressively diluted from the source to the receiving system.
The mixing zone is the domain where wastewater and receiving water
mix.
(111) "Municipal separate
storm sewer system" or "MS4" is defined by
40
C.F.R.
122.26(b)(8).
(112) "Municipality" means a city, district,
or other public body created by or under the Kentucky Revised Statutes and
having jurisdiction over disposal of sewage, industrial wastes, or other
wastes, or a designated and approved management agency pursuant to
33 U.S.C.
1288.
(113) "National Pollutant Discharge
Elimination System" or "NPDES" is defined by
40
C.F.R. 122.2.
(114) "National pretreatment standard",
"pretreatment standard", or "standard" is defined by
40
C.F.R. 403.3(l).
(115) "Natural Resources Conservation
Service" or "NRCS" means the organization created pursuant to
7
U.S.C. 6962 in the U.S. Department of
Agriculture.
(116) "New discharger"
is defined by
40
C.F.R. 122.2.
(117) "New source" is defined by
40
C.F.R. 122.2.
(118) "Nonpoint" means any source of
pollutants not defined by a point source.
(119) "Nutrient management plan" means the
plan for an individual operation developed for the purpose of recycling
nutrients from animal waste onto cropland or pasture.
(120) "On-site sewage disposal system",
"on-site sewage system", and "on-site system" means a complete system installed
on a parcel of land, under the control or ownership of any person, which
accepts sewage for treatment and ultimate disposal under the surface of the
ground, including:
(a) A conventional system
consisting of sewage pretreatment unit, distribution box, and lateral piping
within rock-filled trenches or beds;
(b) A modified system consisting of a
conventional system enhanced by shallower trench or bed placement, artificial
drainage systems, dosing, alternating lateral fields, fill soil over the
lateral field, or other necessary modifications to the site, system, or
wasteload to overcome the site limitations;
(c) An alternative system consisting of a
sewage pretreatment unit, necessary site modifications, wasteload
modifications, and a subsurface soil absorption system using other methods and
technologies than a conventional or modified system to overcome site
limitations;
(d) Cluster systems
that accept effluent from more than one (1) structure's or facility's sewage
pretreatment unit and transport the collected effluent through a sewer system
to one (1) or more common subsurface soil absorption systems or conventional,
modified, or alternative design; and
(e) A holding tank that provides limited
pretreatment and storage for off-site disposal in situations in which site
limitations preclude immediate installation of a subsurface soil absorption
system or connection to a municipal sewer.
(121) "Operator" means a person involved in
the operation of a facility or activity.
(122) "Other wastes" means sawdust, bark or
other wood debris, garbage, refuse, ashes, offal, tar, oil, chemicals, acid
drainage, wastes from agricultural enterprises, and other foreign substances
not included within the definitions of industrial wastes and sewage that may
cause or contribute to the pollution of waters of the commonwealth.
(123) "Outfall" means, for municipal separate
storm sewers, a point source at the point where a municipal separate storm
sewer discharges to waters of the Commonwealth, but does not include open
conveyances connecting two (2) municipal separate storm sewers, or pipes,
tunnels, or other conveyances that connect segments of the same stream or other
waters of the Commonwealth and are used to convey waters of the
Commonwealth.
(124) "Outstanding
state resource water" means a surface water designated by the cabinet as an
outstanding state resource water pursuant to
401 KAR 10:031.
(125) "Overburden" means material of any
nature, consolidated or unconsolidated, that overlies a mineral deposit,
excluding topsoil or similar naturally-occurring surface materials that are not
disturbed by mining operations.
(126) "Overflow" means any intentional or
unintentional diversion of flow from a facility.
(127) "Owner" means a person who has legal
ownership of a facility or activity regulated pursuant to 401 KAR Chapter
5.
(128) "Package WWTP" means a
factory-built WWTP that is transported to and assembled or set in place at the
site.
(129) "Permit" means, as used
in
401
KAR 5:005 or
401
KAR 5:006:
(a) A
document issued by the cabinet that authorizes the permittee to construct,
modify, or operate a facility; or
(b) A KPDES permit.
(130) "Pesticide" means a substance or
mixture of substances intended to:
(a)
Prevent, destroy, control, repel, attract, or mitigate any pest;
(b) Be used as a plant regulator, defoliant,
or desiccant; or
(c) Be used as a
spray adjuvant.
(131)
"Plan of study" means a report that contains the following information required
for a regional facility plan by
401
KAR 5:006, Section 2:
(a) Planning area maps;
(b) A discussion of the need for sewer
service in the area;
(c) Population
projections; and
(d) An estimation
of the twenty (20) year cost by category.
(132) "Planning area" means the geographic
area proposed to be served by a regional planning agency in a projected twenty
(20) year period.
(133) "Point
source" is defined by
33
U.S.C. 1362(14). The term
does not include agricultural stormwater run-off or return flows from irrigated
agriculture.
(134) "Pollutant" is
defined by
KRS 224.1-010.
(135) "POTW" means publicly owned treatment
works as defined in
KRS 224.1-010.
(136) "POTW treatment plant" is defined by
40
C.F.R. 403.3(r).
(137) "Pretreatment" is defined by
40
C.F.R. 403.3(s).
(138) "Pretreatment requirement" is defined
by 40 C.F.R.
403.3(r).
(139) "Pretreatment standard" means a
national pretreatment standard.
(140) "Primary analyst or technician" means
an analyst or technician who performs a specific method-analyte pairing
analysis more often than any other analyst or technician at that wastewater
laboratory.
(141) "Primary
responsibility" means:
(a) Personal,
first-hand responsibility to conduct or actively oversee and direct procedures
and practices necessary to ensure that the wastewater treatment plant or
wastewater collection system is operated in accordance with accepted practices
and with KRS Chapter 224 and 401 KAR Chapters 5 and 11, and
(b) Having the authority to conduct the
procedures and practices necessary to ensure that the wastewater system or any
portion thereof is operated in accordance with accepted practices, laws, and
administrative regulations of the commonwealth, or to supervise others in
conducting these practices.
(142) "Privately owned treatment works" is
defined by
40
C.F.R. 122.2.
(143) "Production area" means, for animal
feeding operations, the area defined by
40
C.F.R.
122.23(b)(8).
(144) "Professional engineer" or "engineer"
is defined by
KRS 322.010(2).
(145) "Project priority list" means the list
developed by the cabinet pursuant to KRS Chapter 224A that includes a priority
ranking of applicants for the construction of wastewater treatment works under
33 U.S.C.
1313(e)(3)(H).
(146) "Proposed permit" means a KPDES permit
prepared after the close of the public comment period and, if applicable, any
public hearing and administrative appeals that are sent to U.S. EPA for review
before final issuance by the cabinet. A proposed permit is not a draft
permit.
(147) "Public water system"
is defined by
40
C.F.R. 141.2.
(148) "Publicly owned treatment works" or
"POTW" is defined by
KRS 224.1-010.
(150) "Recommencing discharger" means a
source that recommences discharge after terminating operations.
(151) "Recurring discharge" means, as it
relates to a sewer system overflow, a discharge that occurs two (2) or more
times in a twelve (12) month period.
(152) "Regional administrator" means the
regional administrator of the Region IV office of the U.S. EPA or the
authorized representative of the regional administrator.
(153) "Regional facility" means a facility
that is:
(a) Owned by a city, county, or other
public body created by KRS Chapter 67, 67A, 74, 76, 96, 108, or 220;
and
(b) Designated by a regional
facility plan or water quality management plan to provide wastewater
collection, transportation, or treatment services for a specific
area.
(154) "Regional
facility plan" means a type of water quality management plan addressing point
sources of pollution for the purpose of areawide waste treatment management
planning prepared by the designated regional planning agency pursuant to
33 U.S.C.
1251 -
1387
to control point sources of pollution within a planning area.
(155) "Regional planning agency" means a
governmental agency, such as a city, county, or other public body created by
KRS Chapter 67, 67A, 74, 76, 96, 108, or 220, that has been designated pursuant
to
33 U.S.C.
1288 and 40 C.F.R. 130 to provide planning
for the treatment of wastewater and for controls and recommendations relating
to wastewater for a particular area; and those existing agencies that have
developed plans pursuant to
33 U.S.C.
1281,
1285,
1288,
and
1313(e)
to provide planning related to wastewater collection, transportation, or
treatment for a particular area.
(156) "Regional sewage collection system"
means a sewage collection system designated by a regional planning agency that
is owned by a city, county, or other public body that was created by KRS
Chapter 67, 67A, 74, 76, 96, 108, or 220.
(157) "Run-off coefficient" means the
fraction of total rainfall that will appear at a conveyance as
run-off.
(159) "Schedule of compliance" means a
schedule of remedial measures included in a permit, including an enforceable
sequence of interim requirements leading to compliance with KRS Chapter 224 and
401 KAR Chapters 4 through 11.
(161) "Secondary treatment" means that degree
of treatment that results in an effluent quality that meets the minimum
requirements of
401 KAR 5:045.
(162) "Service area" means that geographic
area currently being served by a regional facility.
(163) "Seven-Q-ten" or "7Q10" means that
minimum average flow that occurs for seven (7) consecutive days with a
recurrence interval of ten (10) years.
(164) "Sewage" means the water-carried human
or animal wastes from residences, buildings, or other places, together with
industrial wastes or underground, surface, storm, or other water as may be
present.
(165) "Sewage sludge" is
defined by
40
C.F.R. 122.2.
(166) "Sewer line" means a device used for
collecting, transporting, pumping, or disposing of sewage, but not a building
sewer that serves an individual building. A sewer line begins at the junction
of two (2) building sewers that serve different buildings. Sewer lines include
gravity sewer lines, pump stations, and force mains.
(167) "Sewer line extension" means a proposed
construction project which extends a sewer system; it includes gravity sewer
lines, pump stations, and force mains.
(168) "Sewer system" means the network of
sewer lines, pump stations, and force mains that discharge to a common
WWTP.
(169) "SIC" means standard
industrial classification.
(170)
"Significant industrial user" or "SIU" is defined by
40
C.F.R. 403.3(v).
(171) "Silvicultural point source" is defined
by 40 C.F.R. 122.27.27 (b(1).
(172)
"Sinkhole" means a naturally occurring topographic depression in a karst area.
Its drainage is subterranean and serves as a recharge source for groundwater.
It is formed by the collapse of a conduit or the solution of bedrock.
(173) "Sinking stream" means a surface stream
in a karst region that disappears underground usually through gradual seepage
of flow along the channel bottom.
(174) "Site" means, as used in
401 KAR 5:060 through
401 KAR 5:080, the land or water area where a facility or
activity is physically located or conducted, including adjacent land used in
connection with the facility or activity.
(175) "Sludge requirements" is defined by
40 C.F.R.
403.7(a)(ii).
(176) "Small concentrated animal feeding
operation is defined by
40
C.F.R.
122.23(b)(9).
(177) "Small facility" means a WWTP with an
average daily design capacity less than 10,000 GPD or a sewer line of less than
2,500 feet in length including appurtenances.
(178) "Small nonpublicly-owned treatment
works" means a facility that has a design flow rate of less than 10,000 gpd of
wastewater containing only conventional pollutants and that is not a
POTW.
(179) "Small WWTP" means a
WWTP with an average daily design capacity of less than 10,000 gpd.
(180) "Source" means a building, structure,
facility, or installation from which there is or may be a discharge of
pollutants.
(181) "Storing" means
the containing of materials, products, substances, wastes, or other pollutants
on a temporary basis in a manner that does not constitute disposal.
(182) "Stormwater" is defined by
40
C.F.R.
122.26(b)(13).
(183) "Stormwater discharge associated with
industrial activity" is defined by
40
C.F.R.
122.26(b)(14).
(184) "Stormwater discharge associated with
small construction activity" is defined by
40
C.F.R. 122.26(b)(15), except
that:
(a) Waters of the "United States" means
waters of the Commonwealth of Kentucky; and
(b) "Director" means "cabinet" if "director"
refers to the director of an approved state program.
(185) "Supernatant" means the water that
accumulates in the upper portion of a lagoon and contains not greater than two
and zero-tenths (2.0) percent total solids by dry weight analysis.
(186) "Surface impoundment" means a natural
topographic depression, manmade excavation, or diked area formed primarily of
earthen materials, including those lined with manmade materials, which is
designed to hold an accumulation of liquids or solids.
(187) "Surface mining operation" means only
those facilities required to have a permit by 405 KAR Chapters 7 through
26.
(188) "Surface waters" means
those waters having well-defined banks and beds, either constantly or
intermittently flowing; lakes and impounded waters; marshes and wetlands; and
any subterranean waters flowing in well-defined channels and having a
demonstrable hydro-logic connection with the surface. Lagoons used for waste
treatment and effluent ditches that are situated on property owned, leased, or
under valid easement by a permitted discharger are not considered to be surface
waters of the commonwealth.
(189)
"Total dissolved solids" or "TDS" is defined by
40
C.F.R. 122.2.
(190) "Total maximum daily load" or "TMDL"
means a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that
amount to the pollutant's sources.
(191) "Total suspended solids" or "TSS" means
the total suspended solids (nonfilterable residue) as determined by use of the
method specified in 40 C.F.R. 136.
(192) "Toxic pollutant" is defined by
40
C.F.R. 122.2.
(193) "UIC" means Underground Injection
Control.
(194) "Underground
injection control well" means a well used for the emplacement of fluids into
the subsurface.
(195) "Upset" is
defined by
40
C.F.R. 122.41(n).
(196) "USGS" means the U.S. Geological
Survey.
(197) "Variance" means a
mechanism or provision pursuant to 401 KAR Chapter 5 that allows modification
to or waiver of the generally applicable effluent limitation requirements or
time deadlines.
(198) "Wastewater
laboratory" means a laboratory that performs an analysis, measurement, or
laboratory test for an activity subject to
33 U.S.C.
1342.
(199) "Wastewater system" means a sewage
system as defined by
KRS 224.1-010.
(200) "Wastewater treatment plant" or "WWTP"
means a facility used for the treatment and disposal of sewage.
(201) "Water" or "Waters of the Commonwealth"
is defined by
KRS 224.1-010.
(202) "Water quality management plan" or "WQM
plan" means:
(203) "Water quality criteria" means the
elements of state water quality standards established in 401 KAR Chapter 10
expressed as constituent concentrations, levels, or narrative statements, that
represent a quality of water that supports a particular designated
use.
(204) "Water quality standard"
means the designated use of a surface water of the commonwealth and the water
quality criteria and antidegradation requirements necessary to maintain and
protect that designated use as established in 401 KAR Chapter 10.
(205) "Water Resources Information System" or
"WRIS" means the water and wastewater system infrastructure database housed at
and supported by the Kentucky Infrastructure Authority that is used for
infrastructure planning, management, and financing purposes.
(207) "Wellhead protection area" means:
(a) The surface and subsurface area
surrounding a water well, well field, or spring, supplying a public water
system, through which pollutants are reasonably likely to move toward and reach
the water well, well field, or spring; or
(b) An area defined as a wellhead protection
area in an approved wellhead protection plan.
(208) "Wetlands" is defined by
40
C.F.R. 122.2.
(209) "Zone of saturation" means the zone in
which all the subsurface voids in the rock or soil are filled with
water.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.