RELATES TO:
KRS 224.10-100,
224.10-110,
40 C.F.R. 141.300,
141.401,
141.403,
142.10(2),
142.16(b),
2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 224.10-100 and
224.10-110
require 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 for conducting sanitary
surveys and requirements on the public water system subject to a sanitary
survey.
Section 1.
(1) The cabinet shall conduct a sanitary
survey of a public water system in accordance with the requirements of
40 C.F.R.
142.16(b)(1)(ii), (iii), and
142.16(b)(3)
for systems using surface water as a source.
(2) The cabinet shall conduct a sanitary
survey of a public water system in accordance with the requirements of
40 C.F.R.
141.400,
141.401,
141.403,
142.16(o)
for systems using groundwater as a source.
Section 2. System Requirements.
(1) 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.
(2) 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;
(c) The system fails to implement the items
identified in a compliance correction program, pursuant to
40 C.F.R.
142.16(g)(1); or
(d) The deficiency is identified as
significant pursuant to the requirements of
40 C.F.R.
142.16(o)(2)(iv).
