RELATES TO:
KRS 224.10-110,
40 C.F.R.
141.21,
141.52,
141.63,
141.851 - 861
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 224.10-110(2) requires the
cabinet to enforce administrative regulations promulgated by the secretary for
the regulation and control of the purification of water for public and
semipublic use. This administrative regulation establishes a schedule and
method for sampling drinking water to test for bacteriological contaminants,
establishes maximum contaminant levels for bacteria, and establishes
requirements if tests show maximum contaminant levels have been
exceeded.
Section 1. A "public water
system" as defined by
40
C.F.R.
141.2", shall meet the requirements
established in
40 C.F.R.
141.21,
141.52,
and
141.63.
Section 2. Beginning January 1, 2016, a
public water system shall comply with the requirements established in
40
C.F.R.
141.851 through
141.861,
except that a sample site plan required by
40
C.F.R.
141.853 shall be submitted to the
cabinet no later than December 31, 2015. A semipublic water system shall take a
minimum of one (1) total coliform bacteria sample each month the system is in
operation.
Section 3. Population
served shall be determined by the appropriate method established in this
section.
(1) A "community water system", as
defined by
40
C.F.R.
141.2, and a "semipublic water
system", as defined by
401 KAR
8:010, shall:
(a) Use
the most recent decennial census count conducted by the United States Census
Bureau;
(c) Multiply the number of service
connections by 2.69; or
(d) Utilize
a method mutually agreed upon by a community or semipublic water system and the
cabinet.
(2) A
"non-transient non-community public water system", as defined by
40
C.F.R.
141.2, shall use the actual population
served.
(3) A "transient
non-community public water system", as defined by
40
C.F.R.
141.2, shall use the actual population
served.
(4) A public water system
shall provide the figure to the cabinet in its December Monthly Operating
Report established in
401 KAR 8:020, Section 3(7), by the tenth day of the month
following the determination.
(5) A
semipublic water system shall immediately notify the cabinet in writing if the
population served calculation changes its classification from a semipublic
water system to another classification.
