RELATES TO:
KRS
211.355,
211.360,
211.970,
211.974,
211.976,
211.981
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
211.980 requires the secretary to promulgate
administrative regulations relating to approval of domestic septage treatment,
land application, and surface disposal sites. This administrative regulation
establishes the approval process for domestic septage disposal sites.
Section 1. Definitions.
(1) "Cabinet" is defined by
KRS
211.970(2).
(2) "Certified Inspector" means a specific
individual who has met the requirements for certification contained in
KRS
211.360.
(3) "Deep incorporation" means land
application by subsurface injection, trench disposal, or a
furrow-placement-cover operation.
(4) "Domestic septage" means liquid or solid
material removed from a septic tank, holding tank, portable toilet, Type III
marine sanitation device, or similar treatment works that receives only
domestic sewage. Domestic septage shall not include:
(a) Liquid or solid material removed from a
septic tank that contains commercial wastewater or industrial wastewater
processes;
(b) Similar treatment
works that receives commercial or industrial wastewater processes or individual
wastewater processes; or
(c) Grease
removed from a grease trap at a restaurant or similar grease producing
business.
(5) "Grease"
is defined by
KRS
211.970(3).
(6) "Land application" means:
(a) The spraying or spreading, while the
vehicle is in motion, of domestic septage or domestic septage mixed with grease
at a ratio of three (3) parts domestic septage to one (1) part grease onto the
land surface;
(b) The injection of
domestic septage below the land surface; or
(c) The incorporation of domestic septage
into the soil.
(7)
"Operator" means a person operating or owning a domestic septage disposal,
treatment, or recycling site, including their authorized agents.
(8) "Restrictive horizon" means a soil
horizon that is relatively impervious to the downward movement of water,
grease, domestic septage, or mixture because of its cemented, compacted or
structural condition.
(9) "Shallow
incorporation" means land application by surface spreading followed by plowing,
disking, or harrowing.
(10)
"Surface disposal site" means an area of land that is used for domestic septage
disposal.
(11) "Tank" is defined by
KRS
211.970(12).
(12) "Water table" means the zone of soil
saturation by groundwater.
Section
2. Application for Site Evaluation.
(1)
(a) Form
DFS-345, Application for Site Evaluation and Permit to Operate a Disposal Site,
incorporated by reference in
902 KAR
10:160, shall be submitted by the owner or operator to
the local health department for any site that is to be used as a domestic
septage disposal site.
(b) A farm
that properly disposes of less than 2,000 gallons of its own domestic septage
per year shall not be required to be permitted. The farm shall be registered
with the local health department.
(2) The disposal area where domestic septage
is to be applied shall meet the requirements in Section 4 of this
administrative regulation.
(3) The
following documents shall accompany the application:
(a) A plat or recording in the local county
clerk's office, an original and current 7.5 minute U. S. Geological Survey
Quadrangle topographical map with proposed site boundaries clearly marked, or
dimensioned site plan showing:
1. Number of
acres and site boundaries;
2.
Structures and other facilities;
3.
Proposed disposal area;
4. Setback
distances for features on the site and adjacent to the site as listed in
Section 4, Table 8, of this administrative regulation;
5. North and prevailing wind direction;
and
6. Access roads and other
features outside of the boundaries of the site that may have an impact on site
approval.
(b) Proposed
operations plan including:
1. Methods and
equipment for application, treatment, recycling, or storage;
2. Land usage and the nitrogen requirement
for the crop or vegetation;
3.
Application rate;
4. Monitoring
program for vector and pathogen reduction;
5. State and federal endangered species
impact statement, if applicable; and
6. Other information determined as necessary
by the cabinet.
Section 3. Site Evaluation Fee.
(1) An evaluation fee shall be required for
the cost of conducting a site evaluation by the local health
department.
(2) In accordance with
KRS
211.355, the site evaluation fee shall be
established by the local board of health having jurisdiction.
Section 4. Site Approval
Procedures.
(1) A certified inspector shall
evaluate each proposed site based on the factors listed in Tables 1 through 8
of this section. An official site evaluation form shall be completed
classifying each factor using the following rating method:
(a) An "A" rating means that the site is
acceptable for that site factor.
(b) An "M" rating means the site factor is
acceptable with modification or restriction to the site or disposal method.
1. M1 - Upslope surface water diversion
required.
2. M2 - Shallow placement
of domestic septage shall maintain a minimum separation distance of eighteen
(18) inches between the domestic septage and a water table or bedrock. Lined
wetland cells, storage, or treatment facilities may be excluded from this
requirement;
3. M3 - Shallow
placement of domestic septage shall be required to maintain a minimum
separation distance of eighteen (18) inches between the domestic septage and a
restrictive horizon.
4. M4 -
Acceptable if a curtain drain is installed to lower the water table to a level
of eighteen (18) inches below the domestic septage application.
(c) A "U" rating means the site
factor is not acceptable. Reclamation site areas with "U" ratings may be
acceptable for disposal sites if the disposal activity will not contaminate the
groundwater or create a public health nuisance.
(2) Topography.
|
TABLE 1 - SITE TOPOGRAPHY
|
|
Disposal Method
|
Slope 0 to 12%
|
Slopes >12% to 25%
|
Slopes
>25% or complex
|
|
Surface Application
|
A
|
U
|
U
|
|
Shallow Incorporation
|
A
|
U
|
U
|
|
Deep Incorporation
|
A
|
M
|
U
|
(3)
Landscape position.
|
TABLE 2 - LANDSCAPE POSITION
|
|
Disposal Method
|
Flat Or Convex: Ridgetop; Natural Terraces; Shoulder
Slope; Sideslope; Footslopes; Terraces
|
Concave: Shoulder Slope; Sideslope
|
Concave:
Ridgetops; Terraces; Footslopes; Toeslopes;
Sinkholes; Karst Depressions; Floodplains
|
|
Surface Application
|
A
|
M1
|
U
|
|
Shallow Incorporation
|
A
|
M1
|
U
|
|
Deep Incorporation
|
A
|
M1
|
U
|
(4)
Soil texture. Soil texture shall be classified as follows:
(a) Soil Group I. Sandy texture soils
containing more than the seventy (70) percent sand-sized particles including
the sand and loamy sand soil textural classes;
(b) Soil Group II. Coarse loamy texture soils
containing more than thirty (30) percent clay-sized particles including sandy
loam and loam soil texture classes;
(c) Soil Group III. Fine loamy soils
containing less than forty (40) percent clay-sized particles and not more than
thirty (30) percent sand-sized particles including sandy clay loam, silt loam,
clay loam, and silty lay loam textural classes; and
(d) Soil Group IV. Clay texture soils
containing forty (40) percent or more clay-sized particles including sandy
clay, silty clay, and clay.
|
TABLE 3 - SOIL TEXTURAL GROUP
|
|
Disposal Method
|
Soil
Textural Group I
|
Soil
Textural Group II & III
|
Soil
Textural Group IV
|
|
Surface Application
|
U
|
A
|
A
|
|
Shallow Incorporation
|
U
|
A
|
A
|
|
Deep Incorporation
|
U
|
A
|
A
|
(5) Depth to a restrictive horizon.
|
TABLE 4 - DEPTH TO RESTRICTIVE HORIZON
|
|
Disposal Method
|
Restrictive Horizon < 18"
|
Restrictive Horizon From 18" To 24"
|
Restrictive Horizon From 24" To 42"
|
Restrictive Horizon > 42"
|
|
Surface Application
|
U
|
A
|
A
|
A
|
|
Shallow Incorporation
|
U
|
M3
|
M3
|
A
|
|
Deep Incorporation
|
U
|
U
|
M3
|
A
|
(6)
Depth to a water table.
|
TABLE 5 - DEPTH TO WATER TABLE
|
|
Disposal Method
|
Water Table Depth < 18"
|
Water Table Depth From 18" To 24"
|
Water Table Depth From 24" To 42"
|
Water Table Depth > 42"
|
|
Surface Application
|
M2, 4
|
A
|
A
|
A
|
|
Shallow Incorporation
|
M2, 4
|
M2, 4
|
M2, 4
|
M2, 4
|
|
Deep Incorporation
|
M2, 4
|
M2, 4
|
M2, 4
|
M2, 4
|
(7)
Soil depth.
|
TABLE 6 - SOIL DEPTH
|
|
Disposal Method
|
Soil Depth <18"
|
Soil Depth 18" To 24"
|
Soil Depth 24" To 42"
|
Soil Depth > 42"
|
|
Surface Application
|
U
|
A
|
A
|
A
|
|
Shallow Incorporation
|
U
|
M2
|
M2
|
M2
|
|
Deep Incorporation
|
U
|
U
|
M2
|
M2
|
(8)
Available space. The disposal site area shall be a minimum of one (1) acre
(43,560 sq. ft.) after application of the setback distance requirements.
|
TABLE 7 - AVAILABLE SPACE
|
|
Disposal Method
|
One Year Disposal Capacity
|
Less Than One Year Disposal Capacity
|
|
Surface Application
|
A
|
U
|
|
Shallow Incorporation
|
A
|
U
|
|
Deep Incorporation
|
A
|
U
|
|
TABLE 8 - MINIMUM SETBACK DISTANCES FOR DOMESTIC
SEPTAGE DISPOSAL SITES
|
|
Site Features
|
Surface Application; Experimental Disposal
Methods
|
Shallow Incorporation
|
Deep Incorporation
|
|
Potable Water Supplies And Wells
|
500 Feet
|
300 Feet
|
300 Feet
|
|
Lakes, Ponds, Streams, Intermittent Water Ways
Downslope
|
200 Feet
|
100 Feet
|
100 Feet
|
|
Sinkholes, Karst, Depressions
|
200 Feet
|
200 Feet
|
200 Feet
|
|
Dwellings, Business, Beaches, Public
Gatherings
|
600 Feet
|
500 Feet
|
300 Feet
|
|
Property Line Or Easements
|
100 Feet
|
50 Feet
|
50 Feet
|
|
Public Roads
|
200 Feet
|
200 Feet
|
100 Feet
|
(9)
Backhoe pits or a soil probe truck shall be used to determine soil
characteristics and as necessary, soil samples shall be randomly spaced and
taken to a depth of forty-two (42) inches unless limited by site conditions.
The owner or operator shall provide the backhoe or soil probe truck.
Section 5. Appeal Procedures.
(1) An administrative conference shall be
provided, pursuant to
902 KAR
1:400, at the request of the owner or operator if a
site has been disapproved.
(2) The
request for an administrative conference shall be made in writing on Form
DFS-212, Request for Conference, incorporated by reference in
902 KAR
1:400.
