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Last Modified:  11/6/2009
Rules

The rules listed on this page help explain monitoring and reporting requirements for public water systems. The information has been summarized from Kentucky Administrative Regulations (KAR), Chapter 8. The information provided by the Kentucky Legislature Web Server is unofficial and is intended for informational purposes only.

Asbestos
Bacteriological
Chlorine and Chloramine
Chlorine or Chloramine Residual
Chlorine Dioxide
Chlorite
Corrosivity
Inorganic Chemicals
Lead and Copper
Nitrate
Nitrite
Ozone
Radionuclides
Secondary Contaminants
Sodium
Synthetic Organic Chemicals
TTHMs and HAA5s
Turbidity
Volatile Chemicals

 

Asbestos 401 KAR 8:250 

The system shall collect one sample at initiation of water system operation.  Thereafter, the system shall collect one sample during the first three-year compliance period of each nine-year compliance cycle (2002-2004, 2011-2013, etc). 

If the system is vulnerable to asbestos contamination due to raw water source only, the system shall sample from the entry point to the distribution system. 

If the system is vulnerable to asbestos contamination due to raw water source and distribution system (e.g., asbestos-cement pipe), the system shall sample in the distribution system under conditions where asbestos contamination is most likely to occur. 

If a sample exceeds the maximum contaminant level (MCL) of 7 million fibers per liter, the system shall initiate quarterly monitoring. 

A surface water system shall sample for a minimum of four consecutive quarters with results less than the MCL. A groundwater system shall sample for a minimum of two consecutive quarters with results less than the MCL. Afterwards, with Drinking Water Branch approval, the system may return to base monitoring requirements. A confirmation sample collected within two weeks at the same sampling point as an MCL exceedance may be averaged with the first sample to determine compliance.

Bacteriological 401 KAR 8:200
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The system shall sample monthly according to the approved sample site plan and the population size served. Samples that test positive for total coliform shall be analyzed for fecal coliform or E.coli.

Total coliform-positive requirements:
(1) Three check samples (C) shall be collected within 24 hours at a location five service connections upstream and downstream and at the original site.
(2) If a check sample tests positive, then an additional three check samples shall be collected within 24 hours at a location five service connections upstream and downstream and at the original site of the positive check sample.
(3) The water system shall repeat process #1 and #2 until all check samples are total-coliform negative.
(4) Systems that collect less than five routine distribution samples (D) per month shall collect at least five distribution samples in the next compliance month.
(5) If a boil water notice/advisory or consumer advisory has been issued for the system, the notice/advisory shall not be lifted until all check samples are total-coliform negative and the Division of Water (DOW) approves the lifting of the notice/advisory.

For systems that take at least 40 or more distribution samples per month, a maximum contaminant level (MCL) violation occurs if more than 5 percent of the samples taken in any month are positive (this includes D and C samples). If a public water system collects fewer than 40 samples per month, then no more than one sample collected during any month can be total-coliform positive. An acute MCL violation occurs if there is: (1) a fecal coliform-positive check sample or E. coli-positive check sample, or (2) a total coliform-positive check sample following a fecal coliform-positive or E. coli positive distribution sample. Failure to take the proper number of samples for the month shall constitute a monitoring and reporting violation.
Technical fact sheet from EPA for total coliform.

Chlorine and Chloramine 401 KAR 8:510
Disinfection byproducts samples shall be collected according to the approved sample site plan. Total residual samples shall be collected along with 401 KAR 8:200 bacteriological monitoring. Compliance is calculated on a four-quarter running annual average with a maximum residual disinfectant level of 4 mg/L. EPA information on disinfection byproducts.

Chlorine or Chloramine Residual  401 KAR 8:150


Chlorine Dioxide 401 KAR 8:510

Samples will be collected according to the approved sample site plan. A system using chlorine dioxide will collect one sample daily at the entry point to the distribution system. If a daily sample exceeds the maximum residual disinfectant level of 0.8 mg/L, the system shall collect a three-sample set in the distribution system within 24 hours. 

The three-sample sets must include one sample near the first customer, one sample reflecting average residence time and one sample reflecting maximum residence time if the system does not booster chlorinate at a site near the first customer at least six hours apart. 

An acute violation occurs with a distribution sample exceedance following a daily sample exceedance. A nonacute violation occurs with two consecutive daily sample exceedances.
Information from EPA on disinfectants.

Chlorite 401 KAR 8:510

Samples shall be collected according to the approved sample site plan. A system using chlorine dioxide shall collect one sample daily at the entry point to the distribution system. Additionally, a system shall collect one sample near the first customer, one sample reflecting average residence time and one sample reflecting maximum residence time each month. If a daily sample exceeds the MCL of 1.0 mg/L, the system shall collect a three-sample set within 24 hours at the same locations as the required monthly set. Compliance is determined on an average of the samples collected in the distribution system each month. With approval from the Drinking Water Branch, systems may reduce the required monthly monitoring to quarterly if no daily or monthly exceedances have occurred after one year of monitoring.

Corrosivity 401 KAR 8:350

The system shall notify DOW of the presence of any of the following materials in the distribution system: 
(1) Lead from piping, solder, caulking, interior lining of distribution mains, alloys or any other source. 
(2) Copper from piping, alloys, service lines or any other source. 
(3) Galvanized piping in service lines. 
(4) Ferrous piping materials, such as cast iron and steel. 
(5) Asbestos cement pipe. 

In addition, DOW may require identification and reporting of other materials of construction present in distribution systems that may contribute contaminants to the drinking water, including but not limited to vinyl-lined asbestos cement pipe and coal-tar-lined pipes and tanks.

Inorganic Chemicals 401 KAR 8:250

A system that uses a surface water source shall collect one set of samples per entry point to the distribution system (EPTDS) or representative site of each source per year. A system that uses a groundwater source shall collect one set of samples per EPTDS or representative site of each source per three-year compliance period. If any contaminant exceeds the respective MCL, the system shall sample the contaminant quarterly. A surface water system shall sample the contaminant for a minimum of four consecutive quarters with results less than the MCL. A groundwater system shall sample the contaminant for a minimum of two consecutive quarters with results less than the MCL. Afterwards, with Drinking Water Branch approval, the system may return to base monitoring requirements. A confirmation sample collected within two weeks at the same sampling point as an MCL exceedance may be averaged with the first sample to determine compliance

Lead and Copper 401 KAR 8:300

The system shall collect samples according to the approved sample site plan. The number of samples required is based upon population served. Initially, the system shall collect two consecutive six-month periods, then reduce to annually for two consecutive years (June 1 to Sept. 30) at half the number of samples required initially, then further reduce to once every third year (June 1 to Sept. 30) at half the number of samples required initially. An exceedance occurs when more than 10 percent of the samples collected are greater than the action level of 0.015 mg/l for lead or 1.3 mg/l for copper.  An exceedance triggers one or more of the following treatment technique requirements: public education, water quality parameter testing, corrosion control treatment, source water treatment and/or lead service line replacement. The system shall also resume lead and copper monitoring at the initial monitoring phase.

For Safe Drinking Water Information System (SDWIS) State compliance reporting, please download and use the forms below to report lead and copper.

Excel Spreadsheet with  5 rows:    Table 5
Excel Spreadsheet with 10 rows:   Table 10
Excel Spreadsheet with 20 rows:   Table 20
Excel Spreadsheet with 30 rows:   Table 30
Excel Spreadsheet with 40 rows:   Table 40
Excel Spreadsheet with 50 rows:   Table 50
Excel Spreadsheet with 60 rows:   Table 60

Technical fact sheet from EPA for lead.
Technical fact sheet from EPA for copper.

Nitrate 401 KAR 8:250

A system that uses a groundwater source shall collect one sample per entry point to the distribution system (EPTDS) or representative site of each source per year. A system that uses a surface water source shall collect one sample per quarter per EPTDS or representative site of each source for four consecutive quarters at initiation of water system operation. Thereafter, the system shall collect one sample per year. If a sample exceeds 5 mg/L the system shall initiate quarterly monitoring. A system shall sample for a minimum of four consecutive quarters with results less than the MCL. Afterwards, with Drinking Water Branch approval, the system shall sample annually during highest "historical" quarter. If a sample exceeds the MCL the system shall collect a confirmation sample within 24 hours or immediately notify the public. A confirmation sample collected within two weeks at the same sampling point as an MCL exceedance may be averaged with the first sample to determine compliance.
Technical fact sheet from EPA for nitrate.

Nitrite 401 KAR 8:250

The system shall collect one sample per entry point to the distribution system or representative site of each source at initiation of water system operation. Thereafter, the system shall collect one sample during the first three-year compliance period of each nine-year compliance cycle, i.e. 2002-2004, 2011-2013, etc. If a sample exceeds 0.5 mg/L, the system shall initiate quarterly monitoring. A system shall sample for a minimum of four consecutive quarters with results less than the MCL. Afterwards, with Drinking Water Branch approval, the system shall sample annually during highest "historical" quarter. If a sample exceeds the MCL, the system shall collect a confirmation sample within 24 hours or immediately notify the public. A confirmation sample collected within two weeks at the same sampling point as an MCL exceedance may be averaged with the first sample to determine compliance.
Technical fact sheet from EPA for nitrite.

Ozone 401 KAR 8:510

Samples shall be collected according to the approved sample site plan. A system using ozone shall collect one bromate sample monthly at the entry point to the distribution system. Compliance is based on a four-quarter running annual average with a maximum contaminant level of 0.010 mg/L. With approval from the Drinking Water Branch, systems may reduce monitoring to once per quarter if an annual average of source-water bromide is less than 0.05 mg/L and the system continues monthly bromide monitoring.

Radionuclides 40 CFR 141.26 

The system shall collect one set of samples per entry point to the distribution system for four consecutive quarters by Dec. 31, 2008, or at initiation of water system operation. For Radium-226 and Radium-228, the combined value shall be used to determine compliance and future monitoring. If the Gross Alpha result does not exceed 5 pCi/L, the result may be substituted for Radium-226. If the Gross Alpha result does not exceed 15 pCi/L, the result may be substituted for Uranium. If the Gross Alpha result is below the detection limit, then one-half the detection limit shall be used for substitution. If the quarterly annual average of any contaminant exceeds the respective MCL, the system shall sample the contaminant(s) quarterly. A system shall sample for a minimum of four consecutive quarters with results less than the MCL; then, with Drinking Water Branch approval, future monitoring shall be determined. If Gross Alpha exceeds the MCL, a Uranium sample shall also be collected quarterly and shall be (1) subtracted from the Gross Alpha result to determine compliance for Gross Alpha and (2) used to determine future monitoring for Uranium. Only systems designated as “vulnerable” or “contaminated” shall monitor for beta particle and photon radioactivity.
Facts from EPA on radionuclides.

Secondary Contaminants 401 KAR 8:600

The system shall collect one set of samples from a free-flowing tap in the distribution system per year. If any contaminant exceeds the respective secondary contaminant level, DOW may direct the system to modify treatment procedures or locate a more suitable source of water.

Sodium 401 KAR 8:250

A surface water system shall collect two samples per year; one sample shall be collected during the wet season and one sample collected during the dry season. A groundwater system shall collect one sample annually. The samples shall be collected at each entry point to the distribution system or representative site of each source. The system shall notify appropriate local and state health officials of the sodium levels by written notice within three months of testing.



Synthetic Organic Chemicals 401 KAR 8:400

The system shall collect one set of samples per entry point to the distribution system or representative site of each source for four consecutive quarters at initiation of water system operation. A system with a population equal to or less than 3,300 shall collect one set within each three-year compliance period.

A system with a population greater than 3,300 shall collect two quarterly samples within 12 months during each three-year compliance period. If any contaminant exceeds the respective detection limit, the system shall sample the contaminant quarterly. 

A surface water system shall sample the contaminant(s) for a minimum of four consecutive quarters with results less than the MCL; then, with Drinking Water Branch approval, the system shall sample the contaminant(s) annually for three consecutive years during highest historical quarter. A groundwater system shall sample the contaminant(s) for a minimum of two consecutive quarters with results less than the MCL; then, with Drinking Water Branch approval, the system shall sample the contaminant(s) annually for three consecutive years during highest "historical" quarter. The system may then, with Drinking Water Branch approval, return to the original appropriate monitoring schedule. A confirmation sample collected within two weeks at the same sampling point as an MCL exceedance may be averaged with the first sample to determine compliance.
Technical fact sheet on synthetic organic chemicals.

TTHMs and HAA5s 401 KAR 8:510

A system that produces water shall monitor throughout the distribution system. A system that produces and provides water to another system shall be responsible for monitoring throughout the joint distribution system. Samples shall be collected according to the approved sample site plan. 

For surface water and groundwater under the direct influence of surface water systems that serve a population greater than 10,000 people, collect three distribution samples and one sample reflecting maximum residence time per plant per quarter. Systems serving a population of 500-9,999 people, collect one sample per plant per quarter reflecting maximum residence time. Systems that serve a population fewer than 500 people, collect one sample per plant per year reflecting maximum residence time during the warmest month. 

For groundwater systems serving a population of more than 10,000 people, collect one sample per plant per quarter reflecting maximum residence time. Groundwater systems that serve a population fewer than 10,000 people, collect one sample per plant per year reflecting maximum residence time during the warmest month. 

Compliance is determined on a four-quarter running annual average with an MCL of 0.080 mg/L for total trihalomethanes (TTHMs) and 0.060 mg/L for haloacetic acids (HAA5s). Systems sampling less than quarterly that exceed a MCL shall complete four consecutive quarters before compliance can be determined. 

With approval from the Drinking Water Branch, systems may reduce monitoring if

  1. the annual source water total organic carbon is less than or equal to 4.0 mg/L,
  2. the annual average for TTHMs is less than or equal to 0.040 mg/L and
  3. the annual average for HAA5s is less than or equal to 0.030 mg/L.

Refer to the table in 401 KAR 8:510 for reduced monitoring frequency for TTHM and HAA5.



Turbidity|401 KAR 8:150401 KAR 8:160

A surface water or groundwater under the direct influence of a surface water system shall sample combined filtered water every four hours of operation and report the results in the monthly operating report (MOR). For conventional filtration or direct filtration serving fewer than 10,000 people, the level shall be less than or equal to 0.5 nephelometric turbidity unit (NTU) in at least 95 percent of the measurements taken each month, and the level shall not exceed five NTUs. For conventional or direct filtration serving at least 10,000 people, the level shall be less than or equal to 0.3 NTU in at least 95 percent of the measurements taken each month, and the level shall not exceed one NTU. For other filtration, regardless of population served, the level shall be less than or equal to one NTU in at least 95 percent of the measurements taken each month, and the level shall not exceed five NTUs. A system serving at least 10,000 people shall conduct continuous monitoring for each individual filter and record the results every 15 minutes. If there is a failure in the continuous monitoring equipment, the system shall conduct grab sampling every four hours and the repairs shall be completed in five working days. Otherwise, the system shall be in violation. 

Reporting
The system shall report the following information in the MOR:
(1) if a filter exceeds 1.0 NTU in two consecutive recordings and there are no obvious reasons, the system shall produce a filter profile within seven days.
(2) if a filter exceeds 0.5 NTU in two consecutive recordings at the end of the first four hours of operation and there are no obvious reasons, the system shall produce a filter profile within seven days.
(3) if a filter exceeds 1.0 NTU in two consecutive recordings in three consecutive months, the system shall produce a filter assessment within 14 days.
(4) if a filter exceeds 2.0 NTUs in two consecutive recordings in two consecutive months, the system shall arrange a comprehensive performance evaluation within 30 days.
Technical information from EPA regarding turbidity.


Volatile Chemicals 401 KAR 8:420

The system shall collect one set of samples per entry point to the distribution system or representative site of each source for four consecutive quarters at initiation of water system operation.  

A surface water system shall collect one set each year of the three-year compliance period.  

A groundwater system shall collect one set per three-year compliance period. 

If any contaminants exceed the respective detection limit, the system shall sample the contaminants quarterly. A surface water system shall sample the contaminants for a minimum of four consecutive quarters with results less than the maximum contaminant levels (MCLs). With Drinking Water Branch approval, the system shall then sample the contaminants annually during highest historical quarter. 

A groundwater system shall sample the contaminants for a minimum of two consecutive quarters with results less than the MCLs. With Drinking Water Branch approval, the system shall then sample the contaminants annually during highest historical quarter.

A confirmation sample collected within two weeks at the same sampling point as an MCL exceedance may be averaged with the first sample to determine compliance.

    

DEP Division of Water
200 Fair Oaks Lane
Fourth Floor
Frankfort, KY 40601
Phone: 502-564-3410
Fax: 502-564-0111
E-mail: water@ky.gov