401 Ky. Admin. Regs. 8:050
Current through Register Vol. 51, No. 6, December 1, 2024
Section 401 KAR 8:050 - Drinking water program feesRELATES TO: KRS 223.220, 224.10-100, 224.10-110, 40 C.F.R. 142.10, Pub.L. 104-182, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(20) authorizes the cabinet to establish, by administrative regulation, a fee or schedule of fees for the cost of processing applications for permits authorized by KRS Chapter 224. KRS 224.10-110 requires the cabinet to enforce cabinet administrative regulations for review, approval, or disapproval of plans for water purification and distribution systems. This administrative regulation establishes fees for reviewing plans and specifications of public water systems and for laboratory certification.
Section 1. Fees for the Review of Plans and Specifications for New and Existing Public and Semipublic Water Systems. (1) Filing fees. (a) Except as established in KRS 224.10-100, a person who submits the plans and specifications established in subsection (2) of this section shall simultaneously submit a filing fee in the amount of twenty (20) percent of the required project fee established in subsection (2) of this section.(b) A filing fee shall not be refundable if the plans and specifications for which the filing fee is required are denied or withdrawn.(c) The filing fee shall be applied toward the project fee assessed as established in subsection (2) of this section.(d)1. Plans and specifications not approved shall be returned to the applicant.2. Further consideration of plans and specifications not approved shall require a new submittal and payment of the appropriate filing fee.(2) Project fees. (a) Following preliminary review of the plans and specifications, the cabinet shall notify the applicant whether or not the plans and specifications comply with 401 KAR 8:100. If the applicant is notified that the plans and specifications comply, the applicant shall submit the remainder of the fee required by paragraph (b) of this subsection.(b) A fee for review and approval of the plans and specifications shall be assessed according to subparagraphs 1. through 3. of this paragraph. 1. Fee for reviewing plans of community public water systems a. The fee for reviewing plans for a water treatment plant utilizing disinfection and all components of conventional filtration treatment shall be $800.b. The fee for reviewing plans for a water treatment plant utilizing disinfection, but not all components of conventional filtration treatment, shall be $525.c. The fee for reviewing plans for a water treatment plant utilizing only disinfection shall be $250.d. The fee for reviewing plans for a change in design capacity of a water treatment plant involving disinfection and all components of conventional filtration treatment shall be $800.e. The fee for reviewing plans for a change in design capacity of a water treatment plant involving disinfection, but not all components of conventional filtration treatment, shall be $525.f. The fee for reviewing plans for a change in design capacity of a water treatment plant involving only disinfection shall be $125.g. The fee for reviewing plans for a change in the structures and appurtenances, except for distribution lines of less than 10,000 feet, of a water supply system shall be $325.h. The fee for reviewing plans of a water supply system for a change to the distribution lines of 10,000 feet or less shall be $150.2. Fees for reviewing plans of noncommunity public water systems.a. The fee for reviewing plans for a water treatment plant utilizing disinfection and all components of conventional filtration treatment shall be $800.b. The fee for reviewing plans for a water supply system serving more than 100 people that utilizes disinfection, but not all components of conventional filtration treatment, shall be $200.c. The fee for reviewing plans for a change to a water supply system serving more than 100 people shall be $100d. The fee for reviewing plans for a water supply system serving 100 people or fewer, which utilizes disinfection, but not all components of conventional filtration treatment, shall be $100.e. The fee for reviewing plans for a change to a water supply system serving 100 people or fewer shall be fifty (50) dollars.3. Semipublic water systems. The fee for reviewing plans for a semipublic water system facility or a change to a semipublic water system shall be fifty (50) dollars.Section 2. Fees for Laboratory Certification. (1) Fees shall be received by December 31 of each calendar year prior to the certification period.(2) A fee received after December 31 and before January 15 shall incur a surcharge of fifteen (15) percent.(3) Laboratory certification shall be revoked if fees are not received by January 15 of the certification year.(4) To reinstate a laboratory certification that was revoked pursuant to subsection (3) of this section, the laboratory shall comply with 401 KAR 8:040, Section 2, and shall pay a surcharge of twenty-five (25) percent of the certification fee established in Table A in subsection (5) of this section.(5) The annual fee for certification by analysis category shall be as established in Table A: Table A: Annual Certification Fee by Analysis Category |
Analysis Category | Fee |
Microbiology Administration and Application | $1,000 |
Microbiology | $500 |
Chemistry Administration and Application | $1,000 |
Disinfection By-Products | $500 |
Synthetic Organic Chemicals | $500 |
Volatile Organic Chemicals | $500 |
All Other Chemical Analysis Categories | $500 |
Other audits resulting in a certification status change | $500 each |
(6) Fees shall apply to in-state and out-of-state laboratories.(7)(a) A laboratory may request a ten (10) percent discount of the following year's certification fee if it submits compliance data electronically for one (1) calendar year.(b) To be eligible for the discount:1. The laboratory's data shall not contain errors;2. The laboratory shall not err in the electronic-submittal process; and3. The laboratory shall comply with 401 KAR 8:040, Section 4.(8) A laboratory certified by the National Environmental Laboratory Association Certification Institute (TNI) or a National Environmental Laboratory Association Program accrediting authority may request a ten (10) percent discount of the total certification fee for which it maintains the TNI certification.17 Ky.R. 599; eff. 11-15-1990; 35 Ky.R. 1847; eff. 7-6-2009; TAm eff. 12-11-2017; Crt eff. 10-3-2018; 45 Ky.R. 3519; 46 Ky.R. 950; eff. 11-1-2019. STATUTORY AUTHORITY: KRS 223.220, 224.10-100(20), 224.10-110