902 Ky. Admin. Regs. 10:170

Current through Register Vol. 51, No. 6, December 1, 2024

Section 902 KAR 10:170 - Septic tank servicing

RELATES TO: KRS 211.970, 211.972, 211.974, 211.978, 211.979, 211.981, 211.995

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) authorizes 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 authorizes the secretary to promulgate administrative regulations relating to vehicle tank and equipment requirements; conduct of business; approval of disposal or treatment sites and methods; inspection and administrative enforcement procedures, including suspension or revocation of licensing; injunctive action; and any other matters deemed necessary to protect public health and the environment. This administrative regulation establishes the requirements for a septic tank service operator, the disposal of grease; vehicle, tank and equipment operations; licensing; inspection procedures; and enforcement actions.

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 211.970(2).

(2) "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.

(3) "Domestic sewage" means waste and wastewater from humans or household operations that is discharged to, or otherwise enters a wastewater treatment works.

(4) "Grease" is defined by KRS 211.970(3).

(5) "Operator" means a person owning, operating, or controlling a septic tank servicing business, including their employees or agents.

(6) "Pathogen" means disease-causing organisms.

(7) "Site" is defined by KRS 211.970(11).

(8) "Tank" is defined by KRS 211.970(12).

(9) "Vector attraction" means the characteristics of domestic septage that attract rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

Section 2. Licensing and Fees for Septic Tank Servicing.

(1) An annual application for a business license to service or maintain septic tanks, holding tanks, seepage pits, portable toilets, Type III marine sanitation devices, or similar treatment works that receive domestic sewage, grease traps, or domestic septage mixed with grease, shall be:

(a) Submitted to the cabinet on DFS-306 Application for a License (1/19); and

(b) Accompanied by:

1. A business license fee of $150; and

2. A vehicle license fee of fifty (50) dollars for each vehicle; and

(c) Accompanied by a surety bond in the amount of $5,000.

(2) The business license fee established in subparagraph (1)(b)1. of this section shall be paid by check or money order made payable to the Kentucky State Treasurer and mailed to the Kentucky Department for Public Health, 275 East Main Street, Mailstop HS1C-D, Frankfort, Kentucky 40621.

(3) The vehicle license fee established in subparagraph (1)(b)2. of this section shall be made payable to the local health department having jurisdiction.

(4) Applications shall be made to the cabinet prior to March 1 of each year.

(5) A late renewal fee $100 shall be assessed on all annual license renewal applications not received by April 1 each year.

Section 3. Conduct of Business. A septic tank service operator shall:

(1) Not dispose of domestic septage or domestic septage mixed with grease unless approved by the cabinet at a permitted site, treatment facility, or registered farm that properly disposes less than 2,000 gallons of its own domestic septage per year.

(2) Register a farm that properly disposes less than 2,000 gallons of its own domestic septage or domestic septage mixed with grease per year with the local health department.

(3) Not apply additional domestic septage or domestic septage mixed with grease to any disposal site if the annual application rate has been reached during a 365-day period.

(4) Verify in writing that the vector attraction reduction and pathogen reduction requirements have been met if disposing of domestic septage or domestic septage mixed with grease.

(5) Maintain setback distances from features as required in 902 KAR 10:150, Section 4 (8), Table 8.

(6) Not dispose of domestic septage or domestic septage mixed with grease during adverse weather or if the site is snow covered or frozen.

(7) Provide an adequate storage facility capable of holding three (3) times the storage capacity of the largest pump truck, during adverse weather, wet site conditions, or if the disposal site is not accessible.

(8) Maintain written authorization from the land owner or facility operator to use the site to dispose of domestic septage or domestic septage mixed with grease. The authorization shall be maintained in each licensed vehicle and at the business office.

(9) Remove all domestic septage from the tank being serviced.

(10) Not use chemicals or biological cleaners, starters, or other agents as part of the service unless the material has been approved by the cabinet. An additive may be approved if it can be demonstrated that the product has a positive benefit and no adverse effect on the operation and performance of an on-site sewage disposal system.

(11) Re-cover access openings and leave the property in a safe and sanitary condition.

(12) Notify the owner of any damage to the sewage treatment or disposal system found during the servicing operation.

(13) Provide the customer an invoice containing the following minimum information:

(a) Customer's name;

(b) Location of service;

(c) Date of service;

(d) Amount of domestic septage and grease from grease traps removed in gallons;

(e) Vehicle license number;

(f) Name and address of servicing business;

(g) Printed and signed name of individual vehicle operator; and

(h) Name and location of approved disposal site, registered farm, landfill, or treatment facility.

(14) Retain copies of customer invoices and other records pertaining to the business operation for five (5) years and make available upon request by the cabinet during normal business hours.

(15) Maintain the following information if domestic septage or domestic septage mixed with grease has been applied to an approved site:

(a) Location by street address, descriptive location, or latitude and longitude of each site where domestic septage or domestic septage mixed with grease has been applied;

(b) The number of acres in each site;

(c) The date and time of application of the domestic septage or domestic septage mixed with grease;

(d) Application rate, in gallons, per acre per 365-day period of domestic septage or domestic septage mixed with grease;

(e) The following certification statement: "I certify, under penalty of law, that the pathogen reduction and vector attraction reduction requirements have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met.";

(f) A description of how the pathogen and vector attraction reduction requirements have been met; and

(g) Name and location of wastewater treatment facility or landfill used to dispose of the domestic septage or domestic septage mixed with grease.

(16) Submit a statement of compliance in accordance with KRS 211.979 and this administrative regulation prior to transportation or disposal of domestic septage or domestic septage mixed with grease within the borders of the Commonwealth.

(17) Provide employees with necessary personal protective equipment suitable for the work being performed, such as gloves, clothing, and respiratory masks.

Section 4. Grease Disposal.

(1) Grease traps serviced at restaurants, residential, or institutional food preparation may be mixed at a ratio of three (3) parts domestic septage to one (1) part grease and disposed at approved disposal sites.

(2) Grease alone may be discharged into a publicly owned wastewater treatment works that will accept grease pumpings.

(3) Grease may be dewatered and disposed at a landfill that will accept grease pumpings.

(4) Grease alone shall not be land applied.

Section 5. Vehicle, Tank, and Equipment Requirements.

(1) All vehicles, tanks, towable tank trailers, and equipment used in the pumping, transporting, treatment, or disposal of domestic septage or grease traps shall be maintained in safe and sanitary condition.

(2) Tanks used in the pumping or transporting of domestic septage shall meet the following additional requirements:

(a) Tanks shall be leak-proof, constructed of, or coated with, a corrosion resistant material, and securely attached to the vehicle chassis;

(b) Discharge openings shall be constructed so the tank completely drains and the discharge stream is not obstructed by any part of the vehicle or equipment, except for splash plates, spray bars, or similar devices; and

(c) Valves at the tank inlet and outlet shall be water-tight and fitted with caps or plugs for use during transport or storage.

(3) Pumps, valves, and hoses shall be maintained to prevent leakage and meet the following requirements:

(a) Pumps shall be self-priming and maintained to prevent backflow;

(b) Connections or openings shall be water-tight and fitted with caps or plugs when the pumping system is not in use;

(c) Pulleys, chains, belts, or flexible shafts shall have guards to prevent injury; and

(d) Hoses shall have leak-proof connectors, caps, or plugs unless stored in leak-proof compartments.

(4) The license for each vehicle shall be visible in accordance with KRS 211.978(2).

(5) The vehicle license number shall be nontransferable from one vehicle to another.

Section 6. Inspection Procedures.

(1) At least one (1) time every calendar year the cabinet shall inspect:

(a) Vehicles;

(b) Equipment; and

(c) The domestic septage storage locations.

(2) The cabinet shall have the right of access to inspect vehicles, equipment, and domestic septage storage locations during normal hours of operation. The right of access shall not be denied if there is an imminent health hazard.

(3) The findings shall be recorded on form DFS-315, Inspection Report, (1/19), incorporated by reference in 902 KAR 10:160,, and a copy of the inspection report provided to the owner or operator.

(4) If a violation is found, the inspection report shall:

(a) Set forth the specific violation;

(b) Set a time period for correcting the violation; and

(c) State that failure to comply with any notice issued pursuant to KRS 211.970 to 211.981 and this administrative regulation may result in initiation of the enforcement proceedings in Section 7 of this administrative regulation and KRS 211.995.

Section 7. Administrative Enforcement Procedures.

(1) A license may be suspended or revoked if the operator:

(a) Violates the provisions of KRS 211.970 to 211.981 or this administrative regulation;

(b) Practices fraud or deception in applying for a license;

(c) Fails to pay required fees or maintain bonding requirements; or

(d) Interferes with the cabinet in the performance of its duties.

(2) An administrative conference shall be provided, after request by the operator, if:

(a) A license is denied, suspended, or revoked; or

(b) An inspection indicates repeated violations or failure to comply with the requirements of KRS 211.970 to 211.981 or this administrative regulation.

(3) 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.

(4) An injunction may be obtained by the cabinet or local health department if immediate legal action is necessary to prevent the creation or continuance of a health hazard, damage to the environment, or to compel compliance with KRS 211.970 to 211.981 or this administrative regulation.

Section 8. Incorporation by Reference.

(1) The "DFS-306, Application for a License", (1/19) is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

902 KAR 10:170

21 Ky.R. 813; 1333; eff. 10-19-94; 22 Ky.R. 2403; eff. 8-1-96; Crt eff. 11-18-2019; 47 Ky.R. 1299, 1978; eff. 6-16-2021.

STATUTORY AUTHORITY: KRS 194A.050(1), 211.976, 211.978, 211.979, 211.980