RELATES TO: KRS Chapter 151
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
regulation is required to implement the legislative mandate of
KRS
151.110,
151.114,
151.116, and
151.118,
directing the Environmental and Public Protection Cabinet to administer a
program for developing a long range water supply plan for each county in the
Commonwealth. This administrative regulation describes planning procedures,
details to be included in a plan, funding criteria, and uniform data base
development.
Section 1. Definitions.
The following definitions describe terms used in this administrative
regulation. Terms not defined below shall have the meanings given to them in
KRS
151.100, or if not so defined, the meanings
attributed by common use.
(1) "Aquifer" means
a saturated, permeable geological unit that is capable of yielding water to
wells or springs.
(2) "Available
water" means water that may be withdrawn by any one (1) user at a specific
site, according to the water withdrawal permitting requirements of
KRS
151.140 through
151.170
and
401 KAR
4:010.
(3)
"Base year" means the year that is the starting point for planning conducted
pursuant to this administrative regulation, usually the year in which planning
begins, and from which existing water use information is drawn.
(4) "Contributing watershed" means a
watershed delineated in such a way that noncontributing areas, such as areas
draining to sinkholes that drain into another watershed, are
excluded.
(5) "Discharge" means the
volume of water that flows past a given point within a given period of time,
usually expressed in cubic feet per second or gallons per minute.
(6) "Historical year" means a year four (4)
to six (6) years prior to the base year.
(7) "Hydrologic unit" means watershed
boundaries as shown on the U.S. Geological Survey's Hydrologic Unit Map of
Kentucky.
(8) "Impoundment" means a
water-retaining structure with the ability to retain at least twenty-five (25)
acre-feet of water at normal pool.
(9) "Interconnection" means a linkage between
two (2) or more water suppliers that can be used to transfer water from one (1)
water supplier to the other.
(10)
"Kentucky River Authority" means the authority established under
KRS 151.700
and
151.710.
(11) "Local planning fund contributors" means
counties, cities, and water suppliers that pay any portion of the expenditures
necessary to comply with this administrative regulation.
(12) "Monthly average flow" means the average
flow for each month of the year based on the period of record. It is equal to
the total volume of water used for the month divided by the number of days in
the month.
(13) "Nonpoint source
pollution" means pollution caused by diffuse sources, including land runoff,
precipitation, atmospheric deposition, or percolation.
(14) "Phase one planning activities" include
the activities required by this administrative regulation that relate to data
collection and assessment of water supply planning needs. Specifically, these
activities include the requirements for initiating the planning process,
including notifications and setting planning objectives, and Section 6(1)
through (8) of this administrative regulation.
(15) "Phase two planning activities" include
the activities required by this administrative regulation that relate to
inventorying water resources, protecting water supplier sources, preparing
emergency plans, evaluating water supply alternatives, and to all other
planning activities not completed as phase one planning activities.
(16) "Planning council" means a group formed
for the express purpose of creating a water supply plan in compliance with this
administrative regulation.
(17)
"Planning grant" means funds awarded by the General Assembly and the cabinet to
support water supply planning pursuant to this administrative
regulation.
(18) "Planning
representative" means a person who is designated by a planning council to
perform tasks in compliance with this administrative regulation.
(19) "Planning unit" means a county or group
of counties that have agreed to join with other counties to create a water
supply plan that encompasses more than one (1) county.
(20) "Recharge area" means that area that
captures and supplies water to a spring or an aquifer.
(21) "Regionalization" means the creation of
a regional, administrative or infrastructural, water supplier unit by
consolidation or expansion.
(22)
"Safe yield" means the amount of water a user can withdraw annually from a
groundwater basin throughout the year without depleting the well or aquifer and
without adversely affecting other users of the aquifer.
(23) "Semipublic water supplier" means any
water supply system that serves more than three (3) families, but is not a
water supplier or distributor.
(24)
"Seven (7) day, ten (10) year low flow" means the lowest mean flow for seven
(7) consecutive days having a recurrence interval of ten (10) years, or having
a ten (10) percent chance of occurring in any year.
(25) "Seven (7) day, twenty (20) year low
flow" means lowest mean flow for seven (7) consecutive days having a recurrence
interval of twenty (20) years, or having a five (5) percent chance of occurring
in any year.
(26) "Source
classification" means the particular type of a water supply site, including
surface water intake, well, or spring-fed intake.
(27) "Specific capacity" means yield of a
well per unit of drawdown.
(28)
"Unaccounted for water" means water that is withdrawn and not used for
commercial, residential, industrial, or municipal purposes.
(29) "Water conservation" means methods and
technological applications of passive and active water savings and reuse
devices, components and processes to reduce demand for water supply.
(30) "Water supplier" means any system that
provides water to the public for human consumption, has at least fifteen (15)
service connections or regularly serves an average of at least twenty-five (25)
individuals daily at least sixty (60) days of the year, and withdraws more than
fifty (50) percent of the water it distributes.
(31) "Water supply distributor" means any
system that provides water to the public for human consumption, has at least
fifteen (15) service connections or regularly serves an average of at least
twenty-five (25) individuals daily at least sixty (60) days of the year, and
depends on a water supplier to provide fifty (50) percent or more of the water
it distributes.
(32) "Water supply
reservoir" means a water retaining structure with the ability to retain at
least thirty (30) days of average water use at normal pool, used by a water
supplier.
(33) "Water supply
source" means a particular site or classification of site where water is
withdrawn.
(34) "Water watch group"
means a group registered with the cabinet as part of the water watch
program.
(35) "Zone of
contribution" means the entire area recharging or contributing to a well or
well field.
(36) "Zone of
influence" means the spatial area surrounding a well, in which drawdown effects
occur from groundwater pumpage.
(37) The following items used in this
administrative regulation are defined in
KRS
151.100: cabinet; dam; domestic use;
groundwater; reservoir; secretary; watershed; and withdrawal of
water.
Section 2. Scope
and Applicability. Each county, its municipalities and water suppliers, shall
prepare a water supply plan. Representatives of each county, its municipalities
and water suppliers shall decide whether to form a multicounty planning unit
and shall form a planning council to oversee the planning process. Under the
oversight of the planning council, a planning representative shall assess the
need to provide increased or alternative water supplies for the water supplier
systems within each county, formulate recommendations to protect water
supplies, and prepare a water supply contamination response plan. If increased
or alternative water supplies are needed, the planning representative shall
develop water shortage response plans and evaluate water supply alternatives.
The planning council shall select water supply alternatives. Until July 15,
1996, the cabinet shall award grants, if budgeted by the General Assembly, for
water supply planning.
Section 3.
Content and Format of the Planning Documents. The planning representative shall
prepare no less than two (2) documents which shall include the information as
required by this administrative regulation and additional information as
considered necessary by the planning council. The cabinet may accept planning
documents that were prepared prior to the existence of a planning council in
place of specific sections of the planning documents required by this
administrative regulation.
(1) Plan
formulation document. Documentation of the details of the planning process
shall be placed in a publication subtitled "Plan Formulation Document." The
plan formulation document shall have sections named and numbered as specified
in this subsection.
(a) Phase one planning
activities shall be documented in sections named and numbered as follows:
I. Formation of the planning unit;
II. Planning council and planning
representative;
III.
Notifications;
IV. Workplan and
process for setting objectives;
V.
County base map;
VI. Water use and
water use forecast;
VII. Water
supplier source assessment;
VIII.
Supply adequacy assessment; Appendix PFD-A - Paying for the planning process;
Appendix PFD-B - Council minutes.
(b) Phase two planning activities shall be
documented in sections named and numbered as follows: IX. Supply protection; X.
Water resources inventory; XI. Water supply alternatives; XII. Primary water
supply alternative; XIII. Emergency plans; XIV. Implementation plan; Appendix
PFD-A - Paying for the planning process; Appendix PFD-B - Council minutes. If
the current supply source is adequate for forecasted demands, plan formulation
document sections X, XI, XII, and XIV shall contain a brief statement of
adequacy and the consequent lack of need to assemble information for each of
those sections.
(2) Final
plan document. Documentation of the water supply plan shall be placed in a
publication subtitled "Final Plan Document." The final plan document shall have
sections named and numbered as specified in this subsection.
(a) Phase one planning activities shall be
documented in sections named and numbered as follows:
I. Formation of the planning unit;
II.Planning council and planning
representative;
III. Planning
objectives and water supply planning conflicts;
IV. County base map;
V. Water use, forecast, and infrastructure
assessment;
VI. Water supplier
source assessment;
VII.Supply
adequacy assessment; Appendix FPD-A - Obstacles to the planning
process.
(b) Phase two
planning activities shall be documented in sections named and numbered as
follows: VIII. Supply protection; IX. Water resources inventory; X. Water
supply alternatives; XI. Primary water supply alternative; XII. Emergency
plans; XIII. Implementation plan; XIV. Plan approvals; Appendix FPD-A -
Obstacles to the planning process. If the current supply source is adequate for
forecasted water use, final plan document section X shall contain a brief
statement of adequacy and the consequent lack of need to assemble information
for that section.
Section
4. Plan Initiation and Cabinet Assistance.
(1) Planning unit: geographic area of plan. A
county may develop a water supply plan independently or it may enter into a
written agreement to join with other counties to form a regional water supply
planning unit. A multicounty plan may or may not entail regionalization or
interconnection between water supplier systems.
(a) If a county has fewer than seven (7)
cities, then the decision to join with other counties shall be supported by a
two-thirds (2/3) majority of representatives of water suppliers in the county
and each city in the county that is not a water supplier.
(b) If a county has at least seven (7) but no
more than ten (10) cities, then the decision to join with other counties shall
be supported by a two-thirds (2/3) majority of representatives of water
suppliers in the county and representatives of the first, second, third, and
fourth class cities in the county that are not water suppliers.
(c) If a county has more than ten (10)
cities, then the decision to join with other counties must be supported by a
two-thirds (2/3) majority of representatives of water suppliers in the county
and representatives of the first, second, and third class cities in the county
that are not water suppliers.
(2) Planning council. A planning council
shall be formed to oversee the planning process.
(a) Membership requirements. The planning
council shall consist, at least, of representatives from the following
categories in the planning unit:
1. Each
county judge-executive or mayor of an urban-county government, or his or her
authorized representative;
2. One
(1) representative of each water supplier that provides water to persons in the
planning unit;
3. One (1)
representative of each water supply distributor serving persons in the planning
unit, unless that water supply distributor chooses to be represented by another
member of the planning council;
4.
One (1) representative of semipublic water suppliers, appointed by the county
judge-executive or mayor of an urban-county government, or one (1)
representative from a local health department in the planning unit;
and
5. One (1) representative of
each first, second, or third class city that is not a water supplier or
distributor, unless that city chooses to be represented by another member of
the planning council.
6. One (1)
representative of the fourth class cities that are not water suppliers or water
supply distributors, appointed by the county judge/executive.
7. One (1) representative of fifth and sixth
class cities appointed by the county judge/executive.
(b) Membership options. One (1) planning
council member may represent more than one (1) entity. At any planning council
meeting, a majority of the required members of the planning council, listed in
paragraph (a) of this subsection, may also choose to appoint other planning
council members. The cabinet may require additional planning council members so
that the planning council fully represents the planning unit or if the planning
unit has unique social or economic characteristics.
(c) First planning council meeting. The
entities listed in paragraph (a) of this subsection shall be notified of the
first meeting of the planning council at least two (2) weeks prior to the
meeting.
(d) Planning council
chair. The planning council chair shall be elected by a majority of the
planning council members.
(e)
Quorum. The planning council shall determine what constitutes a
quorum.
(3) Optional
water supply advisory group. A planning council may create one (1) or more
water supply advisory groups to assist in the planning process.
(4) Planning representative. The planning
council shall select a planning representative who shall be responsible for
conducting the water supply planning process and creating water supply plan
documents.
(5) Cabinet assistance.
At the request of one (1) or more counties on a planning council, the cabinet
may award water supply planning grants to a county or planning representative.
The cabinet shall provide access to records and data collected by the cabinet,
in accordance with the Kentucky Open Records Act. The cabinet shall also make
every reasonable effort, as resources allow, to provide special data reports
and make staff available for consultation and technical support to planning
councils and planning representatives.
(6) Documentation of plan initiation.
(a) Section I of the plan formulation
document shall describe how the county (or counties), cities, and water
suppliers reached agreement as to the composition of the planning unit. Section
II of the plan formulation document shall describe how a planning
representative was selected.
(b)
Section I of the final plan document shall include a description of the
planning unit and a planning unit map that shows planning unit boundaries,
county boundaries, hydrologic unit boundaries of watersheds, county seats, and
first through fourth class cities. Section II of the final plan document shall
include a list of planning council members with their affiliations and identify
any designated planning council member who declines to serve on the planning
council or any designated planning council member that has not responded to
invitations to participate in the planning process. Section II of the final
plan document shall identify the planning representative and the individuals
who will prepare the plan under the direction of the planning representative.
If a county advisory group has been formed, section II of the final plan
document shall also list the members of that group.
Section 5. Planning Council Duties
and Procedures. After a planning representative has been designated, the
planning council shall continue to oversee the planning process. This process
shall use principles of hydrologic science, effective environmental protection,
efficient water management and conservation, and democratic governance.
(1) Public notice and public participation.
The planning council shall solicit public input for planning decisions.
(a) Council meetings. Each meeting of a
planning council shall allow time to discuss progress of the planning process
and obtain public input. The planning council shall notify local broadcast and
print media of the meetings and request that the media make a public
announcement of the time, place and purpose of the meeting. The planning
council shall keep minutes of its meetings and a list of attendees and other
interested persons. These shall be available to the public on request and shall
be included as Appendix PFD-B of the plan formulation document.
(b) Public notice shall include the
following:
1. A public notice shall be placed
in the newspaper of greatest circulation in the area. The public notice shall
be at least three (3) column inches in size, and shall be large enough that all
information contained therein is easily readable. A copy of each public notice
shall be placed in section III of the plan formulation document.
2. A letter shall be mailed to each water
watch group in the planning unit. A sample letter and a list of recipients
shall be placed in section III of the plan formulation document.
3. Public notice for a public meeting shall
include the date, time, and location of the meeting; the mailing address and
deadline for providing written comment; the purpose of the meeting; a brief
statement of the purpose of the plan and planning procedures; and any other
information to ensure that the public is aware of the nature of the meeting and
the planning process.
(2) Conflict resolution.
(a) Planning council members shall attempt to
reach consensus on planning goals, objectives, and preferred supply, emergency,
and implementation alternatives. The planning council may select mediation as a
method to achieve an acceptable solution. The cabinet may provide mediation
assistance if requested by planning council members.
(b) If planning council members are unable to
reach consensus concerning any aspect of the planning process, a description of
the conflict shall be included in section III of the final plan document. This
section shall also describe conflicts or potential conflicts between the water
supply plan and existing plans of local units of government, water suppliers,
or water supply distributors and conflicts or potential conflicts between the
water supply plan and existing or proposed plans of surrounding counties. Each
description of a conflict shall identify the units of government or water
suppliers or distributors involved in the conflict. Each description shall also
identify the provisions or omissions causing the conflict and the nature of the
conflict, including objections and the type of authority applicable.
(3) Notification. The planning
council shall comply with the requirements in this subsection within fourteen
(14) days of the first meeting of the planning council. If phase two planning
activities for any county within the planning unit are begun two (2) years or
more after the notifications required by this subsection, the planning council
shall repeat the notifications required by this subsection before beginning
phase two planning activities. If a water supply plan has been prepared for the
county within five (5) years of the base year, the cabinet may allow variances
in the notification process.
(a) Notification
to adjacent counties. The planning council shall send written notification to
mayors, county judge-executives, and water suppliers in counties adjacent to
the planning unit of the intent to develop a water supply plan.
(b) Notification to the public. The planning
council shall give public notice of the intent to develop a water supply plan.
Public notice shall describe the planning unit and planning council membership.
Public notice shall state that a water supply plan is being developed, that
public attendance at council meetings is welcomed, and that a meeting
concerning planning goals and a meeting concerning plan alternatives will be
publicly announced. Further, it shall announce the date, time, and location of
the next council meeting or provide a telephone number at which such
information shall be available.
(c)
Notification to local governments and water suppliers. The planning council
shall send written notification of the intent to develop a water supply plan to
the following: all local units of government within the planning unit; water
suppliers that provide water for use in the planning unit; and local units of
government that use the same source of water as any water supplier in the
planning unit. The letter of notification to local governments and water
suppliers shall request the following information:
1. A copy of any existing water or related
plans;
2. A statement of any
current or potential conflicts, problems or opportunities that the local units
or water systems want the planning process to examine or address, including
water use rights, access and conservation; and
3. A description of expected changes in or
around the planning unit that may alter current growth trends, including
existing ordinances and planning goals.
(d) Notification to the cabinet. The planning
council shall notify the cabinet of the intent to develop a water supply plan.
Notification to the cabinet shall include a list of members of the planning
council, their affiliations, and a list of counties included in the planning
unit. The notification shall identify any designated planning council member
who declines to serve on the planning council or any designated planning
council member that has not responded to invitations to participate in the
planning process. The notification shall state whether counties in the planning
unit will apply for a planning grant from the cabinet. The cabinet shall notify
the planning council of data that is readily available from the cabinet, state
universities or other state or federal agencies.
(e) Notification to the Kentucky River
Authority. If any portion of any county in a planning unit is located within
the watershed of the Kentucky River, the planning council shall notify the
Kentucky River Authority of the intent to develop a water supply plan. The
letter of notification shall ask the authority to provide information
concerning any planning objectives or activities that might impact the water
supply planning process of the planning unit.
(f) Documentation of notifications. Section
III of the plan formulation document shall include a copy of each public notice
and notification sent to adjacent counties and to local units of government and
water suppliers, a list of persons to whom these documents were sent, and a
description of information received in response to notification sent to local
governments and water suppliers. If any portion of any county in a planning
unit is located within the watershed of the Kentucky River, section III of the
plan formulation document shall include a copy of the notification sent to the
Kentucky River Authority and a description of the response from the
authority.
(4) Planning
goals and objectives.
(a) The planning council
shall consider the following objectives for the planning process:
1. Use of conservation to the maximum extent
practical;
2. Choice of supply
dependability. In addition to the level of water supply that meets minimum
standards described in Section 6(8) of this administrative regulation, a
planning council may plan to provide a continuous level of supply under all
conditions or plan to rely on consumer cooperation to maintain a supply buffer,
allowing a supplier to provide less than a continuous level of
supply;
3. Compatibility with
existing plans, or to offer recommendations to alter those plans;
4. Preservation and use of natural water
storage and retention systems, whenever cost and data constraints
permit;
5. Protection and
enhancement of the overall quality of the environment;
6. Cost effectiveness; and
7. Social and political acceptability, and
community cohesion.
(b)
The planning council shall assess existing plans and public input regarding
planning objectives and existing and forthcoming issues to be addressed in the
planning process. The planning council shall identify any planning objectives
specific to the planning unit. The planning council shall conduct at least one
(1) public meeting to obtain public input concerning objectives and issues
affecting the planning process. The planning council shall conduct the public
meeting concerning objectives and issues early in the planning process, prior
to determining the objectives of the planning process.
(c) Documentation. Section III of the final
plan document shall describe the planning objectives and summarize the process
used to determine these objectives. Section IV of the plan formulation document
shall fully describe the objective-setting process.
(5) Water supply alternatives and emergency
response plans. The planning council shall conduct at least one (1) public
meeting to obtain public input concerning supply protection recommendations and
emergency plans. If the existing sources of supply are not adequate to meet
forecasted needs for twenty (20) years after the base year, the public meeting
shall be conducted as part of the process for selecting a water supply
alternative, to obtain public input concerning plan alternatives,
implementation strategies, and any reevaluation of goals and objectives. The
planning council shall review water supply plan alternatives and implementation
strategies; consider public input, reevaluate goals and objectives; and select
alternatives to be included in the final plan document.
(6) Water supply plan document approval.
Section XIV of the final plan document shall include the signature of each
member of the planning council who has participated in the planning process,
signifying that the document accurately reflects the planning effort. If any
member disagrees with the chosen plan alternative, it is the responsibility of
that member to identify objections in a minority report in Section III of the
final plan document, as described in subsection (2) of this section. The
cabinet may approve a final plan document that is not signed by each planning
council member if the planning council justifies the absence of each missing
signature.
(7) Plan implementation.
(a) Upon completion and acceptance of the
plan by the cabinet, the planning council shall act as an oversight or advisory
group to plan implementation. The planning council shall reconvene at least
annually and update the plan at least every five (5) years. A tentative date
and location for reconvening the planning council shall be placed in section
XIII of the final plan document.
(b) If any portion of any county in a
planning unit is located within the watershed of the Kentucky River, the
planning council shall address the consistency of the plan with administrative
regulations promulgated by the Kentucky River Authority and with the Kentucky
River Authority's water resource plan at the annual meeting.
Section 6.
Responsibilities of the Planning Representative.
(1) Workplan. The planning representative
shall develop a workplan for council approval and submission to the cabinet.
Workplans may be separately developed for phase one and phase two planning
activities. The workplan shall define objectives and deadlines for the planning
process in accordance with the objectives established by the planning council,
KRS
151.110 through
151.116, and this
administrative regulation. The rate of plan development for specific counties
within multicounty units may vary. A copy of the workplan shall be placed in
section IV of the plan formulation document. The workplan shall identify the
following:
(a) The planning
representative;
(b) Overall goals,
proposed procedures, and quarterly objectives;
(c) A planning budget;
(d) Sources of funds for the planning effort,
including in-kind services, if any; and
(e) Any proposed deviations from the standard
procedures required in this section and Sections 3 and 5 of this administrative
regulation. Deviations from the standard procedures in this administrative
regulation are allowed only with prior approval from the
cabinet.
(2) Information
review. The planning representative shall assemble and review information
collected through the notification process described in Section 5(3)(c) and (4)
of this administrative regulation. The planning representative shall review any
plans and studies prepared within five (5) years previous to the base year by
city, county, regional, state, and federal agencies that are related to water,
sewer, waste management, or commercial and industrial growth. Existing water or
water-related plans shall be described in section III of the final plan
document.
(3) Obstacles to the
planning process. The planning representative shall describe obstacles to the
planning process that affect the potential accuracy, effectiveness, or
implementation of the planning effort. These obstacles may include lack of
equipment; insufficient legal, fiscal or other resources necessary to implement
data collection; inadequate authority or responsibility at any governmental or
organizational level; or lack of available information. Appendix FPD-A of the
final plan document shall identify and describe obstacles to the planning
process, state the relevance of the incomplete or unavailable information to
the planning process, and make recommendations to remove the obstacle for
future planning efforts.
(4) County
base map.
(a) The following information shall
be located and identified on a map of each county in the planning unit: two (2)
tick marks on both the right and left margins and two (2) along both the bottom
and the top, each showing latitude and longitude; county boundary; state,
federal, and significant county roads; hydrologic unit boundaries of
watersheds; rivers, creeks, and other tributaries within the county or shared
with contiguous counties; county seat; names and jurisdictional boundaries of
first through fourth class cities; significant springs; water supply
reservoirs; and dams. Maps of counties that have less than ten (10) fifth class
cities shall show the name and location of these cities.
(b) County base maps shall be used as a base
for each map required in this administrative regulation, with the exception of
the planning unit map and maps generated by state or federal agencies, or as
specifically approved by the cabinet. The scale of county base maps and maps
created using the county base map shall be between 1:24,000 and 1:90,000. The
map document from which county base maps are compiled shall originally be a map
at a scale of 1:90,000 or larger. Scales for county base maps in a planning
unit shall be identical. Maps required in this administrative regulation may be
created as overlays to county base maps. The plan formulation document and the
final plan document may include reduced copies of maps in addition to the maps
created at the scale required in this paragraph.
(c) The county base map shall be placed in
section V of the plan formulation document and section IV of the final plan
document.
(5) Water use
assessment. The planning representative shall assess water use for the base
year. The planning representative shall use sources of data specified in this
subsection unless the planning representative establishes that other
information is more accurate or that the required information is not available.
If a comprehensive water supply study has been completed within five (5) years
of the base year by the U.S. Army Corps of Engineers for any area of the
planning unit, the planning representative shall use the information developed
in those studies, with corrections if data varies significantly from the latest
U.S. census. Information developed in other water supply studies that have been
completed within five (5) years of the base year may also be used, with
corrections based on the latest U.S. census data, with the approval of the
cabinet.
(a) Water suppliers and distributors.
1. Amounts of water used by water suppliers
and distributors shall be determined for the base year. Usage shall be entered
into a computerized database, using software described in subsection (7)(a) of
this section. Water supplier and distributor usage shall also be determined for
a historical year, four (4) to six (6) years prior to the base year. This
information shall be used to calibrate the forecasting software output. Usage
data shall be disaggregated by usage sector.
2. Amounts of water used by water suppliers
shall be determined from reports of metered water withdrawals, unless the
planning representative justifies to the cabinet the use of other
figures.
3. Amounts of water used
by water supply distributors shall be determined from meter readings.
4. Water losses shall be calculated from the
difference between metered readings of water purchased or withdrawn and water
sold or otherwise accounted for.
5.
Population figures used shall be based on the latest U.S. census and
projections made by the Urban Research Institute at the University of
Louisville. These figures may be adjusted for the planning unit, with cabinet
approval, if the planning representative justifies the need to do so.
(b) Water use for withdrawal
permittees other than water suppliers or distributors shall be determined from
water withdrawal permit records available from the cabinet. Water withdrawals
in violation of the water withdrawal permitting program shall also be
determined.
(c) Agricultural water
use from each water source shall be estimated.
(d) Other permit-exempt water withdrawals,
including water used for fire protection at rates less than 10,000 gallons per
day and for domestic uses, shall be estimated. Permit-exempt water withdrawals
shall be described by source classification and usage.
(e) Documentation of water use assessment.
Written records shall be kept regarding the sources of any water use data. The
sources of data and water use information compiled pursuant to this subsection
shall be fully described in section VI of the plan formulation document and
summarized in section V of the final plan document, unless otherwise specified.
1. The planning representative shall create a
water use map of each county in the planning unit. The water use map shall
identify water supplier intakes, water supplier wells, and permitted water
withdrawal intakes or wells that do not serve water suppliers. The map shall
identify the source type and use category of each permitted site. The map shall
also show water withdrawal sites for entities that withdraw more than 10,000
gallons of water per day and are exempt from or in violation of the water
withdrawal permitting requirements of
KRS
151.140 through
151.170
and
401 KAR
4:010, and identify the source classification and use
category of each permit-exempt user.
2. The planning representative shall create
one (1) or more diagrams showing disaggregated use of water that was withdrawn
by each water supplier, including the categories of domestic, industrial,
commercial, municipal, and lost or unaccounted for water use during the base
year. Disaggregated demand figures shall be listed with respect to the source
of supply, unless these sources are interconnected.
3. The planning representative shall describe
water use conflicts or potential conflicts, including those caused by
groundwater pumping that affects other wells or surface water or by other
existing or potential competing users.
(6) Water supplier source assessment.
(a) Data collection constraints. The planning
representative shall forecast the amount of available water, under normal and
drought conditions, from each source being used by water suppliers in the
planning unit during the base year. Methods for measuring water supply yield
shall be pre-approved or specified by the cabinet. The cabinet may approve
deviations from the requirements in this subsection, if the planning
representative demonstrates significant fiscal or other constraints. If a
measure of available water is not accessible to each water supplier on a
monthly basis, the planning representative shall estimate the cost of attaining
those measurements. Data collection constraints shall be described in Appendix
FPD-A of the final plan document.
(b) The planning representative shall
summarize the soils and geologic characteristics of the planning unit. The
planning representative shall obtain one (1) or more maps showing general
characteristics of soils in the planning unit. These shall be included, as
attachments if necessary, in section X of the plan formulation
document.
(c) The planning
representative shall calculate the amount of available water at the site of any
water supplier intake on a stream. To determine water availability under normal
conditions, the planning representative shall apply water withdrawal permitting
program criteria to calculated average flow during the month of lowest flow and
the seven (7) day, ten (10) year low flow. To simulate drought conditions, the
planning representative shall calculate the seven (7) day, twenty (20) year low
flow during the month of lowest flow. Data from the U.S. Geological Survey
shall be used to make flow calculations unless the planning representative
shows the cabinet that other data will provide more accurate information. If
the watershed of the intake site extends beyond contiguous counties, the
planning representative shall delineate an area as a recommended area
appropriate for watershed protection.
(d) The planning representative shall
calculate the available amount of water at the site of any water supplier
intake in a water supply reservoir during normal and drought conditions. The
planning representative shall also calculate streamflow into each water supply
reservoir that stores runoff from a contributing watershed that drains more
than thirty (30) square miles. Streamflow calculations shall be made as
described in paragraph (c) of this subsection. If the watershed of the intake
site extends beyond contiguous counties, the planning representative shall
delineate an area as a recommended area appropriate for watershed
protection.
(e) The planning
representative shall calculate safe yield, specific capacity, zone of
contribution and zone of influence for each water supplier well. The planning
representative shall delineate an area as a recommended area appropriate for
wellhead protection.
(f) The
planning representative shall calculate available amount of water at the site
of any water supplier intake at or below a spring. Flow calculations shall be
made as described in paragraph (c) of this subsection. The planning
representative shall delineate a recharge protection area that includes the
recharge area of the spring.
(g)
Documentation of source assessment. The planning representative shall prepare a
water supplier source map of each county in the planning unit. The source map
shall show contributing watersheds and known recharge areas for each water
supplier's source of water, such as known zone of influence for a well and
recharge area for a spring. The water supplier source map shall also show
recommended protection areas. Section VII of the plan formulation document
shall show all calculations made pursuant to this subsection. Section VI of the
final plan document shall include a chart showing the available yield of
streams, reservoirs, springs, and water wells used by water suppliers. If the
planning representative identifies constraints on water use related to quality
or quantity, these shall be discussed in section VI of the final plan
document.
(7) Water use
forecast and assessment of treatment and total distribution capacity. Water
supply demands shall be forecast for dates five (5), ten (10), fifteen (15) and
twenty (20) years after the base year. The planning representative may develop
as many as three (3) water use forecasts, each one related to variations in
usage rates created by regulatory and nonregulatory measures to reduce the
amount of water created by specific water uses. If a comprehensive water supply
study has been completed by the U.S. Army Corps of Engineers within five (5)
years of the base year for any area of the planning unit, the planning
representative shall use the information developed in those studies, with
corrections if data vary significantly from the latest U.S. census. Information
developed in other water supply studies that have been completed within five
(5) years of the base year may also be used, with corrections based on the
latest U.S. census data, with the approval of the cabinet.
(a) Water suppliers.
1. Demand for water from water suppliers
shall be forecast using computerized software that enable water use projections
that are disaggregated according to type of usage, including type of
residential unit. Planning representatives may use IWR-MAIN Water Use
Forecasting System computer software produced by the U.S. Army Corps of
Engineers Institute for Water Resources or similar software. Section VI of the
plan formulation document shall include a listing of assumptions, data sources,
and extrapolations used in forecasting water demand.
2. The planning representative shall identify
and contact any single user that purchases twenty (20) percent or more of the
water produced by any water supplier and review all available plans such users
have that would affect future water use. These users, their plans and the
impact of these plans on forecasted water use shall be summarized in section V
of the final plan document.
(b) The planning representative shall
forecast average daily water use for each type of water use described in
subsection (5) of this section. Diagrams showing disaggregated, forecasted use
of water shall be placed in section V of the final plan document.
(c) Assessment of treatment and total
distribution capacity. Information related to assessment of treatment and total
distribution capacity shall be placed in section V of the final plan document.
1. The planning representative shall
determine existing treatment and total distribution capacity of the water
supplier. The planning representative shall create one (1) or more graphs
comparing treatment and total distribution capacity, any planned expansion of
treatment or total distribution capacity, and forecasted water use.
2. The planning representative shall
determine if vertical elevation of an intake or capacity of a pump limits
access to available water and describe access limitations.
3. For water suppliers whose water losses are
greater than fifteen (15) percent, the planning representative shall estimate
the cost of finding and repairing leaks. If water use is not metered, the
planning representative shall estimate the cost of meter
installation.
4. The planning
representative shall prepare a service area map of each county in the planning
unit showing the existing jurisdictional and service area boundaries of water
suppliers and distributors.
5. The
planning representative shall create a service area expansion map for each
county in the planning unit showing existing expansion plans of water suppliers
and distributors, including the proposed access sites of new sources of water.
The service area expansion map shall be accompanied by an explanation that
identifies projected dates of the expansions.
(8) Supply adequacy assessment. In order to
determine water supply adequacy, the planning representative shall compare
water source availability and water demands for the base year and forecasted
demand for dates five (5), ten (10), fifteen (15), and twenty (20) years
afterward, for each water supplier or source. By applying adequacy standards
described in this subsection to each five (5) year increment, the planning
representative shall identify the apparent date at which the current supply
will no longer be adequate. Criteria described in this subsection shall be
adjusted if a water supplier withdraws water from more than one (1) source of
water. The cabinet may approve equivalent adequacy standards if the planning
representative demonstrates the necessity to do so. Calculations for
determining supply adequacy and a description of supply adequacy shall be
documented in section VIII of the plan formulation document and summarized in
section VII of the final plan document. If the existing source of supply is not
adequate to meet forecasted needs for twenty (20) years after the base year,
the planning representative shall inventory the water resources of the planning
unit according to subsection (10) of this section. If the existing source of
supply is adequate to meet forecasted needs for twenty (20) years from the base
year, the planning representative shall evaluate and describe the security of
access to supply for that period in section IX of the final plan document.
Whether existing supply is adequate for twenty (20) years from the base year or
not, the planning representative shall identify potential sources of water to
use in case of contamination or similar emergency as described in subsection
(13)(b) of this section.
(a) A stream shall be
considered an inadequate source of water supply if the seven (7) day, ten (10)
year low flow equals zero or if average rate of water use is more than
eighty-five (85) percent of the available water under normal
conditions.
(b) A water supply
reservoir that stores runoff from a contributing watershed area of ten (10)
square miles or less shall be considered an inadequate source of supply if the
available volume at normal pool provides less than 200 days of supply at the
average rate of water use.
(c) A
water supply reservoir that stores runoff from a contributing watershed that
drains between ten (10) and thirty (30) square miles shall be considered
inadequate if the available volume at normal pool provides less than 100 days
of supply at the average rate of water use.
(d) The following chart shall be used to
determine the adequacy of a water supply reservoir that stores runoff from a
contributing watershed that drains more than thirty (30) square miles.
Percent of Water
Used1
|
Days2
|
0 - 70
|
71 - 85
|
86 - 100
|
<45
|
inadequate
|
inadequate
|
inadequate
|
45 -60
|
inadequate
|
inadequate
|
61 -100
|
inadequate
|
1"Percent of water used" means
average rate of water use divided by the amount of available water in the
inflowing stream under normal conditions, times 100.
2"Days" means days of supply at the
average rate of water use, stored in the water supply
reservoir.
(e) A water
supply well or well field shall be considered inadequate if the average rate of
water use requires water withdrawal at a rate greater than the safe yield of
the aquifer.
(f) A water supply
spring shall be considered inadequate if the average rate of water use is more
than eighty-five (85) percent of the available water under normal
conditions.
(g) In addition to the
minimum standards in this subsection, the assessment of supply adequacy shall
consider the following:
1. Instream uses such
as recreation and maintenance of both game and nongame aquatic life;
2. Water conservation and demand management
practices for resolving any adequacy deficits;
3. The quantity impacts of significant water
withdrawals in the watershed or recharge area of the water supplier
source;
4. The downstream or
down-gradient impacts of water supplier withdrawals on other users;
and
5. Competing uses of the
surface waters or aquifers from which each water supplier's water is being
taken.
(9)
Supply protection. The planning representative shall identify and evaluate the
risk of water supply degradation, contamination, or depletion resulting from
activities in the watershed or recharge area in the planning unit. The risk of
water supply degradation, contamination, or depletion shall be documented in
section IX of the plan formulation document and summarized in section VIII of
the final plan document.
(a) The planning
representative shall identify any potential source of contamination within the
watershed of a surface water supplier source or within the recharge area of a
water supplier spring, or the wellhead protection area of a water supplier well
or well field. The planning representative shall develop a tabular display of
the degree of hazard posed by potential contaminants of a water supplier
source. The planning representative shall create a map of potential sources of
contamination. The map and the tabular display shall be placed in section VIII
of the final plan document. Sources of potential contamination shall include,
at a minimum:
1. Areas possessing known or
potential sources of nonpoint source pollution;
3. Landfills, hazardous waste sites, and
large, unpermitted or abandoned garbage dumps;
4. Active or inactive underground storage
tank facilities that are registered with the Division of Waste
Management;
5. Wells used for
underground injection;
6.
Facilities that store, utilize, or produce hazardous materials; and
7. Lagoon or surface impoundments or stock
piles used to store or produce materials which could potentially contaminate
water.
(b) The planning
representative shall relate soils and geologic characteristics of the planning
unit to the risks of water supply contamination, degradation, or depletion in
section VIII of the final plan document.
(c) The planning representative shall
describe local, existing regulatory and nonregulatory measures that protect the
quality and quantity of the water supplier's sources in the planning unit in
section VIII of the final plan document. Copies of local, existing regulatory
measures shall be included in section IX of the plan formulation
document.
(d) The planning
representative shall formulate recommendations for local regulatory and
non-regulatory measures to protect the quality and quantity of the water
supplier's sources through watershed, recharge area, or wellhead protection
programs. Local regulations and recommendations shall be described in section
VIII of the final plan document.
(10) Water resources inventory. If the
existing source of supply is not adequate to meet forecasted needs for twenty
(20) years after the base year, the planning representative shall inventory the
water resources of the planning unit. If inadequate, existing sources affect
less than forty (40) percent of the counties in the planning unit, the cabinet
may require an inventory or specific counties only.
(a) The planning representative shall prepare
one (1) or more water resources maps of each county in the planning unit. Water
resources maps shall be placed in section IX of the final plan document. Maps
produced by federal or state agencies may be substituted for one (1) or more
features and appended to section IX of the final plan document. Water resources
maps shall show the following features:
1. The
location of federally authorized or other significant rain and streamflow
gauges;
2. Wetlands delineated by
the U.S. Fish and Wildlife Service, under the National Wetlands Inventory
program, and hydric soils delineated by the U.S. Soil Conservation
Service;
3. Outstanding resource
waters and coldwater aquatic habitat, as designated under 401 KAR
5:026 through
401 KAR
5:031, Kentucky water quality standards;
4. Generalized land use;
5. Active and abandoned mine works in which
water is stored or from which water is discharged, if map information is
available;
6. Geologic conditions,
such as karst areas, that may cause unique water quantity or quality problems,
if this information is available;
7. Areas of cultural and/or archeological
significance that may affect water resources of the planning unit;
8. Aquifers and groundwater recharge and
discharge areas, if maps are available; and
9. Significant water-oriented recreational
resources.
(b) The
following information, if available, shall be compiled in paragraph or chart
form, and placed in section X of the plan formulation document:
1. Historical streamflow data;
2. Average monthly precipitation from
historical data;
3. State and
federal requirements and policies affecting water availability;
4. Construction data, usage data and average
monthly static water levels, where readily available, of wells used at average
rates of more than 10,000 gallons per day;
5. Generalized quality of water;
6. Description of groundwater aquifers,
including confining layers, flow characteristics, and predicted maximum yield;
and
7. Ownership of dams or water
body access rights to any reservoirs or impoundments.
(c) The planning representative shall acquire
current U.S. Geological Survey topographic maps of the planning unit, scale
1:24,000, and append these to section IX of the final plan document.
(d) The planning representative shall
assemble or identify all readily available printed information related to water
resources in the planning unit and describe this information in section X of
the plan formulation document.
(e)
The planning representative shall place a summary of the available information
that relates to the quality of water in the county in section IX of the final
plan document.
(11) Water
supply alternatives. If the existing sources of supply are not adequate to meet
forecasted needs for twenty (20) years after the base year, the planning
representative shall evaluate water supply alternatives related to each water
supplier that does not have adequate supply. These evaluations shall be fully
documented in section XI of the plan formulation document, summarized in
section X of the final plan document, and presented to the planning council.
Maps shall be used if their existence will clarify alternatives.
(a) The planning representative shall examine
each alternative that could potentially provide adequate water for normal
supply provisions. The planning representative shall clarify these alternatives
for the planning council and the public, shall fully explain each alternative
in the plan formulation document, and shall summarize each alternative in the
final plan document. The planning representative shall clarify why other
alternatives were deemed inadequate. Documentation and presentations to the
planning council and the public shall clarify at least the factors listed
below:
1. The degree to which the alternative
contributes to the planning objectives;
2. Use of conservation and demand options,
including legal, motivational, and technological water use efficiency
measures;
3. The level of supply
dependability;
4. Consistency with
existing plans;
5. Environmental
impacts;
6. The feasibility of
providing adequate pumpage and pressure to supply water from the alternative
sources;
7. Costs associated with
developing the alternative source;
8. Social, political, and economic
impacts;
9. Potential sources of
contamination of new sources of water;
10. Variations of water quality treatment
capabilities or techniques required due to the characteristics of new sources
of water;
11. The impacts and
potential for conflicts with water uses that are not dependent on water
suppliers, including private drinking water wells;
12. Supply protection; and
13. Changes in wastewater treatment and
disposal systems required as a result of water supplier system
expansion.
(b) If
regionalization is considered a feasible alternative, the planning
representative shall identify and evaluate the factors related to supply
dependability, contamination and other risks, a recommended management
structure for the regional unit, and economic cost to individuals, water
suppliers, and governments.
(c) If
interconnection between existing water suppliers is a specified alternative,
the plan shall provide reasonable assurance that the resulting demand for water
is included in any water use forecast performed in conjunction with water
supply planning for the proposed interconnected water supply system.
(d) If capital improvement projects are
proposed to implement the plan, the projects shall be described in the plan,
including: design components; storage capacity; location alternatives; proposed
construction schedule; expected federal, state and local costs; types of
financing; and sources of local financing (subcounty, countywide, or
multicounty).
(e) If any portion of
any county in a planning unit is located within the watershed of the Kentucky
River, the planning representative shall identify administrative regulations
promulgated by the Kentucky River Authority and portions of the Kentucky River
Authority's water resource plan that are relevant to the planning
unit.
(12) Primary
alternatives. If any existing source of supply is not adequate to meet
forecasted needs for twenty (20) years after the base year, the planning
representative shall further evaluate one (1) or more specific alternative if
the planning grant or other funds allow. Section XI of the final plan document
shall include a detailed description of the selected alternative. A map shall
be created if it will clarify the primary alternative or
alternatives.
(13) Emergency plans.
The planning representative shall prepare water shortage response and supply
contamination plans, which shall be documented in section XIII of the plan
formulation document and summarized in section XII of the final plan document.
(a) Water shortage response plans. If the
water supply availability inventory indicates that water availability for any
supplier will be less than adequate during drought conditions, the planning
representative shall outline contingency plans for managing water demands and
accessing alternate sources of water.
1. Water
shortage response plans shall be based on the water shortage response plan
available from the cabinet, and shall include: identification of various levels
of response; triggers that shall initiate these responses; actions and
responses applicable to local government and the public for each response
level; and penalties as necessary to ensure that the required actions are
implemented.
2. Water shortage
response plans shall describe the methods to be used by any affected water
supplier to notify the public of the emergency and to provide the public with
the information needed to understand the seriousness of the situation and to
know what shall be done to properly respond to the situation.
3. Water shortage response plans shall
identify sources of water for use during water supply emergencies and shall
describe plans for receiving prior approvals, achieving access to the water,
and adequately treating and distributing the water.
4. Water shortage response plans shall
include a description of provisions made for activities to be performed by the
Department for Military Affairs or the cabinet, if the emergency plan calls for
any actions on the part of either agency. The discussion of such provisions
shall include the types of activities to be performed by the Department of
Military Affairs or the cabinet, at what level of water shortage these actions
are to take place, approximately what it will cost the local community to
reimburse the Department of Military Affairs' or the cabinet's expense, and
documentation of agreement and approval from the appropriate agency.
5. Water shortage response plans shall
describe any legal arrangements that are recommended or would be required to
implement or enforce the emergency plans, including at least Public Service
Commission approval when applicable.
6. Water shortage response plans shall
identify who within the local government shall enforce the emergency provisions
in the plan. The plan shall demonstrate that the local government has the
authority to enforce these provisions.
(b) Supply contamination response plans. The
planning representative shall develop contingency plans to be implemented if a
water supply is contaminated or is threatened by contamination.
1. Supply contamination response plans shall
describe methods of notifying state and federal agencies of the
emergency.
2. Supply contamination
response plans shall describe methods to be used by any affected water supplier
to notify the public of the emergency and to provide the public with the
information needed to understand the seriousness of the situation and to know
what shall be done to properly respond to the situation.
3. Supply contamination response plans shall
recommend sources of water for use during both short-term and long-term
emergencies due to supply contamination and describe plans for receiving prior
approvals, achieving access to the water, and adequately treating and
distributing the water. Alternate sources of water for short-term use shall not
be required to meet the adequacy standards described in subsection (8) of this
section.
4. The planning
representative shall assess water supplier distribution system capability to
cope with contamination.
5. For
water supply wells, the planning representative shall evaluate the
effectiveness of existing monitoring wells.
(14) Implementation plan. The planning
representative shall determine the steps necessary to implement the water
supply plan and describe these in section XIII of the final plan document.
(a) Plans for implementation shall include
methods for updating and amending the plan document and addressing current or
future potential conflicts.
(b)
Implementation plans shall contain a timetable for initiation and completion of
tasks and shall identify parties responsible for completing tasks.
(c) The planning representative shall create
a chart showing the anticipated costs of implementation and describe proposed
methods of financing, including reasonable estimates of the interest rates on
loans and the per capita cost to water users.
(d) The planning representative shall
recommend procedures to coordinate actions of local government, and other
agencies that impact development decisions within the planning unit, with the
water supply plan.
(e) The
implementation plan shall describe existing authority to implement the plan and
identify any legal changes or agreements that are necessary to implement the
plan. If the planning council makes any written agreement towards the
implementation of the plan or a portion of the plan, section XIII of the final
plan document shall describe the nature of the agreement, the parties involved,
and when the implementation will happen. Copies of any written agreement or
resolution, including agreements to expand treatment facilities or use new
water sources, shall be included in section XIV of the plan formulation
document.
Section
7. Grant Provisions and Plan Approval. Water supply planning
grants provided by the cabinet shall be used only to create water supply plans,
and shall not be used for implementing water supply plans or to construct water
supply facilities or distribution systems. Planning grants may be provided
separately or jointly for phase one and phase two planning activities.
(1) Funding application.
(a) A county or planning representative may
apply for a planning grant by submitting a form entitled "Water Supply Planning
Financial Assistance Application," dated March, 1991 and hereby incorporated by
reference. Copies of this form may be reviewed or obtained from cabinet offices
at 300 Sower Boulevard, Frankfort, Kentucky 40601, between 8 a.m. and 4:30 p.m.
from Monday through Friday, except holidays.
(b) The application period for requesting a
planning grant for state fiscal year 1991 and 1992 funds shall be from the
effective date of this administrative regulation until ninety (90) days
thereafter. The application deadline for subsequent state fiscal years shall be
May 1.
(c) The cabinet shall review
the application and may require the workplan to be revised if the cost of the
water supply plan is unreasonable.
(2) Funding priorities. Water supply planning
grants from available funds shall be distributed annually, as available.
Unfunded applications from one (1) fiscal year may be carried over to the next
fiscal year in their priority order. The cabinet shall prioritize grant
applications according to water supply needs and budget constraints, within the
following categories of priority:
(a) First
priority shall be given to grant applicants from either counties within which
lie one (1) or more water suppliers that have demonstrated drought
vulnerability or significant conflicts related to shared sources of water
supply or source degradation and which serve thirty-five (35) percent of the
county population, or counties in which thirty-five (35) percent of the county
population is solely dependent on groundwater and are not located adjacent to a
stream with average flow of at least 15,000 cubic feet per second or an
impoundment of at least 300,000 acre-feet. The cabinet may provide from eighty
(80) to 100 percent of planning costs for these counties if they are within
multicounty units, and eighty (80) to eighty-five (85) percent if they are
single-county units.
(b) Second
priority shall be given for phase one planning activities only, and shall be
given to grant applicants from multicounty planning units that include a water
supplier with demonstrated drought vulnerability or significant conflicts
related to water supply planning. The cabinet may provide these grant
applicants eighty (80) to 100 percent of phase one planning costs.
(c) Third priority shall be given for phase
one planning activities only, and shall be given to grant applications from
counties without demonstrated drought vulnerability or water supply conflicts.
The cabinet may provide from eighty (80) to 100 percent of planning costs for
counties from multicounty planning units and eighty (80) to eighty-five (85)
percent if they are single county units.
(d) Fourth priority shall be given to grant
applicants from planning units without demonstrated drought vulnerability or
water supply conflicts. The cabinet may provide from eighty (80) to 100 percent
of planning costs for these counties if they are from multicounty planning
units, and eighty (80) to eighty-five (85) percent if they are single-county
planning units.
(3) Local
funding contributions.
(a) In-kind services.
Local planning fund contributions may include up to fifty (50) percent of costs
incurred during planning activities. Written records of these services shall be
submitted to the cabinet for approval before matching funds will be released
and documented in Appendix PFD-A of the plan formulation document.
1. Activities that shall not be considered as
in-kind services include those associated with advertising for, selecting, or
administering contractual agreements and those associated with expenses
incurred prior to notification to the cabinet.
2. Records shall be maintained to document
expenditures of any in-kind services where cost-share financial assistance has
been requested for plan development. These records shall be included in
Appendix PFD-A of the plan formulation document and available for review when
any financial assistance request is made for a partial reimbursement prior to
final plan approval.
(b)
Expenses incurred prior to grant approval. The cabinet may approve planning
expenditures that have been incurred after notification to the cabinet of the
intent to develop a water supply plan and prior to grant approval. If approved,
these expenses shall be reimbursed at a rate of forty-five (45) percent. No
more than seventy (70) percent of total reimbursed expenses shall have been
performed prior to grant approval.
(4) Plan approval. The planning council shall
submit one (1) copy of the plan formulation document and three (3) copies of
the final plan document to the cabinet.
(a) No
plan shall be approved by the cabinet unless it meets all the provisions of
this administrative regulation and is consistent with state laws and
administrative regulations.
(b) The
cabinet shall examine the plan for consistency with other water supply plans
that have been approved by the cabinet pursuant to this administrative
regulation. The cabinet shall notify planning councils of inconsistencies
between water supply plans. If any portion of any county in a planning unit is
located within the watershed of the Kentucky River, the cabinet shall examine
the plan for consistency with administrative regulations promulgated by the
Kentucky River Authority and with the Kentucky River Authority's water resource
plan and notify the planning council and the Kentucky River Authority of
inconsistencies.
(c) The cabinet
shall notify the planning council within ninety (90) days if any portion of the
plan document is not consistent with statutes or administrative regulations and
shall identify any portion of the plan document requiring revision. The
planning council shall subsequently submit a revision within 120 days after
receiving notice of disapproval. The cabinet may extend the time period allowed
to revise a plan document if a planning council submits written justification
to postpone the deadline.
(d)
Payments. No payments shall be made to a grant recipient for work that does not
conform to the approved plan. As part of the grant contractual agreement, the
cabinet may specify a schedule for payment based on submittal and approval of
work elements. No more than eighty (80) percent of any total grant allotment
shall be paid until grant conditions have been met and work completed under the
planning grant has been approved by the cabinet.