Adequate treatment of wastewater has long been a challenge for the state agencies tasked with the regulation and oversight of wastewater, particularly in the rural portions of the state. Two agencies are responsible for the regulation of wastewater treatment and disposal, the Kentucky Department for Environmental Protection (DEP) and the Department for Public Health (DPH). The primary difference between the agencies’ regulatory authority is the method of wastewater disposal. DEP is responsible for the regulation of wastewater discharges to surface water and protection of groundwater, while subsurface disposal of wastewater is regulated by DPH.

The DEP is tasked with safeguarding the waters of the Commonwealth and abating any existing pollution to those waters (KRS 224.70-100). As part of these duties, the DEP is responsible for the regulation of large-scale regional and municipal wastewater treatment plants as well as small package treatment plants and individual household treatment units that discharge to surface waters. Furthermore, DEP is responsible for determining the wastewater treatment levels required for maintaining the designated uses of a particular stream or river. Finally, DEP is responsible for protecting all current and future uses of groundwater resources (401 KAR 5:037). At present, many of these resources are not meeting designated uses due, in part, to impacts from straight pipes and failing septic systems.

The DPH is responsible for examining nuisances, sources of filth and causes of sickness that may be injurious to the health of the inhabitants of the state (KRS 211.210) and relies on local health departments to implement the onsite program. As part of its duties, the DPH is responsible for the regulation of onsite wastewater systems, such as septic tanks that use leach fields for subsurface disposal of wastewater (KRS 211.350). The DPH program relies on the soil and its chemical/biological interactions to treat wastewater. Unfortunately, many areas of Kentucky are unsuitable for conventional septic systems due to poor soils, steep topography, shallow bedrock, karst or high water tables. Therefore, significant pretreatment of the wastewater is often needed prior to subsurface disposal to protect water quality.

Until recently, there has been little interaction between the two agencies in terms of finding and implementing solutions to Kentucky’s sewage problems in small communities and rural portions of the state. However, improper sewage disposal is the fourth leading source of water pollution in Kentucky (DOW, 1998) and is a growing public and regulatory concern, as is the need to find solutions for sewage treatment and disposal. These issues are not new. In 1979, the Legislative Research Commission (LRC) conducted an assessment of rural sewage issues in Kentucky and provided suggestions for solutions in their report: “Onsite Sewage Disposal in Rural Kentucky” (LRC, 1979). These sewage issues were recently revisited by the Environmental Quality Commission (EQC) in its report: “Onsite Sewage in Kentucky” (EQC, 1999). The EQC identified numerous programmatic and policy issues and provided 16 recommendations to improve sewage management in Kentucky.

The need to re-evaluate the Onsite Program has become apparent due to the dramatic increase in onsite systems in recent years. During the early 1990s, approximately 9,000 sewage permits were being issued per year. At present, approximately 22,000 permits are being issued per year. One reason for this increase is Senate Bill 18 (1998), which amended KRS 211.350 to require assurance of an approved onsite sewage system prior to permanent electrical hook-up. An additional reason may be a shift of population into rural, semi-rural, and suburban portions of the state. Like DPH, DOW experienced an increase in requests for home units after passage of Senate Bill 18. Prior to Senate Bill 18, DOW was issuing approximately 50 permits per year. This number quadrupled after passage of Senate Bill 18.