Title XVIII, Public Health

As used in KRS 220.010 to 220.540, unless the context otherwise requires: (1) "Sanitary works," "improvements," "sanitary system" or "sanitary sewers," means any works constructed by a sanitation district in accordance with the purposes of KRS 220.010 to 220.540, as set forth in …

The secretary of the Energy and Environment Cabinet shall, in addition to his other duties, act as commissioner of sanitation districts, and is vested with jurisdiction, power and authority, when the conditions set forth in KRS 220.010 to 220.520 and certified to by the county bo…

Sanitation districts may be established for any of the following purposes: (1) To prevent and correct the pollution of streams. (2) To regulate the flow of streams for sanitary purposes. (3) To clean and improve stream channels for sanitary purposes. (4) To provide for the collec…

judges/executive in districts governed by KRS 220.135 -- Service charges, rates, and user fees in districts with more than 10,000 customer accounts governed by KRS 220.542. (1) A fiscal court may: (a) Review and approve, amend, or disapprove proposed district land acquisitions; (…

(1) Before the commissioner of sanitation districts shall establish a district, a petition, approved as to propriety and necessity by the county board of health of each county affected, shall be filed with the commissioner, containing valid signatures of sixty percent (60%) of th…

The petition shall contain: (1) The proposed name of the district, which shall be "Sanitation District No. .... of .... County (or Counties), Kentucky." (2) The necessity for the proposed work and that it will be conducive to the public health, safety, comfort, convenience or wel…

No petition with the requisite number of valid signatures shall be declared void on account of alleged defects, but the commissioner may at any time permit the petition to be amended in form and substance to conform to the facts, by correcting any errors in the description of the…

At the time of filing the petition, or at any time subsequent thereto and prior to the time of the giving of notice by the commissioner, as hereinafter provided, the petitioners shall either file bond with the commissioner with security approved by him, or deposit cash or securit…

city property restricted. (1) When the petition is filed with the commissioner, he shall investigate at once the boundary of the district proposed to be organized, and may, at the cost of the petitioners, cause to be made surveys necessary to establish with reasonable accuracy a …

When sixty percent (60%) of those qualified within the boundary fixed by the commissioner are found to have petitioned for the establishment of a sanitation district, and the commissioner has established the boundaries thereof, the commissioner shall give notice of the applicatio…

Any owner of real property in the proposed district who has not signed the original petition for the creation of the district and who wishes to object to the organization of the district shall, within sixty (60) days after the giving of notice by the commissioner, file his petiti…

district -- Corporate name. (1) If no suit is filed against the commissioner under KRS 220.100, or if suit is filed and final judgment in the Circuit Court or an appeal is in favor of the commissioner, the commissioner shall forthwith declare the district organized into a sanitat…

(1) Following a public hearing as provided in subsection (2) of this section, the fiscal court may alter the boundaries of a sanitation district by reducing its area or may dissolve a sanitation district if that sanitation district has for a period of two (2) consecutive years fa…

The certificate establishing the district shall be deemed final and binding upon the real property in the district, and shall finally and conclusively establish the regular organization of the district against all persons except the state upon suit commenced by the Attorney Gener…

The commissioner shall designate in the certificate the place where the office of the district shall be located, which shall be within the corporate limits of the district if practicable. The place may be changed by the board of directors of the district from time to time, by the…

systems effective July 1, 1995 -- City's option not to be assumed -- Dissolution of municipal subdistricts -- Effects of assumptions and dissolutions -- Uniformity of district rates. (1) Notwithstanding the provisions of KRS 220.080, the jurisdictional boundaries of a sanitation …

Appointment -- Terms -- Vacancies. Within twenty (20) days after the commissioner certifies to the county clerk of each county in which the district is located that the district is incorporated, there shall be appointed a board of directors for the district, consisting of three (…

(1) Each director, before entering upon his official duties, shall take and subscribe to an oath that he will honestly, faithfully and impartially perform the duties of his office, and that he will not be interested in any contract let for the purpose of carrying out any of the p…

A majority of the directors shall constitute a quorum, and concurrence of the majority in any matter within the duties of the board shall be sufficient for its determination. All actions taken by the directors shall be by resolution, and in each instance the name and vote of each…

Regulations -- Resolution of complaints. (1) The board of directors shall, upon taking oath, elect one (1) of their members as president of the board, and shall select some suitable person as secretary, who need not be a member of the board. The secretary shall serve as treasurer…

The secretary shall be the custodian of the seal, minutes and records of the district, and shall assist the board of directors in such particulars as the board directs in the performance of its duties. The secretary shall attest, under the seal of the district, such records as ar…

The treasurer shall keep an accurate account of all money received or disbursed by the district, make periodic accountings and reports thereof as directed by the board of directors, make regular semiannual accountings, assist any auditors employed by the board to check the financ…

The board of directors may employ an attorney and a chief engineer for the district, who shall hold office at the pleasure of the board and who shall give such bond as is required by the board. The board may employ such other engineers, attorneys, agents and assistants as may be …

(1) The board of directors of any sanitation district is authorized to form their employees into a group, or groups, for the purpose of obtaining the advantages of the group plan of life insurance. (2) The premiums may be paid by the policyholder wholly from funds contributed by …

The chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board of directors each year, or more often if required. He shall make such suggestions and recommendations to the board as he deems proper, and shall advise the boar…

The board of directors shall cause to be prepared a plan for the improvements for which the district was created. The plan shall include such maps, profiles, plans and other data and descriptions as are necessary to set forth properly the location and character of the work, with …

If the board of directors finds that any former survey made by any other district or in any other manner is useful for the purposes of the district, the board may take over the data secured for such survey, or such other proceedings as may be useful to it, and if required may pay…

Upon the completion of the plan the board of directors shall submit it to the Energy and Environment Cabinet for approval. If the Energy and Environment Cabinet refers the plan back for amendment, the board of directors shall prepare and submit an amended plan. If the Energy and …

Upon the approval of the official plan by the Natural Resources and Environmental Protection Cabinet the board of directors shall pass a resolution accepting the official plan as final and fixing all financing, taxes and rentals as authorized by KRS 220.010 to 220.520 necessary f…

Violation is nuisance. After the establishment of the district and the organization of the board of directors, no person or public corporation shall install within the district any laterals, trunk lines, interceptors for the collection or discharge of sewage or other liquid waste…

The board of directors may devise, prepare for, execute, maintain and operate any or all works, or improvements necessary or desirable to complete, maintain, operate and protect the works provided for by the official plan. They may secure and use persons and equipment under the s…

authorized -- Rights as to public corporations -- Annual audit. (Effective until July 1, 2027) (1) The powers of the board of directors shall be limited to the construction, maintenance and operation of such works as are necessary to carry out the purposes of the district in impr…

The board of directors of a sanitation district may make contracts or other arrangements to provide for the collection, disposal and treatment of sewage and other liquid wastes produced outside of the district, as the board of directors may determine; provided, however, that this…

All contracts for work, material or supplies that may exceed one thousand dollars ($1,000) shall be advertised for bids by publication pursuant to KRS Chapter 424 within the district where the work is to be done or the materials or supplies used. The contract shall be let to the …

The district may acquire by gift, devise, bequest, grant or purchase solely from the funds provided under the authority of KRS 220.010 to 220.520, such real property and interests therein as are necessary to accomplish its purpose, upon terms, privies or considerations deemed rea…

district's boundaries. A sanitation district may enter into agreements with another entity or entities to acquire by purchase or lease, any real or personal property, or any interest, right, easement, or privilege therein, outside of the district's jurisdictional boundaries, in c…

The board of directors may, by resolution reciting the need, order the condemnation for the district of any real property or interest therein that may, in the opinion of the board, be necessary for the proposed construction of any structure authorized by KRS 220.010 to 220.520, a…

Enforcement -- Penalties and damages. Where necessary in order to secure the best results from the construction, operation, and maintenance of the works and improvements of the district or construction subdistricts and to prevent their damage from misuse, the board of directors m…

of board -- Use of funds -- Fees -- Responsibility of property owner. (1) Notwithstanding any other provision of this chapter, the board of directors of the district may adopt rules requiring owners of property within the district whose property is served by a connection of sewer…

Any person or public corporation having buildings, structures, works, conduits, mains, pipes, tracks or other physical obstructions in, over or upon the public streets, lanes, alleys or highways that interfere with or impede the progress of construction, maintenance or repair of …

The board of directors may establish and maintain stream gages and rain gages, and may make such surveys and examinations of rainfall, stream flow and other scientific and engineering subjects as are necessary and proper for the purpose of the district. The board may issue report…

others -- Operations in adjoining states. The board of directors may enter into contracts or other arrangements with the United States government or any department thereof, with persons and public corporations, with the government of this or any other state and with sewerage, dra…

The board of directors, as soon as duly appointed and qualified, may levy one (1), two (2), or three (3) annual taxes, which taxes need not be in successive years, or not more than fifteen cents ($0.15) upon each one hundred dollars ($100) of assessed valuation of property within…

To facilitate the preliminary work and payment of that work, the board of directors may borrow money for the district at a rate or rates or method of determining rates as they may determine, and may issue and sell, or deliver directly to its creditors, negotiable warrants signed …

(1) To defray the cost of organizing the district and the preliminary expense after organization, and for the purpose of acquiring any sanitary works authorized by KRS 220.010 to 220.520, and any appurtenances or extensions thereto, either by purchase or construction, the distric…

Bonds authorized under the provisions of KRS 220.380 to 220.520 may be issued bearing interest determined by the procedures set forth in KRS 58.430, and shall be executed in such manner and be payable at such time, not exceeding forty (40) years from the date thereof, and at such…

debt. Bonds issued under the provisions of KRS 220.380 to 220.520 shall be negotiable and shall not be subject to taxation. If any officer whose signature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, his signature shall nevertheless be val…

All money received from any bonds issued pursuant to KRS 220.380 to 220.520 shall be applied solely for the purposes set forth in KRS 220.030 and 220.380, except that the money may be used also to advance the payment of interest on the bonds during the first three (3) years follo…

There shall be a statutory mortgage lien upon all property of the sanitation district in favor of the holders of the bonds and coupons, to secure payment of the bonds and coupons. The sanitary works constructed or acquired by the board of directors, together with any extensions a…

If there is any default in the payment of the principal or interest of any of the bonds, any court having general equity jurisdiction may appoint a receiver to administer the property of the district on behalf of the district, with power to charge and collect rates sufficient to …