2011 Kentucky Revised Statutes CHAPTER 65 GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.8917 Managing board -- Powers and duties of regional wastewater commission -- Property and income exempt from tax.
KY Rev Stat § 65.8917 (1996 through Reg Sess) What's This?
65.8917 Managing board -- Powers and duties of regional wastewater commission - Property and income exempt from tax.
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The commissioners shall constitute the managing board of the commission. The
commission shall be a public corporation, and a public body corporate and politic,
and a local public agency with the powers and duties in its corporate name to:
(a) Execute contracts or be contracted with;
(b) Sue and be sued;
(c) Adopt and alter its corporate seal, at its own pleasure;
(d) Make loans and issue and repay revenue bonds, or other instruments of
indebtedness;
(e) Receive proceeds from loans and grants;
(f) Purchase, acquire, own, hold, and dispose of all real and personal property
necessary for carrying out its corporate purposes; and
(g) Exercise any powers, duties, and requirements for carrying out its corporate
purposes in the manner prescribed in KRS 58.010 to 58.190 and KRS Chapter
224A.
The commission shall have full and complete supervision, management, and control
over all of its facilities. The commission shall prescribe standards for the quality
and characteristics of the wastewater it accepts into its facilities, including standards
as are required under state and federal law. All matters relating to the following
shall be clearly set forth in commission policy and procedures and promulgated to
the governing bodies of all the member entities of the commission:
(a) Procurement of professional services;
(b) Construction of facilities;
(c) Accepting, metering, conveying, and treating influent from all waste streams;
and
(d) Handling of treatment process solids and effluent.
It shall be the role and duty of the commission to:
(a) Plan for and provide site and technology appropriate facilities and services
relating to any type or aspect of wastewater collection, transportation, or
treatment to achieve the best benefit for the customers of its member entities;
(b) Protect and enhance the environmental quality of the watershed in which those
facilities and services are located;
(c) Actively participate in the planning activities of the 2020 water management
planning councils established pursuant to KRS Chapter 151, that serve the
regions in which the commission has facilities;
(d) Use the configuration of available and proposed wastewater facilities that is
the most cost-effective in safeguarding the waters of the Commonwealth from
pollution, and providing wastewater infrastructure appropriate for the
customers of the member entities; and
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Ensure that any construction or expansion of any wastewater facility proposed
by a commission is consistent with the regional facilities plan adopted by the
member entities of the commission and approved by either the Division of
Water or the United States Environmental Protection Agency.
For the purpose of ensuring proper collection, transportation, and treatment of
wastewater and in the furtherance of its purpose, the commission may collect and
treat or contract with others to collect and treat any portion of its overall waste load.
The commission's property and income, along with any bonds or financial
instruments issued by the commission or income derived from those bonds or
financial instruments, shall be exempt from taxation.
The commission shall adopt and comply with KRS 45A.343, 45A.345 to 45A.360,
45A.735, 45A.740, 45A.745, and 45A.750 of the Kentucky Model Procurement
Code and conduct all its business and financial activities according to approved
governmental fiscal procedure. The commission shall procure the services of a
certified public accountant to conduct an audit of all funds and fiscal transactions
annually, providing copies of the audit report to the governing bodies of its member
entities.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 98, sec. 9, effective June 8, 2011.
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