2014 Kentucky Revised Statutes CHAPTER 211 - STATE HEALTH PROGRAMS 211.350 On-site sewage disposal systems -- Electronic database -- Reports -- Regulations -- Issuance of permits -- Site evaluations and approval of system designs by local health department or licensed professional engineer -- Notices of release for electrical wiring -- Fees -- Farmstead sewage disposal systems.
Download as PDF
211.350 On-site sewage disposal systems -- Electronic database -- Reports -Regulations -- Issuance of permits -- Site evaluations and approval of
system designs by local health department or licensed professional
engineer -- Notices of release for electrical wiring -- Fees -- Farmstead
sewage disposal systems.
(1)
(2)
(3)
(4)
(5)
The cabinet shall regulate the construction, installation, or alteration of on-site
sewage disposal systems except for systems that have a surface discharge.
The cabinet shall create and maintain an electronic database for Kentucky
on-site wastewater systems information, which for each system shall include
but not be limited to permit application date, permit application status, system
installation date, system type, latitude and longitude of system, records of
system plan and site evaluations, inspection dates, and the condition of system
at time of inspection. The cabinet shall within twenty-four (24) months of July
12, 2006, annually report to the Governor and the Legislative Research
Commission on the status of on-site systems statewide, including numbers and
types of systems, summaries of conditions of systems, geographic distribution,
observations of trends, and recommendation for future protection of public
health and safety with on-site sewage disposal systems.
The Department for Public Health shall maintain a current list of approved and
experimental on-site wastewater treatment technologies and shall make this list
available, and guidance and expertise, to local health departments, which will
provide it to on-site wastewater professionals and permit applicants.
Site evaluations shall be completed by the local health department within
fifteen (15) working days of receipt of the application. If further information is
required, the local health department shall promptly notify the applicant and
shall have an additional ten (10) working days after that submittal of additional
information in which to evaluate and issue or deny the permit. It shall be the
responsibility of the property owner or owner's agent to protect and maintain
the suitability of an approved site and to notify the local health department for a
reinspection if site conditions substantively change. If a site previously
determined to be suitable is thereafter declared unsuitable by the local health
department, remedial measures shall be provided in writing to the property
owner or owner's agent within fifteen (15) working days.
After the conclusion of the site evaluation, the local health department shall,
upon request, provide a list of all options that may be approved for the
property, including new and emerging technologies. It shall be the
responsibility of the owner of advanced treatment, alternative, experimental, or
new and emerging technology systems to contract with a management entity,
certified system operator, or trained system operator to develop and implement
an approved operations and maintenance plan specific to, and appropriate for,
the approved system.
No person, firm, or corporation shall construct, install, alter, or cause to be
constructed, installed, or altered, any on-site sewage disposal system subject
to regulation by the cabinet without having first obtained an on-site sewage
disposal permit from the local health department. In lieu of inspection and
certification by the local health department a licensed professional engineer in
private practice licensed by the Commonwealth of Kentucky may perform site
(6)
(7)
(8)
evaluations and approve system designs for an on-site sewage disposal
system for the person, firm, or corporation and apply for the permit from the
local health department. The final systems installation inspection shall be
performed by the local health department as soon as practicable. All applicable
provisions of KRS Chapter 322 shall govern the licensed professional
engineer. A professional engineer shall not perform site evaluations, approve
system designs, or certify system installations of an on-site sewage disposal
system on property owned by himself, an employee, or a partner of an
engineering firm by which he is employed, or on property owned by the
engineering firm. Nothing in this section shall be construed to deny a farmstead
owner the right to obtain a permit. Except for farmstead owners on their own
property, the construction, installation, or alteration shall be performed only by
a person certified by the cabinet pursuant to KRS 211.357.
A local health department that issues a permit for an on-site sewage disposal
system based on the site evaluation or system design of a licensed
professional engineer in private practice licensed by the Commonwealth of
Kentucky shall not be held liable for any defects or failures of the on-site
sewage disposal system due to the site evaluation or system design.
No person, firm, or corporation shall use or continue to use or permit the use or
continued use of any on-site sewage disposal system that is constructed,
installed, or altered under an on-site sewage disposal permit if the cabinet or
local health department through a duly authorized inspector, employee, agent,
or licensed professional engineer in private practice licensed by the
Commonwealth of Kentucky finds that the system was not constructed,
installed, or altered in conformance with the permit and regulations issued by
the cabinet.
No certified electrical inspector acting under authority of KRS 227.491 shall
issue the certificates of approval of temporary or permanent electrical wiring
unless the inspector has in his or her possession a notice of release as
described in paragraphs (a) and (b) of this subsection. The inspector shall
record the number of the notice of release on the certificate of approval. The
person requesting approval of electrical wiring shall be responsible for
obtaining the release from the local health department and providing it to the
electrical inspector. This requirement shall only apply to dwellings, mobile
homes, manufactured housing, buildings, or other structures that are
constructed or installed after July 15, 1998. This requirement shall not apply to
structures that do not have sewage waste fixtures or to those that are
connected to a sewage waste disposal system approved by the Energy and
Environment Cabinet. Nothing in this section shall be construed to deny the
continued use of any electrical service connected to wiring approved prior to
July 15, 1998.
(a) An initial notice of release to allow temporary electrical power for
construction shall be issued to the property owner or owner's agent by the
local health department upon the application for a site evaluation.
(b) A final notice of release to allow for permanent electrical power shall be
issued to the property owner or owner's agent by the local health
department upon approval of an on-site sewage disposal plan.
(c)
This section shall not apply to any county that has adopted the Uniform
State Building Code and has and enforces on-site sewage disposal
permitting.
(9) All applications for on-site sewage disposal permits shall be accompanied by
plans and specifications for the proposed system, including results of soils
tests and other information as directed by the cabinet by regulation. If the site
evaluation or approval of the system design is performed by a licensed
professional engineer in private practice licensed by the Commonwealth of
Kentucky, the application shall be accompanied by a statement by the engineer
that he has met the requirements of the regulations issued by the cabinet for
site evaluation and system design. Any action to deny an application shall be
subject to appeal, and upon appeal an administrative hearing shall be
conducted in accordance with KRS Chapter 13B.
(10) The cabinet shall fix a schedule of fees for the functions performed by the
cabinet relating to the regulation of on-site sewage disposal systems. The fees
shall be designed to fully cover the cost of the service performed but shall not
exceed the cost of the service performed. Fees payable to the cabinet shall be
paid into the State Treasury and credited to a trust and agency fund to be used
by the cabinet in carrying out its responsibilities relating to the regulation of
on-site sewage disposal systems. No part of the fund shall revert to the general
fund of the Commonwealth.
(11) Any regulation relating to on-site sewage disposal that is in effect on July 15,
1992, shall remain in effect until altered by the secretary. The secretary may
issue additional regulations necessary to carry out the purposes of this section.
(12) Nothing in this section shall authorize or allow the cabinet to inspect or take
enforcement action against on-site sewage disposal systems installed on
farmsteads prior to July 15, 1992, or modifications to those systems unless the
actions are determined in writing by the cabinet, upon a written, verified
complaint, to be necessary to prevent imminent harm or damage to the safety,
life, or health of a person. In this instance, the cabinet shall deliver to the
landowner a copy of the written determination and the verified complaint prior
to the commencement of the inspection or enforcement action.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 310, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 191, sec. 1, effective July 12, 2006. -- Amended
2001 Ky. Acts ch. 117, sec. 1, effective March 19, 2001. -- Amended 1998 Ky.
Acts ch. 570, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318,
sec. 105, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 216, sec. 2,
effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 372, sec. 2, effective July
15, 1988. -- Amended 1986 Ky. Acts ch. 354, sec. 1, effective July 15, 1986. -Amended 1984 Ky. Acts ch. 387, sec. 1, effective July 13, 1984. -- Created 1982
Ky. Acts ch. 392, sec. 1, effective July 15, 1982.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.