2021 Kentucky Revised Statutes Chapter 220 - Sanitation districts 220.135 Boundaries of multicounty districts -- Assumption by district of city 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.
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220.135
Boundaries of multicounty districts -- Assumption by district of city
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)
(2)
(3)
(4)
(5)
Notwithstanding the provisions of KRS 220.080, the jurisdictional boundaries of a
sanitation district organized or operating under KRS Chapter 220 shall be
coextensive with the jurisdictional boundaries of the counties it was organized to
serve if the district was organized to serve two (2) or more counties, and no other
district has been organized to serve the counties. All cities of the home rule class
located in a county which is part of a sanitation district as described in this section
shall be included in the jurisdictional boundaries of the sanitation district.
(a) Effective July 1, 1995, the operational sewer and drainage system of each city
located within the jurisdictional boundaries of the district, together with all
assets, other than cash accounts, and liabilities of the system, as of January 1,
1994, including but not limited to, sewers, easements, manholes, pumping
stations, force mains, and real property, shall become the property, personal
and real, of the sanitation district.
(b) If funds in a cash account are in escrow or otherwise contractually connected
to a certificate of indebtedness related to the sewer and drainage system, the
funds shall become the property of the district. If funds in a cash account are
derived from a sewer user fee or sanitation bill surcharge, the city may use
them to reduce its obligation to the district created by subsection (5)(a) of this
section, or the city may return the funds to the citizens. If the funds in a cash
account were generated from a general fund source and are not in escrow or
otherwise obligated, the city may retain the funds for its own purposes.
Any city within the jurisdictional boundaries of the district may, before September
1, 1994, state by ordinance its intention not to become a part of the district. In this
case, the provisions of subsection (2) of this section shall not apply, and the city
shall retain ownership and control of and responsibility for its sewer and drainage
system. The city shall be solely responsible for compliance with applicable
regulations promulgated by the Energy and Environment Cabinet.
Any municipal subdistrict established prior to July 15, 1994, shall be dissolved
effective July 1, 1995, and the assets and liabilities of the subdistrict, as of January
1, 1994, shall become the property, personal and real, of the sanitation district,
unless the city, no later than September 1, 1994, provides by ordinance that the
municipal subdistrict shall revert to the city. If the city provides for the reversion of
the subdistrict to the city, the assets and liabilities of the subdistrict shall become
the property, personal and real, of the city. The city shall be solely responsible
thereafter for compliance with applicable regulations promulgated by the Energy
and Environment Cabinet.
(a) When a municipal subdistrict is dissolved pursuant to subsection (4) of this
section, or a city sewer and drainage system is transferred pursuant to
subsection (2) of this section, and its assets are transferred to the district, the
city, or municipal subdistrict, shall pay the district fifty percent (50%) of the
(b)
(c)
(d)
(6)
(a)
(b)
(c)
(d)
(7)
(a)
(b)
cost of necessary repairs to its facilities as identified through the district's
sanitary sewer inspection program. These costs shall be payable upon
completion of the repairs identified by the district, and may be paid by lump
sum or in installments over a period of time agreeable to the city or the
municipal subdistrict and the district.
A city may continue its sewer maintenance surcharge until the accumulated
principal plus interest thereon is sufficient to pay the charges levied by the
district pursuant to paragraph (a) of this subsection.
Any county that joins the district after July 15, 1994, may levy sewer
surcharges or other fees, which shall be added to the customers' district bill for
the purpose of enabling the county to pay pre-existing obligations to the
district.
For a period of ten (10) years, the district may grant to each city or county a
credit for each new residential customer added which shall not exceed three
hundred dollars ($300) against the debt created by subsection (5)(a) of this
section, or any other contractual liability pre-existing on June 30, 1994. The
district may adopt a general policy establishing a credit of a different amount
for each new nonresidential customer added.
After July 15, 1994, no new package sewage treatment plant shall be
constructed or begin operation within the jurisdictional boundaries of the
district unless the district, after review of the plans for construction and
operation of the plant, approves the plans.
After January 1, 1995, no privately owned package sewage treatment plant
shall operate within the jurisdictional boundaries of the district unless it has
been issued a permit by the district or by the Energy and Environment
Cabinet.
On or before January 1, 2000, the district shall assume ownership of all
publicly owned package sewage treatment plants within its jurisdictional
boundaries, including all assets and liabilities as of January 1, 1994, and all
property, real and personal.
The district shall plan for, and when economically feasible, transfer the
function of sewage treatment from package plants to central treatment
facilities.
Effective July 1, 1995, the district shall be responsible for the planning,
construction, improvement, operation, and maintenance of all sewer and
drainage facilities under its ownership, including combined sewer overflows,
and for compliance with all applicable regulations promulgated by the Energy
and Environment Cabinet.
The district shall establish uniform rates for its services throughout its
jurisdiction, and district rates shall vary only on the basis of consumption.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 278, effective January 1, 2015. -Amended 2010 Ky. Acts ch. 24, sec. 330, effective July 15, 2010. -- Amended 1994
Ky. Acts ch. 490, sec. 1, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 330,
sec. 1, effective July 15, 1988.
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