2021 Kentucky Revised Statutes Chapter 224 - Environmental protection Subchapter 224.73 - Sewage Treatment 224.73-150 Conditions for appointment of receiver to manage and operate privately owned small wastewater treatment plant -- Attachment and control of plant's assets -- Hearings, permitted actions, and orders.
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224.73-150
Conditions for appointment of receiver to manage and operate
privately owned small wastewater treatment plant -- Attachment and control
of plant's assets -- Hearings, permitted actions, and orders.
(1)
(2)
(3)
(4)
(5)
(6)
The cabinet may seek to have a receiver appointed to assume the management and
operation of a privately owned small wastewater treatment plant if the plant:
(a) Presents a threat or likely threat to the public health or the environment;
(b) Is in substantial and recurring noncompliance with its discharge permit as
issued by the cabinet; or
(c) The owner is unable or unwilling to operate or to provide for the proper
operation of the plant.
If the cabinet, after following the procedures and conducting a hearing in
accordance with KRS 224.10-410 or 224.10-420 and the administrative regulations
promulgated thereunder, enters an order in which it finds that a plant meets any of
the conditions of subsection (1) of this section, and after notification to the Public
Service Commission if the plant is a utility as defined in KRS 278.010(3)(f), the
cabinet may bring an action in the Franklin Circuit Court for an order attaching the
assets of the plant and placing those assets under the sole control and responsibility
of a receiver.
Within twenty (20) days after commencing an action in Franklin Circuit Court, the
cabinet shall file a certified copy of the record of the administrative proceeding in
which the secretary of the cabinet entered his or her findings.
During the pendency of any receivership, the receiver may bring or defend any
cause of action on behalf of the owner of the plant as the court may authorize,
including an action to raise rates or institute surcharges as necessary to properly
operate, maintain, restore, and rehabilitate the plant and to pay the costs, fees, and
expenses of the receiver.
The receiver shall control and manage the assets and operations of the plant until
the Franklin Circuit Court, after reasonable notice and hearing, orders the receiver
to return control of those assets to the plant's owner or to liquidate and transfer
those assets as provided by law.
(a) Notwithstanding subsection (2) of this section, the cabinet, after notification
to the Public Service Commission if the plant is a utility as defined in KRS
278.010(3)(f), may petition the Franklin Circuit Court to appoint a temporary
receiver to operate and manage the assets of the plant meeting the conditions
set out in subsection (1) of this section.
(b) After notice to the owner of the plant, and after notification to the Public
Service Commission if the plant is a utility as defined in KRS 278.010(3)(f),
the court may grant a petition for the appointment of a temporary receiver, on
terms and conditions as it deems appropriate, upon a showing by a
preponderance of the evidence:
1.
That the plant is an immediate threat to the public health, safety, or the
environment;
2.
There is an immediate threat to the continued availability of service to
3.
the customers served by the plant; and
That the delay required for the cabinet to follow the procedures and
conduct a hearing in accordance with subsection (2) of this section
would place the public health or safety, the environment, or continued
wastewater treatment service at unnecessary risk.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 196, sec. 3, effective July 14, 2018.
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