KRS § 65.8917 — KY Code / Title IX / Chapter 65 / Section 65.8917
65.8917 Managing board -- Powers and duties of regional wastewater commission -- Property and income exempt from tax
Status: in_force

65.8917 Managing board -- Powers and duties of regional wastewater commission -

- Property and income exempt from tax.

(1) 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.

(2) 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.

(3) 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

(e) 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.

(4) 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.

(5) 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.

(6) 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.