65.8905 Procedure for forming regional wastewater commission.

425 words·~2 min read·/ky/chapter-65/65-8905

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any two

(2)or more member entities owning wastewater systems may jointly:

(a)Acquire and construct wastewater collection, transportation, and treatment

facilities;

(b)Operate and manage those facilities; and

(c)Improve and extend those facilities in any manner permitted under law.

(2)The governing body of a member entity owning a wastewater system that wants to

form a regional wastewater commission shall adopt a resolution or ordinance

electing to participate with other member entities to perform any of the functions

authorized under subsection

(1)of this section.

(3)Upon the adoption of an ordinance or resolution by the governing body of each

member entity or a decision by a local, state, or federal agency owning a wastewater

system to participate in a commission, a certified copy of each member entity's

action shall be filed with the organizing official.

(4)Prior to the adoption by the governing body of any member entity of a resolution or

ordinance proposing participation in a commission, that governing body shall

publish notice in accordance with KRS Chapter 424 and shall set a date for a public

hearing regarding the creation of the commission and shall give at least thirty

days' prior notice of the hearing. The notice shall include, at a minimum:

(a)An explanation of the scope of the geographic area proposed to be served by a

commission; and

(b)A description of the anticipated benefits to the residents in the geographic area

served by the member entity of membership by that entity in a commission.

A resident, sewer customer, or citizen of the Commonwealth affected by a member

entity proposing to establish a commission may submit written or oral comments

and objections to the member entity, which shall provide a written statement of

consideration of comments received.

(5)The member entity shall enter an order of decision along with specific findings for

the decision. The organizing official among the member entities seeking to form a

commission shall establish the commission, designating it as a "regional wastewater

commission," if, after the public hearing and consideration of all comments and

objections received, those member entities have adopted a resolution or ordinance,

as appropriate, finding that:

(a)The establishment of a commission is in the furtherance of the public health,

convenience, and benefit to the customers of the member entities proposing

the creation of the commission; and

(b)The establishment of a commission can reasonably be expected to result in the

improvement of the environment over that which would occur in the absence

of the formation of the commission.