KRS 211.350: On-site sewage disposal systems -- Electronic database --

Information made available -- 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) 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 make data from this system available

upon request.

(2) The Department for Public Health shall maintain a current list of approved and

experimental on-site wastewater treatment technologies and greywater

technologies, which the department shall make available, along with guidance

and expertise, to local health departments. Local health departments shall

provide the list of approved technologies to on-site wastewater professionals

and permit applicants. With respect to on-site sewage disposal systems that

utilize greywater to reduce total daily waste flows, the local health department

shall inform the permit applicant, at the time of making an application to

construct an on-site sewage disposal system that utilizes greywater to reduce

daily waste flows, of the opportunity to consult with the environmental health

program evaluators in the Division of Public Health Protection and Safety

regarding the administrative regulations, permit requirements, and permissible

system designs for inclusion and use of greywater.

(3) 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.

(4) 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.

(5) 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

evaluations and approve system designs for an on-site sewage disposal

system including those systems that utilize greywater for reductions in daily

waste flows 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.

(6) A local health department that issues a permit for an on-site sewage disposal

system, including systems that utilize greywater to reduce total daily waste

flows, 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.

(7) 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, including those systems

that utilize greywater to reduce total daily waste flows, 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.

(8) 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, except that

administrative regulations that govern total daily waste flows shall be updated

in accordance with KRS 211.351. 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.

(13) As used in this section:

(a) "Blackwater" means wastewater containing liquid or solid waste

generated through use of a urinal, water closet, garbage disposal, or

similar sanitary fixture; and

(b) "Greywater" means wastewater generated by hygiene activities, including

but not limited to wastewater from laundry, lavatory sinks, and showers,

but shall exclude kitchen sinks and food preparation sinks. "Greywater"

does not include blackwater.