KRS 220.322: Disconnections, reconnections, and relocations of water inflows -- Powers

of board -- Use of funds -- Fees -- Responsibility of property owner.

(1) Notwithstanding any other provision of this chapter, the board of directors of the

district may adopt r ules requiring owners of property within the district whose

property is served by a connection of sewers maintained and operated by the district

or whose sewers are connected to interceptor sewers maintained and operated by the

district to:

(a) Disconnect storm water inflows to sanitary sewers maintained and operated by

the district and not operated as a combined sewer, or to connections with these

sewers;

(b) Disconnect nonstorm water inflows to storm water sewers to the extent the

sewers are maintained an d operated by the district and not operated as a

combined sewer, or to connections with these sewers;

(c) Reconnect or relocate any disconnected inflows in compliance with rules and

regulations of the district and applicable building codes, health codes, o r other

relevant law or administrative regulation.

(2) Any inflow required to be disconnected under a rule adopted pursuant to this

chapter shall constitute a nuisance subject to injunctive relief and abatement

pursuant to this chapter, or as otherwise permitted by law.

(3) The board of directors of a district may expend district funds, and other moneys

from state or federal sources to the extent permitted by their terms, loans, or grants,

for either of the following:

(a) The cost of disconnections, reconne ctions, or relocations required by rules

adopted pursuant to this chapter, performed by district personnel or persons

under contract with the district;

(b) Payments to the property owner or a contractor hired by the property owner

pursuant to a competitive process for the cost of disconnections,

reconnections, or relocations required by rules adopted pursuant to this

chapter after the board of directors has approved the work to be performed and

after the district has received from the property owner a state ment releasing

the district from all liability in connection with the disconnections,

reconnections, or relocations.

(4) Except as provided in subsection (6) of this section, the board of directors of the

district shall require in its rules regarding disco nnections, reconnections, or

relocations of sewers the reimbursement of moneys expended pursuant to

subsection (3) of this section. This shall be done by the district assessing a charge to

the property owner in the amount of the payment made pursuant to subsection (3) of

this section for immediate payment or payments in installment with interest as

determined by the board of directors not to exceed ten percent (10%). The payments

may be billed as a separate item and in addition to any other fees charged to that

owner for the usage of the sewers as may be required by the district. The board of

directors may approve installment payments for a period of not more than fifteen

(15) years. Charges not paid when due may cause the board of directors to compel

payment in the manner authorized in this chapter and the rules and regulations of

the district.

(5) The district may specify the maximum amount of the cost of any disconnection,

reconnection, or relocation required pursuant to subsection (1) of this section that

may be paid by the district for each affected parcel of property without requiring

reimbursement. The board of directors shall determine the maximum amount for

each qualifying parcel that does not need to be reimbursed.

(6) Disconnections, reconnections, or relocations required under this section performed

by a contractor under contract with the property owner shall not be subject to

competitive bidding laws of the Commonwealth of Kentucky.

(7) Property owners shall be responsible for maintaining any impro vements made to

private property to reconnect or relocate disconnected inflows pursuant to this

section unless a recorded public easement, dated prior to January 1, 1994, exists

requiring maintenance by a city, county or sanitation district.

(8) No provisions of this section shall apply to any municipal customer of the district

which as of January 1, 1998, owns, operates, and maintains a separate storm sewer

utility, provided the utility is adequately funded and performs at a level that is equal

to or great er than the storm water facilities of the district capitalized. All these

municipal customers shall only be responsible for the cost of that municipal facility.