KRS 65.8923: Acquisition of appropriate sites, facilities, and funding.

(1) For the purpose of acquiring all or part of the facilities necessary to collect,

transport, and treat wastewater, the commission may purchase facilities and

equipment from member entities and others for mutually agreed upon terms not to

exceed the actual v alue of the facilities and equipment. Notwithstanding any

provision of law to the contrary, a member entity of the commission or other entity

may convey ownership of the facility or equipment to the commission without an

election or voter approval.

(2) If a member entity has any outstanding debt obligation related to any facility or

equipment proposed to be acquired by the commission, the commission may either

make sufficient purchase payment to the owner to cover debt obligations or assume

the debt obligat ions in its name pursuant to a sales agreement and any other

instruments deemed appropriate by legal counsel. If the commission makes cash

payment to the owner for the equipment or facility, it shall be a condition of sale

that any outstanding debt obligat ion associated with the equipment or facility be

retired by the owner at the time of sale.

(3) The commission may secure funding from state and federal grants and loan

programs, nonprofit associations, and private lending institutions and may issue

revenue bonds to acquire, construct, improve, or extend facilities for the collection,

transportation, or treatment of wastewater. Loans and bonds shall be payable solely

from the revenues derived pursuant to contracts for wastewater collection,

transportation, and treatment services with member entities or other entities.

(4) For the purpose of securing appropriate sites, facilities, and required funding, the

commission shall be vested with all the powers, duties, and responsibilities as

delegated and granted to a governmental agency under the terms and provisions of

KRS 58.010 to 58.190 and KRS Chapter 224A.

(5) A commission shall not assume responsibility for payment of any fines or penalties

incurred by a member entity or other party and owed at the time of for mation of a

commission or contracting with that party, as a result of an agreed order,

enforcement action, or other resolution of alleged violation of any provision of the

Clean Water Act.