{"data":{"id":"us-ky/krs-211.350","jurisdiction":"us-ky","citation":"KRS 211.350","heading":"On-site sewage  disposal systems  -- Electronic database  --","body":"Information made  available -- Regulations -- Issuance of permits -- Site\nevaluations and approval of system designs by local health department\nor  licensed professional engineer -- Notices of release for electrical\nwiring -- Fees -- Farmstead sewage disposal systems.\n(1) The cabinet shall regulate the construction, installation, or alteration of on-site\nsewage  disposal systems except for systems that have a surface discharge.\nThe  cabinet shall create and maintain an electronic database for Kentucky\non-site wastewater systems information, which for each system shall include\nbut not be limited to permit application date, permit application status, system\ninstallation date, system type, latitude and longitude of system, records of\nsystem plan and site evaluations, inspection dates, and the condition of system\nat time of inspection. The cabinet shall make data from this system available\nupon request.\n(2) The Department for Public Health shall maintain a current list of approved and\nexperimental on-site wastewater treatment technologies and  greywater\ntechnologies, which the department shall make available, along with guidance\nand  expertise, to local health departments. Local health departments shall\nprovide the list of approved technologies to on-site wastewater professionals\nand  permit applicants. With respect to on-site sewage disposal systems that\nutilize greywater to reduce total daily waste flows, the local health department\nshall inform the permit applicant, at the time of making an application to\nconstruct an on-site sewage disposal system that utilizes greywater to reduce\ndaily waste flows, of the opportunity to consult with the environmental health\nprogram  evaluators in the Division of Public Health Protection and Safety\nregarding the administrative regulations, permit requirements, and permissible\nsystem designs for inclusion and use of greywater.\n(3) Site evaluations shall be completed by the local health department within\nfifteen (15) working days of receipt of the application. If further information is\nrequired, the local health department shall promptly notify the applicant and\nshall have an additional ten (10) working days after that submittal of additional\ninformation in which to evaluate and issue or deny the permit. It shall be the\nresponsibility of the property owner or owner's agent to protect and maintain\nthe suitability of an approved site and to notify the local health department for a\nreinspection if site conditions substantively change. If a site previously\ndetermined to be suitable is thereafter declared unsuitable by the local health\ndepartment, remedial measures shall be provided in writing to the property\nowner or owner's agent within fifteen (15) working days.\n(4) After the conclusion of the site evaluation, the local health department shall,\nupon  request, provide a list of all options that may  be approved for the\nproperty, including new  and  emerging  technologies. It shall be  the\nresponsibility of the owner of advanced treatment, alternative, experimental, or\nnew  and emerging technology systems to contract with a management  entity,\ncertified system operator, or trained system operator to develop and implement\nan approved operations and maintenance plan specific to, and appropriate for,\nthe approved system.\n(5) No  person, firm, or corporation shall construct, install, alter, or cause to be\nconstructed, installed, or altered, any on-site sewage disposal system subject\nto regulation by the cabinet without having first obtained an on-site sewage\ndisposal permit from the local health department. In lieu of inspection and\ncertification by the local health department a licensed professional engineer in\nprivate practice licensed by the Commonwealth  of Kentucky may perform site\nevaluations and approve system designs for an on-site sewage  disposal\nsystem including those systems that utilize greywater for reductions in daily\nwaste flows for the person, firm, or corporation and apply for the permit from\nthe local health department. The final systems installation inspection shall be\nperformed by the local health department as soon as practicable. All applicable\nprovisions of KRS  Chapter 322  shall govern the licensed professional\nengineer. A professional engineer shall not perform site evaluations, approve\nsystem designs, or certify system installations of an on-site sewage disposal\nsystem  on property owned  by himself, an employee, or a partner of an\nengineering firm by which he is employed, or on property owned  by the\nengineering firm. Nothing in this section shall be construed to deny a farmstead\nowner the right to obtain a permit. Except for farmstead owners on their own\nproperty, the construction, installation, or alteration shall be performed only by\na person certified by the cabinet pursuant to KRS 211.357.\n(6) A local health department that issues a permit for an on-site sewage disposal\nsystem, including systems that utilize greywater to reduce total daily waste\nflows, based on the site evaluation or system design of a licensed professional\nengineer in private practice licensed by the Commonwealth  of Kentucky shall\nnot be held liable for any defects or failures of the on-site sewage disposal\nsystem due to the site evaluation or system design.\n(7) No person, firm, or corporation shall use or continue to use or permit the use or\ncontinued use of any on-site sewage disposal system, including those systems\nthat utilize greywater to reduce total daily waste flows, that is constructed,\ninstalled, or altered under an on-site sewage disposal permit if the cabinet or\nlocal health department through a duly authorized inspector, employee, agent,\nor  licensed professional engineer in private practice licensed by  the\nCommonwealth  of Kentucky finds that the system was  not constructed,\ninstalled, or altered in conformance with the permit and regulations issued by\nthe cabinet.\n(8) No  certified electrical inspector acting under authority of KRS  227.491 shall\nissue the certificates of approval of temporary or permanent electrical wiring\nunless the inspector has in his or her possession a notice of release as\ndescribed in paragraphs (a) and (b) of this subsection. The inspector shall\nrecord the number of the notice of release on the certificate of approval. The\nperson  requesting approval of electrical wiring shall be  responsible for\nobtaining the release from the local health department and providing it to the\nelectrical inspector. This requirement shall only apply to dwellings, mobile\nhomes,  manufactured housing, buildings, or other structures that are\nconstructed or installed after July 15, 1998. This requirement shall not apply to\nstructures that do not have sewage  waste fixtures or to those that are\nconnected to a sewage waste disposal system approved by the Energy and\nEnvironment Cabinet. Nothing in this section shall be construed to deny the\ncontinued use of any electrical service connected to wiring approved prior to\nJuly 15, 1998.\n(a) An  initial notice of release to allow temporary electrical power  for\nconstruction shall be issued to the property owner or owner's agent by the\nlocal health department upon the application for a site evaluation.\n(b) A final notice of release to allow for permanent electrical power shall be\nissued to the property owner or owner's agent by the local health\ndepartment upon approval of an on-site sewage disposal plan.\n(c) This section shall not apply to any county that has adopted the Uniform\nState Building Code  and has and enforces on-site sewage  disposal\npermitting.\n(9) All applications for on-site sewage disposal permits shall be accompanied by\nplans and specifications for the proposed system, including results of soils\ntests and other information as directed by the cabinet by regulation. If the site\nevaluation or approval of the system design is performed by a licensed\nprofessional engineer in private practice licensed by the Commonwealth  of\nKentucky, the application shall be accompanied by a statement by the engineer\nthat he has met the requirements of the regulations issued by the cabinet for\nsite evaluation and system design. Any action to deny an application shall be\nsubject to appeal, and  upon  appeal an  administrative hearing shall be\nconducted in accordance with KRS Chapter 13B.\n(10) The  cabinet shall fix a schedule of fees for the functions performed by the\ncabinet relating to the regulation of on-site sewage disposal systems. The fees\nshall be designed to fully cover the cost of the service performed but shall not\nexceed the cost of the service performed. Fees payable to the cabinet shall be\npaid into the State Treasury and credited to a trust and agency fund to be used\nby the cabinet in carrying out its responsibilities relating to the regulation of\non-site sewage disposal systems. No part of the fund shall revert to the general\nfund of the Commonwealth.\n(11) Any regulation relating to on-site sewage disposal that is in effect on July 15,\n1992,  shall remain in effect until altered by the secretary, except that\nadministrative regulations that govern total daily waste flows shall be updated\nin accordance with KRS  211.351. The  secretary may  issue additional\nregulations necessary to carry out the purposes of this section.\n(12) Nothing in this section shall authorize or allow the cabinet to inspect or take\nenforcement action against on-site sewage  disposal systems installed on\nfarmsteads prior to July 15, 1992, or modifications to those systems unless the\nactions are determined in writing by the cabinet, upon a written, verified\ncomplaint, to be necessary to prevent imminent harm or damage  to the safety,\nlife, or health of a person. In this instance, the cabinet shall deliver to the\nlandowner a copy of the written determination and the verified complaint prior\nto the commencement  of the inspection or enforcement action.\n(13) As used in this section:\n(a) \"Blackwater\" means  wastewater  containing liquid or  solid waste\ngenerated through use of a urinal, water closet, garbage disposal, or\nsimilar sanitary fixture; and\n(b) \"Greywater\" means wastewater generated by hygiene activities, including\nbut not limited to wastewater from laundry, lavatory sinks, and showers,\nbut shall exclude kitchen sinks and food preparation sinks. \"Greywater\"\ndoes not include blackwater.","path":["KRS Chapter 211"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46327","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:12Z","sha256":"5420e1c560e03a97fc02f9137d360a2e628a73fd637463cb13fb4ca774cabfb8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-211.345","next":"us-ky/krs-211.351"},"notice":"GroundRules: Original legal text. Not legal advice."}