{"data":{"id":"us-ky/krs-220.322","jurisdiction":"us-ky","citation":"KRS 220.322","heading":"Disconnections, reconnections, and relocations of water inflows -- Powers","body":"of board -- Use of funds -- Fees -- Responsibility of property owner.\n(1) Notwithstanding any other provision of this chapter, the board of directors of the\ndistrict may adopt r ules requiring owners of property within the district whose\nproperty is served by a connection of sewers maintained and operated by the district\nor whose sewers are connected to interceptor sewers maintained and operated by the\ndistrict to:\n(a) Disconnect storm water inflows to sanitary sewers maintained and operated by\nthe district and not operated as a combined sewer, or to connections with these\nsewers;\n(b) Disconnect nonstorm water inflows to storm water sewers to the extent the\nsewers are maintained an d operated by the district and not operated as a\ncombined sewer, or to connections with these sewers;\n(c) Reconnect or relocate any disconnected inflows in compliance with rules and\nregulations of the district and applicable building codes, health codes, o r other\nrelevant law or administrative regulation.\n(2) Any inflow required to be disconnected under a rule adopted pursuant to this\nchapter shall constitute a nuisance subject to injunctive relief and abatement\npursuant to this chapter, or as otherwise permitted by law.\n(3) The board of directors of a district may expend district funds, and other moneys\nfrom state or federal sources to the extent permitted by their terms, loans, or grants,\nfor either of the following:\n(a) The cost of disconnections, reconne ctions, or relocations required by rules\nadopted pursuant to this chapter, performed by district personnel or persons\nunder contract with the district;\n(b) Payments to the property owner or a contractor hired by the property owner\npursuant to a competitive  process for the cost of disconnections,\nreconnections, or relocations required by rules adopted pursuant to this\nchapter after the board of directors has approved the work to be performed and\nafter the district has received from the property owner a state ment releasing\nthe district from all liability in connection with the disconnections,\nreconnections, or relocations.\n(4) Except as provided in subsection (6) of this section, the board of directors of the\ndistrict shall require in its rules regarding disco nnections, reconnections, or\nrelocations of sewers the reimbursement of moneys expended pursuant to\nsubsection (3) of this section. This shall be done by the district assessing a charge to\nthe property owner in the amount of the payment made pursuant to subsection (3) of\nthis section for immediate payment or payments in installment with interest as\ndetermined by the board of directors not to exceed ten percent (10%). The payments\nmay be billed as a separate item and in addition to any other fees charged to that\nowner for the usage of the sewers as may be required by the district. The board of\ndirectors may approve installment payments for a period of not more than fifteen\n(15) years. Charges not paid when due may cause the board of directors to compel\npayment in the manner authorized in this chapter and the rules and regulations of\nthe district.\n(5) The district may specify the maximum amount of the cost of any disconnection,\nreconnection, or relocation required pursuant to subsection (1) of this section that\nmay be paid by the district for each affected parcel of property without requiring\nreimbursement. The board of directors shall determine the maximum amount for\neach qualifying parcel that does not need to be reimbursed.\n(6) Disconnections, reconnections, or relocations required under this section performed\nby a contractor under contract with the property owner shall not be subject to\ncompetitive bidding laws of the Commonwealth of Kentucky.\n(7) Property owners shall be responsible for maintaining any impro vements made to\nprivate property to reconnect or relocate disconnected inflows pursuant to this\nsection unless a recorded public easement, dated prior to January 1, 1994, exists\nrequiring maintenance by a city, county or sanitation district.\n(8) No provisions of this section shall apply to any municipal customer of the district\nwhich as of January 1, 1998, owns, operates, and maintains a separate storm sewer\nutility, provided the utility is adequately funded and performs at a level that is equal\nto or great er than the storm water facilities of the district capitalized. All these\nmunicipal customers shall only be responsible for the cost of that municipal facility.","path":["KRS Chapter 220"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9804","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:32Z","sha256":"52c483c1a048d6986b7629d7dc8ffa3469e9799d7f319412a1bdd7bb3c684f5e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-220.320","next":"us-ky/krs-220.330"},"notice":"GroundRules: Original legal text. Not legal advice."}
