{"data":{"id":"us-ky/krs-224.73-150","jurisdiction":"us-ky","citation":"KRS 224.73-150","heading":"Conditions for appointment of receiver to manage and operate","body":"privately owned small wastewater treatment plant -- Attachment and control\nof plant's assets -- Hearings, permitted actions, and orders.\n(1) The cabinet may seek to have a receiver  appointed to assume the management and\noperation of a privately owned small wastewater treatment plant if the plant:\n(a) Presents a threat or likely threat to the public health or the environment;\n(b) Is in substantial and recurring noncompliance with its  discharge permit as\nissued by the cabinet; or\n(c) The owner is unable or unwilling to operate or to provide for the proper\noperation of the plant.\n(2) If the cabinet, after following the procedures and conducting a hearing in\naccordance with KRS 224.10 -410 or 224.10-420 and the administrative regulations\npromulgated thereunder, enters an order in which it finds that a plant meets any of\nthe conditions of subsection (1) of this section, and after notification to the Public\nService Commission if the plant is  a utility as defined in KRS 278.010(3)(f), the\ncabinet may bring an action in the Franklin Circuit Court for an order attaching the\nassets of the plant and placing those assets under the sole control and responsibility\nof a receiver.\n(3) Within twenty (20) days after commencing an action in Franklin Circuit Court, the\ncabinet shall file a certified copy of the record of the administrative proceeding in\nwhich the secretary of the cabinet entered his or her findings.\n(4) During the pendency of any receiversh ip, the receiver may bring or defend any\ncause of action on behalf of the owner of the plant as the court may authorize,\nincluding an action to raise rates or institute surcharges as necessary to properly\noperate, maintain, restore, and rehabilitate the pl ant and to pay the costs, fees, and\nexpenses of the receiver.\n(5) The receiver shall control and manage the assets and operations of the plant until\nthe Franklin Circuit Court, after reasonable notice and hearing, orders the receiver\nto return control of t hose assets to the plant's owner or to liquidate and transfer\nthose assets as provided by law.\n(6) (a) Notwithstanding subsection (2) of this section, the cabinet, after notification\nto the Public Service Commission if the plant is a utility as defined in KRS\n278.010(3)(f), may petition the Franklin Circuit Court to appoint a temporary\nreceiver to operate and manage the assets of the plant meeting the conditions\nset out in subsection (1) of this section.\n(b) After notice to the owner of the plant, and after  notification to the Public\nService Commission if the plant is a utility as defined in KRS 278.010(3)(f),\nthe court may grant a petition for the appointment of a temporary receiver, on\nterms and conditions as it deems appropriate, upon a showing by a\npreponderance of the evidence:\n1. That the plant is an immediate threat to the public health, safety, or the\nenvironment;\n2. There is an immediate threat to the continued availability of service to\nthe customers served by the plant; and\n3. That the delay required for the cabinet to follow the procedures and\nconduct a hearing in accordance with subsection (2) of this section\nwould place the public health or safety, the environment, or continued\nwastewater treatment service at unnecessary risk.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48310","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:42Z","sha256":"7ecac81f324f7d65372a1bfee7e304add006fb73d868e465211cb08d5e4cd432","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.73-140","next":"us-ky/krs-224.730"},"notice":"GroundRules: Original legal text. Not legal advice."}