{"data":{"id":"us-ky/krs-76.090","jurisdiction":"us-ky","citation":"KRS 76.090","heading":"Rates, rentals, and charges -- Use of funds of district -- Cutting off sewer","body":"and water service to delinquents.\n(1) The district may establish a schedule of rates, rentals, and charges, to be collected\nfrom all the real property within the district area  served by the facilities of the\ndistrict, and prescribe the manner in which and the time at which the rates, rentals,\nand charges are to be paid, and may change the schedule from time to time as the\ndistrict deems necessary, advisable or expedient. The sc hedule may be based upon\neither:\n(a) The consumption of water on premises connected with the facilities, taking\ninto consideration commercial and industrial use of water; or\n(b) The number and kind of plumbing fixtures connected with the facilities; or\n(c) The number of persons served by the facilities; or\n(d) May be determined by the district on any other basis or classification which\nthe district determines to be fair and reasonable, whether similar or dissimilar\nto those enumerated, except that the sched ule shall be uniform for all\nresidential property; or\n(e) Any combination thereof.\nThis schedule may include additional charges for treatment of sewage, with a\nsurcharge where the sewage contains industrial wastes or other wastes in excess of\nlimitations established by regulations of the district.\n(2) Prior to the final adoption or modification of the schedule for the district area, the\ndistrict shall adopt a proposed schedule and publish notice thereof pursuant to KRS\nChapter 424. The notice so published shall be dated as of the date of first\npublication thereof and shall state that the proposed or revised schedule of rates,\nrentals, and charges will remain open for inspection in the office of the district for\nthirty (30) days from the date of the notice, and that objections thereto in writing\nmay be filed during that period with the district by any person aggrieved thereby.\nThe district shall examine and hear any and all complaints, may modify the\nproposed schedule, and shall adopt and establish a final sc hedule within sixty (60)\ndays after the date of the notice; the schedule, however, shall not become final\nwithin a county outside a city of the first class until it has been approved by the\nfiscal court of the county, or shall not become final within a cit y of the first class,\nunless and until it has received the approval of the legislative body of the city of the\nfirst class by ordinance approved by the mayor; provided, however, the schedule\nfinally adopted shall be sufficient and adequate to cover the pur poses of this\nchapter. The schedules shall be uniform for all property falling within the same\nclassification, which classification may be based upon the length of time the\nproperty has been in the district area, the drainage area within which the property\nlies, or any similar or dissimilar reasonable classification, except that the schedule\nshall be uniform for all residential property. The schedule so adopted and\nestablished shall thereafter be the rates, rentals, and charges for the use of the\nfacilities of the district by users within the district area, until changed in the manner\nherein provided. The schedule of rates, rentals, and charges shall be established and\nrevised from time to time so as to produce aggregate revenues to the district\nsufficient:\n(a) For the payment of the interest on and principal of all revenue bonds and other\nobligations of the district except construction subdistrict obligations and\nbonds;\n(b) For the payment of all cost and expenses of operating and maintaining the\nsewer and drainage system of the district within the district area, including but\nnot limited to that portion of the salaries, wages, and fees of all officers and\nemployees of the district equitably allocable to operations within or for the\ndistrict area; and\n(c) For the payment of all cost of renewals and replacement of such system within\nthe district area; provided, however, that all expenses, salaries, wages, and\nfees necessary or incident to improvements for the account of which bonds are\nissued, may be included a s a part of the cost of the improvements and paid\nfrom the proceeds of the bonds.\nThe district may collect the sewer rates, rentals, and charges, or cause them to be\ncollected and paid to it by agencies it designates, and with whom it may make such\ncontracts or arrangements as the district deems proper. No moneys received on\naccount of the existence or operation of construction subdistricts shall be used for\nthe payment of district obligations, and no other moneys received by the district\nshall be used for  the payment of construction subdistrict bonds or obligations.\nExcept as provided in the preceding sentence, the use of all moneys of the district\nreceived from any and all sources is hereby limited exclusively and shall be devoted\nsolely to the payment of  all obligations of the district and board created by KRS\n76.010 to 76.210, and no funds from any sources authorized by KRS 76.010 to\n76.210, shall be diverted to any other purposes than those in KRS 76.010 to 76.210\nset forth, except that the district sha ll pay from district area revenues an equitably\nallocable share of the cost of constructing and operating any nondistrict area\nfacilities to which sewage from the district area is diverted in order to relieve\nfacilities from excessive sewage and costs desc ribed in KRS 76.248 but otherwise\npaid for.\n(3) Whenever an area located within the district is served initially by a construction\nsubdistrict facility, the schedule of rates, rentals, and charges applicable to the\nparticular construction subdistrict shall , at the discretion of the board, be applied to\nthe area.\n(4) Whenever any such sewer rates, rentals, or charges for services rendered remains\nunpaid for a period of thirty (30) days after the same becomes due and payable, the\ndistrict shall declare the pr operty, the owner thereof, and the user of the service,\ndelinquent until such time as all service rates, rentals, and charges are fully paid and\nmay cut off the sewer connection and service. It is unlawful for any delinquent to\nuse water from any public water service or system and discharge same into a public\nsewer. No public water service or system shall furnish the delinquent with water to\nbe discharged into a public sewer. The district may enter into agreements with any\npublic water company or public wat er service providing for the discontinuance of\nwater service to delinquents.","path":["KRS Chapter 76"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24482","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:35Z","sha256":"2b28f7235b5b558e71b478745cb51b00b557c16cc67b57d66b80d90d52c655c4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-76.085","next":"us-ky/krs-76.091"},"notice":"GroundRules: Original legal text. Not legal advice."}
