Section 65.8905 - Procedure for forming regional wastewater commission(1) Any two (2) or more member entities owning wastewater systems may jointly: (a) Acquire and construct wastewater collection, transportation, and treatment facilities;(b) Operate and manage those facilities; and(c) Improve and extend those facilities in any manner permitted under law.(2) The governing body of a member entity owning a wastewater system that wants to form a regional wastewater commission shall adopt a resolution or ordinance electing to participate with other member entities to perform any of the functions authorized under subsection (1) of this section.(3) Upon the adoption of an ordinance or resolution by the governing body of each member entity or a decision by a local, state, or federal agency owning a wastewater system to participate in a commission, a certified copy of each member entity's action shall be filed with the organizing official.(4) Prior to the adoption by the governing body of any member entity of a resolution or ordinance proposing participation in a commission, that governing body shall publish notice in accordance with KRS Chapter 424 and shall set a date for a public hearing regarding the creation of the commission and shall give at least thirty (30) days' prior notice of the hearing. The notice shall include, at a minimum: (a) An explanation of the scope of the geographic area proposed to be served by a commission; and(b) A description of the anticipated benefits to the residents in the geographic area served by the member entity of membership by that entity in a commission. A resident, sewer customer, or citizen of the Commonwealth affected by a member entity proposing to establish a commission may submit written or oral comments and objections to the member entity, which shall provide a written statement of consideration of comments received.
(5) The member entity shall enter an order of decision along with specific findings for the decision. The organizing official among the member entities seeking to form a commission shall establish the commission, designating it as a "regional wastewater commission," if, after the public hearing and consideration of all comments and objections received, those member entities have adopted a resolution or ordinance, as appropriate, finding that:(a) The establishment of a commission is in the furtherance of the public health, convenience, and benefit to the customers of the member entities proposing the creation of the commission; and(b) The establishment of a commission can reasonably be expected to result in the improvement of the environment over that which would occur in the absence of the formation of the commission.Effective:6/8/2011
Created 2011, Ky. Acts ch. 98, sec. 3, effective6/8/2011.