Signed by Governor Matt Bevin

Vote Smart's Synopsis:

A vote to concur with Senate amendments and pass a bill that amends regulations on small, privately owned wastewater treatment plants.

Highlights:

• Defines “privately owned small wastewater treatment plant” as all or any part of a sewage treatment facility, including the collection system that (Sec. 1):

• Is designed to intercept, transport, and treat sewage before discharging it into the environment;

• Is not operated by a local government, special district, or governmental entity, including a city, county, urban-county government, consolidated local governments, unified local government, or board or commission;

• Is not an industrial wastewater treatment plant; 

• Is not a system designed to serve an individual household;

• Is not an agricultural operation; and 

• Services a localized customer base such as a neighborhood, development, apartment or condominium complex, business, or manufactured housing or mobile home park.

• Requires the Energy and Environment Cabinet to promulgate administrative regulations regarding the issuance or renewal of a discharge permit to an owner of a privately owned small wastewater treatment plant that requires a plant’s owner to (Sec. 2):

• Obtain and maintain a contract for insurance, or a financial instrument such as a letter of credit for:

• Fire and extended coverage in an amount deemed sufficient by the cabinet to fully replace the plant or otherwise restore service to the customers served by the plant in the event the plant becomes nonfunctional due to risks such as fire or other natural disasters; and 

• Commercial general liability coverage and products and completed operations coverage in an amount deemed sufficient by the cabinet to address potential general liabilities or products and completed operations liabilities.

• Maintain adequate revenue to ensure continuity of service and the ability of the owner to: 

• Operate and maintain the plant in a manner to meet all applicable state and federal laws during operation; and 

• Implement the asset management plan designated for the plant.

• Implement an asset management plan, the requirements of which will be developed by the cabinet using nationally known or recognized best practices, methodologies, and guidelines; and

• Conduct a structural analysis of the plant, as necessary.

• Authorizes the joint sewer agency to enter into agreements with another entity to acquire by purchase or lease, any real or personal property, or any interest, right, easement, or privilege, outside of the agency’s jurisdictional boundaries (Sec. 8).

Full Bill Text