(A) Purposes. The Sanitation District is created to implement the environmental goals cited in KRS 220.030, and to this end it:
(1) Shall prepare a comprehensive wastewater services plan for the entire land area of the county where wastewater service is not available. The Sanitation District shall engage and work cooperatively with the existing wastewater systems, as well as with the citizens in those areas of the county that currently do not have wastewater service in this planning process, to assure a realistic and common sense approach to the development of on-site, as well as centralized wastewater services, throughout the county, where and as appropriate. The scope of the Sanitation District’s planning process shall include the entirety of all watersheds in the county and be ongoing, in multi-year cycles;
(2) Shall regulate and control the development of wastewater service and facilities throughout the county, with the exception of the WMU service areas of the City of Winchester, as set out in § 51.27 below;
(3) May own, operate and maintain wastewater facilities, or contract with existing wastewater systems and others to provide these services, utilizing any and all types of centralized and site-appropriate, on-site wastewater facilities to effect the purposes of this chapter;
(4) Shall serve as directed by the Fiscal Court in matters relating to the water resources of the county and shall be an active participant in the Bluegrass Area Water Management Council.
(B) Structure. The Sanitation District shall:
(1) Be governed by a five-member board of directors, which shall include the Judge/Executive, three citizen members and one magistrate, appointed by the Judge/Executive and approved by the Fiscal Court. The initial citizen members’ terms shall be: one member for two years, one member for three years, and one member for four years respectively with the magistrate term coinciding with the term in office. Thereafter, their terms shall be four years in duration;
(2) Devise and promulgate rules, regulations and procedures affecting all aspects of the planning and implementation processes for various types of wastewater service in the county that may extend into neighboring counties, if warranted and so authorized by the County Fiscal Court and the fiscal court of the affected county;
(3) Work cooperatively with the County Health Department and the City of Winchester to establish a “single point of contact” relating to centralized and on-site wastewater regulation, coordination and development for all of the county;
(4) Prepare and submit its proposed plans and projects to the County Fiscal Court, to the County Health Department and the City of Winchester for their review and comments. After consideration of comments or recommendations from these bodies, the Sanitation District shall approve these plans and projects by formal action of the board of directors and obtain any formal approvals pursuant to statute;
(5) Make available plans and projects, together with its rules, regulations and procedures, to all citizens of the county, as well as to developers, contractors and others, upon request.
(C) Authority. The Sanitation District shall:
(1) Have the responsibility and authority to coordinate, oversee and regulate the development of wastewater services and facilities in the county. Incident to the purposes stated above and to enable their accomplishment, the Sanitation District is specifically authorized to develop, acquire, own, manage and operate wastewater facilities, and to discharge the attendant duties and obligations associated with implementation of the environmental goals as enumerated herein and in KRS 220.030. To this end, the Sanitation District shall have the authority to inspect, approve, construct or arrange for the proper de-commissioning of both on-site and centralized wastewater management facilities, in cooperation with the County Health Department and the KDOW. Such facilities may include, but are not limited to: drainage control, collection mains, laterals, filters, tanks, trunk lines, lift stations, force mains, treatment and disposal works, and all appurtenances. Further, the Sanitation District shall have the responsibility and attendant authority to operate, maintain, repair and replace facilities, and components thereof, by hiring qualified employees or by contracting with qualified operators to provide such services, and by taking any and all other action necessary for the fulfillment of the environmental goals and purposes cited in KRS 220.030;
(2) Have the powers, taxing authority excluded, stated in KRS Chapter 220, including the power to sue and be sued, contract and be contracted with, incur liabilities and obligations, secure rights-of-way and easements, issue bonds, and to perform all acts necessary and proper for carrying out the purposes for which the Sanitation District is created. The Sanitation District shall have the authority to execute the powers with which it is vested as provided in KRS 220.510.
(3) Have the authority to exercise the right of eminent domain, as provided and described in KRS 220.310, subject to the approval of the County Fiscal Court;
(4) Adopt and comply with the same procurement standards as the County Fiscal Court, and conduct its business activities in accordance with approved governmental fiscal procedures;
(5) Have the independent powers and duties enumerated herein except that, unless prohibited by statue or regulation elsewhere, upon the sale or transfer of the assets of the District, all value shall be paid to the Fiscal Court or as directed by same;
(6) Be subject to and comply with the Kentucky Open Meeting and Open Records Act as well as with KRS Chapter 65A, which regulates special purpose governmental entities.
(Ord. 2021-07, passed 5-27-2021)