Kentucky Administrative Regulations
Title 807 - ENERGY AND ENVIRONMENT CABINET PUBLIC SERVICE COMMISSION
Chapter 5 - Utilities
Section 807 KAR 5:071 - Sewage
Universal Citation: 807 KY Admin Regs Service 5:071
Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS Chapter 278
NECESSITY, FUNCTION, AND CONFORMITY: KRS 278.280(2) provides that the commission shall prescribe rules for the performance of any service or the furnishing of any commodity by any utility. This administrative regulation establishes general rules which apply to sewage utilities.
Section 1. General. The purpose of this administrative regulation is to provide standard rules and administrative regulations governing the service of sewage utilities operating under the jurisdiction of the Public Service Commission.
Section 2. Definitions. The following terms when used in these rules, shall have the meaning indicated:
(1) "Commission" means the Public Service
Commission.
(2) "Collecting sewers"
means sewers, including force lines, gravity sewers, interceptors, laterals,
trunk sewers, manholes, lampholes and necessary appurtenances and including
service wyes, which are used to transport sewage and are owned, operated, or
maintained by a sewage disposal utility.
(3) "Customer" means any person, partnership,
association, corporation or governmental agency being provided with sewage
disposal service by a utility.
(4)
"Customer's service pipe" means any sewer pipe extending from the customer's
residence or other structure receiving and transporting sewage to the utility's
collecting sewer, but excluding service wyes.
(5) "Lift station" means that portion of the
sewage system which is used to lift the sewage to a higher elevation.
(6) "Premises" means a tract of land or real
estate including buildings and other appurtenances thereon.
(7) "Sewage" means ground garbage, human and
animal excretions, and all other domestic type waste normally disposed of by a
residential, commercial, or industrial establishment, through the sanitary
sewer system.
(8) "Sewage treatment
facilities" includes all pipes, pumps, canals, lagoons, plants, structures and
appliances, and all other real estate, fixtures and personal property, owned,
operated, and controlled or managed in connection with or to facilitate the
collection, carriage, treatment and disposal of sewage for the public, or other
beneficial or necessary purpose.
(9) "Sewage utility" means any person except
a city, who owns, controls or operates or manages any facility used or to be
used for or in connection with the treatment of sewage for the public, for
compensation, if the facility is a subdivision treatment facility plant,
located in a county containing a city of the first class or a sewage treatment
facility located in any other county and is not subject to regulation by a
metropolitan sewer district. (KRS
278.010(5)(c))
Section 3. Filings with this Commission. In addition to all filing requirements provided by 807 KAR 5:001, Rules of procedure, the following requirements must also be met for all formal applications (outlined below) by sewage utilities before this commission:
(1) Application for certificates of public
convenience and necessity. In addition to the filing requirements provided by
807 KAR 5:001,
Sections 14 and 15, the applicant shall submit with its application, the
following:
(a) A copy of a valid third-party
beneficiary agreement guaranteeing the continued operation of the sewage
treatment facilities or other evidence of financial integrity such as will
insure the continuity of sewage service.
(b) A copy of a preliminary approval issued
by the Division of Water Quality of the Kentucky Department for Natural
Resources and Environmental Protection approving the plans and specifications
of the proposed construction.
(c) A
detailed map of the sewage treatment facilities showing location of plant,
effluent discharge, collection mains, manholes, and utility service
area.
(d) A detailed estimated cost
of construction which should include all capitalized costs (construction,
engineering, legal, administrative, etc.).
(e) A financial exhibit as described in
807 KAR 5:001,
Section 12.
(f) The manner in
detail in which it is proposed to finance the new construction, specifically
stating amount to be invested, recouped through lot sales, or contributions (to
be) received, etc.
(g) An estimated
cost of operation after the proposed facilities are completed.
(h) An estimate of the total number of
customers to be served by the proposed sewage treatment facilities, initially
and ultimately the class of customers served (i.e., residential, commercial,
apartments, recreational, institutional, etc.) and the average monthly water
consumption for each class of customer.
(i) A copy of the latest tax returns (federal
and state, if applicable) filed by the applicant.
(j) A detailed depreciation schedule of all
treatment plant, property and facilities, both existing and proposed, listing
all major components of "package;" treatment plants separately.
(k) The proposed rates to be charged for each
class of customers and an estimate of the annual revenues derived from the
customers using the proposed rate schedules.
(l) A full and complete explanation of
corporate or business relationships between the applicant and a parent or
brother-sister corporation, subsidiary(ies), a development corporation(s), or
any other party or business to afford the commission a full and complete
understanding of the situation.
(m)
If the establishment of rates is not sought by the applicant, omit paragraphs
(i), (j), and (k) of this subsection.
(2) Application for authority to adjust
rates. In addition to the filing requirements provided by
807 KAR 5:001,
Sections 12, 14, and 17, the applicant shall submit with its application, the
following:
(a) A copy of a valid third-party
beneficiary agreement guaranteeing the continued operation of the sewage
treatment facilities or other evidence of financial integrity such as will
insure the continuity of sewage service.
(b) A comparative income statement (PSC Form)
showing test period; per books, revenues and expenses, pro forms adjustments to
those figures, and explanations for each adjusted entry.
(c) A detailed analysis of any expenses
contained in the comparative income statement which represent an allocation or
proration of the total expense.
(d)
A detailed depreciation schedule of all treatment plant properties and
facilities, listing all major components of "package;" treatment plants
separately.
(e) Copies of all
service contracts entered into by the utility for outside services, such as but
not limited to: operation and maintenance, sludge hauling, billing, collection,
repairs, etc., in order to justify current contract services and charges or
proposed changes in said contracts.
(f) A description of the applicant's property
and facilities, including a statement of the net original cost (estimate if not
known), the cost thereof to the applicant, and a current breakdown of
contributed and noncontributed property and facilities owned by the applicant
("contributed property" means property paid for by others).
(g) A detailed customer listing showing
number of customers in each customer class and average water consumption for
each class of customers.
(h) If the
utility has billing and collection services provided by the Louisville Water
Company, remittance advices from the Louisville Water Company showing revenues
and collection charges should be submitted for the test period.
(i) A copy of the latest tax returns (federal
and state, if applicable) filed by the applicant.
(j) A full and complete explanation of
corporate or business relationships between the applicant and a parent or
brother-sister corporation, subsidiary(ies), a development corporation(s), or
any other party or business, to afford the commission a full and complete
understanding of the situation.
(3) Application for authority to issue
securities, notes, bonds, stocks, or other evidences of indebtedness. In
addition to the filing requirements, provided by
807 KAR 5:001,
Sections 12, 14, and 17, the applicant shall submit with its application the
following:
(a) Copy of amortization schedules
of present and proposed indebtedness.
(b) A full and complete explanation of any
corporate or business relationships between the applicant and a parent or
brother-sister corporation, subsidiary(ies), a development corporation(s), or
any other party or business to afford the commission a full and complete
understanding of the situation.
Section 4. Information Available to Customers.
(1) System maps or records. Each
utility shall maintain up-to-date maps, plans, or records of its entire force
main and collection systems, with such other information as may be necessary to
enable the utility to advise prospective customers, and others entitled to the
information, as to the facilities available for serving any locality.
(2) Rates, rules, and regulations. A schedule
of approved rates for sewage service applicable for each class of customers and
the approved rules and regulations of the sewage utility shall be available to
any customer or prospective customer upon request.
Section 5. Quality of Service.
(1) General. Each utility shall maintain and
operate sewage treatment facilities of adequate size and properly equipped to
collect, transport, and treat sewage, and discharge the effluent at the degree
of purity required by the health laws of the State of Kentucky, and all other
regulatory agencies, federal, state, and local, having jurisdiction over such
matters.
(2) Limitations of
service. No sewage disposal company shall be obliged to receive for treatment
or disposal any material except sewage as defined by Section 2(7) of this
administrative regulation. In compliance with the administrative regulation,
the utility shall make all reasonable efforts to eliminate or prevent the entry
of surface or ground water, or any corrosive or toxic industrial liquid waste
into its sanitary sewer system. A utility may request assistance from the
appropriate state, county, or municipal authorities in its efforts, but such a
request does not relieve the utility of its aforementioned
responsibilities.
Section 6. Continuity of Service.
(1)
Emergency interruptions. Each utility shall make all reasonable efforts to
prevent interruptions of service and when such interruptions occur shall
endeavor to reestablish service with the shortest possible delay consistent
with the safety of its customers and the general public.
(2) Scheduled interruptions. Whenever any
utility finds it necessary to schedule an interruption of its service, it shall
notify all customers to be affected by the interruption stating the time and
anticipated duration of the interruption. Whenever possible, scheduled
interruptions shall be made at such hours as will provide least inconvenience
to the customers.
(3) Record of
interruptions. Each utility shall keep a complete record of all interruptions
on its system. This record shall show the cause of interruption, date, time,
duration, remedy, and steps taken to prevent recurrence.
Section 7. Design, Construction, and Operation.
(1) General. The sewage treatment
facilities of the sewage utility shall be constructed, installed, maintained
and operated in accordance with accepted good engineering practice to assure,
as far as reasonably possible, continuity of service, uniformity in the quality
of service furnished, and the safety of persons and property.
(2) Design and construction requirements. The
design and construction of the sewage utility's collecting sewers, treatment
plant and facilities, and all additions thereto and modifications thereof,
shall conform to the requirements of the Kentucky Department for Natural
Resources and Environmental Protection, Bureau of Environmental Quality,
Division of Water Quality.
(3)
Adequacy of facilities. The capacity of the sewage utility's sewage treatment
facilities for the collection, treatment and disposal of sewage and sewage
effluent must be sufficiently sized to meet all normal demands for service and
provide a reasonable reserve for emergencies.
(4) Inspection of facilities. Each sewage
utility shall adopt procedures for inspection of its sewage treatment
facilities to assure safe and adequate operation of its facilities and
compliance with commission rules. These procedures shall be filed with the
commission. Unless otherwise authorized in writing by the commission, the
sewage utility shall make inspections of collecting sewers and manholes on a
scheduled basis at intervals not to exceed one (1) year, unless conditions
warrant more frequent inspections and shall make inspections of all mechanical
equipment on a daily basis. The sewage utility shall maintain a record of
findings and corrective actions required, and/or taken, by location and
date.
Section 8. Service Pipe Connections.
(1) Sewage utility's service
pipe. The sewage utility shall install and maintain that portion of the service
pipe from the main to the boundary line of the easement, public road, or
street, under which such main may be located.
(2) Customer's service pipe.
(a) The customer shall install and maintain
that portion of the service pipe from the end of the sewage utility's portion
into the premises served.
(b)
Requirements for customer's service pipe. That portion of the service pipe
installed and maintained by the customer shall conform to all reasonable rules
of the utility. It shall be constructed of materials approved by the sewage
utility and installed under the inspection of the sewage utility.
(3) Restriction on installation. A
sewer service pipe shall not be laid in the same trench with a water
pipe.
(4) Inspection. If a
governmental agency requires an inspection of the customer's plumbing, the
sewage utility shall not connect the customer's service pipe until it has
received notice from the inspection agency certifying that the customer's
plumbing is satisfactory.
8 Ky.R. 833; eff. 4-7-1982; TAm 1-30-2013; Crt eff. 3-27-2019.
STATUTORY AUTHORITY: KRS 278.280(2)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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