RELATES TO: KRS 151.100-151.600, 151.700-151.730, 151.990,
223.400-223.460, 224.70, 224.73
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151.700 through
151.730 authorize the Kentucky River Authority to manage the surface water and
groundwater of the Kentucky River basin. The authority has the power and duty
to develop and to implement programs relating to the locks and dams on the
Kentucky River; to acquire, to sell and to lease property; to develop
recreational areas; to issue revenue bonds; to assess fees for water use; to
contract for services; to adopt administrative regulations protecting water in
the Kentucky River basin; to develop and to implement comprehensive plans for
protecting the water of the Kentucky River basin; and to collaborate with the
Natural Resources and Environmental Protection Cabinet and other state agencies
in coordinating Kentucky River basin water resource and water quality
activities. This administrative regulation establishes Tier I water use
fees.
Section 1. Purpose. This
administrative regulation establishes Tier I fees and incidental charges for
the withdrawal of surface water and groundwater from the Kentucky River
basin.
Section 2. Persons Required
to Pay Tier I
Fee. The persons identified in this section of this
administrative regulation shall pay to the authority the Tier I
fee and
incidental charges established by this administrative regulation, unless
exempted by Section 3 of this administrative regulation.
(1) A person who withdraws surface water or
groundwater from the Kentucky River basin for non-contact cooling water shall
pay a Tier I fee based on net withdrawal, which shall be 150 percent of the
Tier I fee for gross withdrawal.
(2) Unless entitled to a fee based on net
withdrawal in accordance with subsection (1) of this section, a person who
withdraws surface water or groundwater from the Kentucky River basin shall pay
a Tier I fee based on gross withdrawal.
Section 3. Persons Exempted from Paying Tier
I
Fee. The following persons are exempted from paying the Tier I fees and
incidental charges established by this administrative regulation:
(1) A person who withdraws surface water or
groundwater from the Kentucky River basin primarily for agricultural use;
and
(2) A person whose gross
withdrawal of surface water or groundwater from the Kentucky River basin is
less than 10,000 gallons per day.
Section 4. Tier I
Fee Rates.
(1) The Tier I fee for gross withdrawal shall
be $0.028 per 1000 gallons and any portion thereof from the effective date of
this administrative regulation through June 30, 1995. The Tier I fee for gross
withdrawal shall be $0.022 per 1,000 gallons and any portion thereof from July
1, 1995 through June 30, 1996.
(2)
The Tier I fee for net withdrawal shall be $0.028 per 1000 gallons or any
portion thereof, multiplied by one and five-tenths (1.5), from the effective
date of this administrative regulation through June 30, 1995. The Tier I fee
for net withdrawal shall be $0.022 per 1000 gallons and any portion thereof,
multiplied by one and five-tenths (1.5), from July 1, 1995 through June 30,
1996.
(3) The Tier I fees may be
amended as necessary to fund the Tier I projects budgeted by the authority. The
authority shall submit to the General Assembly with its budget request a fee
structure necessary to fund those Tier I projects. The authority shall set the
amended fees based on the approved budget.
(4) Charges incidental to Tier I fees. The
authority may assess a person required to pay a Tier I
fee the following
charges incidental to collection of that
fee:
(a) A deposit of up to three (3) months
estimated billings, except for bills of local governments, with interest to
accrue at six (6) percent per annum and the deposit to be returned in a year if
prior payments were timely;
(b) A
late payment charge of up to five (5) percent of the last quarter's bill for
payments that are twenty (20) days late or, for local governments, more than
ten (10) days after the last regular meeting of local government, whichever is
later;
(c) A returned check charge
of fifteen (15) dollars; and
(d) A
field collection charge, with a minimum charge of fifty (50) dollars and a
maximum charge of $500.
Section 5. Collection of Fees.
(1) A person required by this administrative
regulation to pay a Tier I fee shall pay that fee quarterly, and shall pay any
charge incidental to the Tier I fee upon the authority's request. Payment shall
be made within ten (10) days of receipt of a bill from the authority.
(2) Fees and incidental charges shall be paid
by check or money order, and made payable to the Kentucky State Treasurer. The
authority may require a check to be certified if any previous check to the
authority has been returned for insufficient funds.
(3) A
person paying a Tier I
fee for gross or
net withdrawal shall complete and submit to the authority the water withdrawal
reporting form incorporated by reference in Section 6 of this administrative
regulation, identifying the number of gallons withdrawn during that quarter. A
person paying a Tier I
fee for net withdrawal shall also complete and submit to
the authority the water
discharge reporting form incorporated by reference in
Section 7 of this administrative regulation, identifying the number of gallons
discharged. The water withdrawal and
discharge reporting forms shall be
submitted within fifteen (15) calendar days after the end of the quarter. A
person paying a Tier I fee may use the water withdrawal reporting form required
by
KRS 151.160 and
401 KAR 4:010 in lieu of the
water withdrawal reporting form
incorporated by reference in Section 6 of this administrative
regulation.
Section 6.
Incorporation by Reference of Water Withdrawal Reporting Form. The document
entitled "Water Withdrawal Reporting Form" is hereby incorporated by reference.
The effective date shall be the effective date of this administrative
regulation. It is available for public inspection and copying, subject to
copyright law, at the office of the Kentucky River Authority, 107 Mero Street,
Frankfort, Kentucky 40601, between the hours of 8 a.m. and 4:30 p.m., Mondays
through Fridays, excluding state holidays.
Section 7. Incorporation by Reference of
Water Discharge Reporting Form. The document entitled "Water Discharge
Reporting Form" is hereby incorporated by reference. The effective date shall
be the effective date of this administrative regulation. It is available for
public inspection and copying, subject to copyright law, at the office of the
Kentucky River Authority, 107 Mero Street, Frankfort, Kentucky 40601, between
the hours of 8 a.m. and 4:30 p.m., Mondays through Fridays, excluding state
holidays.