Who is Responsible for Clean and Accessible Water?

Fifteen of Harlan County’s public water systems are “community water systems.” These are usually governed by city councils, who make decisions about rates, operations, upkeep, and planning of the water systems in their cities. In some cases, water utilities are governed by water districts (for example, Black Mountain Utilities District). Water districts are created by the county, and their members are appointed by the county judge executive and approved by the fiscal court, or by the county according to the provisions of the Kentucky Revised Statutes (KRS) Chapter 74. 

In making decisions about water services, city councils can also appoint water boards to run their systems. City water boards are made up of community members who are appointed by the mayor. Currently, in the county, only the city of Harlan has appointed members to a municipal water board. 

At the county level, Harlan County Fiscal Court serves as the county’s governing and legislative body. This court consists of the county judge executive and the county’s justices of the peace (commonly called magistrates). Magistrates are elected by districts (as prescribed by the Kentucky Constitution and statutes). Water governance, including the provision of clean and safe water and the governance of community water and wastewater systems, are among the responsibilities of the county’s fiscal court. Harlan County has five magistrates (one for each magisterial district). 

Sources

• Kentucky General Assembly, “Kentucky Revised Statutes, KRS Statute 74.”

• Legislative Research Commission, “Constitution: Section 144”.

• Harlan County Judge-Executive, About Us. 

Water legislation in the United States divides regulatory responsibility between the federal government and the states. 

At the state level, the Kentucky Infrastructure Authority (KIA) is responsible for water and wastewater planning, and regional and long-term planning. KIA’s responsibilities include establishing planning areas, identifying needs in these areas, and ranking projects based on identified needs. KIA is also responsible for funding water and wastewater projects. This funding body is composed of Regional Water Management Councils across Kentucky (in 15 development districts). These councils consist of elected and appointed leaders, utility representatives, health department representatives, and citizens at large. The KIA is also responsible for providing open access and free information on the State’s public water and wastewater systems. One of KIA's most important databases on water and wastewater systems across the state is the Water Resource Information System (WRIS).

The Division of Water (DoW) of the Kentucky Energy and Environment Cabinet is responsible for managing, protecting, and enhancing the quality and quantity of the Commonwealth’s water resources for present and future generations, through voluntary, regulatory, and educational programs. The Drinking Water Branch of the KY Division of Water is responsible for drinking water and wastewater planning, for the construction and permitting of water and sewer infrastructure, the evaluation of the management of public water systems and publicly-owned wastewater treatment utilities, and the implementation of the technical components of the federal special appropriations grant program. 

TIP: On the Division of Water website, you can check for records related to drinking and surface water quality, get general information about the state of water sources in your area, about forthcoming meetings of advisory councils and workgroups and about forthcoming grant applications. You can also learn or search and comment on proposed permitting actions and regulatory changes, and submit any water-related complaints and concerns. 

The Kentucky Public Service Commission (PSC) has quasi-legislative and quasi-judicial duties and powers and regulates more than 1,100 utilities in the state of Kentucky. It is a three-member administrative body, which is funded by an assessment paid by all utilities under the Commission's jurisdiction (each utility pays based on the utility's annual gross intrastate revenues). Currently, interstate rates and services of investor-owned water and sewage utilities, as well as water districts are regulated by the Commission. Municipal, or city-owned, water systems are not under the PSC’s jurisdiction. The Commission is responsible for ensuring the provision of safe and reliable service at a reasonable price to the customers of the utilities under their jurisdiction. It oversees regulated activities, while also providing for the financial stability of those utilities, by setting fair and just rates and by supporting their operational competence.

Some of the areas for which the Kentucky Public Service Commission has regulatory responsibility are the following:

• expansion or reduction of utility service boundaries

• construction, operation, and operating conditions of utility facilities

• meter accuracy 

• management audits

• increase or reduction of rates

• compliance with service and safety regulations

• issuance or assumption of securities by a utility

• consumer complaints

• valuation of utility property

Did you know that the Kentucky Public Service Commission was created in Chapter 145 of the Acts of the Kentucky 1934 General Assembly? This is when investor-owned electric, natural gas, telecommunications, electric and telephone cooperatives, certain water and sewage utilities, water districts, and associations were put under the PSS jurisdiction. Two years later (1936), the KY General Assembly removed from the Commission's jurisdiction municipally-owned utilities. In 1964, its jurisdiction was expanded to include water districts; again in 1972 to include water associations; and in 1975 to include privately owned sewage companies. In 1987 sanitation districts were removed from Commission jurisdiction. In 1994, the Kentucky Supreme Court [in the case of Simpson County Water District v. City of Franklin, Kentucky, Ky., 872 S.W.2d 460 (1994]), concluded that the Commission retained jurisdiction to review the wholesale rates of municipal utilities that provide service to jurisdictional utilities. Despite legislative deregulations, the PSC has also retained its jurisdiction over consumer complaints. 

Sources

• Kentucky Farm Bureau, Kentucky Infrastructure Authority. 

• Kentucky Energy and Environment Cabinet, Division of Water. 

• Kentucky Public Service Commission, About the Public Service Commission 

The federal government’s main role in water systems was originally to provide assistance and funding for water resource development projects. Between 1972 and 1992, the federal government invested over $60 billion ($700 per person in today’s dollars) in waterways. Today, federal funding is only a small percentage of what it was, having fallen by almost 80%. In 2019, total capital spending on water infrastructure at the local, state, and federal levels was $48 billion. 

In the last few decades, federal legislation has focused on regulating water quality, protecting wildlife, and managing resources. Federal involvement in water resource development, management, protection, and use has grown more complex due to overlaps and gaps in resources, funding, and authorization. Various federal departments, agencies, and bureaus facilitate task forces, workgroups, and other cross-sectoral initiatives. However, overlappings and gaps in coordination and consistency, and delays in policy implementation lead to inefficient policies, wasteful spending, and confusion between participants and decision-makers.  

Some of the federal agencies that play important roles in ensuring safe and clean water are: 

• U.S. Department of the Interior (DOI): protects and manages the country’s natural resources, and is the largest wholesaler of water in the country, bringing water to more than 31 million Americans! It also provides essential science and maps to understand our resources and manage water supplies to support local communities and promote healthy and productive ecosystems.

• U.S. Geological Survey (under DOI): Monitors and collects most data, research, and mapping, and distributes research and technology grants. 

• U.S. Army Corps of Engineers (USACE) (under Department of Defense): Carries out large-scale engineering projects, and oversees the construction, operation, and repair of dams, wells, and water transport, aiming to secure the economy and reduce disaster risks (e.g. by focusing on projects for flood control). USACE Nashville District is responsible for Martins Fork Lake and water testing. You can contact the Martins Fork Lake field office at (606) 573-7655. See more information on their website.

Among the most prominent federal agencies involved in water quality is the Environmental Protection Agency (EPA). Through the EPA, the federal government, under the two major federal laws governing the nation’s water quality (the 1972 Clean Water Act and the 1974 Safe Drinking Water Act), sets pollution limits and regulations for all discharges into drinking water supplies (including surface waters and wastewater treatment output), while states are responsible for day-to-day implementation and enforcement. 

Other areas of EPA’s responsibilities include the protection of drinking water sources and waterways, overseeing grant programs related to the Safe Drinking Water Act (SDWA), and revolving funds that help states comply with federal drinking water rules. To determine how to allocate the State Revolving Fund each year, the EPA is conducting the Drinking Water Infrastructure Needs Survey and Assessment every four years. 

When it comes to water-related climate emergencies and disasters, the Federal Emergency Management Agency (FEMA) is a federal agency of the U.S. Department of Homeland Security.  It is responsible for programs before, during, and after disasters. FEMA monitors and collects data on floods, hurricanes, and other climate or natural disasters, aiming to identify and reduce risks, injuries, loss of property, and recovery time. It is also responsible for the National Flood Insurance Program, which aims to ensure affordable flood insurance for homeowners in flood plains. 

Sources

• The Policy Circle, Water and Power. 

• Congressional Research Service (2017). “Selected Federal Water Activities:  Agencies, Authorities and Congressional Committees”.

• U.S. Department of the Interior, Water. 

• Army Corps of Engineers,  About: Mission and Vision. 

• U.S. EPA, Water Topics. 

• Council on Foreign Relations, How U.S. Infrastructure Works. 

• FEMA, About. 

Public water systems are obligated to follow certain treatment procedures and to test the water and provide Consumer Confidence Reports, as defined by the Safe Drinking Water Act (SDWA). According to federal regulation, all public water systems should be testing internally in their plant for bacteria, fluoride, chlorine, calcium, and iron levels.  A community water system may be violating the Safe Drinking Water Act (SDWA) if certain chemicals or other water pollutants are present above the limits (often called, Maximum Contaminant Levels). 

Also, all public water systems are required to maintain public records on water testing for a long list of chemicals regulated by the SDWA. All the data collected by your water system is reported to the Division and is available through the Drinking Water Watch website.

The State Division of Water is responsible for enforcing those requirements in Kentucky. Community water systems are also subject to inspection by the Kentucky Division of Water.

How do I read Drinking Water Quality Reports, also known as the Consumer Confidence Report?

Did you know that In the Drinking Water Watch, you can find sample results for the community water system serving your area? Click on your water system in the list. The menu on the left of the screen will take you to chem/rad sample results by analyte (item that is being analyzed). If you click on the blue number next to the name of the chemical, you will see a list of sample results. If you click on the blue sample number, you will see the results for that sample.  

Private wells are not part of the public water system. That is why the U.S. Environmental Protection Agency’s (EPA) rules do not apply to private water systems, including private wells. So, it is not the responsibility of the City (or any other governmental entity) to monitor water quality and treat water accordingly. To ensure that the drinking water is clean, you are advised to test your water annually. 

See also, How can you take care of your well water?

If your water is contaminated by mining or industrial pollution, then you may have a legal remedy, either through enforcement by the Energy and Environment Cabinet or through a private attorney. 

Sources

• EPA, Private Drinking Water Wells 

• CDC, Guidelines for Testing Well Water

Kentucky Rural Water Association (KRWA) is the largest utility organization in the state. It is a membership organization, established in 1979 as a private, non-profit organization by a core group of utility leaders. KRWA is a designated Kentucky provider for EPA Technical Assistance, offering assistance to member communities and organizations in navigating and complying with EPA regulations. Its vision has been to enhance the quality of life for public drinking water and wastewater customers across the Commonwealth of Kentucky, by fostering professionalism in drinking water and wastewater systems, through non-regulatory training, technical assistance programs, and advocacy. 

The Rural Community Assistance Partnership (RCAP) is a national network of nonprofit partners working with small, rural, and Indigenous communities to elevate rural voices and build local capacity to improve quality of life — starting at the tap. It has more than 350 technical assistance providers (TAPs), who work in over 2,000 small, rural, and Tribal communities in every U.S. state, the U.S. territories, and on Tribal lands, providing training and technical assistance on drinking and wastewater systems. They also meet communities and work to co-develop solutions for the challenges that matter most to the communities themselves, such as gaining access to safe drinking water, and creating economic development opportunities that can improve livelihoods and long-term individual and community-wide prosperity.

Sources

• Kentucky Rural Water Association, History. 

• RCAP, About. 

The Kentucky government's Customer Bill Of Rights guarantees a set of rights (related to the provision and termination of water service) for customers of a  regulated public utility (not a city-owned utility) subject to Kentucky Revised Statutes and the provisions of the Kentucky Public Service Commission Administrative Regulations. 

In addition, except for city-owned systems, water utilities are required to file and justify their rates with the Public Service Commission. The public has a right to view those documents on the PSC’s website and has a right to comment on rate increase requests made in rate cases before the PSC.

The 1996 Amendments of the Safe Drinking Water Act, a federal law, established numerous "right-to-know" provisions that give customers of public water systems greater access to information and opportunities to get involved in drinking water issues. The right-to-know provisions are based on the premise that accountability to the public is vital to address and prevent threats to drinking water. 

You can get involved by knowing the condition of the waterways feeding the drinking water system that serves your community. Read the Consumer Confidence Report (CCR) every year. Look for the CCR of your water system in your utility bill, water system website, or in the local newspaper. Get informed about source water conditions in your area and find past and current information about the water quality and other data on the waterways in your area and your community water system. Contact your local water system to ask for current water data. When new drinking water regulations are proposed or when funding decisions are being made, comment on them. Your knowledge stemming from the day-to-day experience of your community water system is valuable in policy and decision making. Participate in community activities to protect your water sources. And when you witness or suspect unusual activities, threats, or pollution spills in your watershed, do not hesitate to report them. Think about your children and children's children! 

See also, Where can you seek information on the water quality of Harlan County’s water sources? 

Do you have a say in how your community water system is governed?

How can you help when something is wrong with your water?

Sources

• PSC, Customer Bill of Rights. 

• Team Kentucky Energy and Environment Cabinet, Information for Consumers. 

A good resource for exploring data or information related to water quality is EPA’s How’s My Waterways?.  This collection of data is based on state, federal, tribal, and local agencies and others, which have been provided to EPA. Choose to see water quality information on the community scale (there is also water quality information on the state and national levels). To explore water quality data for Harlan County’s waterways, click here. 

TIP: When exploring data available to the public, always keep in mind that more recent or more detailed water quality data may exist, but they may not be available yet through EPA's databases or other sources. 

Another good source is the Water Quality Portal, which is a cooperative service sponsored by the United States Geological Survey (USGS), the Environmental Protection Agency (EPA), and the National Water Quality Monitoring Council (NWQMC). In this portal, you can find and download data submitted from over 900 federal, state, and tribal agencies, and watershed organizations or groups. 

Also, in EPA’s Enforcement and Compliance History Online (ECHO), you can find whether the facilities serving your community comply or not with environmental regulations; how many and which facilities have current or significant violations, or had violations in the past 3 years, or were subject to formal or informal enforcement actions in the last 5 years. To search facilities of public water systems providing drinking water in Harlan County communities, go to Facility Search, and choose under ‘Media Program’ whether you are looking for data on drinking water, or for wastewater, stormwater, or biosolids. For Kentucky, choose Region 4 and enter the city and county you live in.      

Another important resource is the Kentucky Energy and Environmental Cabinet’s (EEC) Water Health Portal. This is a "one-stop-shop" for all of the Commonwealth's water health information. Here, you can find information about the status of surface water uses near your location - from swimming to fishing to drinking water. You can also find studies and records of reports on various streams and identify Kentucky's "Outstanding State Resource Waters.” For a tutorial video on how to navigate this portal, click here.  

EEC also offers the Special Waters Viewer, which displays waters listed in Kentucky Administrative Regulations (KAR) that are worthy of additional protection. These special uses include cold water aquatic habitats, outstanding state resource waters, outstanding national resource waters, exceptional waters, reference reach waters, state wild rivers, and federal wild and scenic rivers. 

Did you know that in Harlan County there are six watersheds or water bodies designated as Outstanding State Resource Water (OSRW), two watersheds designated as Cold Water Aquatic Habitat (CAH), and one which is designated as both OSRW and CAH? You can learn about the different special-use designations, here -where you can also find a downloadable list of waters in the KY with a CAH or OSRW designated use (401 KAR 10:026). 

One tool that is very useful for Kentucky watershed professionals is the Kentucky Watershed Explorer. This tool features a collection of focused tools for finding information that is required for submitting 319(h) Nonpoint Source Funding Applications. You can search your watershed using stream name, county, and hydrologic unit (HUC), or by scrolling to its location. Once you select your watershed, you will know what major river basin it is, river flow data, whether water system facilities have been assessed for compliance, whether it is a Source Water Protection Zone (SWPP), or if it has any assigned special designations (e.g. if it an Outstanding State Resource Water, or a Division of Water Priority Watershed), and much more. 

A good resource (and model for future projects) for exploring past water quality data (2009-2000) is the Watershed Watch Data Portal. This was developed by the Watershed Watch Kentucky (WWKY), in collaboration with the Kentucky Geological Survey, University of Kentucky. In the  Kentucky Watershed Watch Sample Sites/ KY Volunteer Lake Sampling Results you can find stream flow info, rainfall and temperature info, dissolved oxygen info, conductivity, and pH info as well as lab results on water quality data (bacteria, pesticides, nutrients, metals and other contaminants), which have been gathered by volunteers between 1999-2000. 

Sources

• EPA, Water Quality Data

• Team KY Energy and Environment Cabinet, Data Sources.

• —,   Special-use Waters. 

• U.S. EPA, About How’s my waterways. In Water Health Portal. 

The meetings of all public bodies are required to be open to the public by the Kentucky Open Meetings Law (which does have some exceptions, for example, to go into closed session to discuss personnel matters or pending litigation). But your city council, water district board, and county fiscal court or commission meetings should be open to the public. They are required to maintain a schedule of regular meetings that is available to the public and to publish notice 24 hours in advance (or more) of a special meeting. 

Your opinion regarding how your system is being governed matters. Attend public meetings, public hearings, or your local water system's board meetings. Ask questions and express your opinion to the board or council governing it. The records of those boards are also subject to the Kentucky Open Records law. This means that you can request those records and get information about the system. Knowing your system is vital for addressing informed questions to city and county officials. See LiKEN's Community Engagement Guide for information on using the Kentucky Open Records law.  

If you think your public water system is not being run properly, you can speak to the city or local County officials. Or, you can call, write, or email the Kentucky Public Service Commission (PSC) or the Division of Water and make a complaint.

Also, Kentucky's Drinking Water and Clean Water Advisory Workgroups are open to public involvement.

See also, Where can you seek help when something is wrong with your water?

Source

Rogers S.J., Open Government Guide. In the Reporters Committee for Freedom of the Press. 

The Kentucky Public Service Commission proposes the following course of action when experiencing problems with your utility service. 

1. CONTACT YOUR UTILITY with your question. If the utility representative cannot resolve your problem, ask to speak with a supervisor.

2. IF THE PROBLEM IS STILL NOT RESOLVED, contact the Commission's Consumer Services staff. The investigator will provide information about the Commission's rules and state laws, they will contact the utility for information and documentation regarding your account, and will attempt to resolve your problem through discussion with the utility (see Contacts for Water Emergencies in the Directories and Resources section).

3. IF THE PROBLEM IS STILL NOT RESOLVED, do not hesitate to file a formal complaint and request a hearing before the Commission. The Consumer Services staff can provide you with the proper forms for filing a formal complaint. 

Did you know that the Utility will not discontinue your service if you have a billing complaint pending before the Kentucky Public Service Commission, as long as you pay the undisputed amount of your bill and continue to pay your regular monthly bills.

Source

• Kentucky Public Service Commission, Problems with your Utility Service? 

Once drinking water, flowing from the main water pipes of the community water systems, leaves the meter, its safe delivery becomes the customer’s responsibility. This means that it is the customers’ (or their landlord’s) responsibility to install and maintain water lines and equipment beyond the meter. Also, it is the water customer’s responsibility to repair faulty plumbing that connects their homes to the water and sewer main pipes, as well as the plumbing inside their homes. All water service lines beyond the meter setting should be installed of material consisting of copper, polyethylene, or PVC pipe. Contact your local utility provider for further guidelines when connecting to a community water system. 

All water customers are required to pay the amount of their bill in full on time, monthly, as required by your water provider. Any outstanding balance of the utility account after the due date shall be considered delinquent and a late payment penalty will be added to the delinquent bill. 

Source

• American Legal Publishing, Kentucky Laws.