Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE IX. COUNTIES, CITIES, AND OTHER LOCAL UNITS |
CHAPTER 77. AIR POLLUTION CONTROL |
005. Definitions for chapter. |
010. Creation and boundaries of districts. |
015. Action of fiscal court and city legislative body necessary to activate district. |
020. Public hearings for determination of whether district shall function. |
025. Notice of hearings. |
030. Resolution of fiscal court to be based upon findings of fact. |
035. Ordinance of city legislative body to be based upon findings of fact. |
040. Form and sufficiency of resolution and ordinance. |
045. Certified copies of resolution and ordinance admissible in evidence. |
050. Name and corporate powers of district. |
055. District to function immediately following activation -- Conclusiveness of activation and organization. |
060. General powers of district. |
070. Air pollution control board, membership -- Qualifications -- Vacancies -- Removal -- Effect of compact -- Membership of board upon establishment of consolidated local government. |
075. Air pollution control board members to serve without compensation. |
080. Meetings of board. |
085. Election of chairman and vice chairman -- Secretary-treasurer and air pollution control officer -- Deputies, assistants, and other employees. |
090. Air pollution control officer, assistants, deputies and other employees in counties not containing first or second-class city. |
095. Employment of professional, technical or other advisers, experts and employees. |
100. Bond of secretary-treasurer, air pollution control officer and other officers and employees. |
105. Hearing board -- Membership, qualifications, term, removal. |
110. Persons ineligible to membership on boards or employment by district. |
115. Air pollution control board is governing body of district -- Duties, responsibilities, and regulatory authority of board -- Vehicle exhaust testing program -- Limitations -- Exemptions. |
120. Compensation of officers and employees. |
125. Appropriations by city and county. |
127. Air quality trust fund. |
130. Fiscal year. |
135. Budget -- Contingent fund -- Compliance with KRS 65A.010 to 65A.090. |
140. Accounting -- Audits and attestation procedures. |
145. Duties of air pollution control officer -- Powers as peace officer. |
150. Prohibitions inapplicable unless district activated. |
155. Prohibited emission of air contaminants. |
160. Operations exempted from provisions of KRS 77.155. |
165. Right of entry and inspection powers of air pollution control officer, assistants and deputies. |
170. Stricter local regulation not preempted -- Local ordinances not superseded -- Exceptions. |
175. Violations may be enjoined. |
180. Orders, rules and regulations. |
185. Public hearing to be held before enactment of orders, rules, or regulations -- Adoption of procedural rules for the promulgation of regulations. |
190. Authority to enact orders, rules and regulations for reduction of air pollution. |
192. Board to promulgate administrative regulations to implement federal statute relating to alternative emission limitations. |
195. Regulation of installations which may cause emission of air contaminants -- Issuance of permits -- Changes -- Submission of plans and specifications -- Exempted installations. |
200. Authority to contract with city or county for assistance in regulation of installations. |
205. Annual emission fees -- Permit fees. |
210. Payment of permit fees to city or county assisting in regulation of installations. |
215. Information concerning installations to be furnished air pollution control officer. |
220. Suspension of permit for failure or refusal to furnish information concerning installation -- Notice -- Reinstatement. |
225. Public hearing on revocation or suspension of permit. |
230. Powers of hearing board after public hearing. |
235. Violations. |
240. Injunctive relief for certain violations. |
245. Variances may be permitted. |
250. Hearings on variances -- Notice. |
255. Fees for variances. |
260. Standards prescribed for granting variances. |
265. Hearing on revocation or modification of variance -- Notice. |
270. Time limit may be specified in order permitting variance. |
275. Continuation of variances granted by prior ordinance. |
280. Application of KRS 77.280 to 77.305 to certain hearings. |
285. Hearing board, chairman -- Rehearing. |
290. Subpoenas. |
295. Enforcement of subpoenas by contempt proceedings -- Personal attachment. |
300. Members of hearing board may administer oaths to witnesses. |
305. Appeals. |
310. Proceedings for alleged violations of chapter or regulations and for petitions for a hearing on board orders or determinations -- Hearing officers. |
315. Appeals from final orders of board -- Appeals from Circuit Court orders. |
320. Elimination of vehicle emissions testing program in county containing consolidated local government -- Determination of need for program. |
990. Penalties. |