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.
065. County officers are ex officio officers and other personnel of district -- Exception for county containing city of first or second class or consolidated local government -- Effect of compact -- Employees of district upon establishment of consolidated local government.
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.