Title XVIII, Public Health

In case of refusal to obey a subpoena issued to any person, any Circuit Court of competent jurisdiction, upon application by any party, may issue to that person an order requiring him to appear before the cabinet, there to produce documentary evidence if so ordered or to give evi…

Rights of parties -- Records -- Hearings to be public -- Administrative regulations. (1) All hearings under this chapter shall be held before a qualified hearing officer, who may be a full-time employee of the cabinet, serve by contract, or be paid on a per diem basis in the disc…

(1) Appeals may be taken from all final orders of the Energy and Environment Cabinet. Except as provided in subsection (3) of this section, the appeal shall be taken to the Franklin Circuit Court within thirty (30) days from entry of the final order. The party or parties affected…

containers -- Assistance to household waste educational and collection programs. (1) The cabinet shall implement a program to provide technical assistance to counties, cities, and urban-county governments that seek to develop programs to accept and dispose of nonindustrial surplu…

The Kentucky Environmental Education Council, the Energy and Environment Cabinet, and the Department of Education shall establish a program to educate the citizens of the Commonwealth of the importance of reducing and managing waste effectively, the need for individual action to …

state property for composting. The cabinet shall provide technical assistance to state agencies directed to undertake composting activities under the provisions set out in KRS 56.005. By January 21, 1992, the cabinet shall have identified state property in every county where yard…

funds received -- Resource conservation and recovery fund. (1) The secretary of the Energy and Environment Cabinet shall assume the primary responsibility in state government for implementing a source separation and collection program for waste materials generated as a result of …

analysis of wastewater pollution -- Data submitted by uncertified laboratory invalid. (1) The cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A establishing: (a) Standards for the operation of laboratories relating to analyses and laboratory tests for …

term control plans, or enforcing federal Water Pollution Control Act. When issuing permits under KRS 224.16-050 for discharges consisting of combined sewer overflows, requiring and approving long-term control plans for wet weather discharges from combined or separate sanitary sew…

Activities not requiring permit -- Wetlands delineation -- Application fee. (1) The cabinet may issue federal permits pursuant to 33 U.S.C. sec. 1342(b) of the federal Water Pollution Control Act, 33 U.S.C. sec. 1251 et seq., subject to the conditions imposed in 33 U.S.C. secs. 1…

as outstanding state resource waters. (1) When issuing permits under KRS 224.16-050 for discharges into waters designated as outstanding state resource waters due to the water’s support of federally threatened and endangered species of aquatic organisms, the cabinet shall, to the…

The cabinet is hereby designated as the water pollution agency for this state and for any city, county, or district, or authority within this state for all purposes of the Water Pollution Control Act (Public Law 80-845 approved June 30, 1948), as amended, as air pollution agency …

applicants eligible for Nationwide Permit 21 or 26. (1) This section shall apply to the cabinet's issuance, waiver, or denial of water quality certifications for surface coal mining operations, as defined in KRS 350.010, if: (a) The applicant for the water quality certification h…

bioaccumulative chemicals of concern -- Required information for permit modification or renewal. (1) In accordance with the water quality standards established in 401 KAR 10:029 in effect on March 24, 2021, which were submitted to and deemed approved by the United States Environm…

application request requirement. (1) As used in this section, "rapid and complete mixing" means the limited area surrounding or downstream from a wastewater discharge location where complete mixing of treated wastewater and receiving water occurs rapidly through the use of a subm…

The Kentucky General Assembly recognizes that the purity and lifegiving qualities of our environment are of great concern to the people of the Commonwealth and to all Americans, that the ultimate responsibility for the quality of Kentucky's environment rests upon the government o…

Assembly -- Exceptions. Any supplementary agreement entered into pursuant to Article IV of the Compact and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation the…

The Interstate Compact on Air Pollution is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON AIR POLLUTION ARTICLE I The party states to this compact hereby provide for the control of…

Pursuant to Article III of the compact set forth in KRS 224.18-200, the Governor shall appoint four (4) commissioners in addition to the secretary of the Energy and Environment Cabinet as members of the Interstate Air Pollution Control Commission. The commissioners shall promulga…

Any payments necessary to discharge any financial obligations imposed upon the State of Kentucky by the compact, as provided in KRS 224.18-200, shall be made from the general fund appropriations to the Interstate Air Pollution Control Commission upon presentation to the Finance a…

(1) A three (3) member Interstate Water Sanitation Board is established. The members of the board shall serve as Kentucky's members of interstate water sanitation control commissions created by compacts to which Kentucky is a party, which compacts are composed of states forming a…

The interstate water sanitation control commissions created by compacts to which Kentucky is a party, which compacts are composed of states forming a river basin, shall have all the powers provided for in the respective compacts, and all the powers necessary or incidental to the …

The following Ohio River Valley Water Sanitation Compact, which has been negotiated by representatives of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Virginia, is approved, ratified, adopted, enacted into law, and entered into by th…

The Tennessee River Basin Water Pollution Control Compact is enacted and entered into by the Commonwealth of Kentucky as a party and is of full force and effect as between the Commonwealth of Kentucky and any other state of the Tennessee River Basin Water Pollution Control Distri…

The Governor is authorized to enter into supplementary agreements with the State of Tennessee for the regulation and abatement of water pollution in areas and river basins common to the Commonwealth of Kentucky and the State of Tennessee, and may take such supplementary action as…

The Governor is authorized to negotiate and enter into compacts with other states relating to the management of solid waste including reduction, collection, transportation, and disposal. Such compacts must be ratified by the General Assembly.

(1) As used in this section, "emergency stationary internal combustion engine" means any engine that: (a) Has no time limits on use in emergency situations; (b) Is operated for a maximum of one hundred (100) hours per calendar year for all nonemergency situations, including maint…

The Kentucky General Assembly hereby finds that it is necessary to the health and welfare of the citizens of Kentucky that there be maintained at all times both now and in the future a reasonable degree of purity of the air resources of this Commonwealth consistent with maximum e…

compliance and enforcement -- Cabinet to promulgate administrative regulations to implement federal statute relating to alternative emission limitations. (1) No person shall, directly or indirectly, emit into or discharge into the air under the jurisdiction of the Commonwealth, o…

In exercising the power conferred upon it by this chapter the Energy and Environment Cabinet shall give due recognition to the policy as heretofore expressed in KRS 224.20- 100. The cabinet, in fixing standards, shall require the use of all available, practical, and reasonable me…

imposing permit conditions based on Kyoto Protocol without state or federal legislation. (1) The cabinet shall not promulgate administrative regulations or impose permit conditions on the emission of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or…

(1) Each county which pursuant to the provisions of KRS Chapter 77 has established or will establish a local air pollution control program, shall submit a synopsis of said program together with such standards and procedures as are enacted by regulations to the cabinet for approva…

dioxide emission reduction performance standards for electric generating units. The Kentucky General Assembly hereby finds and declares that: (1) The United States Environmental Protection Agency intends to adopt guidelines to reduce carbon dioxide emissions from existing fossil …

fired and natural gas-fired electric generating units. (1) In developing and implementing any plan to control emissions of carbon dioxide, the cabinet shall establish separate standards of performance for carbon dioxide emissions in accordance with: (a) KRS 224.20-142 for existin…

existing coal-fired electric generating units. Except for adjustments of the performance standard on a case-by-case basis under KRS 224.20-144, the performance standard that shall be established for existing coal-fired electric generating units shall be based on the following: (1…

existing natural gas-fired electric generating units. Except for adjustments of the performance standard on a case-by-case basis under KRS 224.20-144, the performance standard that shall be established for existing gas-fired electric generating units shall be based on the followi…

existing fossil fuel-fired electric generating units. In establishing a performance standard for any existing fossil fuel-fired electric generating unit, the cabinet shall consider, in all cases, whether to adopt less stringent performance standards or longer compliance schedules…

establishing carbon dioxide emission reduction performance standards for existing fossil fuel-fired electric generating units -- Administrative regulations - - Conditions under which performance standards plan is a legal nullity. (1) The cabinet shall not propose or submit to the…

standards. To the maximum extent permissible, the cabinet may develop a method for electric generating units to implement the performance standards that gives the electric generating units flexibility to comply with the performance standards.

court approval. (1) Any air contaminant source that thermally treats soils that have been contaminated by releases of petroleum from underground tanks at commercial or industrial facilities where the soils are not otherwise regulated as hazardous waste shall be subject to this se…

For the purpose of adopting the Asbestos Hazard Emergency Response Act, called AHERA, Public Law (99-519), as amended, the cabinet may develop, adopt, and maintain a comprehensive statewide asbestos assessment and response program and an accreditation program that shall replicate…

The cabinet may charge a fee necessary to recover all costs incurred by the implementation and operation of the asbestos programs required under KRS 224.20-300.

Notwithstanding any statute or regulation to the contrary, the facilities of those entities defined in KRS 278.010(3) shall be required to comply solely with the National Emission Standards for Asbestos, of the United States Environmental Protection Agency and applicable rules an…

The General Assembly hereby declares that assisting small businesses in complying with the requirements of the 1990 Federal Clean Air Act amendments is a top priority due to the pervasive technical nature of these requirements. The General Assembly also finds that assisting small…

and Environmental Compliance Assistance Program -- Functions. The cabinet is hereby authorized to establish the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, referred to hereafter as "the program." The program shall perform the functi…

Compensation. (1) There is hereby established the Small Business Stationary Source Compliance Advisory Panel, referred to hereafter as "the panel," to determine the overall effectiveness of Kentucky's Small Business Stationary Source Technical and Environmental Compliance Assista…