Title IX, Counties, Cities, and Other Local Units

The provisions of this chapter do not prohibit the discharge of air contaminants to a greater extent or for a longer time, or both, than permitted by KRS 77.150 to 77.175 or by rules, regulations, or orders of the air pollution control board, if not of a greater extent or longer …

(1) The hearing board on its own motion or at the request of any person may hold a hearing to determine under what conditions and to what extent a variance from the requirements established by KRS 77.150 to 77.175 or by rules, regulations, or orders of the air pollution control b…

The air pollution control board may provide, by regulation, a schedule of fees which will yield a sum not exceeding the estimated cost of the administration of KRS 77.245 to 77.275, for the filing of applications for variances or to revoke or modify variances. All applicants shal…

(1) If the hearing board finds that because of conditions beyond control compliance with KRS 77.150 to 77.175 or with any rule, regulation, or order of the air pollution control board will result in an arbitrary and unreasonable taking of property or in the practical closing and …

(1) The hearing board may revoke or modify by written order, after a public hearing held upon not less than ten (10) days' notice, any order permitting a variance. (2) The hearing board shall serve, by personal service or by certified mail, return receipt requested, notice of the…

The hearing board in making any order permitting a variance may specify the time during which such order will be effective, in no event to exceed one (1) year, but such variance may be continued from year to year without another hearing on the approval of the air pollution contro…

If any local ordinance has provided regulations similar to those in KRS 77.150 to 77.175 or to any order, regulation, or rule prescribed by the air pollution control board, and has provided for the granting of variances, and pursuant to the local ordinance a variance has been gra…

KRS 77.280 to 77.305 applies to all hearings which KRS 77.180 to 77.275 provide shall be held by the hearing board.

(1) The hearing board shall select from its number a chairman. (2) The hearing board may hold a hearing en banc or may designate two (2) or one (1) of their number to hold a hearing. (3) If two (2) or three (3) members of the hearing board conduct a hearing the concurrence of two…

(1) Whenever the members of the hearing board conducting any hearing deem it necessary to examine any person as a witness at such hearing, the chairman of the hearing board shall issue a subpoena, in proper form, commanding such person to appear before it at a time and place spec…

(1) Whenever any person duly subpoenaed to appear and give evidence or to produce any books and papers before the hearing board neglects or refuses to appear, or to produce any books and papers, as required by the subpoena, or refuses to testify or to answer any question which th…

At any hearing the hearing board may require all or any witnesses to be sworn before testifying. Every member of the hearing board may administer oaths in every hearing in which he participates.

(1) Any person, being a party of record at such hearing, deeming himself aggrieved, including the air pollution control district, may maintain a special proceeding in equity in the Circuit Court of the county in which the district is located, to determine the reasonableness and l…

for a hearing on board orders or determinations -- Hearing officers. (1) If there is reason to believe that a violation of this chapter or of a regulation promulgated under this chapter has occurred within an air pollution control district, the district shall issue and mail to or…

(1) Appeals may be taken from a final order of the board rendered after a hearing. An appeal shall be taken within thirty (30) days from the rendition of an order to the Circuit Court of the county in which the district is located. A person affected by the order shall file in the…

consolidated local government -- Determination of need for program. (1) If by December 1 following the approval of a consolidated local government, the county containing the adopted consolidated local government has been notified by federal authorities of the attainment of the co…

applicable to any person or facility that performs an environmental audit under KRS Chapter 77. (1) As used in this section, "environmental audit" has the same meaning as in KRS 224.1-040. (2) Any person or facility subject to the requirements of this chapter or the rules, orders…

(1) A person who violates any provision of this chapter shall be liable for the assessment by the district of a civil penalty not to exceed ten thousand dollars ($10,000). Every day or any portion thereof during which the violation occurs or continues shall constitute a separate …