Title IX, Counties, Cities, and Other Local Units

As used in this chapter, unless the context requires otherwise: (1) "Legislative body" means the chief legislative body of the city, whether it is the board of aldermen, general council, board of commissioners, or otherwise; (2) "Air contaminant" or "air contaminants" includes sm…

(1) In each county of the Commonwealth there is hereby created an air pollution control district. (2) The boundaries of every air pollution control district shall be coextensive with the boundaries of the county within which it is situated.

(1) An air pollution control district shall not transact any business or exercise any of its powers under this chapter until or unless the fiscal court of the county within which such district is situated, by proper resolution, declares at any time hereafter that there is need fo…

The fiscal court of any county desiring to place its air pollution control district in operation and the legislative body of the largest city in such county must hold separate public hearings prior to and for the purpose of determining whether or not there is need for an air poll…

Notice of the public hearing shall be given by the county conducting the hearing by publication pursuant to KRS Chapter 424.

The fiscal court may adopt a resolution declaring that there is need for an air pollution control district to function if from the evidence received at such public hearing it finds: (1) That the air within such county is so polluted with air contaminants as to be injurious to hea…

The legislative body of the largest city in the county may adopt an ordinance declaring that there is need for an air pollution control district to function if from the evidence received at such public hearing it finds: (1) That the air within such city is so polluted with air co…

(1) A resolution of the fiscal court declaring that there is need for an air pollution control district to function is sufficient if it finds that there is need for an air pollution control district to function, and finds in substantially the wording of KRS 77.030 that both the c…

(1) A copy of a resolution of the fiscal court declaring that there is need for an air pollution control district, duly certified by the county clerk, is admissible in evidence in any suit, action or proceeding. (2) A copy of an ordinance of the legislative body of the largest ci…

The district shall be known by and under the name of Air Pollution Control District of .... County, and under such name shall be a public body corporate and a political subdivision of the Commonwealth.

activation and organization. (1) Upon the adoption of the resolution by the fiscal court of the county in which the district is to function, and, where necessary pursuant to KRS 77.015, the passage of the ordinance by the legislative body of the largest city within such county, t…

(1) The district shall have power to sue and be sued, contract and be contracted with, make rules and regulations and do all other things necessary to carry out the provisions of this chapter. (2) The district shall have the power to take by grant, purchase, gift, devise, or leas…

Exception for county containing city of first class or consolidated local government or county where largest city has population of 20,000 or more -- Effect of compact -- Employees of district upon establishment of consolidated local government. (1) The members of the fiscal cour…

Removal -- Effect of compact -- Membership of board upon establishment of consolidated local government. (1) In a county containing a consolidated local government or a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal dec…

All air pollution control board members shall serve without compensation other than recovery of actual expenses from the district funds.

(1) Regular meetings of each air pollution control board shall be held at least once in each calendar month. The time and place of the meetings shall be fixed by the board. (2) A majority of the members of the board shall constitute a quorum for the purpose of conducting business…

pollution control officer -- Deputies, assistants, and other employees. (1) An air pollution control board operating under KRS 77.070 shall, in July of each year, elect from its members a chairman and a vice chairman who shall be of different political party affiliation. The boar…

counties not containing a consolidated local government or a city with a population of 20,000 or more. (1) In all counties other than those provided for in KRS 77.070 or 77.085, the air pollution control board of the air pollution control district may appoint an air pollution con…

employees. The air pollution control board of any air pollution control district in the Commonwealth may employ and remove at pleasure professional and technical advisers, experts, and other employees, skilled or unskilled, as it deems requisite for the performance of its duties.

and employees. An air pollution control board shall require the secretary-treasurer and the air pollution control officer each to execute bond, and may exact from such of its other officers and employees bonds as it may deem expedient. All such bonds shall be payable to the distr…

(1) The air pollution control board of an air pollution control district shall appoint a hearing board to consist of three (3) members, none of whom is a member of the air pollution control board, and only two (2) of whom may be of the same political party affiliation. Two (2) me…

Any person having any interest in the sale or control of any air pollution prevention equipment or apparatus which might be used effectively to reduce the emission of air contaminants shall not be eligible to be a member of an air pollution control board or of a hearing board, or…

responsibilities, and regulatory authority of board -- Vehicle exhaust testing program -- Limitations -- Exemptions. (1) The air pollution control board is hereby declared to be the governing body of an air pollution control district, and shall manage and control all the affairs …

The air pollution control board shall determine the compensation of, and pay from district funds, the secretary-treasurer of the air pollution control board, his assistants, deputies, clerks, attaches, and other employees, the air pollution control officer, his assistants, deputi…

In order to provide money for carrying out the purposes of this chapter, the fiscal court of a county within which the air pollution control district has been activated and the legislative body of a city qualified to appoint members of the board pursuant to KRS 77.070 within such…

(1) In a county containing a consolidated local government or a city of the first class or a city having a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, there is established within the air pollution control distr…

The fiscal year of an air pollution control board district shall begin on the first day of July of each year and end with June 30 next following.

(1) It shall be the duty of the secretary-treasurer of an air pollution control board formed pursuant to KRS 77.070, during or before the month of May of each year, to prepare and certify to the consolidated local government or fiscal court of the county and to the legislative bo…

(1) The air pollution control board created pursuant to KRS 77.070 shall install and maintain a modern and efficient system of accounting and keep financial records. The board, however, may select and use the finance department of the consolidated local government or city to do i…

(1) The air pollution control officer shall observe and enforce, within his air pollution control district: (a) The provisions of this chapter; (b) All orders, regulations, and rules prescribed by the air pollution control board of the air pollution control district pursuant to t…

The provisions of KRS 77.150 to 77.175 do not apply within any air pollution control district unless and until, pursuant to resolution and ordinance as provided in KRS 77.010 to 77.060, such air pollution control district may function and exercise its powers.

enforcement. (1) A person shall not, nor shall an agent or employee of a person, nor shall a person as agent or employee of another, discharge into the atmosphere from any single source of emission whatsoever, any air contaminant in quantities and for a period or periods in exces…

The provisions of KRS 77.155(1) and (2) shall not be applicable: (1) To buildings used exclusively for single owner-occupied private residences. However, the provisions of KRS 77.155 shall be fully effective and applicable if a renovation, demolition, or cleanup of a building may…

assistants and deputies. The air pollution control officer, his deputies and assistants, during reasonable hours, for the purpose of enforcing or administering this chapter or of any order, regulation or rule prescribed pursuant thereto, may enter every building, premises, or oth…

- Exceptions. (1) Except for subsection (3) of this section, the General Assembly does not, by the provisions of this chapter, intend to occupy the field except for requiring a county air pollution control board to exempt from the requirements of a vehicle exhaust testing program…

Any violation of any provision of KRS 77.150 to 77.175 may be enjoined in a civil action brought by the air pollution control board, the air pollution control officer, or any person aggrieved by such violation. Such abatement may be in addition to the fine hereinafter provided.

(1) The air pollution control board of an air pollution control district may make and enforce all needful orders, rules, and regulations necessary or proper to accomplish the purposes of this chapter for the administration of such district, and may perform all other acts necessar…

Adoption of procedural rules for the promulgation of regulations. (1) The air pollution control board shall not enact any order, rule, or regulation until it first holds a public hearing thereon. It shall give notice of the public hearing by publication pursuant to KRS Chapter 42…

pollution. Whenever the air pollution control board finds that the air in the air pollution control district is so polluted as to cause any discomfort or property damage at intervals to a substantial number of inhabitants of the district, the air pollution control board may make …

statute relating to alternative emission limitations. The air pollution control board, in conjunction with the Energy and Environment Cabinet, shall promulgate administrative regulations, rules, and orders, to implement Section 7412(i)(5) of Title 42, United States Code, relating…

Issuance of permits -- Changes -- Submission of plans and specifications -- Exempted installations. (1) The air pollution control board may require by regulation that before any person builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other c…

installations. (1) The air pollution control board may contract with the county in which the air pollution control district is located, and may contract with any city within the district, and the county and any such city may contract with the air pollution control district, for t…

(1) The air pollution control board may provide by regulation a schedule of annual emission fees to cover all reasonable direct and indirect costs required to maintain authorization to develop and administer the district's permit program requirements under Title V of the Federal …

installations. A contract entered into pursuant to KRS 77.200 may provide that fees for permits shall be paid to the county or city, the officer, department, or agency of which county or city issues the permit, and may be retained by such county or city in whole or in part as the…

officer. The air pollution control officer may, at any time, require from any person who operates any plant or uses any article, machine, equipment, or other contrivance specified by the regulations of the air pollution control board or this chapter, the use or operation of which…

concerning installation -- Notice -- Reinstatement. (1) If the holder of any permit provided for by the regulations of the air pollution control board within a reasonable time willfully fails and refuses to furnish to the air pollution control officer information, analyses, plans…

(1) The air pollution control officer may request the hearing board to hold a public hearing to determine whether a permit should be revoked, or a suspended permit should be reinstated. (2) Within thirty (30) days after either the air pollution control officer or the permittee ha…

After a public hearing, the hearing board may: (1) Continue the suspension of a permit suspended by the air pollution control officer; or (2) Remove the suspension of an existing permit invoked by the air pollution control officer pending the furnishing by the permittee of the in…

It shall be considered a violation of this chapter for any person to: (1) Knowingly make any false statement in any application for a permit or in any information, analyses, plans, or specifications submitted either in conjunction therewith, or at the request of the air pollution…

Any violation of any provision of subsections (2), (3), (4), and (5) of KRS 77.235 may be enjoined in a civil action brought by the air pollution control board, the air pollution control officer, or any person aggrieved by such violation.