58 chapters · 2,528 sections in this title.
KRS § 76.375 Bond of commissioners and treasurer
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The commissioners shall give bond in such amount as the county judge/executive may require. The treasurer shall give bond in such amount as the commission may require.
KRS § 76.380 Governmental nature of commission's function
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The creation of a sewer construction district, and the carrying out of its corporate purposes are in all respects in the interest of public health and for a public purpose. A sewer construction district performs a governmental function in the exercise of the powers conferred upon…
KRS § 76.385 County attorney to represent commission -- Additional counsel
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The county attorney shall represent the commission, but the commission may employ additional counsel when the amount of its legal work requires this.
KRS § 76.390 Additional or alternate method of financing construction
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Any sewer construction district created in the manner provided in KRS 76.300 to 76.325 may, if the commissioners of such district deem it advisable, use the authority and procedures granted to incorporated municipalities by KRS 107.010 to 107.220. When applied to sewer constructi…
KRS § 76.395 Construction of KRS 76.390
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The provisions of KRS 76.390 shall not repeal or reduce any existing rights or duties of sewer construction districts or the commissioners thereof, but shall constitute an additional method of financing which may be used in conjunction with KRS 76.300 to 76.385, or may be an alte…
KRS § 76.400 Exemption from KRS 76.085 -- Exception
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Any sewer construction district created in the manner provided in KRS 76.300 to 76.325 is exempt from the provisions of KRS 76.085, subsections (2) and (3), except when said sewer construction district empties its effluent into mains or plants operated by metropolitan sewer distr…
KRS § 76.405 Alternate method of annexation
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Any sewer construction district created in the manner provided in KRS 76.300 to 76.325 may, if the commissioners of such district deem it advisable, use the authority and procedures granted to sanitation districts by KRS 220.535 to 220.537 to annex territory to the district, "boa…
KRS § 76.410 Exception to limitation of KRS 220.535
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Language in KRS 220.535, limiting the powers of annexation to a sanitation district in a county not containing a city of the first class, shall not be applicable to sewer construction districts which may use this method of annexation, even if they are located in a county containi…
KRS § 76.415 Effect of KRS 76.405 and 76.410
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The provisions of KRS 76.405 and 76.410 shall not repeal or reduce any existing rights or duties of sewer construction districts or commissioners thereof, but shall constitute merely a procedure for annexation by sewer construction districts.
KRS § 76.420 Apportionment warrants -- Effect of section
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(1) Any sewer construction district created in the manner provided in KRS 76.300 to 76.400 may, if the commissioners of such district deem it feasible, instead of issuing bonds as provided in KRS 76.365, issue apportionment warrants, using the procedures after assessment set out …
KRS § 76.600 Authority to provide for, construct and finance wastewater collection projects
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projects. Existing metropolitan sewer districts created pursuant to the provisions of KRS 76.010 to 76.210 may provide for, construct, and finance wastewater collection projects according to the financing plan set forth in KRS Chapters 76 and 107. This authority is in addition to…
KRS § 76.610 Use of authority and procedures granted municipalities -- Terms in KRS Chapter 107 defined
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Chapter 107 defined. Any metropolitan sewer district created in the manner provided in this chapter may, if the board of such district deems it advisable, use the authority and procedures granted to incorporated municipalities by KRS 107.010 to 107.220. When applied to metropolit…
KRS § 76.620 Approval required
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In undertaking wastewater collection projects under KRS Chapters 76 and 107, metropolitan sewer districts are vested with exclusive authority to plan, design, initiate, finance, and carry out construction of the projects solely according to the requirements and procedures of KRS …
KRS § 76.630 Removal or relocation of municipal, municipally-owned utility or water district service equipment or appliances
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district service equipment or appliances. The provisions of KRS 76.120 notwithstanding, whenever any district shall determine that it is necessary that any fire plugs, water pipes, mains, and conduits, and other water service related equipment and appliances, belonging to any mun…
KRS § 76.640 Enforcement powers
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(1) Any metropolitan sewer district which has initiated a wastewater collection project under the provisions of KRS Chapters 76 and 107 may enforce payment of annual improvement benefit assessments levied in respect of such project and may enforce rules and regulations relative t…
KRS § 77.005 Definitions for chapter
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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…
KRS § 77.010 Creation and boundaries of districts
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(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.
KRS § 77.015 Action of fiscal court and city legislative body necessary to activate district
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(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…
KRS § 77.020 Public hearings for determination of whether district shall function
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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…
KRS § 77.025 Notice of hearings
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Notice of the public hearing shall be given by the county conducting the hearing by publication pursuant to KRS Chapter 424.
KRS § 77.030 Resolution of fiscal court to be based upon findings of fact
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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…
KRS § 77.035 Ordinance of city legislative body to be based upon findings of fact
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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…
KRS § 77.040 Form and sufficiency of resolution and ordinance
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(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…
KRS § 77.045 Certified copies of resolution and ordinance admissible in evidence
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(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…
KRS § 77.050 Name and corporate powers of district
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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.
KRS § 77.055 District to function immediately following activation -- Conclusiveness of activation and organization
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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…
KRS § 77.060 General powers of district
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(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…
KRS § 77.065 County officers are ex officio officers and other personnel of district -- 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
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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…
KRS § 77.070 Air pollution control board, membership -- Qualifications -- Vacancies -- Removal -- Effect of compact -- Membership of board upon establishment of consolidated local government
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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…
KRS § 77.075 Air pollution control board members to serve without compensation
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All air pollution control board members shall serve without compensation other than recovery of actual expenses from the district funds.
KRS § 77.080 Meetings of board
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(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…
KRS § 77.085 Election of chairman and vice chairman -- Secretary-treasurer and air pollution control officer -- Deputies, assistants, and other employees
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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…
KRS § 77.090 Air pollution control officer, assistants, deputies and other employees in counties not containing a consolidated local government or a city with a population of 20,000 or more
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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…
KRS § 77.095 Employment of professional, technical or other advisers, experts and employees
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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.
KRS § 77.100 Bond of secretary-treasurer, air pollution control officer and other officers and employees
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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…
KRS § 77.105 Hearing board -- Membership, qualifications, term, removal
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(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…
KRS § 77.110 Persons ineligible to membership on boards or employment by district
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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…
KRS § 77.115 Air pollution control board is governing body of district -- Duties, responsibilities, and regulatory authority of board -- Vehicle exhaust testing program -- Limitations -- Exemptions
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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 …
KRS § 77.120 Compensation of officers and employees
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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…
KRS § 77.125 Appropriations by city and county
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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…
KRS § 77.127 Air quality trust fund
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(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…
KRS § 77.130 Fiscal year
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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.
KRS § 77.135 Budget -- Contingent fund -- Compliance with KRS 65A.010 to 65A.090
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(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…
KRS § 77.140 Accounting -- Audits and attestation procedures
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(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…
KRS § 77.145 Duties of air pollution control officer -- Powers as peace officer
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(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…
KRS § 77.150 Prohibitions inapplicable unless district activated
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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.
KRS § 77.155 Prohibited emission of air contaminants -- Basis of compliance and enforcement
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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…
KRS § 77.160 Operations exempted from provisions of KRS 77.155
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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…
KRS § 77.165 Right of entry and inspection powers of air pollution control officer, assistants and deputies
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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…
KRS § 77.170 Stricter local regulation not preempted -- Local ordinances not superseded -- Exceptions
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- 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…