58 chapters · 2,528 sections in this title.
KRS § 77.175 Violations may be enjoined
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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.
KRS § 77.180 Orders, rules and regulations
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(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…
KRS § 77.185 Public hearing to be held before enactment of orders, rules, or regulations -- Adoption of procedural rules for the promulgation of regulations
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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…
KRS § 77.190 Authority to enact orders, rules and regulations for reduction of air pollution
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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 …
KRS § 77.192 Board to promulgate administrative regulations to implement federal statute relating to alternative emission limitations
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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…
KRS § 77.195 Regulation of installations which may cause emission of air contaminants -- Issuance of permits -- Changes -- Submission of plans and specifications -- Exempted installations
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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…
KRS § 77.200 Authority to contract with city or county for assistance in regulation of installations
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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…
KRS § 77.205 Annual emission fees -- Permit fees
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(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 …
KRS § 77.210 Payment of permit fees to city or county assisting in regulation of installations
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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…
KRS § 77.215 Information concerning installations to be furnished air pollution control officer
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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…
KRS § 77.220 Suspension of permit for failure or refusal to furnish information concerning installation -- Notice -- Reinstatement
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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…
KRS § 77.225 Public hearing on revocation or suspension of permit
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(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…
KRS § 77.230 Powers of hearing board after public hearing
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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…
KRS § 77.235 Violations
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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…
KRS § 77.240 Injunctive relief for certain violations
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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.
KRS § 77.245 Variances may be permitted
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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 …
KRS § 77.250 Hearings on variances -- Notice
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(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…
KRS § 77.255 Fees for variances
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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…
KRS § 77.260 Standards prescribed for granting variances
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(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 …
KRS § 77.265 Hearing on revocation or modification of variance -- Notice
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(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…
KRS § 77.270 Time limit may be specified in order permitting variance
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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…
KRS § 77.275 Continuation of variances granted by prior ordinance
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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 Application of KRS 77.280 to 77.305 to certain hearings
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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.
KRS § 77.285 Hearing board, chairman -- Rehearing
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(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…
KRS § 77.290 Subpoenas
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(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…
KRS § 77.295 Enforcement of subpoenas by contempt proceedings -- Personal attachment
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(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…
KRS § 77.300 Members of hearing board may administer oaths to witnesses
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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.
KRS § 77.305 Appeals
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(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…
KRS § 77.310 Proceedings for alleged violations of chapter or regulations and for petitions for a hearing on board orders or determinations -- Hearing officers
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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…
KRS § 77.315 Appeals from final orders of board -- Appeals from Circuit Court orders
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(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…
KRS § 77.320 Elimination of vehicle emissions testing program in county containing consolidated local government -- Determination of need for program
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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…
KRS § 77.325 Evidentiary privilege for environmental audit under KRS 224.1-040 applicable to any person or facility that performs an environmental audit under KRS Chapter 77
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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…
KRS § 77.990 Penalties
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(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 …
KRS § 78.150 Omitted, 1948
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Catchline at time of omission: Civil service commission; appointment, qualifications, term, vacancies, oath, salary; inviolate contract on establishment of pension fund.
KRS § 78.160 Omitted, 1948
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Catchline at time of omission: Organization of commission.
KRS § 78.170 Omitted, 1948
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Catchline at time of omission: Examination of applicants; eligible lists.
KRS § 78.180 Omitted, 1948
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Catchline at time of omission: Appointments.
KRS § 78.190 Omitted, 1948
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Catchline at time of omission: Status of present patrolmen.
KRS § 78.200 Omitted, 1948
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Catchline at time of omission: Qualifications of applicants; political activity.
KRS § 78.210 Omitted, 1948
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Catchline at time of omission: Removal, suspension or reduction; charges; hearing.
KRS § 78.220 Omitted, 1948
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Catchline at time of omission: Appeal.
KRS § 78.230 Omitted, 1948
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Catchline at time of omission: Number, classification and salaries of patrolmen.
KRS § 78.240 Omitted, 1948
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Catchline at time of omission: Board of trustees of pension fund; membership, officers, treasurer.
KRS § 78.250 Omitted, 1948
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Catchline at time of omission: Pension fund; establishment, purposes, sources, investment.
KRS § 78.260 Omitted, 1948
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Catchline at time of omission: Control and management of pension fund; assessments on salaries of patrolmen.
KRS § 78.270 Omitted, 1948
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Catchline at time of omission: Rules for administration of fund; decisions on applications; records.
KRS § 78.280 Omitted, 1948
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Catchline at time of omission: Investment of pension fund.
KRS § 78.290 Omitted, 1948
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Catchline at time of omission: Interest on investments.
KRS § 78.300 Omitted, 1948
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Catchline at time of omission: Pension benefits for disability or death.
KRS § 78.310 Omitted, 1948
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Catchline at time of omission: Apportionment of benefits when fund insufficient.