Title XVIII, Public Health

Administrative regulations -- Fund -- Independent review. (1) If the owner of a merchant electric generating facility fails to complete the decommissioning plan within eighteen (18) months of the date that the facility ceases to produce electricity for sale and the secretary has …

activity without hearing -- Subsequent hearing. Notwithstanding any inconsistent provisions of law, whenever the secretary finds, after investigation, that any person or combination of persons is causing, engaging in or maintaining a condition or activity which, in his judgment, …

-- Hearing. (1) Whenever the cabinet has reason to believe that a violation of any of the provisions of this chapter or any administrative regulation promulgated pursuant thereto has occurred, it shall issue and serve upon the person complained against a written notice of the pro…

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 …

The authority may enter into assistance agreements with governmental agencies, and governmental agencies may enter into assistance agreements with the authority in connection with infrastructure projects. Each assistance agreement shall be subject to review by the Capital Project…

(1) There is hereby established in the State Treasury a revolving account to be known as the residential housing infrastructure fund. The fund shall consist of moneys received from state appropriations, gifts, grants, federal funds, and all repayment, interest or other return on …

A one-half of one percent (0.5%) administrative fee shall be paid to the Kentucky Infrastructure Authority for the administration of each project funded by the infrastructure for economic development fund for coal-producing counties and the infrastructure for economic development…

(1) All moneys derived by the authority pursuant to assistance agreements other than those assistance agreements funded under KRS 224A.111, 224A.112, and 224A.1121 shall be received by the authority as constituting authority revenues, and shall, in common with other authority rev…

Duties of authority. (1) The federally assisted wastewater revolving fund shall be established in the State Treasury and shall be administered by the authority under an agreement with the Energy and Environment Cabinet to assure compliance with the federal act. (2) The fund shall…

Duties of authority. (1) The federally-assisted water supply revolving fund shall be established in the State Treasury and shall be administered by the authority under an agreement with the Energy and Environment Cabinet to assure compliance with the federal act. (2) The fund sha…

responsibilities. (1) There is established the Office of Broadband Development, which shall: (a) Be administratively attached to the Kentucky Infrastructure Authority; (b) Encourage, foster, develop, and improve broadband within the Commonwealth to: 1. Drive job creation, promote…

deployment fund -- Purpose -- Use of moneys. (1) The infrastructure revolving fund shall be established in the State Treasury and shall be administered by the authority. The fund shall be a dedicated fund, and all moneys in the fund shall be allocated and dedicated solely to prov…

Funding criteria and prioritization schedules -- Guidelines and standards for grants -- Applications available to public -- Challenge -- Partial funding -- Administrative regulations. (1) (a) The purpose of the broadband deployment fund set forth in KRS 224A.112 shall be to: 1. A…

Infrastructure Improvement Program. (1) The General Assembly hereby finds and declares that: (a) A rural infrastructure improvement fund, and a program to administer the fund, is necessary to further the Commonwealth's goal to expand and accelerate access to broadband service thr…

The authority may promulgate administrative regulations to implement KRS 224A.111, 224A.1115, and 224A.112.

The General Assembly finds and declares that: (1) Pursuant to KRS 224A.1118(1)(f)2., the Office of Broadband Development is established as the single point of contact and liaison between the Commonwealth and federal agencies with regard to programs to expand access to broadband i…

As used in KRS 224A.115 to 224A.118: (1) "Administration" means the National Telecommunications and Information Administration; (2) "BEAD Program" means the federal Broadband Equity Access and Deployment Program administered by the National Telecommunications and Information Admi…

Application of federal law -- Grantee applications for funding. (1) The Kentucky BEAD Grant Program is hereby established for the purpose of defraying eligible expenses associated with projects intended to provide broadband service to unserved and underserved areas of the Commonw…

(1) The BEAD fund is hereby established in the State Treasury and shall be administered by the office. All moneys in the fund shall be allocated and dedicated to: (a) Providing moneys to grantees that comply with federal requirements and the requirements developed by the office i…

(1) The authority may provide, at one (1) time or from time to time, for the issuance of its Kentucky Infrastructure Authority revenue bonds, for the purpose of providing funds and moneys to the authority to enable it to enter into assistance agreements with governmental agencies…

(1) In the discretion of the authority, any revenue bonds or notes issued under the provisions of this chapter may be secured by a trust indenture by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company with…

(1) The authority is hereby authorized to provide for the issuance of refunding revenue bonds or notes for the purpose of refunding any revenue bonds or notes then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redempti…

Revenue bonds and notes issued by the authority under the provisions of this chapter are hereby declared and deemed to be securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, bankin…

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…

Revenue bonds or notes issued by the authority under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or of any political subdivision thereof, or a pledge of the faith and credit of the Commonwealth or of any political subdivision thereo…

Approval of General Assembly required for certain bond or note issuances. (1) The authority may, in connection with the issuance of its revenue bonds and notes for the accomplishment of its public purposes pursuant to this chapter, establish in respect of the revenue bonds and no…

Notwithstanding any other provisions of law to the contrary, all moneys, funds, properties, and assets acquired by the authority, pursuant to this chapter, whether as proceeds from the sale of authority revenue bonds or notes, or as authority revenues, or otherwise, shall be deem…

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…