Title XVIII, Public Health

The Governor is authorized to negotiate and enter into compacts with other states relating to the management of solid waste including reduction, collection, transportation, and disposal. Such compacts must be ratified by the General Assembly.

(1) In order to protect the public health, safety, and welfare, and in order to assure the prompt and necessary payment to the authority of all monetary requirements arising from assistance agreements entered into by and between the authority and the governmental agencies, and th…

(1) Each governmental agency which has entered into an assistance agreement with the authority whereby such governmental agency has covenanted to impose service charges and remit same to the authority, shall, as provided in such assistance agreement, at the due time impose such s…

(1) As used in this section, "emergency stationary internal combustion engine" means any engine that: (a) Has no time limits on use in emergency situations; (b) Is operated for a maximum of one hundred (100) hours per calendar year for all nonemergency situations, including maint…

The Kentucky General Assembly hereby finds that it is necessary to the health and welfare of the citizens of Kentucky that there be maintained at all times both now and in the future a reasonable degree of purity of the air resources of this Commonwealth consistent with maximum e…

compliance and enforcement -- Cabinet to promulgate administrative regulations to implement federal statute relating to alternative emission limitations. (1) No person shall, directly or indirectly, emit into or discharge into the air under the jurisdiction of the Commonwealth, o…

In exercising the power conferred upon it by this chapter the Energy and Environment Cabinet shall give due recognition to the policy as heretofore expressed in KRS 224.20- 100. The cabinet, in fixing standards, shall require the use of all available, practical, and reasonable me…

imposing permit conditions based on Kyoto Protocol without state or federal legislation. (1) The cabinet shall not promulgate administrative regulations or impose permit conditions on the emission of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or…

(1) Each county which pursuant to the provisions of KRS Chapter 77 has established or will establish a local air pollution control program, shall submit a synopsis of said program together with such standards and procedures as are enacted by regulations to the cabinet for approva…

dioxide emission reduction performance standards for electric generating units. The Kentucky General Assembly hereby finds and declares that: (1) The United States Environmental Protection Agency intends to adopt guidelines to reduce carbon dioxide emissions from existing fossil …

fired and natural gas-fired electric generating units. (1) In developing and implementing any plan to control emissions of carbon dioxide, the cabinet shall establish separate standards of performance for carbon dioxide emissions in accordance with: (a) KRS 224.20-142 for existin…

existing coal-fired electric generating units. Except for adjustments of the performance standard on a case-by-case basis under KRS 224.20-144, the performance standard that shall be established for existing coal-fired electric generating units shall be based on the following: (1…

existing natural gas-fired electric generating units. Except for adjustments of the performance standard on a case-by-case basis under KRS 224.20-144, the performance standard that shall be established for existing gas-fired electric generating units shall be based on the followi…

existing fossil fuel-fired electric generating units. In establishing a performance standard for any existing fossil fuel-fired electric generating unit, the cabinet shall consider, in all cases, whether to adopt less stringent performance standards or longer compliance schedules…

establishing carbon dioxide emission reduction performance standards for existing fossil fuel-fired electric generating units -- Administrative regulations - - Conditions under which performance standards plan is a legal nullity. (1) The cabinet shall not propose or submit to the…

standards. To the maximum extent permissible, the cabinet may develop a method for electric generating units to implement the performance standards that gives the electric generating units flexibility to comply with the performance standards.

court approval. (1) Any air contaminant source that thermally treats soils that have been contaminated by releases of petroleum from underground tanks at commercial or industrial facilities where the soils are not otherwise regulated as hazardous waste shall be subject to this se…

For the purpose of adopting the Asbestos Hazard Emergency Response Act, called AHERA, Public Law (99-519), as amended, the cabinet may develop, adopt, and maintain a comprehensive statewide asbestos assessment and response program and an accreditation program that shall replicate…

The cabinet may charge a fee necessary to recover all costs incurred by the implementation and operation of the asbestos programs required under KRS 224.20-300.

Notwithstanding any statute or regulation to the contrary, the facilities of those entities defined in KRS 278.010(3) shall be required to comply solely with the National Emission Standards for Asbestos, of the United States Environmental Protection Agency and applicable rules an…

The General Assembly hereby declares that assisting small businesses in complying with the requirements of the 1990 Federal Clean Air Act amendments is a top priority due to the pervasive technical nature of these requirements. The General Assembly also finds that assisting small…

and Environmental Compliance Assistance Program -- Functions. The cabinet is hereby authorized to establish the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, referred to hereafter as "the program." The program shall perform the functi…

Compensation. (1) There is hereby established the Small Business Stationary Source Compliance Advisory Panel, referred to hereafter as "the panel," to determine the overall effectiveness of Kentucky's Small Business Stationary Source Technical and Environmental Compliance Assista…

The panel shall: (1) Render advisory opinions to the cabinet on the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (2) Prepare periodic reports to the United States Environmental Protection Agency on the program's …

As used in KRS 224.20-710 to 224.20-765, unless the context clearly indicates otherwise: (1) "Compliance certificate" means an official emission inspection certificate issued by the cabinet or a county, air pollution control district, contractor, or fleet operator authorized by t…

(1) The cabinet shall administer or provide for a comprehensive vehicle emission control program which may require the annual inspection of vehicles in counties designated by Federal Environmental Protection Agency regulation to be nonattainment for ozone, carbon monoxide, or nit…

(1) A person registering a motor vehicle in a county required to conduct vehicle emission testing under this chapter, who is transferring the registration of the vehicle from another state that is also required to conduct vehicle emission testing by the Federal Environmental Prot…

for registration renewal -- Exception -- Inspection of state vehicles. (1) A compliance certificate shall be issued for each vehicle which meets and passes the annual inspection requirements. An exemption certificate may be issued under conditions adopted by the issuing authority…

(1) The cabinet shall establish the fee required to be paid for an emission inspection. The fee may cover all costs of implementing KRS 224.20-710 to 224.20-765. (2) The fee charged for issuance of a compliance certificate or an exemption certificate shall be collected with the m…

(1) There is hereby created within the State Treasury a trust and agency fund which shall not lapse to be known as the "Vehicle Emission Control Fund," which shall consist of: (a) Money appropriated by the General Assembly; (b) All money remitted by county clerks which is collect…

(1) The cabinet may prescribe, by administrative regulation, for vehicle emission control, standards for use of a fuel or fuel additive in a vehicle or vehicle engine the use of which fuel would damage or render ineffective a control system installed on the vehicle. (2) The cabin…

(1) The cabinet may enter into an agreement with one (1) or more independent contractors, subject to public bidding, to provide for the construction, equipment, establishment, maintenance, and operation of official vehicle emission inspection stations in the numbers and locations…

The cabinet may acquire in the name of the Commonwealth by purchase, donation, dedication, or other lawful means any special equipment, tools, materials, or facilities needed to adequately administer, investigate, or enforce KRS 224.20-710 to 224.20-765.

(1) Any registered owner or lessee of a fleet of vehicles may apply to the cabinet for a permit to establish at his own expense a fleet inspection station. The cabinet shall not issue any fleet inspection station permit until it has found that the applicant: (a) Maintains an esta…

(1) A county fiscal court may apply to the cabinet for authority to operate a vehicle emission control program. The cabinet may delegate authority when it has found that the applicant: (a) Has obtained approved machinery, tools, and equipment approved by the cabinet and adequate …

provisions -- Prohibition against inspection of motorcycles -- Reciprocal certificates. (1) Except as provided in subsections (2), (3), and (4) of this section, the provisions of KRS 224.20-710 to 224.20-765 shall not detract from the authority provided air pollution control dist…

(1) A person shall not be guilty of a criminal offense for failure to obtain a valid compliance or exemption certificate. (2) A person convicted of knowingly violating any statutory provision of, or administrative regulation promulgated under KRS Chapter 13A to implement, KRS 224…

motor vehicles that are identical to standards established by the State of California. An agency, department, air pollution control district, or political subdivision of the Commonwealth, including the Transportation Cabinet, shall not adopt or enforce standards relating to contr…

to authority. The authority, as provided in KRS 224A.060, is created and constituted as an independent taxing district and taxing authority with the right to levy in its own name and for its proper public and essential governmental purposes a water utility tax on every purchase o…

(1) The exercise by the authority of the powers, duties, and responsibilities granted and created by this chapter will be in all respects for the benefit of the citizens of the state, for the preservation, improvement, and enhancement of their health, safety, convenience, and wel…

No member or other officer of the authority shall be subject to any personal liability or accountability by reason of his execution of any revenue bonds or notes, or the issuance thereof.

No member, officer, or employee of the authority shall be financially interested, directly or indirectly, in any contract of any person with the authority, or have an ownership interest in any firm or corporation interested directly or indirectly in any contract with the authorit…

All meetings of the authority shall be public, and the records of the authority shall be open to public inspection at all reasonable times except as otherwise provided in this section. All final actions of the authority shall be journalized, and such journal shall also be open to…

(1) The Kentucky Infrastructure Authority may finance pollution control facilities in the manner provided by KRS 103.246. For such purposes, the terms "city" and "county" as used in KRS 103.246 shall also mean and refer to the Kentucky Infrastructure Authority. (2) The authority …

All local governments may develop, adopt, and maintain a comprehensive program of noise regulation. A program may include a study of the noise problems resulting from uses and activities within its jurisdiction and the development and adoption of a noise control plan.

prohibited. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle, above that emitted by the muffler originally installed on the vehicle and the original muffler shall comply with all…