There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subchapter 20 Air Quality
224.20.150 Permits for air contaminant sources that treat certain soils -- Fiscal court approval.
Download pdffacilities where the soils are not otherwise regulated as hazardous waste shall be
subject to this section, unless it accepts only those soils it has contaminated or those
soils contaminated by its wholly-owned subsidiary. Any mobile unit for thermal
treatment of petroleum contaminated soils where the unit processes the soils at, or
in the immediate proximity, of the site of the soil contamination and which does not
receive soils from other contaminated sites or facilities shall not be subject to this
section. (2) The cabinet shall not issue a permit to construct or operate a new air contaminant source subject to this section unless the fiscal court in which that source will be
located approves, after public notice and a public hearing, its construction or
operation. The cabinet, upon request, shall conduct a public hearing at the same
time the fiscal court conducts its public hearing. The cabinet and fiscal court public
hearings shall be held simultaneously. A fiscal court shall not disapprove operation
of a source if it has previously approved its construction. The fiscal court shall
consider the social and economic impacts of that source on the affected county,
including changes in property values, community perception, and other psychic
costs; costs and availability of public service facilities and improvements required
to support the source and to protect the public health, safety, and the environment;
and the relationship of the source to local planning and existing development. (3) After a preliminary determination has been made concerning the issuance or denial of a permit authorizing the construction or reconstruction of an air contaminant
source subject to this section or the modification of a permit for an air contaminant
source subject to this section, when modification will cause an increase in the
potential to emit one hundred (100) tons per year or more of any pollutant or any
significant increase in emissions of a toxic air pollutant, the applicant shall notify
the public by prominent advertisement in newspapers of general circulation in the
locality in which the source will be located or modified of the application and
preliminary determination with respect to the application. The cabinet shall send
notice of its preliminary determination to the applicant, local governmental, land
use bodies and local air pollution agencies, and persons on a mailing list that shall
be maintained of interested persons requesting to receive the notices. (4) The cabinet shall provide a thirty (30) day comment period for receipt of comments pertaining to the preliminary determination with respect to applications to construct,
reconstruct, or modify an air contaminant source subject to this section, and shall
provide a detailed response to all significant comments when the final agency
determination is made with respect to an application. Effective: April 6, 1992
History: Created 1992 Ky. Acts ch. 223, sec. 1, effective April 6, 1992.
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