224.20-130 Concurrent jurisdiction with local district -- Effect.
(1)
(2)
(3)
(4)
(5)
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 approval within a period of ninety (90) days from the enactment
hereof, or a period of ninety (90) days of the establishment of said local program.
If, after review by the cabinet, and a public hearing held in the county activating a
district, the cabinet determines that the air pollution control district has adopted
standards and procedures and has the necessary staff to implement the program in a
manner consistent with the objectives of this chapter, concurrent jurisdiction may be
granted the air pollution control district for the administration and enforcement of
the aforesaid statutes. Except for the limit on authority established by KRS
77.115(3), the air pollution control district shall adopt no regulation or standard less
stringent than a regulation or standard adopted by the cabinet, and shall submit
prepared regulations and standards to the cabinet for prior concurrence. Periodic
reports shall be made to the cabinet and to the commission as shall be provided for
by regulation. If the cabinet shall determine, after hearing with notice, that a district
program is not being administered in accordance with the statutes and regulations of
the cabinet or the district, the grant of authority may be suspended, revoked, or
modified by order of the cabinet. The enactment or enforcement of a regulation by
an air pollution control district that finds the need for and requires the
implementation of a vehicle exhaust testing program, if the program is not limited
to prohibiting the emissions of, regulating, or controlling only mobile sources of air
pollutants regulated under the state program established in accordance with KRS
224.20-710 to 224.20-765, shall cause an automatic revocation of an existing grant
of authority or an automatic denial of a requested grant of authority.
This provision shall in no way diminish the authority of the cabinet to administer
and enforce the provisions of this chapter.
The cabinet shall be empowered to enforce any and all regulations or standards in
any district when concurrent jurisdiction is granted.
When enforcement actions are taken by the district, the local Commonwealth's,
county, and city prosecuting attorneys, instead of the Attorney General shall
prosecute such actions.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 136, sec. 3, effective July 14, 2000. -- Amended
1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 49, effectiave January 1, 1973. -Amended 1970 Ky. Acts ch. 153, sec. 1, effective June 18, 1970. -- Created 1966 Ky.
Acts ch. 22, sec. 14, effective June 16, 1966.
Formerly codified as KRS 224.450.
Legislative Research Commission Note (7/14/2000). The reference to KRS 77.115(3)
in subsection (2) of this statute appeared in 2000 Ky. Acts ch. 136, sec. 3, as
"subsection (1) of Section 3 of this Act." The drafter's version had this reference as
"Section 1(3) of this Act," but this was inadvertently transposed in the review process
to "subsection (1) of Section 3 of this Act." It is manifestly clear from the text of Acts
Chapter 136 that the reference intended was to "subsection (3) of Section 1" of the
Act, which the drafter's version confirms. For that reason, under KRS 7.136(1)(h),
the reference has been codified as "KRS 77.115(3)" rather than as "subsection (3) of
this section."
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