2013 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 30 - Noise Control 30.30-115 Development and maintenance of comprehensive state-wide program of noise regulation.
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224.30-115 Development and maintenance of comprehensive state-wide
program of noise regulation.
(1)
(2)
The secretary shall develop, adopt, and maintain a comprehensive state-wide
program of noise regulation which may include, but not be limited to, the
following:
(a) Controls on environmental noise (or one (1) or more sources thereof)
through the licensing, regulation, and restriction of the use, operation, and
movement of any product or combination of products.
(b) Noise emission standards for products which, in the secretary's judgment,
are major sources of noise, or are products for which noise emission
standards are feasible and are requisite to protect the public health and
welfare.
(c) Labeling requirements which prohibit the sale or offer to sell or the lease
or offer to lease of any product, machine, vehicle, or equipment, or class
thereof, without notice to the prospective purchaser, lessee, or user of the
noise levels and characteristics emitted by such product, machine, vehicle
or equipment, or its effectiveness in reducing noise, as the case may be.
(d) Development and adoption of ambient noise standards except such
ambient noise standards shall not exceed those ambient noise standards
promulgated by regulation by the administrator of the Federal
Environmental Protection Agency.
(e) Development and adoption of a plan for the achievement of ambient
noise standards.
(f) Noise insulation and abatement standards for any occupancy or class of
occupancies of buildings, except residential dwellings and the limitation of
human exposure to noise generated by mechanical equipment and
systems associated with such buildings. Such noise insulation and
abatement standards shall be based on criteria for the limitation of interior
noise exposures appropriate to building and occupancy use.
(g) Establishment of special noise insulation districts within which specified
building performance standards and noise insulation standards shall
apply, in order to protect building occupants from excessive noise of
external origins.
(a) Any regulation promulgated pursuant to the authority of KRS 224.30-100
to 224.30-190 shall be one which, in the judgment of the secretary is
requisite to protect the public health and welfare, taking into account the
magnitude and conditions of use of the product or activity involved, the
degree of noise reduction achievable through the application of the best
commercially available technology, and the cost of compliance. In
determining the degree of noise reduction achievable through the
application of the best available technology, the secretary shall take into
consideration technology which may be available at the time the
regulation becomes effective.
(b) The cabinet may adopt rules and regulations to carry out KRS
224.30-100 to 224.30-190.
Effective:June 21, 1974
History: Created 1974 Ky. Acts ch. 74, Art. III, secs. 1 and 13, effective June 21,
1974; and ch. 99, sec. 5, effective June 21, 1974.
Formerly codified as KRS 224.725.
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