Download as PDF
224.10-100 Powers and duties of cabinet.
In addition to any other powers and duties vested in it by law, the cabinet shall have the
authority, power, and duty to:
(1) Exercise general supervision of the administration and enforcement of this chapter,
and all rules, regulations, and orders promulgated thereunder;
(2) Prepare and develop a comprehensive plan or plans related to the environment of
the Commonwealth;
(3) Encourage industrial, commercial, residential, and community development which
provides the best usage of land areas, maximizes environmental benefits, and
minimizes the effects of less desirable environmental conditions;
(4) Develop and conduct a comprehensive program for the management of water, land,
and air resources to assure their protection and balance utilization consistent with
the environmental policy of the Commonwealth;
(5) Provide for the prevention, abatement, and control of all water, land, and air
pollution, including but not limited to that related to particulates, pesticides, gases,
dust, vapors, noise, radiation, odor, nutrients, heated liquid, or other contaminants;
(6) Provide for the control and regulation of surface coal mining and reclamation in a
manner to accomplish the purposes of KRS Chapter 350;
(7) Secure necessary scientific, technical, administrative, and operational services,
including laboratory facilities, by contract or otherwise;
(8) Collect and disseminate information and conduct educational and training programs
relating to the protection of the environment;
(9) Appear and participate in proceedings before any federal regulatory agency
involving or affecting the purposes of the cabinet;
(10) Enter and inspect any property or premises for the purpose of investigating either
actual or suspected sources of pollution or contamination or for the purpose of
ascertaining compliance or noncompliance with this chapter, or any regulation
which may be promulgated thereunder;
(11) Conduct investigations and hold hearings and compel the attendance of witnesses
and the production of accounts, books, and records by the issuance of subpoenas;
(12) Accept, receive, and administer grants or other funds or gifts from public and
private agencies including the federal government for the purpose of carrying out
any of the functions of the cabinet. The funds received by the cabinet shall be
deposited in the State Treasury to the account of the cabinet;
(13) Request and receive the assistance of any state or municipal educational institution,
experiment station, laboratory, or other agency when it is deemed necessary or
beneficial by the cabinet in the performance of its duties;
(14) Advise, consult, and cooperate with other agencies of the Commonwealth, other
states, the federal government, and interstate and interlocal agencies, and affected
persons, groups, and industries;
(15) Formulate guides for measuring presently unidentified environmental values and
relationships so they can be given appropriate consideration along with social,
(16)
(17)
(18)
(19)
(20)
(21)
(22)
economic, and technical considerations in decision making;
Monitor the environment to afford more effective and efficient control practices, to
identify changes and conditions in ecological systems, and to warn of emergency
conditions;
Adopt, modify, or repeal with the recommendation of the commission any standard,
regulation, or plan specified in KRS 224.1-110(5) and (6);
Issue, after hearing, orders abating activities in violation of this chapter, or the
provisions of this chapter, or the regulations promulgated pursuant thereto and
requiring the adoption of the remedial measures the cabinet deems necessary;
Issue, continue in effect, revoke, modify, suspend, or deny under such conditions as
the cabinet may prescribe and require that applications be accompanied by plans,
specifications, and other information the cabinet deems necessary for the following
permits:
(a) Permits to discharge into any waters of the Commonwealth, and for the
installation, alteration, expansion, or operation of any sewage system;
however, the cabinet may refuse to issue the permits to any person, or any
partnership, corporation, etc., of which the person owns more than ten percent
(10%) interest, who has improperly constructed, operated, or maintained a
sewage system willfully, through negligence, or because of lack of proper
knowledge or qualifications until the time that person demonstrates proper
qualifications to the cabinet and provides the cabinet with a performance
bond;
(b) Permits for the installation, alteration, or use of any machine, equipment,
device, or other article that may cause or contribute to air pollution or is
intended primarily to prevent or control the emission of air pollution; or
(c) Permits for the establishment or construction and the operation or
maintenance of waste disposal sites and facilities;
May establish, by regulation, a fee or schedule of fees for the cost of processing
applications for permits authorized by this chapter, and for the cost of processing
applications for exemptions or partial exemptions which may include but not be
limited to the administrative costs of a hearing held as a result of the exemption
application, except that applicants for existing or proposed publicly owned facilities
shall be exempt from any charge, other than emissions fees assessed pursuant to
KRS 224.20-050, and that certain nonprofit organizations shall be charged lower
fees to process water discharge permits under KRS 224.16-050(5);
May require for persons discharging into the waters or onto the land of the
Commonwealth, by regulation, order, or permit, technological levels of treatment
and effluent limitations;
Require, by regulation, that any person engaged in any operation regulated pursuant
to this chapter install, maintain, and use at such locations and intervals as the
cabinet may prescribe any equipment, device, or test and the methodologies and
procedures for the use of the equipment, device, or test to monitor the nature and
amount of any substance emitted or discharged into the ambient air or waters or
(23)
(24)
(25)
(26)
(27)
land of the Commonwealth and to provide any information concerning the
monitoring to the cabinet in accordance with the provisions of subsection (23) of
this section;
Require by regulation that any person engaged in any operation regulated pursuant
to this chapter file with the cabinet reports containing information as to location,
size, height, rate of emission or discharge, and composition of any substance
discharged or emitted into the ambient air or into the waters or onto the land of the
Commonwealth, and such other information the cabinet may require;
Promulgate regulations, guidelines, and standards for waste planning and
management activities, approve waste management facilities, develop and publish a
comprehensive statewide plan for nonhazardous waste management which shall
contain but not be limited to the provisions set forth in KRS 224.43-345, and
develop and publish a comprehensive statewide plan for hazardous waste
management which shall contain but not be limited to the following:
(a) A description of current hazardous waste management practices and costs,
including treatment and disposal, within the Commonwealth;
(b) An inventory and description of all existing facilities where hazardous waste
is being generated, treated, recycled, stored, or disposed of, including an
inventory of the deficiencies of present facilities in meeting current hazardous
waste management needs and a statement of the ability of present hazardous
waste management facilities to comply with state and federal laws relating to
hazardous waste;
(c) A description of the sources of hazardous waste affecting the Commonwealth
including the types and quantities of hazardous waste currently being
generated and a projection of such activities as can be expected to continue for
not less than twenty (20) years into the future; and
(d) An identification and continuing evaluation of those locations within the
Commonwealth which are naturally or may be engineered to be suitable for
the establishment of hazardous waste management facilities, and an
identification of those general characteristics, values, and attributes which
would render a particular location unsuitable, consistent with the policy of
minimizing land disposal and encouraging the treatment and recycling of the
wastes.
The statewide waste management plans shall be developed consistent with state and
federal laws relating to waste;
Perform other acts necessary to carry out the duties and responsibilities described in
this section;
Preserve existing clean air resources while ensuring economic growth by issuing
regulations, which shall be no more stringent than federal requirements, setting
maximum allowable increases from stationary sources over baseline concentrations
of air contaminants to prevent significant deterioration in areas meeting the state
and national ambient air quality standards;
Promulgate regulations concerning the bonding provisions of subsection (19)(a) of
this section, setting forth bonding requirements, including but not limited to
requirements for the amount, duration, release, and forfeiture of the bonds. All
funds from the forfeiture of bonds required pursuant to this section shall be placed
in the State Treasury and credited to a special trust and agency account which shall
not lapse. The account shall be known as the "sewage treatment system
rehabilitation fund" and all moneys placed in the fund shall be used for the
elimination of nuisances and hazards created by sewage systems which were
improperly built, operated, or maintained, and insofar as practicable be used to
correct the problems at the same site for which the bond or other sureties were
originally provided;
(28) Promulgate administrative regulations not inconsistent with the provisions of law
administered by the cabinet; and
(29) Through the secretary or designee of the secretary, enter into, execute, and enforce
reciprocal agreements with responsible officers of other states relating to
compliance with the requirements of KRS Chapters 350, 351, and 352 and the
administrative regulations promulgated under those chapters.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 35, sec. 1, effective July 15, 2014. -- Amended
2007 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 42, effective August 30, 2007. -Amended 1994 Ky. Acts ch. 162, sec. 3, effective July 15, 1994. -- Amended 1990
Ky. Acts ch. 325, sec. 15, effective July 13, 1990; and ch. 412, sec. 1, effective July
13, 1990. -- Amended 1986 Ky. Acts ch. 455, sec. 1, effective July 15, 1986. -Amended 1984 Ky. Acts ch. 111, sec. 109, effective July 13, 1984. -- Amended 1980
Ky. Acts ch. 264, sec. 2; and ch. 377, sec. 10, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 113, sec. 3, effective June 17, 1978; and ch. 266, sec. 2, effective
June 17, 1978. -- Amended 1974 Ky. Acts ch. 355, sec. 2, effective June 21, 1974. -Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 3, effective January 1, 1973.
Formerly codified as KRS 224.033
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 123, sec. 5,
codified at KRS 224.10-103, provides that the Division of Energy and all "personnel,
functions, powers, and duties of the Division of Energy shall be transferred to the
Tourism Development Cabinet." The abolition of the Tourism Development Cabinet
and creation of the Commerce Cabinet under Executive Order 2004-729 were
confirmed by 2005 Ky. Acts ch. 95, in which the Office of Energy Policy is
established and statutory references to the "Division of Energy" are changed to the
"Office of Energy Policy."
Legislative Research Commission Note (9/28/93). The Division of Energy within the
Department for Natural Resources of the Natural Resources and Environmental
Protection Cabinet was made "responsible for subsections (28) and (29)" of this
statute by 1990 Ky. Acts, ch. 325, sec. 14.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.