2011 Kentucky Revised Statutes CHAPTER 278 PUBLIC SERVICE COMMISSION 278.704 Merchant electric generating facility -- Construction certificate -- Location of exhaust stack -- Setback requirement.
KY Rev Stat § 278.704 (1996 through Reg Sess) What's This?
278.704 Merchant electric generating facility -- Construction certificate -- Location
of exhaust stack -- Setback requirement.
(1)
(2)
(3)
(4)
(5)
No person shall commence to construct a merchant electric generating facility until
that person has applied for and obtained a construction certificate for the facility
from the board. The construction certificate shall be valid for a period of two (2)
years after the issuance date of the last permit required to be obtained from the
Energy and Environment Cabinet after which the certificate shall be void. The
certificate shall be conditioned upon the applicant obtaining necessary air, water,
and waste permits. If an applicant has not obtained all necessary permits and has not
commenced to construct prior to the expiration date of the certificate, the applicant
shall be required to obtain a valid certificate from the board.
Except as provided in subsections (3), (4), and (5) of this section, no person shall
commence to construct a merchant electric generating facility unless the exhaust
stack of the proposed facility is at least one thousand (1,000) feet from the property
boundary of any adjoining property owner and two thousand (2,000) feet from any
residential neighborhood, school, hospital, or nursing home facility.
If the merchant electric generating facility is proposed to be located in a county or a
municipality with planning and zoning, then setback requirements from a residential
neighborhood, school, hospital, or nursing home facility may be established by the
planning and zoning commission. Any setback established by a planning and zoning
commission for a facility in an area over which it has jurisdiction shall:
(a) Have primacy over the setback requirement in subsections (2) and (5) of this
section; and
(b) Not be subject to modification or waiver by the board through a request for
deviation by the applicant, as provided in subsection (4) of this section.
The board may grant a deviation from the requirements of subsection (2) of this
section on a finding that the proposed facility is designed and located to meet the
goals of KRS 224.10-280, 278.010, 278.212, 278.214, 278.216, 278.218, and
278.700 to 278.716 at a distance closer than those provided in subsection (2) of this
section.
If the merchant electric generating facility is proposed to be located on a site of a
former coal processing plant in the Commonwealth where the electric generating
facility will utilize on-site waste coal as a fuel source, then the one thousand (1,000)
foot property boundary requirement in subsection (2) of this section shall not be
applicable; however, the applicant shall be required to meet any other setback
requirements contained in subsection (2) of this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 606, effective July 15, 2010. -- Created
2002 Ky. Acts ch. 365, sec. 3, effective April 24, 2002.
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