KRS 179.480: Dust control treatment of county road by producers transporting natural

resources thereon.

(1) Upon a finding by the fiscal court that there exists an unabated dust nuisance on a

county road resulting from the transportation of natural resources by tr uck, said

court may require the producers of the natural resources that are being hauled on

said road to treat said road to control dust. Said producer or producers shall be

notified of the fiscal court's finding by certified mail and shall be afforded a

reasonable opportunity to treat said road to control dust prior to the county fiscal

court initiating dust control treatment. The cost of treatment shall be apportioned

among all producers of natural resources using said road. If a producer does not pay

his proportionate share within sixty (60) days of the mailing of the bill, the fiscal

court may prohibit the movement of the producer's natural resources on county

roads until the charges are paid.

(2) The proportionate share of costs of any producer shall be determined as the

percentage which the tonnage of natural resources hauled by or for the producer

over county roads bears to the total tonnage of natural resources hauled on the

county roads. The fiscal court shall consult with producers to devise an equitable

method for determining proportionate cost shares before instituting charges, but the

fiscal court shall be the final authority in determining proportionate costs.

(3) Treatment of county roads for dust pursuant to this section shall not include paving,

or laying of rock.