KRS 224.10-270: Exemption or partial exemption -- Application -- Period of exemption --

Renewal -- Emergency provisions not limited.

(1) Any person subject to any rule or regulation governing the emission or discharge of

contaminants into the ambient air or waters of the Commonwealth promulgated by

the cabinet may apply for an exemption or partial exemption from such rule or

regulation. The application shall be accompanied by such information and data as

the cabinet may require. The cabinet may grant such an exempt ion or partial

exemption if it finds that:

(a) The discharge occurring or proposed to occur does not or will not have a

measurable impact on the quality of the ambient air or waters of the

Commonwealth; and

(b) Compliance with the rules or regulations from which exemption is sought

would produce serious hardship without equal or greater benefit to the public.

(2) Any person applying to the cabinet for an exemption shall publish notice of his

application in accordance with the rules and regulations of the cabinet in at least one

(1) newspaper of general circulation in the county in which the emission or

discharge sought to be exempted is located. The cabinet shall promptly investigate

the application, consider the relative interests of the applicant, other ow ners of

property likely to be affected by the emission or discharge, and of the general

public. If the cabinet, in its discretion, concludes that a hearing should be held, or if

any person files an objection to the granting of such exemption within thirty (30)

days from the date of the first publication of notice of the application, then a hearing

shall be held in the manner prescribed by the rules and regulations of the cabinet

and the burden of proof shall be on the applicant for the exemption.

(3) No exemption or partial exemption pursuant to this section shall be granted for a

period to exceed one (1) year, but any such exemption or partial exemption may be

renewed for like periods if no complaint is made to the cabinet on account thereof

or if, such complaint having been made and duly considered at a hearing held by the

cabinet in the manner provided in subsection (2) of this section, the cabinet finds

that renewal is justified. No renewal shall be granted except on application therefor.

Any such application shall be made at least thirty (30) days prior to the expiration of

the exemption or partial exemption. Immediately prior to application for renewal

the applicant shall give public notice of such application in accordance with rules

and regulations of the cabinet. Any renewal pursuant to this subsection shall be on

the same grounds and subject to the same limitations and requirements as provided

in subsection (1) of this section.

(4) An exemption, partial exemption, or renewal thereof shall not be a rig ht of the

applicant or holder thereof but shall be in the discretion of the cabinet.

(5) Nothing in this section and no exemption, partial exemption, or renewal granted

pursuant hereto shall be construed to prevent or limit the application of the

emergency provisions and procedures of KRS 224.10 -410 to any person or his

property.

(6) In granting or denying an exemption, partial exemption, or renewal thereof, the

secretary shall issue a written statement of the facts and reasons leading to the

decision and m ake such statement a part of the record of the action on the

application.