KRS 224.18-200: Interstate Compact on Air Pollution.

The Interstate Compact on Air Pollution is enacted into law and entered into with all

other jurisdictions legally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON AIR POLLUTION

ARTICLE I

The party states to this compact hereby p rovide for the control of the interstate

movement of air pollutants through the establishment of an interstate agency with powers

to prevent, abate, and control interstate air pollution.

Each of the party states pledges to the other faithful cooperation in the control of air

pollution which originates in one state and is injurious to human health or welfare, animal

or plant life, or property, or which interferes with the enjoyment of life or property, in the

other state.

The party states recognize that no single standard for outdoor atmosphere is

applicable to all areas within the two party states due to such variables as population

densities, topographic and climatic characteristics, and existing or projected land use and

economic development. The guiding principle of this compact is that air pollution

originating within a party state shall not be injurious to human health or welfare, animal

or plant life, or property, or interfere with the enjoyment of life or property in the other

party state.

ARTICLE II

As used in this compact "air pollution" means the discharge into the air by the act of

man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and

amount as to be injurious to human health or welfare, animal or plant life, or property, or

which would interfere with the enjoyment of life or property.

ARTICLE III

The party states hereby create the Interstate Air Pollution Control Commission,

hereafter called "the commission."

The commission shall consist of five commissioner s from each party state, each of

whom shall be a citizen of the state he represents, and one commissioner representing the

United States Government who shall be appointed by the President of the United States,

or in such other manner as may be provided by the Congress. The commissioners from

each party state shall be chosen by the governor of such state in accordance with the laws

of such state, as follows:

Two of the members from each state shall be chosen from appropriate state

agencies, one of whom is the officer responsible for air pollution control, and one of

whom is the director of state health department. Three other members shall be chosen,

one of wh om is experienced in the field of municipal government, one of whom is

experienced in the field of industrial activities, and one of whom represents the public.

Except for the commissioner representing the United States Government and

commissioners who sh all be appointed by virtue of the offices which they hold and who

may be commissioners during their continuance in office, the term of each commissioner

shall be four years. However, the commissioner experienced in the field of municipal

government, the co mmissioner experienced in the field of industrial activities, and the

commissioner appointed to represent the public shall be appointed, one for an initial term

of one year, one for an initial term of two years, and one for an initial term of three years.

As the term of each such initial appointee expires, the successor to fill the vacancy

created by such expired term shall be appointed for a term of four years.

Vacancies on the commission shall be filled for the unexpired term in the same

manner as appointments to full terms.

Each commissioner shall be entitled to one vote in the commission. No action of the

commission shall be binding unless taken at a meeting in which a majority of the

commissioners from each party state are present and unless a majorit y of those present at

the meeting from each party state concur, but any action not binding for such a reason

may be ratified within thirty days by the concurrence of a majority of the commissioners

of each party state. In the absence of any commissioner, h is vote may be cast by another

commissioner of his state if such commissioner casting the vote shall have a written

proxy in such form as may be required by the commission.

The commission may sue and be sued, and shall have a seal.

The commission shall elect annually, from among its members, a chairman and vice

chairman. The commission shall appoint an executive director who shall act as secretary,

and who, together with such other commission personnel as the commission may

determine, shall be bonded in such amount or amounts as the commission may require.

Notwithstanding the civil service, personnel, or other merit systems laws of any of

the party states, the commission shall appoint, remove or discharge, and fix the

compensation of personnel necessary f or the performance of the commission's functions.

To the extent practicable, terms and conditions of employment for members of the staff of

the commission shall be similar to those pertaining to comparable employees of the

individual party states.

The commission may establish and maintain, independently or in conjunction with

one or more of the party states, a suitable retirement system for its employees. Employees

of the commission shall be eligible for social security coverage in respect to old -age and

survivors insurance, if the commission takes the steps necessary pursuant to federal law

to participate in such program of insurance as a governmental agency or unit. The

commission may establish and maintain or participate in additional programs of employee

benefits appropriate to afford employees of the commission terms and conditions of

employment similar to those enjoyed by employees of the party states generally.

The commission may accept, or contract for the services of personnel and other

services or materials from any state, the United States or any subdivision or agency of

either, from any interstate agency, or from any institution, person, firm, or corporation.

The commission may accept for any of its purposes and functions under this

compact any and all donations, and grants of money, equipment, supplies, materials, and

services conditional or otherwise, from the United States, or any agency thereof, from any

state or any subdivision or agency thereof, or from any institution, person, firm, or

corporation, and may receive, utilize, and dispose of the same. The identity of any donor,

the amount and character of any assistance, and the conditions, if any, attached thereto

shall be set forth in the annual report of the commission.

The commission may establish and maintain the facilities necessary for the

transacting of its business. The commission may acquire, hold, and convey real and

personal property and any interest therein.

The commission may formulate and adopt rules and regulations and perform any act

which it finds necessary to carry out the provisions of this compact, and may amend such

rules and regulations. All such rules and regulations shall be filed in the office of the

commission for public inspection and copies of such rules and regula tions shall be filed

in the office in each party state in which rules and regulations of state agencies are filed

and shall thereafter be made available to interested persons upon request.

The commission annually shall make to the governor and legislature of each party

state a report covering the activities of the commission for the preceding year, and

embodying recommendations adopted by the commission. The commission may issue

such additional reports as it may deem desirable. These reports shall be avail able for

public examination.

The commission shall have the authority to collect and disseminate information

relating to its functions under, and the purpose of, this compact.

ARTICLE IV

The commission, may, whenever it finds air pollution which originates in one of the

party states and has an adverse effect in the other party state, make a report

recommending measures for the prevention, abatement, or control of the air pollution.

Copies of the report shall be furnished to all existing state and local air pollution control

agencies with jurisdiction over the sources of air pollution identified in the report. In

preparing any report, the commission may confer with any appropriate national, regional,

or local planning body, and any governmental agency author ized to deal with matters

relating to air pollution problems and may conduct such hearings and investigations as it

may deem appropriate. The commission may consult with and advise the states and local

governments, corporations, persons, or other entities with regard to the adoption of

programs and the installation of equipment and works for the prevention, abatement, or

control of air pollution. For the enforcement of this compact the commission may also

establish standards consistent with the provisions o f this compact and any standards

which may be adopted by the party states.

Before any report of the commission which specifically identifies a particular

industrial or other installation, structure, or facility as a source of air pollution becomes

final, the commission shall give the owner or operator of the installation, structure, or

facility notice by certified mail of the anticipated adoption of such report and shall afford

the owner or operator of the installation, structure, or facility not less than ten days after

the mailing of such notice to file with the commission its written objections thereto. If no

such objections are filed with the commission within such specified period, the report

shall become final. If the objections are filed with the com mission within the specified

period, the commission shall afford the owner or operator not less than ten days from its

receipt of objections to discuss with the commission the findings, conclusions, and

recommendations of the report before it is finally adopted by the commission.

Within a reasonable time after the commission furnishes a report to the appropriate

existing state and local air pollution control agencies pursuant to this article and, if the

recommendations made in such report for the preventio n, abatement, or control of air

pollution from a specific source or sources have not been implemented, or if the

appropriate state or local air pollution control agencies have not taken sufficient action to

prevent, abate, or control the air pollution, the commission may, after a duly conducted

and constituted hearing, on due notice, issue an order upon any municipality, corporation,

person, or other entity causing or contributing to interstate air pollution. At any such

hearing evidence may be received and a finding made on whether, in fact, interstate air

pollution exists and on the sources of such pollution. Any order may prescribe a timetable

for the abatement of control of the air pollution involved. Any such order shall become

final and binding unless a petition for review of the same shall be filed and prosecuted

pursuant to the provisions of Article V of this compact.

In a party state, any court of general jurisdiction in any county in which the air

pollution originates or any United States district court for the district in which the

pollution originates shall entertain and determine any action or proceeding brought by the

commission to enforce an order against any municipality, corporation, person, or other

entity domiciled or located within such st ate and whose discharge of air pollution takes

place within or adjoining such state, or against any employee, department, or subdivision

of such municipality, corporation, person or other entity, and shall entertain and

determine any petition for review pursuant to the provisions of Article V of this compact.

ARTICLE V

All hearings held by the commission shall be open to the public. At any hearing

held pursuant to Article IV of this compact the party states, any agencies thereof, and any

affected person, c orporation, municipality, or other entity shall be entitled to appear in

person or by representative, with or without counsel, and may make oral or written

argument, offer testimony, or take any combination of such actions. All testimony taken

before the c ommission shall be under oath and recorded in a written transcript. The

transcript so recorded shall be made available to any member of the public or to any

participant in such hearing upon payment of reasonable charges as fixed by the

commission. No infor mation relating to secret processes or methods of manufacture or

production shall be disclosed at any public hearing or otherwise and all such information

shall be kept confidential.

All hearings shall be had before one or more members of the commission, or before

an officer or employee of the commission expressly designated to act as a hearing officer.

Any party state or person aggrieved by any order made by the commission shall be

entitled to a judicial review thereof. Such review may be had by filing a verified petition

in any of the appropriate courts referred to in Article IV, setting out such order and

alleging specifically that said order is:

(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance

with law; or

(b) Contrary to constitutional right, power, privilege, or immunity; or

(c) In excess of authority or jurisdiction conferred by this compact or statutes in

implementation hereof; or

(d) Without observance of procedure required by law; or

(e) Not within the purposes of this compact; or

(f) Unsupported by the weight of the evidence.

The petition for a review shall be filed within thirty-five days after receipt of written

notice that the order has been issued. Written notice of the filing of a petition for review

and a copy of said petition shall be personally served upon the commissio n. Any party or

person filing a petition for review shall, within fifteen days thereafter, secure from the

commission a certified copy of the transcript of any hearing held in connection with the

issuance of the order, review of which is sought, and shall file the same with the clerk of

the court in which the action or proceeding for review is pending. An extension of time in

which to file a transcript shall be granted by said court in which such action or proceeding

for review is pending for good cause sho wn. Inability to obtain a transcript within the

specified time shall be good cause. Failure to file a transcript within the period of fifteen

days, or to secure an extension of time therefor, shall be cause for the dismissal of the

petition for review by the court or on petition of any party of record to the original action

or proceeding. Where more than one person may be aggrieved by the order, only one

proceeding for review may be had and the court in which a petition for review is first

properly filed shall have jurisdiction.

The court may, for good cause shown, admit and consider additional evidence

bearing upon the issue or issues before it.

No review of a commission order shall be had except in accordance with the

provisions of this compact.

ARTICLE VI

The commission may establish one or more advisory and technical committees

composed of such as the following: private citizens, expert and lay personnel,

representatives of industry, labor, commerce, agriculture, civic associations, and officials

of local, state, and federal government, as it may determine, and may cooperate with and

use the services of any such committee and the organizations which they represent in

furthering any of its activities under this compact.

ARTICLE VII

Nothing in this compact shall be construed to:

(a) Limit or otherwise affect the powers of either party state or any of their

subdivisions to enact and enforce laws or ordinances for the prevention, abatement, or

control of air pollution within their respective borders.

(b) Prevent or restrict either party state or any subdivision thereof in requiring or

prescribing measures of air pollution prevention, abatement, or control in addition to

those which may be required by either party state or the commission acting pursuant to

this compact.

ARTICLE VIII

The commission shall submit to the governor or designated officer or officers of

each party state a budget of its estimated expenditures for such period as may be required

by the laws of that state for presentation to the legislature thereof.

Each of the commission's budgets of estimated expenditures shall contain specific

recommendations of the amount or amounts to be appropriated by each of the party states.

Aside from such support as may be available to the commission pursuan t to Article III,

the cost of operating and maintaining the commission shall be borne equally by the party

states.

The commission may meet any of its obligations in whole or in part with funds

available to it under Article III of this compact, provided th at the commission takes

specific action setting aside such funds prior to the incurring of any obligation to be met

in whole or in part in this manner. Except where the commission makes use of funds

available to it under Article III, the commission shall not incur any obligations prior to the

allotment of funds by the party states adequate to meet the same.

The expenses and any other costs for each member of the commission shall be met

by the commission in accordance with such standards and procedures as i t may establish

in its rules and regulations.

The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission shall be subject to the audit and accounting

procedures established under its rul es and regulations. However, all receipts and

disbursements of funds handled by the commission shall be audited yearly by a certified

or licensed public accountant and the report of the audit shall be included in and become

a part of the annual report of the commission.

The accounts of the commission shall be open at any reasonable time for inspection

by duly constituted officers of the party states and by any persons authorized by the

commission.

Nothing contained herein shall be construed to prevent com mission compliance

with laws relating to audit or inspection of accounts by or on behalf of any government

contributing to the support of the commission.

ARTICLE IX

(1) This compact shall become effective when enacted into law by any state in

addition to the Commonwealth of Kentucky. Thereafter, this compact shall become

effective as to any other state upon its enactment thereby.

(2) Any party state may withdraw from this compact by enacting a statute

repealing same, but no withdrawal shall take effect until one year after the governor of the

withdrawing state has given notice in writing of the withdrawal to the governor of all

other party states. No withdrawal shall affect any liability already incurred by or

chargeable to a party state prior to the time of the withdrawal.

(3) Any order of the commission issued prior to the termination of this compact

shall be enforceable thereafter by either party state in the same manner as though this

compact were still in force except that any appropriate office or ag ency of the enforcing

party state may act in the place and stead of the commission.

ARTICLE X

The provisions of this compact shall be reasonably and liberally construed. The

provisions of this compact shall be severable and if any phrase, clause, sentence , or

provision is declared to be contrary to the constitution of either state or of the United

States, or the applicability thereof to any government agency, person, or circumstance is

held invalid, the validity of the remainder of this compact and the app licability thereof to

any government, agency, person, or circumstance shall not be affected.