KRS 224.20-130: Concurrent jurisdiction with local district -- Effect.

(1) Each county which pursuant to the provisions of KRS Chapter 77 has established or

will establish a local air pollution control program, shall submit a synopsis of said

program together with such standards and procedures as are enacted by regulations

to the cabinet for approval within a period of ninety (90) days from the enactment

hereof, or a period of ninety (90) days of the establishment of said local program.

(2) If, after review by the cabinet, and a public hearing held in the county activating a

district, the cabinet determines that the air pollution control district has adopted

standards and procedures and has the necessary staff to implement the program in a

manner consistent with the objectives of this chapter, concurrent jurisdiction may be

granted the air pollution control district for the administration and enforcement of

the aforesaid statutes. Except for the limit on authority established by KRS

77.115(3), the air pollution control district shall adopt no regulation or standard less

stringent th an a regulation or standard adopted by the cabinet, and shall submit

prepared regulations and standards to the cabinet for prior concurrence. Periodic

reports shall be made to the cabinet and to the commission as shall be provided for

by regulation. If the cabinet shall determine, after hearing with notice, that a district

program is not being administered in accordance with the statutes and regulations of

the cabinet or the district, the grant of authority may be suspended, revoked, or

modified by order of the cabinet. The enactment or enforcement of a regulation by

an air pollution control district that finds the need for and requires the

implementation of a vehicle exhaust testing program, if the program is not limited

to prohibiting the emissions of, reg ulating, or controlling only mobile sources of air

pollutants regulated under the state program established in accordance with KRS

224.20-710 to 224.20-765, shall cause an automatic revocation of an existing grant

of authority or an automatic denial of a requested grant of authority.

(3) This provision shall in no way diminish the authority of the cabinet to administer

and enforce the provisions of this chapter.

(4) The cabinet shall be empowered to enforce any and all regulations or standards in

any district when concurrent jurisdiction is granted.

(5) When enforcement actions are taken by the district, the local Commonwealth's,

county, and city prosecuting attorneys, instead of the Attorney General shall

prosecute such actions.