KRS 77.030: Resolution of fiscal court to be based upon findings of fact.

The fiscal court may adopt a resolution declaring that there is need for an air pollution

control district to function if from the evidence received at such public hearing it finds:

(1) That the air within such county is so polluted with air contaminants as to be

injurious to health, or an obstruction to the free use of property, or offensive to the

senses of a considerable number of persons, so as to interfere with the comfortable

enjoyment of life or property;

(2) And further that for any reason it is n ot practical to rely upon the enactment or

enforcement of local ordinances to prevent or control the emission of smoke, fumes,

or other substances which cause or contribute to such pollution.