{"data":{"id":"us-ky/krs-224.10-100","jurisdiction":"us-ky","citation":"KRS 224.10-100","heading":"Powers and duties of cabinet.","body":"In addition to any other powers and duties vested in it by law, the cabinet shall have the\nauthority, power, and duty to:\n(1) Exercise general supervision of the administration and enforcement of this chapter,\nand all rules, regulations, and orders promulgated thereunder;\n(2) Prepare and develop a comprehensive plan or plans related to the environment of\nthe Commonwealth;\n(3) Encourage industrial, commercial, residential, and community development which\nprovides the best usage of land areas, maximizes envir onmental benefits, and\nminimizes the effects of less desirable environmental conditions;\n(4) Develop and conduct a comprehensive program for the management of water, land,\nand air resources to assure their protection and balance utilization consistent with\nthe environmental policy of the Commonwealth;\n(5) Provide for the prevention, abatement, and control of all water, land, and air\npollution, including but not limited to that related to particulates, pesticides, gases,\ndust, vapors, noise, radiation, odor, nutrients, heated liquid, or other contaminants;\n(6) Provide for the control and regulation of surface coal mining and reclamation in a\nmanner to accomplish the purposes of KRS Chapter 350;\n(7) Secure necessary scientific, technical, administrative, and o perational services,\nincluding laboratory facilities, by contract or otherwise;\n(8) Collect and disseminate information and conduct educational and training programs\nrelating to the protection of the environment;\n(9) Appear and participate in proceedings b efore any federal regulatory agency\ninvolving or affecting the purposes of the cabinet;\n(10) Enter and inspect any property or premises for the purpose of investigating either\nactual or suspected sources of pollution or contamination or for the purpose of\nascertaining compliance or noncompliance with this chapter, or any regulation\nwhich may be promulgated thereunder;\n(11) Conduct investigations and hold hearings and compel the attendance of witnesses\nand the production of accounts, books, and records by the issuance of subpoenas;\n(12) Accept, receive, and administer grants or other funds or gifts from public and\nprivate agencies including the federal government for the purpose of carrying out\nany of the functions of the cabinet. The funds received by the cabinet shall be\ndeposited in the State Treasury to the account of the cabinet;\n(13) Request and receive the assistance of any state or municipal educational institution,\nexperiment station, laboratory, or other agency when it is deemed necessary or\nbeneficial by the cabinet in the performance of its duties;\n(14) Advise, consult, and cooperate with other agencies of the Commonwealth, other\nstates, the federal government, and interstate and interlocal agencies, and affected\npersons, groups, and industries;\n(15) Formulate guides for measuring presently unidentified environmental values and\nrelationships so they can be given appropriate consideration along with social,\neconomic, and technical considerations in decision making;\n(16) Monitor the environment to afford more effective and efficient control practices, to\nidentify changes and conditions in ecol ogical systems, and to warn of emergency\nconditions;\n(17) Adopt, modify, or repeal with the recommendation of the commission any standard,\nregulation, or plan;\n(18) Issue, after hearing, orders abating activities in violation of this chapter, or the\nprovisions of this chapter, or the regulations promulgated pursuant thereto and\nrequiring the adoption of the remedial measures the cabinet deems necessary;\n(19) Issue, continue in effect, revoke, modify, suspend, or deny under such conditions as\nthe cabinet may  prescribe and require that applications be accompanied by plans,\nspecifications, and other information the cabinet deems necessary for the following\npermits:\n(a) Permits to discharge into any waters of the Commonwealth, and for the\ninstallation, alteratio n, expansion, or operation of any sewage system;\nhowever, the cabinet may refuse to issue the permits to any person, or any\npartnership, corporation, etc., of which the person owns more than ten percent\n(10%) interest, who has improperly constructed, opera ted, or maintained a\nsewage system willfully, through negligence, or because of lack of proper\nknowledge or qualifications until the time that person demonstrates proper\nqualifications to the cabinet and provides the cabinet with a performance\nbond;\n(b) Permits for the installation, alteration, or use of any machine, equipment,\ndevice, or other article that may cause or contribute to air pollution or is\nintended primarily to prevent or control the emission of air pollution; or\n(c) Permits for the establishm ent or construction and the operation or\nmaintenance of waste disposal sites and facilities;\n(20) May establish, by regulation, a fee or schedule of fees for the cost of processing\napplications for permits authorized by this chapter, and for the cost of pr ocessing\napplications for exemptions or partial exemptions which may include but not be\nlimited to the administrative costs of a hearing held as a result of the exemption\napplication, except that applicants for existing or proposed publicly owned facilitie s\nshall be exempt from any charge, other than emissions fees assessed pursuant to\nKRS 224.20 -050, and that certain nonprofit organizations shall be charged lower\nfees to process water discharge permits under KRS 224.16-050(5);\n(21) May require for persons discharging into the waters or onto the land of the\nCommonwealth, by regulation, order, or permit, technological levels of treatment\nand effluent limitations;\n(22) Require, by regulation, that any person engaged in any operation regulated pursuant\nto this chapter install, maintain, and use at such locations and intervals as the\ncabinet may prescribe any equipment, device, or test and the methodologies and\nprocedures for the use of the equipment, device, or test to monitor the nature and\namount of any substa nce emitted or discharged into the ambient air or waters or\nland of the Commonwealth and to provide any information concerning the\nmonitoring to the cabinet in accordance with the provisions of subsection (23) of\nthis section;\n(23) Require by regulation th at any person engaged in any operation regulated pursuant\nto this chapter file with the cabinet reports containing information as to location,\nsize, height, rate of emission or discharge, and composition of any substance\ndischarged or emitted into the ambi ent air or into the waters or onto the land of the\nCommonwealth, and such other information the cabinet may require;\n(24) Promulgate regulations, guidelines, and standards for waste planning and\nmanagement activities, approve waste management facilities, d evelop and publish a\ncomprehensive statewide plan for nonhazardous waste management which shall\ncontain but not be limited to the provisions set forth in KRS 224.43 -345, and\ndevelop and publish a comprehensive statewide plan for hazardous waste\nmanagement which shall contain but not be limited to the following:\n(a) A description of current hazardous waste management practices and costs,\nincluding treatment and disposal, within the Commonwealth;\n(b) An inventory and description of all existing facilities whe re hazardous waste\nis being generated, treated, recycled, stored, or disposed of, including an\ninventory of the deficiencies of present facilities in meeting current hazardous\nwaste management needs and a statement of the ability of present hazardous\nwaste management facilities to comply with state and federal laws relating to\nhazardous waste;\n(c) A description of the sources of hazardous waste affecting the Commonwealth\nincluding the types and quantities of hazardous waste currently being\ngenerated and a p rojection of such activities as can be expected to continue\nfor not less than twenty (20) years into the future; and\n(d) An identification and continuing evaluation of those locations within the\nCommonwealth which are naturally or may be engineered to be s uitable for\nthe establishment of hazardous waste management facilities, and an\nidentification of those general characteristics, values, and attributes which\nwould render a particular location unsuitable, consistent with the policy of\nminimizing land dispos al and encouraging the treatment and recycling of the\nwastes.\nThe statewide waste management plans shall be developed consistent with state and\nfederal laws relating to waste;\n(25) Perform other acts necessary to carry out the duties and responsibilities described in\nthis section;\n(26) Preserve existing clean air resources while ensuring economic growth by issuing\nregulations, which shall be no more stringent than federal requirements, setting\nmaximum allowable increases from stationary sources over baseli ne concentrations\nof air contaminants to prevent significant deterioration in areas meeting the state\nand national ambient air quality standards;\n(27) Promulgate regulations concerning the bonding provisions of subsection (19)(a) of\nthis section, setting f orth bonding requirements, including but not limited to\nrequirements for the amount, duration, release, and forfeiture of the bonds. All\nfunds from the forfeiture of bonds required pursuant to this section shall be placed\nin the State Treasury and credited  to a special trust and agency account which shall\nnot lapse. The account shall be known as the \"sewage treatment system\nrehabilitation fund\" and all moneys placed in the fund shall be used for the\nelimination of nuisances and hazards created by sewage sys tems which were\nimproperly built, operated, or maintained, and insofar as practicable be used to\ncorrect the problems at the same site for which the bond or other sureties were\noriginally provided;\n(28) Promulgate administrative regulations not inconsisten t with the provisions of law\nadministered by the cabinet;\n(29) Through the secretary or designee of the secretary, enter into, execute, and enforce\nreciprocal agreements with responsible officers of other states relating to\ncompliance with the requirements  of KRS Chapters 350, 351, and 352 and the\nadministrative regulations promulgated under those chapters;\n(30) Monitor and enforce the compliance of a merchant electric generating entity to\nwhich a construction certificate has been issued pursuant to KRS 278.710 with\nrespect to its obligations under KRS 278.710(3), (4), (5), (7), (8), (9), and (10); and\n(31) Draw upon a decommissioning bond or similar security for which it is named as a\nbeneficiary and decommission and dismantle a merchant electric generating facility\nin accordance with its approved decommissioning plan.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54028","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"ca9fdc8d071715d8440a27328cf136b1c10c2adbe3ef906164411a6a0e337f88","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.10-060","next":"us-ky/krs-224.10-103"},"notice":"GroundRules: Original legal text. Not legal advice."}