{"data":{"id":"us-ky/krs-224.10-270","jurisdiction":"us-ky","citation":"KRS 224.10-270","heading":"Exemption or partial exemption -- Application -- Period of exemption --","body":"Renewal -- Emergency provisions not limited.\n(1) Any person subject to any rule or regulation governing the emission or discharge of\ncontaminants into the ambient air or waters  of the Commonwealth promulgated by\nthe cabinet may apply for an exemption or partial exemption from such rule or\nregulation. The application shall be accompanied by such information and data as\nthe cabinet may require. The cabinet may grant such an exempt ion or partial\nexemption if it finds that:\n(a) The discharge occurring or proposed to occur does not or will not have a\nmeasurable impact on the quality of the ambient air or waters of the\nCommonwealth; and\n(b) Compliance with the rules or regulations from  which exemption is sought\nwould produce serious hardship without equal or greater benefit to the public.\n(2) Any person applying to the cabinet for an exemption shall publish notice of his\napplication in accordance with the rules and regulations of the cabinet in at least one\n(1) newspaper of general circulation in the county in which the emission or\ndischarge sought to be exempted is located. The cabinet shall promptly investigate\nthe application, consider the relative interests of the applicant, other ow ners of\nproperty likely to be affected by the emission or discharge, and of the general\npublic. If the cabinet, in its discretion, concludes that a hearing should be held, or if\nany person files an objection to the granting of such exemption within thirty (30)\ndays from the date of the first publication of notice of the application, then a hearing\nshall be held in the manner prescribed by the rules and regulations of the cabinet\nand the burden of proof shall be on the applicant for the exemption.\n(3) No exemption or partial exemption pursuant to this section shall be granted for a\nperiod to exceed one (1) year, but any such exemption or partial exemption may be\nrenewed for like periods if no complaint is made to the cabinet on account thereof\nor if, such complaint having been made and duly considered at a hearing held by the\ncabinet in the manner provided in subsection (2) of this section, the cabinet finds\nthat renewal is justified. No renewal shall be granted except on application therefor.\nAny such application shall be made at least thirty (30) days prior to the expiration of\nthe exemption or partial exemption. Immediately prior to application for renewal\nthe applicant shall give public notice of such application in accordance with rules\nand regulations of the cabinet. Any renewal pursuant to this subsection shall be on\nthe same grounds and subject to the same limitations and requirements as provided\nin subsection (1) of this section.\n(4) An exemption, partial exemption, or renewal thereof shall not be a rig ht of the\napplicant or holder thereof but shall be in the discretion of the cabinet.\n(5) Nothing in this section and no exemption, partial exemption, or renewal granted\npursuant hereto shall be construed to prevent or limit the application of the\nemergency provisions and procedures of KRS 224.10 -410 to any person or his\nproperty.\n(6) In granting or denying an exemption, partial exemption, or renewal thereof, the\nsecretary shall issue a written statement of the facts and reasons leading to the\ndecision and m ake such statement a part of the record of the action on the\napplication.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10321","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"fbdb7a2f134da8514e683329764cab9d88d47484d0178e476ccfa3ccc0fc23f5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.10-250","next":"us-ky/krs-224.10-272"},"notice":"GroundRules: Original legal text. Not legal advice."}