{"data":{"id":"us-ky/krs-224.18-200","jurisdiction":"us-ky","citation":"KRS 224.18-200","heading":"Interstate Compact on Air Pollution.","body":"The Interstate Compact on Air Pollution is enacted into law and entered into with all\nother jurisdictions legally joining therein in the form substantially as follows:\nINTERSTATE COMPACT ON AIR POLLUTION\nARTICLE I\nThe party states to this compact hereby p rovide for the control of the interstate\nmovement of air pollutants through the establishment of an interstate agency with powers\nto prevent, abate, and control interstate air pollution.\nEach of the party states pledges to the other faithful cooperation in the control of air\npollution which originates in one state and is injurious to human health or welfare, animal\nor plant life, or property, or which interferes with the enjoyment of life or property, in the\nother state.\nThe party states recognize that no  single standard for outdoor atmosphere is\napplicable to all areas within the two party states due to such variables as population\ndensities, topographic and climatic characteristics, and existing or projected land use and\neconomic development. The guiding  principle of this compact is that air pollution\noriginating within a party state shall not be injurious to human health or welfare, animal\nor plant life, or property, or interfere with the enjoyment of life or property in the other\nparty state.\nARTICLE II\nAs used in this compact \"air pollution\" means the discharge into the air by the act of\nman of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and\namount as to be injurious to human health or welfare, animal or plant life, or property, or\nwhich would interfere with the enjoyment of life or property.\nARTICLE III\nThe party states hereby create the Interstate Air Pollution Control Commission,\nhereafter called \"the commission.\"\nThe commission shall consist of five commissioner s from each party state, each of\nwhom shall be a citizen of the state he represents, and one commissioner representing the\nUnited States Government who shall be appointed by the President of the United States,\nor in such other manner as may be provided by the Congress. The commissioners from\neach party state shall be chosen by the governor of such state in accordance with the laws\nof such state, as follows:\nTwo of the members from each state shall be chosen from appropriate state\nagencies, one of whom is the officer responsible for air pollution control, and one of\nwhom is the director of state health department. Three other members shall be chosen,\none of wh om is experienced in the field of municipal government, one of whom is\nexperienced in the field of industrial activities, and one of whom represents the public.\nExcept for the commissioner representing the United States Government and\ncommissioners who sh all be appointed by virtue of the offices which they hold and who\nmay be commissioners during their continuance in office, the term of each commissioner\nshall be four years. However, the commissioner experienced in the field of municipal\ngovernment, the co mmissioner experienced in the field of industrial activities, and the\ncommissioner appointed to represent the public shall be appointed, one for an initial term\nof one year, one for an initial term of two years, and one for an initial term of three years.\nAs the term of each such initial appointee expires, the successor to fill the vacancy\ncreated by such expired term shall be appointed for a term of four years.\nVacancies on the commission shall be filled for the unexpired term in the same\nmanner as appointments to full terms.\nEach commissioner shall be entitled to one vote in the commission. No action of the\ncommission shall be binding unless taken at a meeting in which a majority of the\ncommissioners from each party state are present and unless a majorit y of those present at\nthe meeting from each party state concur, but any action not binding for such a reason\nmay be ratified within thirty days by the concurrence of a majority of the commissioners\nof each party state. In the absence of any commissioner, h is vote may be cast by another\ncommissioner of his state if such commissioner casting the vote shall have a written\nproxy in such form as may be required by the commission.\nThe commission may sue and be sued, and shall have a seal.\nThe commission shall elect annually, from among its members, a chairman and vice\nchairman. The commission shall appoint an executive director who shall act as secretary,\nand who, together with such other commission personnel as the commission may\ndetermine, shall be bonded in such amount or amounts as the commission may require.\nNotwithstanding the civil service, personnel, or other merit systems laws of any of\nthe party states, the commission shall appoint, remove or discharge, and fix the\ncompensation of personnel necessary f or the performance of the commission's functions.\nTo the extent practicable, terms and conditions of employment for members of the staff of\nthe commission shall be similar to those pertaining to comparable employees of the\nindividual party states.\nThe commission may establish and maintain, independently or in conjunction with\none or more of the party states, a suitable retirement system for its employees. Employees\nof the commission shall be eligible for social security coverage in respect to old -age and\nsurvivors insurance, if the commission takes the steps necessary pursuant to federal law\nto participate in such program of insurance as a governmental agency or unit. The\ncommission may establish and maintain or participate in additional programs of employee\nbenefits appropriate to afford employees of the commission terms and conditions of\nemployment similar to those enjoyed by employees of the party states generally.\nThe commission may accept, or contract for the services of personnel and other\nservices or materials from any state, the United States or any subdivision or agency of\neither, from any interstate agency, or from any institution, person, firm, or corporation.\nThe commission may accept for any of its purposes and functions under this\ncompact any and all donations, and grants of money, equipment, supplies, materials, and\nservices conditional or otherwise, from the United States, or any agency thereof, from any\nstate or any subdivision or agency thereof, or from any institution, person, firm, or\ncorporation, and may receive, utilize, and dispose of the same. The identity of any donor,\nthe amount and character of any assistance, and the conditions, if any, attached thereto\nshall be set forth in the annual report of the commission.\nThe commission may establish and maintain the facilities necessary for the\ntransacting of its business. The commission may acquire, hold, and convey real and\npersonal property and any interest therein.\nThe commission may formulate and adopt rules and regulations and perform any act\nwhich it finds necessary to carry out the provisions of this compact, and may amend such\nrules and regulations. All such rules and regulations shall be filed in the office of the\ncommission for public inspection and copies of such rules and regula tions shall be filed\nin the office in each party state in which rules and regulations of state agencies are filed\nand shall thereafter be made available to interested persons upon request.\nThe commission annually shall make to the governor and legislature  of each party\nstate a report covering the activities of the commission for the preceding year, and\nembodying recommendations adopted by the commission. The commission may issue\nsuch additional reports as it may deem desirable. These reports shall be avail able for\npublic examination.\nThe commission shall have the authority to collect and disseminate information\nrelating to its functions under, and the purpose of, this compact.\nARTICLE IV\nThe commission, may, whenever it finds air pollution which originates in one of the\nparty states and has an adverse effect in the other party state, make a report\nrecommending measures for the prevention, abatement, or control of the air pollution.\nCopies of the report shall be furnished to all existing state and local air  pollution control\nagencies with jurisdiction over the sources of air pollution identified in the report. In\npreparing any report, the commission may confer with any appropriate national, regional,\nor local planning body, and any governmental agency author ized to deal with matters\nrelating to air pollution problems and may conduct such hearings and investigations as it\nmay deem appropriate. The commission may consult with and advise the states and local\ngovernments, corporations, persons, or other entities with regard to the adoption of\nprograms and the installation of equipment and works for the prevention, abatement, or\ncontrol of air pollution. For the enforcement of this compact the commission may also\nestablish standards consistent with the provisions o f this compact and any standards\nwhich may be adopted by the party states.\nBefore any report of the commission which specifically identifies a particular\nindustrial or other installation, structure, or facility as a source of air pollution becomes\nfinal, the commission shall give the owner or operator of the installation, structure, or\nfacility notice by certified mail of the anticipated adoption of such report and shall afford\nthe owner or operator of the installation, structure, or facility not less than  ten days after\nthe mailing of such notice to file with the commission its written objections thereto. If no\nsuch objections are filed with the commission within such specified period, the report\nshall become final. If the objections are filed with the com mission within the specified\nperiod, the commission shall afford the owner or operator not less than ten days from its\nreceipt of objections to discuss with the commission the findings, conclusions, and\nrecommendations of the report before it is finally adopted by the commission.\nWithin a reasonable time after the commission furnishes a report to the appropriate\nexisting state and local air pollution control agencies pursuant to this article and, if the\nrecommendations made in such report for the preventio n, abatement, or control of air\npollution from a specific source or sources have not been implemented, or if the\nappropriate state or local air pollution control agencies have not taken sufficient action to\nprevent, abate, or control the air pollution, the  commission may, after a duly conducted\nand constituted hearing, on due notice, issue an order upon any municipality, corporation,\nperson, or other entity causing or contributing to interstate air pollution. At any such\nhearing evidence may be received and  a finding made on whether, in fact, interstate air\npollution exists and on the sources of such pollution. Any order may prescribe a timetable\nfor the abatement of control of the air pollution involved. Any such order shall become\nfinal and binding unless a petition for review of the same shall be filed and prosecuted\npursuant to the provisions of Article V of this compact.\nIn a party state, any court of general jurisdiction in any county in which the air\npollution originates or any United States district court for the district in which the\npollution originates shall entertain and determine any action or proceeding brought by the\ncommission to enforce an order against any municipality, corporation, person, or other\nentity domiciled or located within such st ate and whose discharge of air pollution takes\nplace within or adjoining such state, or against any employee, department, or subdivision\nof such municipality, corporation, person or other entity, and shall entertain and\ndetermine any petition for review pursuant to the provisions of Article V of this compact.\nARTICLE V\nAll hearings held by the commission shall be open to the public. At any hearing\nheld pursuant to Article IV of this compact the party states, any agencies thereof, and any\naffected person, c orporation, municipality, or other entity shall be entitled to appear in\nperson or by representative, with or without counsel, and may make oral or written\nargument, offer testimony, or take any combination of such actions. All testimony taken\nbefore the c ommission shall be under oath and recorded in a written transcript. The\ntranscript so recorded shall be made available to any member of the public or to any\nparticipant in such hearing upon payment of reasonable charges as fixed by the\ncommission. No infor mation relating to secret processes or methods of manufacture or\nproduction shall be disclosed at any public hearing or otherwise and all such information\nshall be kept confidential.\nAll hearings shall be had before one or more members of the commission, or before\nan officer or employee of the commission expressly designated to act as a hearing officer.\nAny party state or person aggrieved by any order made by the commission shall be\nentitled to a judicial review thereof. Such review may be had by filing a  verified petition\nin any of the appropriate courts referred to in Article IV, setting out such order and\nalleging specifically that said order is:\n(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance\nwith law; or\n(b) Contrary to constitutional right, power, privilege, or immunity; or\n(c) In excess of authority or jurisdiction conferred by this compact or statutes in\nimplementation hereof; or\n(d) Without observance of procedure required by law; or\n(e) Not within the purposes of this compact; or\n(f) Unsupported by the weight of the evidence.\nThe petition for a review shall be filed within thirty-five days after receipt of written\nnotice that the order has been issued. Written notice of the filing of a petition for review\nand a copy of said petition shall be personally served upon the commissio n. Any party or\nperson filing a petition for review shall, within fifteen days thereafter, secure from the\ncommission a certified copy of the transcript of any hearing held in connection with the\nissuance of the order, review of which is sought, and shall file the same with the clerk of\nthe court in which the action or proceeding for review is pending. An extension of time in\nwhich to file a transcript shall be granted by said court in which such action or proceeding\nfor review is pending for good cause sho wn. Inability to obtain a transcript within the\nspecified time shall be good cause. Failure to file a transcript within the period of fifteen\ndays, or to secure an extension of time therefor, shall be cause for the dismissal of the\npetition for review by the court or on petition of any party of record to the original action\nor proceeding. Where more than one person may be aggrieved by the order, only one\nproceeding for review may be had and the court in which a petition for review is first\nproperly filed shall have jurisdiction.\nThe court may, for good cause shown, admit and consider additional evidence\nbearing upon the issue or issues before it.\nNo review of a commission order shall be had except in accordance with the\nprovisions of this compact.\nARTICLE VI\nThe commission may establish one or more advisory and technical committees\ncomposed of such as the following: private citizens, expert and lay personnel,\nrepresentatives of industry, labor, commerce, agriculture, civic associations, and officials\nof local, state, and federal government, as it may determine, and may cooperate with and\nuse the services of any such committee and the organizations which they represent in\nfurthering any of its activities under this compact.\nARTICLE VII\nNothing in this compact shall be construed to:\n(a) Limit or otherwise affect the powers of either party state or any of their\nsubdivisions to enact and enforce laws or ordinances for the prevention, abatement, or\ncontrol of air pollution within their respective borders.\n(b) Prevent or restrict either party state or any subdivision thereof in requiring or\nprescribing measures of air pollution prevention, abatement, or control in addition to\nthose which may be required by either party state or the commission acting pursuant to\nthis compact.\nARTICLE VIII\nThe commission shall submit to the governor or designated officer or officers of\neach party state a budget of its estimated expenditures for such period as may be required\nby the laws of that state for presentation to the legislature thereof.\nEach of the commission's budgets of estimated expenditures shall contain specific\nrecommendations of the amount or amounts to be appropriated by each of the party states.\nAside from such support as may be available to the commission pursuan t to Article III,\nthe cost of operating and maintaining the commission shall be borne equally by the party\nstates.\nThe commission may meet any of its obligations in whole or in part with funds\navailable to it under Article III of this compact, provided th at the commission takes\nspecific action setting aside such funds prior to the incurring of any obligation to be met\nin whole or in part in this manner. Except where the commission makes use of funds\navailable to it under Article III, the commission shall not incur any obligations prior to the\nallotment of funds by the party states adequate to meet the same.\nThe expenses and any other costs for each member of the commission shall be met\nby the commission in accordance with such standards and procedures as i t may establish\nin its rules and regulations.\nThe commission shall keep accurate accounts of all receipts and disbursements. The\nreceipts and disbursements of the commission shall be subject to the audit and accounting\nprocedures established under its rul es and regulations. However, all receipts and\ndisbursements of funds handled by the commission shall be audited yearly by a certified\nor licensed public accountant and the report of the audit shall be included in and become\na part of the annual report of the commission.\nThe accounts of the commission shall be open at any reasonable time for inspection\nby duly constituted officers of the party states and by any persons authorized by the\ncommission.\nNothing contained herein shall be construed to prevent com mission compliance\nwith laws relating to audit or inspection of accounts by or on behalf of any government\ncontributing to the support of the commission.\nARTICLE IX\n(1) This compact shall become effective when enacted into law by any state in\naddition to the Commonwealth of Kentucky. Thereafter, this compact shall become\neffective as to any other state upon its enactment thereby.\n(2) Any party state may withdraw from this compact by enacting a statute\nrepealing same, but no withdrawal shall take effect until one year after the governor of the\nwithdrawing state has given notice in writing of the withdrawal to the governor of all\nother party states. No withdrawal shall affect any liability already incurred by or\nchargeable to a party state prior to the time of the withdrawal.\n(3) Any order of the commission issued prior to the termination of this compact\nshall be enforceable thereafter by either party state in the same manner as though this\ncompact were still in force except that any appropriate office or ag ency of the enforcing\nparty state may act in the place and stead of the commission.\nARTICLE X\nThe provisions of this compact shall be reasonably and liberally construed. The\nprovisions of this compact shall be severable and if any phrase, clause, sentence , or\nprovision is declared to be contrary to the constitution of either state or of the United\nStates, or the applicability thereof to any government agency, person, or circumstance is\nheld invalid, the validity of the remainder of this compact and the app licability thereof to\nany government, agency, person, or circumstance shall not be affected.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10340","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"e688d061fbd815de4b6bac474ae65ece51f8c1513e5f936b4fab39612cf5ab6c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.18-110","next":"us-ky/krs-224.18-210"},"notice":"GroundRules: Original legal text. Not legal advice."}