{"data":{"id":"us-ky/krs-224.20-150","jurisdiction":"us-ky","citation":"KRS 224.20-150","heading":"Permits for air contaminant sources that treat certain soils -- Fiscal","body":"court approval.\n(1) Any air contaminant source that thermally treats soils that have been contaminated\nby releases of petroleum from underground tanks at commercial or industria l\nfacilities where the soils are not otherwise regulated as hazardous waste shall be\nsubject to this section, unless it accepts only those soils it has contaminated or those\nsoils contaminated by its wholly -owned subsidiary. Any mobile unit for thermal\ntreatment of petroleum contaminated soils where the unit processes the soils at, or\nin the immediate proximity, of the site of the soil contamination and which does not\nreceive soils from other contaminated sites or facilities shall not be subject to this\nsection.\n(2) The cabinet shall not issue a permit to construct or operate a new air contaminant\nsource subject to this section unless the fiscal court in which that source will be\nlocated approves, after public notice and a public hearing, its construction or\noperation. The cabinet, upon request, shall conduct a public hearing at the same\ntime the fiscal court conducts its public hearing. The cabinet and fiscal court public\nhearings shall be held simultaneously. A fiscal court shall not disapprove operation\nof a source if it has previously approved its construction. The fiscal court shall\nconsider the social and economic impacts of that source on the affected county,\nincluding changes in property values, community perception, and other psychic\ncosts; costs and availability of public service facilities and improvements required\nto support the source and to protect the public health, safety, and the environment;\nand the relationship of the source to local planning and existing development.\n(3) After a preliminary determination has been made concerning the issuance or denial\nof a permit authorizing the construction or reconstruction of an air contaminant\nsource subject to this section or the modification of a permit for an air contaminant\nsource subject to this sect ion, when modification will cause an increase in the\npotential to emit one hundred (100) tons per year or more of any pollutant or any\nsignificant increase in emissions of a toxic air pollutant, the applicant shall notify\nthe public by prominent advertisem ent in newspapers of general circulation in the\nlocality in which the source will be located or modified of the application and\npreliminary determination with respect to the application. The cabinet shall send\nnotice of its preliminary determination to the  applicant, local governmental, land\nuse bodies and local air pollution agencies, and persons on a mailing list that shall\nbe maintained of interested persons requesting to receive the notices.\n(4) The cabinet shall provide a thirty (30) day comment period  for receipt of comments\npertaining to the preliminary determination with respect to applications to construct,\nreconstruct, or modify an air contaminant source subject to this section, and shall\nprovide a detailed response to all significant comments when  the final agency\ndetermination is made with respect to an application.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10355","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"d7e0e7e5453ef731aadcf8c7f23f90853d9b6a4898fe1fc17afccf844a19afe8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.20-146","next":"us-ky/krs-224.20-300"},"notice":"GroundRules: Original legal text. Not legal advice."}