{"data":{"id":"us-ky/krs-77.155","jurisdiction":"us-ky","citation":"KRS 77.155","heading":"Prohibited emission of air contaminants -- Basis of compliance and","body":"enforcement.\n(1) A person shall not, nor shall an agent or employee of a person, nor shall a person as\nagent or employee of another, discharge into the atmosphere from any sing le source\nof emission whatsoever, any air contaminant in quantities and for a period or\nperiods in excess of applicable emission standards established by regulation by the\nair pollution control board. Exceeding these standards shall constitute a rebuttable\npresumption of violation of this section.\n(2) A person shall not, nor shall an agent or employee of a person, nor shall a person as\nagent or employee of another, discharge from any source whatsoever such\nquantities of air contaminants or other material wh ich cause injury, detriment,\nnuisance, or annoyance to any considerable number of persons or to the public or\nwhich endanger the comfort, repose, health, or safety of any such persons or the\npublic or which cause or have a natural tendency to cause injury or damage to\nbusiness or property. The board shall have power, by regulation, to fix reasonable\nlimits, by weight or otherwise, for particular air contaminants or other material\nwhich in the opinion of said board may cause or have tendency to cause injury,\ndetriment, nuisance, or annoyance to any considerable number of persons or to the\npublic. Exceeding such limits shall be a rebuttable presumption of violation of this\nsection.\n(3) (a) For purposes of enforcing compliance with the applicable requirements of this\nchapter, the administrative regulations promulgated thereunder, or any\nrequirement of the federal Clean Air Act, 42 U.S.C. sec. 7401 et seq., for\nwhich the air pollution control board has primary enforcement authority, an\nenforcement action alleging violations or noncompliance shall be based on:\n1. A data collection method, emissions test, or monitoring method that has\nbeen approved or promulgated by the United States Environmental\nProtection Agency; or\n2. A method or test that produces scientificall y defensible and quality -\nassured data that is accepted by the United States Environmental\nProtection Agency for enforcement purposes.\n(b) Any data collected using a method that does not meet the requirements of\nparagraph (a) of this subsection shall not be  admissible or considered in any\nenforcement proceeding initiated by the air pollution control board, an air\npollution control officer, or a private citizen.","path":["KRS Chapter 77"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56256","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:37Z","sha256":"61040e94a8682c4fc642ba3a675e1cb28f4516dd8550a2ab3235f7dddfbe4784","source_id":"us-ky","stale":false,"prev":"us-ky/krs-77.150","next":"us-ky/krs-77.160"},"notice":"GroundRules: Original legal text. Not legal advice."}