Kentucky Statutes 77.155 – Prohibited emission of air contaminants
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(1) A person shall not, nor shall an agent or employee of a person, nor shall a person as agent or employee of another, discharge into the atmosphere from any single source of emission whatsoever, any air contaminant in quantities and for a period or periods in excess of applicable emission standards established by regulation by the air pollution control board. Exceeding these standards shall constitute a rebuttable presumption of violation of this section.
(2) A person shall not, nor shall an agent or employee of a person, nor shall a person as agent or employee of another, discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health, or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property. The board shall have power, by regulation, to fix reasonable limits, by weight or otherwise, for particular air contaminants or other material which in the opinion of said board may cause or have tendency to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public. Exceeding such limits shall be a rebuttable presumption of violation of this section.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 420, sec. 3, effective July 15, 1994. — Amended
1954 Ky. Acts ch. 173, sec. 1. — Created 1952 Ky. Acts ch. 53, secs. 35 and 36.
(2) A person shall not, nor shall an agent or employee of a person, nor shall a person as agent or employee of another, discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health, or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property. The board shall have power, by regulation, to fix reasonable limits, by weight or otherwise, for particular air contaminants or other material which in the opinion of said board may cause or have tendency to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public. Exceeding such limits shall be a rebuttable presumption of violation of this section.
Terms Used In Kentucky Statutes 77.155
- air contaminants: includes smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter, or any combination thereof. See Kentucky Statutes 77.005
- Person: means any individual, firm, copartnership, joint adventure, association, corporation, social club, fraternal organization, estate, trust, receiver, syndicate, any county, city, municipality, district (for air pollution control or otherwise), or other political subdivision, or any group or combination acting as a unit, and the plural as well as the singular unit. See Kentucky Statutes 77.005
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 420, sec. 3, effective July 15, 1994. — Amended
1954 Ky. Acts ch. 173, sec. 1. — Created 1952 Ky. Acts ch. 53, secs. 35 and 36.