Ky. Rev. Stat. Ann. § 224.10-280 – Cumulative environmental assessment and fee required before construction of facility for generating electricity -- Conditions imposed by cabinet -- Administrative regulations.

(1) Except for a person that commenced construction of a facility prior to April 15, 2002, or that has received a certificate of public convenience and necessity from the Public Service Commission prior to April 15, 2002, no person shall commence to construct a facility to be used for the generation of electricity unless the person:
1. (a) Submits a cumulative environmental assessment to the cabinet with the permit application; and
2. (b) Remits a fee set pursuant to KRS 224.10-100(20) by the cabinet to defray the cost of processing the cumulative environmental assessment.
(2) The person may submit and the cabinet may accept documentation of compliance with the National Environmental Policy Act (NEPA) as satisfying the requirements to file a cumulative environmental assessment under subsection (1) of this section.
(3) The cumulative environmental assessment shall contain a description, with appropriate analytical support, of:
1. (a) For air pollutants: 1. Types and quantities of air pollutants that will be emitted from the facility; and 2. A description of the methods to be used to control those emissions;
2. (b) For water pollutants: 1. Types and quantities of water pollutants that will be discharged from the facility into the waters of the Commonwealth; and 2. A description of the methods to be used to control those discharges;
3. (c) For wastes: Types and quantities of wastes that will be generated by the facility; and 1. 2. A description of the methods to be used to manage and dispose of such wastes; and
4. (d) For water withdrawal: 1. Identification of the source and volume of anticipated water withdrawal needed to support facility construction and operations; and 2. A description of the methods to be used for managing water usage and withdrawal.
(4) The cabinet may impose such conditions regarding the timing, volume, duration, or type of pollutants on a permit, registration, general permit, or permit-by-rule for a facility subject to this section as are necessary to comply with applicable standards.
(5) The cabinet may promulgate administrative regulations to implement the provisions of this section.

Effective: April 24, 2002

History: Created 2002 Ky. Acts ch. 365, sec. 10, effective April 24, 2002.