Kentucky Statutes 179.480 – Dust control treatment of county road by producers transporting natural resources thereon
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(1) Upon a finding by the fiscal court that there exists an unabated dust nuisance on a county road resulting from the transportation of natural resources by truck, said court may require the producers of the natural resources that are being hauled on said road to treat said road to control dust. Said producer or producers shall be notified of the fiscal court’s finding by certified mail and shall be afforded a reasonable opportunity to treat said road to control dust prior to the county fiscal court initiating dust control treatment. The cost of treatment shall be apportioned among all producers of natural resources using said road. If a producer does not pay his proportionate share within sixty (60) days of the mailing of the bill, the fiscal court may prohibit the movement of the producer’s natural resources on county roads until the charges are paid.
(2) The proportionate share of costs of any producer shall be determined as the percentage which the tonnage of natural resources hauled by or for the producer over county roads bears to the total tonnage of natural resources hauled on the county roads. The fiscal court shall consult with producers to devise an equitable method for determining proportionate cost shares before instituting charges, but the fiscal court shall be the final authority in determining proportionate costs.
(3) Treatment of county roads for dust pursuant to this section shall not include paving, or laying of rock.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 373, sec. 1, effective July 13, 1984.
(2) The proportionate share of costs of any producer shall be determined as the percentage which the tonnage of natural resources hauled by or for the producer over county roads bears to the total tonnage of natural resources hauled on the county roads. The fiscal court shall consult with producers to devise an equitable method for determining proportionate cost shares before instituting charges, but the fiscal court shall be the final authority in determining proportionate costs.
Terms Used In Kentucky Statutes 179.480
- Devise: To gift property by will.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) Treatment of county roads for dust pursuant to this section shall not include paving, or laying of rock.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 373, sec. 1, effective July 13, 1984.