Kentucky Statutes 77.030 – Resolution of fiscal court to be based upon findings of fact
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The fiscal court may adopt a resolution declaring that there is need for an air pollution control district to function if from the evidence received at such public hearing it finds:
(1) That the air within such county is so polluted with air contaminants as to be injurious to health, or an obstruction to the free use of property, or offensive to the senses of a considerable number of persons, so as to interfere with the comfortable enjoyment of life or property;
(2) And further that for any reason it is not practical to rely upon the enactment or enforcement of local ordinances to prevent or control the emission of smoke, fumes, or other substances which cause or contribute to such pollution.
Effective: March 14, 1952
History: Created 1952 Ky. Acts ch. 53, sec. 7, effective March 14, 1952.
(1) That the air within such county is so polluted with air contaminants as to be injurious to health, or an obstruction to the free use of property, or offensive to the senses of a considerable number of persons, so as to interfere with the comfortable enjoyment of life or property;
Terms Used In Kentucky Statutes 77.030
- District: means an air pollution control district. See Kentucky Statutes 77.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) And further that for any reason it is not practical to rely upon the enactment or enforcement of local ordinances to prevent or control the emission of smoke, fumes, or other substances which cause or contribute to such pollution.
Effective: March 14, 1952
History: Created 1952 Ky. Acts ch. 53, sec. 7, effective March 14, 1952.