Kentucky Statutes 224.1-514 – Voluntary Environmental Remediation Program — Application for entry
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(1) A Voluntary Environmental Remediation Program is established and shall be administered by the cabinet in accordance with KRS § 224.1-510 to KRS § 224.1-532.
(2) Any person may apply to enter a property in the program, unless:
(a) The property is part of or contains a site which is on the National Priorities
List established by the United States Environmental Protection Agency;
(b) The property is part of or contains a hazardous waste treatment, storage, or disposal facility for which a permit has been issued, or the site is otherwise the subject of hazardous waste closure or corrective action pursuant to KRS
224.46-520 or KRS § 224.46-530;
(c) The property or site is the subject of state or federal environmental enforcement action relating to the release, for which the application is submitted; or
(d) The property or site presents an environmental emergency, as defined in KRS
224.1-400.
(3) To apply to enter the voluntary environmental remediation program, an applicant shall:
(a) Complete an application provided by the cabinet;
(b) Identify any hazardous substance and any petroleum released or believed to be released to the environment at the site and provide a site characterization plan for the releases or threatened releases adequate to comply with KRS § 224.1-
400, 224.1-405, 224.1-510 to 224.1-532, and any administrative regulations promulgated pursuant thereto;
(c) Submit a five thousand dollar ($5,000) nonrefundable application fee; and
(d) Publish the notice of application in the newspaper of largest circulation in the county in which the site is located. The notice shall include a reference to the local public library where pertinent documents related to the application may be found and reviewed by the public.
(4) Fees collected under KRS § 224.1-510 to KRS § 224.1-532 shall be deposited in the hazardous waste management fund set out in KRS § 224.46-580(13). The cabinet shall use the fees to administer the voluntary environmental remediation program.
(5) The cabinet shall notify the Department for Public Health when the cabinet receives an application with information pertaining to an actual or threatened release of a hazardous substance over which the Department for Public Health has regulatory authority.
(6) Copies of the following documents shall be transmitted by the applicant, as they become available, to the local public library:
(a) Characterization plan; (b) Characterization report; (c) Corrective action plan;
(d) Corrective action completion report;
(e) Any notices of deficiency and any responses thereto; and
(f) Corrective action liability agreement.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 98, sec. 2, effective July 14, 2018. — Created
2001 Ky. Acts ch. 128, sec. 3, effective June 21, 2001.
Formerly codified as KRS § 224.01-514.
(2) Any person may apply to enter a property in the program, unless:
Terms Used In Kentucky Statutes 224.1-514
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Closure: means the time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses. See Kentucky Statutes 224.1-010
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See Kentucky Statutes 224.1-010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Storage: means the containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See Kentucky Statutes 224.1-010
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See Kentucky Statutes 224.1-010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010
(a) The property is part of or contains a site which is on the National Priorities
List established by the United States Environmental Protection Agency;
(b) The property is part of or contains a hazardous waste treatment, storage, or disposal facility for which a permit has been issued, or the site is otherwise the subject of hazardous waste closure or corrective action pursuant to KRS
224.46-520 or KRS § 224.46-530;
(c) The property or site is the subject of state or federal environmental enforcement action relating to the release, for which the application is submitted; or
(d) The property or site presents an environmental emergency, as defined in KRS
224.1-400.
(3) To apply to enter the voluntary environmental remediation program, an applicant shall:
(a) Complete an application provided by the cabinet;
(b) Identify any hazardous substance and any petroleum released or believed to be released to the environment at the site and provide a site characterization plan for the releases or threatened releases adequate to comply with KRS § 224.1-
400, 224.1-405, 224.1-510 to 224.1-532, and any administrative regulations promulgated pursuant thereto;
(c) Submit a five thousand dollar ($5,000) nonrefundable application fee; and
(d) Publish the notice of application in the newspaper of largest circulation in the county in which the site is located. The notice shall include a reference to the local public library where pertinent documents related to the application may be found and reviewed by the public.
(4) Fees collected under KRS § 224.1-510 to KRS § 224.1-532 shall be deposited in the hazardous waste management fund set out in KRS § 224.46-580(13). The cabinet shall use the fees to administer the voluntary environmental remediation program.
(5) The cabinet shall notify the Department for Public Health when the cabinet receives an application with information pertaining to an actual or threatened release of a hazardous substance over which the Department for Public Health has regulatory authority.
(6) Copies of the following documents shall be transmitted by the applicant, as they become available, to the local public library:
(a) Characterization plan; (b) Characterization report; (c) Corrective action plan;
(d) Corrective action completion report;
(e) Any notices of deficiency and any responses thereto; and
(f) Corrective action liability agreement.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 98, sec. 2, effective July 14, 2018. — Created
2001 Ky. Acts ch. 128, sec. 3, effective June 21, 2001.
Formerly codified as KRS § 224.01-514.