Title XVIII, Public Health

storage tank. (1) As required under administrative regulations of the cabinet, a petroleum storage tank owner or operator shall commence, or contract for, corrective action for a release into the environment from a petroleum storage tank. A property owner who is not also the petr…

-- Inventory of facilities eligible for reimbursement. (1) It is the intent of the General Assembly, when funds are available, that the University of Kentucky update the study completed in July 1995, and recommend amendments to standards for levels of petroleum contamination, inc…

Request for final determination -- Hearing -- Effect. (1) If corrective action for a release from or closure of a petroleum storage tank reduces levels of contamination to less than the standards established pursuant to the administrative regulations adopted under KRS 224.60-137,…

reimbursement. (1) There is hereby created the petroleum storage tank environmental assurance fund. The fund shall consist of a financial responsibility account and a petroleum storage tank account. Each account shall be maintained as a separate and distinct interest- bearing acc…

(1) To be eligible to participate in the fund, the owner of any petroleum storage tank containing motor fuels installed and placed in operation after July 15, 2004, shall register the petroleum storage tank with the cabinet as required by KRS 224.60-105 prior to applying for part…

accounts -- Administration by Department of Revenue -- Sunsetting of account claims activity. (1) Except as provided in subsection (2) of this section, there is established a petroleum environmental assurance fee to be paid by dealers on each gallon of gasoline and special fuels …

(1) The cabinet shall levy and collect annual fees in the amount of thirty dollars ($30) per tank from the owners or operators of underground storage tanks containing regulated substances for the purpose of funding the administration of the underground storage tank program. The f…

(1) Any underground storage tank owner or operator who fails to comply with KRS 224.60-105 or regulations promulgated thereto shall be subject to a civil penalty not to exceed five thousand dollars ($5,000) for each day of violation. (2) In determining the civil penalty to be imp…

If any of the provisions of KRS 224.60-105 to 224.60-160 are invalidated by any court of competent jurisdiction, the remainder of the provisions shall not be affected.

(1) It is hereby declared to be the policy of this Commonwealth to conserve the waters of the Commonwealth for public water supplies, for the propagation of fish and aquatic life, for fowl, animal wildlife and arboreous growth, and for agricultural, industrial, recreational and o…

No person shall, directly or indirectly, throw, drain, run or otherwise discharge into any of the waters of the Commonwealth, or cause, permit or suffer to be thrown, drained, run or otherwise discharged into such waters any pollutant, or any substance that shall cause or contrib…

(1) As used in this section, "cabinet" shall mean the Energy and Environment Cabinet. (2) An applicant for a permit to discharge pollutants into waters of the Commonwealth shall be subject to a permit fee by the cabinet. (3) The permit fee shall be equal to the cost of review but…

(1) The cabinet may require that any applicant for a grant under Title II of The Federal Water Pollution Control Act (33 U.S.C. secs. 1251 et seq.) shall adopt and maintain a system of charges in keeping with Section 1284(b) and to establish a special account as set forth in Sect…

regulations and plans. Permits issued by the cabinet pursuant to the provisions of KRS Chapters 151, 146, or 224 shall be consistent with the administrative regulations promulgated by the Kentucky River Authority, and the long-range water resource plan and drought response plans …

impaired by federal law -- Requirement for notice and opportunity for hearing to interested persons before submission to the Environmental Protection Agency of an impaired water designation for any new waters -- Cabinet's duty to provide notice and opportunity for public review a…

As used in KRS 224.71-100 to 224.71-140, unless the context requires otherwise: (1) "Agriculture operation" means any farm operation on a tract of land, including all income-producing improvements and farm dwellings, together with other farm buildings and structures incident to t…

(1) The Agriculture Water Quality Authority is created and administratively attached to the cabinet. The authority shall be a multidiscipline peer group that shall evaluate, develop, and improve best-management practices in conservation plans, compliance plans, and forest steward…

protection regions -- Plan modifications. Each agriculture operation shall establish an agriculture water quality plan as follows: (1) In the case of an agriculture operation which already has in place a conservation plan, compliance plan, or forest stewardship management plan, t…

(1) For purposes of KRS 224.71-100 to 224.71-140, if the cabinet's Division of Water documents that a person engaged in agriculture operations is conducting or allowing the conduct of any agriculture operation in a manner which results in water pollution or if the person fails to…

operations. For purposes of KRS 224.71-100 to 224.71-140, any documents relating to agriculture operations' agriculture water quality plans, conservation plans, or forest stewardship management plans, submitted to a local conservation district office or a state agency shall be co…

Nothing in KRS 224.71-100 to 224.71-140 shall be construed as affecting the obligation of any person concerning any permit, certification, or authorization required under state or federal law. Nothing in KRS 224.71-100 to 224.71-140 shall be construed to require the cabinet to gi…

nationwide permit to be deemed as having received state certification -- Effect. (1) Notwithstanding the provisions of KRS 224.71-140, if any person conducting an agriculture, silviculture, or other similar best management or technically-assisted practice or plan as defined in KR…

required -- Objections. Any corporation authorized to do business in this state and organized for the purpose of constructing, maintaining and operating sewer lines and sewage treatment facilities may, if it is unable to contract or agree with the owner after a good faith effort …

System Operators -- Examination and certification of operator -- Classification of systems -- Fees -- Training required for certificate renewal -- Waiver. (1) The Kentucky Board of Certification of Water and Wastewater System Operators established in KRS 224.10-024 shall recommen…

report on introduction of incompatible pollutants into the works. The cabinet is authorized to apply and to enforce against users of publicly owned treatment works the requirements of monitoring, record keeping and reporting, effluent limitations and pretreatment standards for th…

As used in KRS 224.73-130 to 224.73-150: (1) "Privately owned small wastewater treatment plant" or "plant" means all or any part of a sewage treatment facility, including the collection system that: (a) Is designed to intercept, transport, and treat sewage before discharging it i…

owner of privately owned small wastewater treatment plant. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A regarding the issuance or the renewal of a discharge permit under KRS 224.10-100 to an owner of a privately owned small wastewater…

privately owned small wastewater treatment plant -- Attachment and control of plant's assets -- Hearings, permitted actions, and orders. (1) The cabinet may seek to have a receiver appointed to assume the management and operation of a privately owned small wastewater treatment pl…

As used in this subchapter: (1) "Activity and use limitations" means restrictions or obligations created under KRS 224.80-100 to 224.80-210. (2) "Applicant" means a person applying to the cabinet for approval of an environmental covenant. (3) "Cabinet" means the Energy and Enviro…

cabinet to review, approve, or deny -- Existing rights, duties, and protections not affected by environmental covenants -- Definition of "holder" -- When covenant deemed created. (1) Any person that owns an interest in a real property subject to an environmental response project …

of cabinet -- Priority of interests in real property existing at the time of creation of an environmental covenant -- Subordination agreements. (1) An environmental covenant may identify more than one (1) holder, and the interest of a holder is an interest in real property. (2) A…

environmental covenant. (1) An environmental covenant shall: (a) State that the instrument is an environmental covenant executed pursuant to KRS 224.80-100 to 224.80-210; (b) Contain a legal description of the real property and a metes and bounds description of the portion of the…

deemed valid and enforceable -- Validity of instruments recorded before June 20, 2005. (1) An environmental covenant in compliance with the provisions of KRS 224.80-100 to 224.80-210 shall run with the land. (2) An environmental covenant that is otherwise effective shall be deeme…

prohibited by zoning, prior recorded instruments, or other applicable law -- Permissible restriction on uses of real property. KRS 224.80-100 to 224.80-210 shall not be construed to authorize a use of real property that is otherwise prohibited by zoning, by law other than is pres…

(1) A copy of the environmental covenant shall be provided to the following persons in a manner prescribed by the cabinet: (a) Each person signing the environmental covenant; (b) Each person holding a recorded interest in the real property subject to the environmental covenant; (…

(1) An environmental covenant and any amendment to or termination of that environmental covenant shall be recorded in the county clerk's office in each county that contains any portion of the real property subject to the environmental covenant. For the purposes of indexing, a hol…

Petition to court to terminate or reduce burden of environmental covenant. (1) An environmental covenant shall be perpetual, except under the following circumstances: (a) By its terms, the environmental covenant is limited to a specific duration or is terminated by the occurrence…

holder's rights. (1) (a) Except as provided in paragraph (b) of this subsection, an environmental covenant may be amended or terminated by consent only if the amendment or termination is requested as a modification to the corrective action plan approved by the cabinet, and only i…

(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be brought by: (a) A party to the environmental covenant; (b) The cabinet; (c) Any person to whom the environmental covenant expressly grants power to enforce; (d) A person …

public record. The cabinet shall establish and maintain a registry that contains all environmental covenants and any amendments to or terminations of those environmental covenants. The registry also may contain any other information concerning environmental covenants and the real…

(1) Any person who violates KRS 224.10-110(2) or (3), 224.70-110, 224.73-120, 224.20-050, 224.20-110, 224.46-580, 224.1-400, or who fails to perform any duties imposed by these sections, or who violates any determination, permit, administrative regulation, or order of the cabinet…

(1) It shall be the duty of the cabinet's Office of Legal Services, or upon the secretary's request, of the Attorney General, to institute an action for the recovery of any penalties and costs otherwise authorized in this chapter, and to bring an action for an injunction against …

Any applicant or certificate holder who fails to provide the information required in KRS 224.1-310 or falsifies such information shall be liable for a civil penalty of not to exceed the sum of one thousand dollars ($1,000). The penalty shall be recoverable in an action brought in…