Title XVIII, Public Health

Revocation. (1) If money in the waste tire trust fund established by KRS 224.50-880 is not otherwise obligated, the cabinet may award a grant to a person for a project that will manage waste tires in accordance with the purposes of the waste tire program as appropriate to protect…

(1) A waste tire trust fund is established in the state treasury. The fund shall be used by the cabinet for the following purposes: (a) Properly managing waste tires; (b) Paying the costs associated with any waste tire amnesty program established by the cabinet that permits waste…

As used in KRS 224.60-105: (1) "Underground storage tank" means any one (1) or combination of tanks (including underground pipes connected thereto) used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes conn…

tanks. (1) Owners of any underground storage tank, currently existing, or taken out of operation after January 1, 1974, shall notify the cabinet of the existence of such tanks and a description of the tank and its use in accordance with regulations promulgated by the cabinet. (2)…

The General Assembly of the Commonwealth of Kentucky finds and declares that: (1) Significant quantities of petroleum and petroleum products are being stored in petroleum storage tanks in the state to meet the needs of its citizens and to foster economic growth and development an…

As used in KRS 224.60-120 to 224.60-150, unless the context otherwise requires: (1) "Bodily injury and property damage" means only those actual economic losses to an individual or the individual's property resulting from bodily injuries and damages to property caused by a release…

Administrative regulations. (1) Each petroleum storage tank owner or operator shall establish and maintain evidence of financial responsibility, as provided for in this section, for taking corrective action and for compensating third parties for bodily injury and property damage.…

Division of Waste Management -- Deadline for reimbursement of corrective action projects. (1) The Energy and Environment Cabinet, Department for Environmental Protection, Division of Waste Management, shall: (a) Establish by administrative regulation the policy, guidelines, and p…

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…