Title XVIII, Public Health

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…

Formerly codified as KRS 224.250.

Formerly codified as KRS 224.255.

Formerly codified as KRS 224.265.

Formerly codified as KRS 224.880.

Formerly codified as KRS 224.882.

Formerly codified as KRS 224.884.