Title XVIII, Public Health

As used in this chapter unless the context clearly indicates otherwise: (1) "Air contaminant" includes smoke, dust, soot, grime, carbon, or any other particulate matter, radioactive matter, noxious acids, fumes, gases, odor, vapor, or any combination thereof; (2) "Air contaminant…

Catchline at repeal: Agricultural warehousing sites cleanup fund.

(1) The brownfield redevelopment fund shall be established in the State Treasury as an interest-bearing restricted fund and shall be administered by the cabinet. (2) The fund shall be a dedicated fund, and all moneys in the fund shall be used solely to provide financial assistanc…

Restriction on civil penalties. (1) As used in this section: (a) "Environmental audit" means a voluntary, internal, and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated under KRS Chapter 77 or this chapter, or federal, …

Any citizen of this Commonwealth having knowledge that any of the provisions of this chapter or regulations adopted thereunder are willfully and deliberately not being enforced by any public officer or employee, whose duty it is to enforce such provisions of this chapter and regu…

KRS Chapter 224 and the provisions of 1972 (1st Extra. Sess.) Ky. Acts ch. 3 shall not be construed as repealing any of the laws of the Commonwealth relating to the pollution of the waters thereof or any conservation laws, but shall be held and construed as ancillary and suppleme…

Where the injury, death, or destruction of fish or other wildlife results from pollution as defined in KRS 224.1-010 or from any violation of the orders, rules, regulations, or other determinations of the cabinet, the person responsible therefor shall be liable to the Commonwealt…

Catchline at repeal: Environmental Quality Commission: Membership, terms, compensation, officers, meetings.

Catchline at repeal: Eligibility limitations on commission membership.

Catchline at repeal: Powers and duties of commission.

Catchline at repeal: Recommendation of adoption or rejection of proposals -- Adoption upon recommendation of rejection, statement of reason.

Catchline at repeal: Environmental trust fund created.

Catchline at repeal: Uses for environmental trust fund.

Catchline at repeal: Environmental Board.

Catchline at repeal: Powers and duties of Environmental Board.

Catchline at repeal: Limitation on use of fund.

For purposes of KRS 224.1-300 and 224.1-310 only: (1) "Pollution control facility" means and includes: (a) Any property designed, constructed, or installed as a component part of any commercial or industrial premises for the primary purpose of eliminating or reducing the emission…

-- Appeal. (1) Application for a pollution control tax exemption certificate shall be filed with the Department of Revenue in such manner and in such form as may be prescribed by regulations issued by the Department of Revenue and shall contain plans and specifications of the str…

hazardous substances, pollutants, or contaminants -- Variation of requirements by administrative regulations -- Emergency plan -- Powers of cabinet -- Remedial action to restore environment -- Lien of cabinet for costs of cleanup -- Liability of financial institution acquiring pr…

emergency. Within seven (7) days of declaring that an environmental emergency exists that requires implementation of a contingency plan established in KRS 224.1-400(14), the cabinet shall send a copy of the declaration of emergency to the following officials serving a jurisdictio…

source other than a petroleum storage tank. (1) In the event of a release to the environment of petroleum or a petroleum product from a source other than a petroleum storage tank, any person who owns or operates the source from which the release occurred or any person who caused …

Definitions -- Decontamination standards -- Procedures for assessment -- Tiered response system -- Certification by owner that property cleaned and standard met -- Certification of decontamination contractors -- Posting methamphetamine contamination notice -- Written notice of pr…

property owner not liable for corrective action -- Administrative regulations. (1) A Brownfield Redevelopment Program is established and shall be administered by the cabinet. (2) In addition to any other defenses provided by law, a person that owns real property where a release o…

(1) For purposes of this section: (a) "Assignor" means the recipient of the tax credit who may assign, sell, or transfer, in whole or in part, the tax credit to any other taxpayer; (b) "Department" means the Department of Revenue; (c) "Qualifying expenditures" means up to one hun…

It is the intent of the General Assembly to encourage economic development by allowing the issuance of a No Further Remediation Letter to a public entity for a site when the remediation plan has been successfully completed.

As used in KRS 224.1-450 to 224.1-465, unless the context otherwise requires: (1) "Property" means a parcel or parcels of real property owned by a public entity upon which a release of a hazardous substance, pollutant, or contaminant has occurred. (2) "Public entity" means the Co…

(1) Any public entity may apply to the cabinet to obtain a No Further Remediation Letter, created by KRS 224.1-465, for a property. The application shall contain the following information: (a) A legal description of the property; (b) A copy of the deed for the property; (c) An en…

circumstances -- Recording. (1) The cabinet's issuance of a No Further Remediation Letter signifies a release from further responsibilities for a remediation plan approved under KRS 224.1-460 and any further responsibilities under KRS 224.1-400 to undertake any other remedial act…

facilities. KRS 224.1-510 to 224.1-532 and KRS 154.26-120, 154.28-130, 224.1-020, and 224A.013 are intended to establish an efficient and predictable process, within the context of KRS 224.1-400 and 224.1-405, to promote voluntary cleanup and redevelopment of properties suspected…

As used in KRS 224.1-510 to 224.1-532: (1) "Hazardous substance" shall have the meaning in KRS 224.1-400(1)(a) and also include any pollutant or contaminant, as those terms are defined in KRS 224.1- 400(1)(f), any hazardous substance, pollutant, or contaminant designated by the c…

entry. (1) A Voluntary Environmental Remediation Program is established and shall be administered by the cabinet in accordance with KRS 224.1-510 to 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 whic…

(1) The cabinet shall notify an applicant for the voluntary environmental remediation program within thirty (30) working days of receipt of a new or revised application as to whether the application is complete. Within forty-five (45) working days of determining that an applicati…

Catchline at repeal: Voluntary remediation agreed order.

(1) Once an application has been accepted by the cabinet, the applicant shall submit to the cabinet within the timeframe proposed in the site characterization plan, a site characterization report and a corrective action plan that meet the requirements of KRS 224.1-400, 224.1-405,…

of denial. (1) Within one hundred twenty (120) working days of receipt of a corrective action plan and the completion of the public comment period required by KRS 224.1-524, the cabinet shall: (a) Review and evaluate the characterization and the corrective action plan for complia…

action plan -- Comment period -- Public hearing. (1) Within ten (10) days from the date the applicant submits a corrective action plan to the cabinet, the applicant shall: (a) Submit for publication in a newspaper of general circulation in the county or counties where the propert…

Issuance and effect of corrective action liability agreement. (1) Upon completion of those tasks outlined in an approved corrective action plan, the applicant shall submit for the cabinet's review, within the timeframe proposed in the corrective action plan, a corrective action c…

The following actions of the cabinet shall be considered final determinations under KRS 224.1-510 to 224.1-532 that may be appealed in accordance with KRS 224.10-420(2): (1) Denial of an application to participate in the voluntary environmental remediation program; (2) Denial or …

management -- Administrative regulations. (1) Notwithstanding any provision of law or administrative regulation to the contrary, the numerical values contained in the most current version of the document titled "Regional Screening Level (RSL) Table" published by the United States…

promulgate administrative regulations. The cabinet shall implement KRS 224.1-510 to 224.1-532 from and after June 21, 2001. The cabinet shall publish forms by October 31, 2001, and may promulgate necessary administrative regulations, to implement KRS 224.1-510 to 224.1-532.

(1) There is established within the cabinet a Department for Natural Resources, a Department for Environmental Protection, an Office of Administrative Services, and an Office of Energy Policy. Each department shall be headed by a commissioner, and each office shall be headed by a…

directors and general counsels -- Appointments. There is established in the Office of the Secretary an Office of Administrative Hearings, an Office of Communication, and an Office of Legislative and Intergovernmental Affairs. Each of these offices shall be headed by an executive …

Operators -- Membership -- Purpose. (1) The Kentucky Board of Certification of Water and Wastewater System Operators is hereby established. The board shall recommend qualified applicants to the cabinet for certification and perform other acts as may be necessary to carry out the …

orders. (1) The secretary shall have any and all necessary power and authority, subject to appropriate provisions of the statutes, to create positions, to retain positions in effect prior to his or her appointment as secretary, and to employ the necessary personnel in such positi…

The secretary shall establish the internal organization of the cabinet not established by statute or by executive order of the Governor, as ratified by the General Assembly, and shall divide the cabinet into such offices or divisions as the secretary may deem necessary to perform…

In addition to any other powers and duties vested in it by law, the cabinet shall have the authority, power, and duty to: (1) Exercise general supervision of the administration and enforcement of this chapter, and all rules, regulations, and orders promulgated thereunder; (2) Pre…

In addition to its other powers, the cabinet shall have the following powers: (1) In cooperation with waste management districts, area development districts, or counties, to determine what entities are required to submit a solid waste management plan; (2) To review, approve, disa…

Plans -- Programs. The Energy and Environment Cabinet shall enforce the rules and regulations adopted by the secretary of the Energy and Environment Cabinet for the regulation and control of the matters set out below and shall formulate, promote, establish and execute policies, p…

Notwithstanding the provisions of KRS 424.130, the cabinet may publish advertisements in conformance with the requirements of an applicable federal law or federal regulation. However, if the federal law or regulation requires the cabinet to publish an advertisement more than sixt…

Environmental Protection Cabinet. All funds, credits, assets, appropriations, outstanding obligations, personnel, equipment and all resources or other tangible property and any business or other matter now undertaken or vested in the Natural Resources and Environmental Protection…