Section 224.1-514 - Voluntary Environmental Remediation Program - Application for 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 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 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.Amended by 2018 Ky. Acts ch. 98,§ 2, eff. 7/14/2018.Effective:6/21/2001
Created 2001, Ky. Acts ch. 128, sec. 3, effective6/21/2001.