224.01-518 Voluntary remediation agreed order.
(1)
(2)
Once an application is accepted, the applicant and the cabinet shall enter into an
agreed order which shall set forth the mutual responsibilities of the parties with
respect to the remediation project.
A voluntary remediation agreed order shall include:
(a) The applicant's agreement to:
1.
Identify any hazardous substance and any petroleum released or believed
to be released to the environment at the site and provide a
characterization plan for the releases or threatened releases adequate to
comply with KRS 224.01-400, 224.01-405, 224.01-510 to 224.01-532,
and any administrative regulations promulgated pursuant thereto;
2.
Submit to the cabinet on the agreed schedule a characterization report
and a corrective action plan complying with KRS 224.01-400, 224.01405, 224.01-510 to 224.01-532, and any administrative regulations
promulgated pursuant thereto within one hundred twenty (120) days
after the date the agreed order is entered by the secretary of the cabinet,
or such longer period agreed upon by the parties; and
3.
Submit to the cabinet a corrective action report by the date agreed upon
by the parties. The corrective action report shall contain a certification
by the applicant that the remediation has been completed in accordance
with the approved corrective action plan;
(b) A general listing of the estimated costs the cabinet expects to incur for its
review and oversight of the remediation;
(c) The applicant's agreement to reimburse the cabinet for all reasonable actual
and necessary costs of review and oversight that exceed the program's
application fee, along with a schedule of the applicant's payments to reimburse
the cabinet for its costs. The cabinet may waive in whole or in part its right to
be reimbursed its costs related to properties of less than three (3) acres if the
cabinet determines the waiver will best serve the public interest, in which case
the agreed order shall note the waiver determination;
(d) The applicant's agreement to complete remediation on the agreed schedule in
compliance with the approved corrective action plan;
(e) A requirement that records related to the site's remediation be retained and
provided to the cabinet on request;
(f) A provision that the applicant may withdraw from the agreed order prior to
issuance of the covenant not to sue, and have no further obligations
thereunder, subject to payment of the cabinet's costs incurred prior to the
withdrawal and the cabinet's reservation of its rights; and
(g) Any other provisions the cabinet determines are necessary to protect human
health, safety, and the environment, or to effectuate the purposes of KRS
224.01-510 to 224.01-532.
(3)
If the applicant and the cabinet are unable to negotiate an agreement in good faith
within a reasonable time after negotiations have commenced, either party may
withdraw from further negotiations.
Effective: June 21, 2001
History: Created 2001 Ky. Acts ch. 128, sec. 5, effective June 21, 2001.
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