224.60-105 Registration of underground storage tanks -- Program to regulate
tanks.
(1)
(2)
(3)
(4)
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.
The cabinet shall regulate underground storage tanks by requiring minimum
construction and performance standards, leak detection, record keeping, reporting
releases, corrective actions, closure, financial responsibility, and any other
requirement deemed necessary by the cabinet to protect the public health and
environment. In promulgating regulations to carry out this section the cabinet may
distinguish between types, classes, and ages of underground storage tanks.
It is the intent of the General Assembly that the cabinet shall establish a program to
regulate underground storage tanks which implements federal regulatory
requirements for underground storage tanks. The cabinet shall develop and
implement a program and promulgate administrative regulations for underground
storage tanks which shall be submitted for approval to the United States
Environmental Protection Agency pursuant to federal regulations.
KRS 224.60-105 to 224.60-160 and administrative regulations promulgated under
authority of KRS 224.60-105 to 224.60-160 shall supersede and preempt all local
laws, ordinances, and regulations pertaining to petroleum underground storage
tanks, except:
(a) Any applicable state fire marshal regulations or local building permit
procedures for petroleum storage tank installations;
(b) Any local law, ordinance, or regulation promulgated before July 15, 1990; or
(c) Any local restrictions or conditions imposed pursuant to KRS Chapter 100.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 376, effective July 15, 2010. -- Amended
1990 Ky. Acts ch. 370, sec. 3, effective April 9, 1990. -- Created 1986 Ky. Acts
ch. 237, sec. 7, effective July 15, 1986.
Formerly codified as KRS 224.814.
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