224.60-138 Reduction of contamination levels by corrective action or closure -Request for final determination -- Hearing -- Effect.
(1)
(2)
If corrective action for a release from or closure of a petroleum storage tank reduces
levels of contamination to less than the standards established pursuant to the
administrative regulations adopted under KRS 224.60-137, then the cabinet shall
approve the corrective action or closure and issue a notice to the owner or operator
that no further action is required to address the petroleum contamination.
A person who submits a corrective action proposal to the cabinet may request in
writing a final determination on the proposal no sooner than thirty (30) days after its
submission. When a final determination on the proposal is requested, the cabinet
shall make its final determination within sixty (60) working days from the date the
request is received by the cabinet. After a final determination has been made, the
person requesting the final determination may request a hearing pursuant to the
provisions of KRS 224.10-420. Nothing in this subsection shall relieve any person
of any obligations imposed by law during an environmental emergency, nor shall it
require the cabinet to approve a proposal which would violate this chapter or the
administrative regulations promulgated pursuant thereto.
Effective: April 11, 1994
History: Created 1994 Ky. Acts ch. 419, sec. 3, effective April 11, 1994.
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