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224.1-415
Brownfield Redevelopment Program -- Conditions under which
property owner not liable for corrective action -- Administrative regulations.
(1)
(2)
A Brownfield Redevelopment Program is established and shall be administered by
the cabinet.
In addition to any other defenses provided by law, a person that owns real property
where a release of petroleum governed by KRS 224.1-405 or a release of a
hazardous substance, pollutant, or contaminant governed by KRS 224.1-400 has
occurred shall not be liable for performing characterization, correcting the effects of
the release on the environment, or performing corrective action of the release if:
(a) The person certifies to the cabinet and the cabinet finds that:
1.
The release occurred prior to the property owner's acquisition of the
property;
2.
The property owner made all appropriate inquiries into previous
ownership and uses of the property in accordance with generally
accepted practices;
3.
The property owner or a responsible party has provided all legally
required notices under this chapter with respect to hazardous substances,
pollutants, contaminants, petroleum, or petroleum products found at the
property;
4.
The property owner is in compliance with all land use restrictions and
will not impede the effectiveness or integrity of any institutional control
required for the property;
5.
The property owner complied with any information requests by the
cabinet under this chapter;
6.
The property owner is not and has not been affiliated with any person
who is potentially liable for the release of hazardous substances,
pollutants, contaminants, petroleum, or petroleum products on the
property pursuant to KRS 224.1-400, 224.1-405, or 224.60-135 through:
a.
Direct or indirect familial relationship;
b.
Any contractual, corporate, or financial relationship, excluding
relationships created by instruments conveying or financing title or
by contracts for sale of goods or services; or
c.
Reorganization of a business entity that was potentially liable; and
7.
The property owner has not caused or contributed to the release;
(b) The cabinet concurs in writing that the intended future use of the property will
not interfere with remediation of the release as required by the cabinet,
increase the impacts of the release on human health or the environment, or
expose the public and environment to unacceptable harm; and
(c) The person provides any person conducting characterization, correcting of the
effect of the release on the environment, or undertaking corrective or remedial
action, as well as the cabinet, with access to the property so necessary
remediation activities can be completed.
(3)
(4)
The nonliability provided in this section shall not apply to any real property for
which a false certification is made to the cabinet.
The cabinet may, by administrative regulation, establish procedures for the
implementation of this section and KRS 224.60-135 and 224.60-138, which may
include administrative forms, technical standards, and fees to cover the cost of the
cabinet's reviews.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 105, sec. 1, effective July 12, 2012.
Formerly codified as KRS 224.01-415.
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