2016 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 1 - Generalities 224.1-522 Cabinet's review and action on corrective action plan -- Right of appeal of denial.
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224.1-522 Cabinet's review and action on corrective action plan -- Right of appeal
of denial.
(1)
(2)
(3)
(4)
Within one hundred twenty (120) working days of receipt of a corrective action
plan, the cabinet shall:
(a) Review and evaluate the characterization and the corrective action plan for
compliance with the agreed order, KRS 224.1-400, 224.1-405, 224.1-510 to
224.1-532, and any administrative regulations promulgated under these
statutes, and if necessary, inspect the property and any relevant conditions in
the area surrounding the property; and
(b) Approve or deny the corrective action plan.
The cabinet may request an applicant to submit additional or corrected information
during the applicable evaluation period. If the cabinet makes a request, the applicant
may:
(a) Comply with the request by notifying the cabinet in writing and submitting the
additional or corrected information within thirty (30) days after receiving the
cabinet's request. From the date of the request by the cabinet until the
additional or corrected information is submitted to the cabinet, the applicable
evaluation period shall be suspended; or
(b) Request a final determination in accordance with KRS 224.1-400(22) within
thirty (30) days after receiving the cabinet's request.
If the cabinet approves a corrective action plan, the cabinet shall, in writing, notify
the applicant and commenters.
The cabinet shall deny a corrective action plan for failure to comply with KRS
224.1-400, 224.1-405, 224.1-510 to 224.1-532, or any administrative regulations
promulgated under these statutes. The cabinet may deny a corrective action plan for
failure to respond to its request for information. If the cabinet denies a corrective
action plan, it shall notify, in writing, the applicant and commenters, specifying the
reasons for the denial. The cabinet shall also inform the applicant of the right to
appeal the decision in accordance with KRS 224.10-420(2). Within thirty (30) days
of receipt of the notice of denial, the applicant shall inform the cabinet if a revised
corrective action plan or corrective action completion report will be submitted.
Effective: June 21, 2001
History: Created 2001 Ky. Acts ch. 128, sec. 7, effective June 21, 2001.
Formerly codified as KRS 224.01-522.
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