2016 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 60 - Underground Storage Facilities 224.60-135 Corrective action for a release into the environment from a petroleum storage tank.
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224.60-135 Corrective action for a release into the environment from a petroleum
storage tank.
(1)
(2)
(3)
(4)
(5)
As required under administrative regulations of the cabinet, a petroleum storage
tank owner or operator shall commence, or contract for, corrective action for a
release into the environment from a petroleum storage tank. A property owner who
is not also the petroleum storage tank owner or operator shall have no obligation to
perform corrective action for a release into the environment from a petroleum
storage tank.
If a petroleum storage tank owner or operator fails or refuses to take corrective
action, the cabinet may draw funds from the unobligated balance of the fund to
initiate, or contract for, corrective action pursuant to KRS 224.60-105 to 224.60160 in accordance with subsection (3) of the section.
Except as provided in subsection (4) of this section, before initiating, or contracting
for, corrective action, the cabinet shall make a reasonable effort to notify and
provide to the petroleum storage tank owner or operator an opportunity to comply
with the requirements of this section.
The cabinet may draw funds from the unobligated balance of the fund to undertake,
or contract for, corrective action necessary to prevent or remedy an emergency
situation threatening public health, safety, or the environment, resulting from a
release into the environment from a petroleum storage tank, unless a petroleum
storage tank owner or operator is taking appropriate action to abate emergency
situations in accordance with administrative regulations of the cabinet.
Within six (6) months from April 9, 1990, the state fire marshal shall promulgate
administrative regulations which require any person or organization who installs,
repairs, closes, or removes an underground storage tank for a petroleum storage tank
owner or operator to demonstrate financial capability, including the maintenance of
pollution liability insurance, and technical competency and proficiency.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 105, sec. 2, effective July 12, 2012. -- Repealed
and reenacted 1994 Ky. Acts ch. 279, sec. 4, effective July 15, 1994. -- Created 1990
Ky. Acts ch. 370, sec. 7, effective April 9, 1990.
Formerly codified as KRS 224.820.
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