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224.80-110 Environmental covenants and corrective action plans -- Powers of
cabinet to review, approve, or deny -- Existing rights, duties, and protections
not affected by environmental covenants -- Definition of "holder" -- When
covenant deemed created.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any person that owns an interest in a real property subject to an environmental
response project as defined in KRS 224.80-100(6) as of July 1, 2005, may utilize an
environmental covenant as part of a corrective action plan submitted to the cabinet
for review and approval.
The cabinet shall review and shall approve or deny the environmental covenant, or
request additional information as part of its review of a corrective action plan
submitted pursuant to KRS 224.1-400, 224.1-405, 224.46-530 and 224.1-450 to
224.1-465. The cabinet shall review the environmental covenant and determine
whether:
(a) The real property is eligible for an environmental covenant under KRS
224.80-100 to 224.80-210;
(b) The environmental covenant is complete;
(c) The environmental covenant is protective of human health, safety, and the
environment under KRS 224.1-400, 224.1-405, 224.1-510 to 224.1-532,
224.46-530, and 224.1-450 to 224.1-465; and
(d) The person proposing the environmental covenant has published, through
public notice, a notification identifying by legal description and address the
property that is being considered for an environmental covenant, the intent to
place an environmental covenant on the property, and a list of interest holders
of record.
In addition to other conditions for the approval of an environmental covenant, the
cabinet may require those persons specified by the cabinet who have an interest in
the real property to sign the covenant.
The cabinet may deny an environmental covenant for reasonable grounds, including
a determination that the covenant does not protect human health or the environment.
The cabinet shall specify in writing, the grounds for denying the environmental
covenant.
Any person, including the cabinet, that signs an environmental covenant or
amendment thereto shall be required to fulfill the obligations and responsibilities
prescribed to him or her in the environmental covenant or amendment. The cabinet's
act of signing the environmental covenant shall be deemed an approval of an
environmental covenant. Nothing contained in this subsection shall modify or deny
any existing duties, rights, or protections granted under law, except as explicitly and
legally provided for in the environmental covenant.
If the environmental covenant is approved and signed in accordance with this
subchapter, those parties meeting the requirements in subsection (7) of this section
shall be deemed holders. The environmental covenant shall be deemed created.
A holder may be:
(a) Any person, including a person that owns an interest in the real property; or
(b)
A governmental body empowered to hold an interest in real property under the
laws of this state or of the United States.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 2, effective June 20, 2005.
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