KRS 224.1-405: Corrective action for release of petroleum or petroleum product from a

source other than a petroleum storage tank.

(1) In the event of a release to the environment of petroleum or a petroleum product

from a source other than a petroleum storage tank, any person who owns or operates

the source from which the release occurred or any person who caused the release

shall characterize the extent of the release as necessary to determine the effect of the

release on the environment and shall perform correcti ve action. "Corrective action"

means those actions necessary to protect human health, safety, and the environment

in the event of a release of petroleum or petroleum product from a source other than

a petroleum storage tank. "Corrective action" includes re medial actions to clean up

contaminated groundwater, surface waters, sediments, and soil; actions to address

residual effects after initial corrective action is taken; and actions taken to restore or

replace potable water supplies. "Corrective action" also includes actions necessary

to monitor, assess, and evaluate a release, as well as actions necessary to monitor,

assess, and evaluate the effectiveness of remedial action after a release has occurred.

(2) The cabinet shall, by administrative regulation, es tablish standards and procedures

for the performance of corrective action in the event of a release of petroleum or

petroleum products from a source other than a petroleum storage tank. The

standards shall adequately protect human health, safety, and the e nvironment. The

standards and procedures shall be consistent with the standards and procedures for

corrective action in the event of a release from a petroleum storage tank, taking into

account the differences in exposure due to the source of the release. The

administrative regulations shall allow use of the options established in KRS 224.1 -

400(18).

(3) Until the administrative regulations required by subsection (2) of this section are

adopted, the cabinet shall allow a person required to take corrective ac tion in the

event of a release of petroleum or petroleum products from a source other than a

petroleum storage tank to use the options and provisions established in KRS 224.1 -

400(18) to (21). The cabinet shall approve use of the corrective action option af ter

ensuring that implementation will adequately protect human health, safety, and the

environment.