KRS 224.1-415: Brownfield Redevelopment Program -- Conditions under which

property owner not liable for corrective action -- Administrative regulations.

(1) A Brownfield Redevelopment Program is established and shall be administered by

the cabinet.

(2) 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 ow ner'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 effect iveness 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 pot entially 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 rele ase 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) The nonliability provided in this section shall not apply to any real property for

which a false certification is made to the cabinet.

(4) 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.