KRS 224.1-465: Effect of letter -- Limitations -- Contents -- Application -- Voidable

circumstances -- Recording.

(1) The cabinet's issuance of a No Further Remediation Letter signifies a release from

further responsibilities for a remediation plan approved under KRS 224.1-460 and

any further responsibilities under KRS 224.1 -400 to undertake any other remedial

action on the site. The issuance of a No Further Remediation Letter shall be

considered prima facie evidence that the site does not constitute a threat to hu man

health and the environment and does not require additional remediation under KRS

224.1-400, if the site is utilized in accordance with the terms of the No Further

Remediation Letter.

(2) A No Further Remediation Letter issued pursuant to KRS 224.1 -460(4) shall be

limited to and include all of the following:

(a) An acknowledgment that the requirements of the remediation plan were

satisfied or are being satisfied;

(b) A description of the location of the property by reference to a legal description

or a plat showing the property's boundaries;

(c) The remediation objectives, specifying, as appropriate, any monitoring

requirements or any land use limitation imposed as a result of the remediation

efforts;

(d) A statement that the cabinet's issuance of the No Further Remediation Letter

signifies that the performance of the approved remediation plan has secured

release from further responsibilities under KRS 224.1 -400 and is considered

prima facie evidence that the site does not constitute a threat to human heal th

and the environment and does not require further remediation under KRS

224.1-400, if the site is utilized in accordance with the terms of the No Further

Remediation Letter;

(e) A prohibition against the use by the public entity of the property in a mann er

inconsistent with any land use limitation imposed as a result of the

remediation efforts without additional appropriate remedial activities and a

requirement that if the public entity conveys the property to a third party the

deed contains binding land use limitations in accordance with the remediation

plan; and

(f) A description of any preventive, engineering, and institutional controls

required in the remediation plan and notification that failure to manage and

maintain the controls in full compliance with the terms of the remediation

plan may result in voidance of the No Further Remediation Letter.

(3) The No Further Remediation Letter shall apply to the property in favor of the

following persons:

(a) The public entity to which the No Further Remediation Letter was issued;

(b) Any mortgagee or trustee, or their assignee, transferee, or any successor in

interest, of a deed of trust of the public entity property;

(c) Any successor in interest of the public entity;

(d) Any transferee of the public entity w hether the transfer was by sale,

bankruptcy proceeding, partition, settlement, or adjudication of any civil

action, charitable gift, or bequest; and

(e) Any financial institution, or their successor in interest, that after the date the

No Further Remediati on Letter was issued acquire the ownership, operation,

management, or control of the property through foreclosure, or under the

terms of a security interest held by the financial institution, or under the terms

of an extension of credit made by the financial institution.

(4) The No Further Remediation Letter shall be voidable if the site is not managed in

full compliance with KRS 224.1 -460 and this section or the approved remediation

plan upon which the issuance of the No Further Remediati on Letter was based, or if

the cabinet determines that any facts upon which the remediation plan was based,

were unknown at the time the No Further Remediation Letter was issued, or were

known but not disclosed or false.

(5) The public entity shall record the No Further Remediation Letter with the county

clerk of the county in which the property is located.