KRS 224.1-514: Voluntary Environmental Remediation Program -- Application for

entry.

(1) A Voluntary Environmental Remediation Program is established and shall be

administered by the cabinet in accordance with KRS 224.1-510 to 224.1-532.

(2) Any person may apply to enter a property in the program, unless:

(a) The property is part of or con tains a site which is on the National Priorities

List established by the United States Environmental Protection Agency;

(b) The property is part of or contains a hazardous waste treatment, storage, or

disposal facility for which a permit has been issued, or the site is otherwise the

subject of hazardous waste closure or corrective action pursuant to KRS

224.46-520 or KRS 224.46-530;

(c) The property or site is the subject of state or federal environmental

enforcement action relating to the release, for whic h the application is

submitted; or

(d) The property or site presents an environmental emergency, as defined in KRS

224.1-400.

(3) To apply to enter the voluntary environmental remediation program, an applicant

shall:

(a) Complete an application provided by the cabinet;

(b) Identify any hazardous substance and any petroleum released or believed to be

released to the environment at the site and provide a site characterization plan

for the releases or threatened releases adequate to comply with KRS 224.1 -

400, 224.1-405, 224.1 -510 to 224.1 -532, and any administrative regulations

promulgated pursuant thereto;

(c) Submit a five thousand dollar ($5,000) nonrefundable application fee; and

(d) Publish the notice of application in the newspaper of largest circulation in the

county in which the site is located. The notice shall include a reference to the

local public library where pertinent documents related to the application may

be found and reviewed by the public.

(4) Fees collected under KRS 224.1 -510 to 224.1 -532 s hall be deposited in the

hazardous waste management fund set out in KRS 224.46 -580(13). The cabinet

shall use the fees to administer the voluntary environmental remediation program.

(5) The cabinet shall notify the Department for Public Health when the cab inet receives

an application with information pertaining to an actual or threatened release of a

hazardous substance over which the Department for Public Health has regulatory

authority.

(6) Copies of the following documents shall be transmitted by the app licant, as they

become available, to the local public library:

(a) Characterization plan;

(b) Characterization report;

(c) Corrective action plan;

(d) Corrective action completion report;

(e) Any notices of deficiency and any responses thereto; and

(f) Corrective action liability agreement.