KRS 224.1-522: Cabinet's review and action on corrective action plan -- Right of appeal

of denial.

(1) Within one hundred twenty (120) working days of receipt of a corrective action plan

and the completion of the public comment period required by KRS 224.1 -524, the

cabinet shall:

(a) Review and evaluate the characterization and the corrective action plan for

compliance with KRS 224.1 -400, 224.1-405, and 224.1-510 to 224.1-532 and

any administrative regulations promulgated under those statutes, and if

necessary, inspect the property and any relevant conditions in the area

surrounding the property; and

(b) Approve or deny the corrective action plan.

(2) If the cabinet approves a corrective action plan, the cabinet shall, in writing, notify

the applicant and commenters.

(3) The cabinet shall deny a corrective action plan for failure to comply with KRS

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

promulgated under those statutes. If the cabinet denies a corrective action plan, it

shall notify, in writing, the applicant and commenters, specifying the reasons for the

denial. The cabinet shall also inform the applicant of the right to appeal the decision

in accordance with KRS 224.10 -420(2). Within thirty (30) days of receipt of th e

notice of denial, the applicant shall inform the cabinet if a revised corrective action

plan or corrective action completion report will be submitted.