KRS 224.60-105: Registration of underground storage tanks -- Program to regulate

tanks.

(1) Owners of any underground storage tank, currently existing, or taken out of

operation after January 1, 1974, shall notify the cabinet of the existence of such

tanks and a description of the tank and its use in accordance with regulations

promulgated by the cabinet.

(2) The cabinet shall regulate underground storage tanks by requiring minimum

construction and performance standards, leak detection, record keeping, reporting

releases, corrective actions, closure, financial responsibility, and any other

requirement deemed necessary by the cabinet to protect the public health and

environment. In promulgating regulations to carry out this section the cabinet may

distinguish between types, classes, and ages of underground storage tanks.

(3) It is the intent of the General Assembly that the cabinet shall establish a program to

regulate underground storage tanks which implements federal regulatory

requirements for underground storage tanks. The cabinet shall develop and

implement a program and promulgate administr ative regulations for underground

storage tanks which shall be submitted for approval to the United States

Environmental Protection Agency pursuant to federal regulations.

(4) KRS 224.60 -105 to 224.60 -160 and administrative regulations promulgated under

authority of KRS 224.60 -105 to 224.60 -160 shall supersede and preempt all local

laws, ordinances, and regulations pertaining to petroleum underground storage

tanks, except:

(a) Any applicable state fire marshal regulations or local building permit

procedures for petroleum storage tank installations;

(b) Any local law, ordinance, or regulation promulgated before July 15, 1990; or

(c) Any local restrictions or conditions imposed pursuant to KRS Chapter 100.