KRS 224.60-135: Corrective action for a release into the environment from a petroleum

storage tank.

(1) As required under administrative regulations of the cabinet, a petroleum storage

tank owner or operator shall commence, or contract for, corrective action for a

release into the environment from a petroleum storage tank. A property owner who

is not also the petroleum storage tank owner or operator shall have no obligation to

perform corrective action for a release into the environment from a petroleum

storage tank.

(2) If a petroleum storage tank owner or operator fails or refuses to take corrective

action, the cabinet may draw funds from the unobligated balance of the fund to

initiate, or contract for, corrective action pursuant to KRS 224.60 -105 to 224.60 -

160 in accordance with subsection (3) of the section.

(3) Except as provided in subsection (4) of this section, before initiating, or contracting

for, corrective action, the cabinet shall make a reasonable effort to notify and

provide to the petroleum storage tank owner or operator an opportunity to comply

with the requirements of this section.

(4) The cabinet may draw funds from the unobligated balance of the fund to undertake,

or contract for, corrective action necessary to prevent or remedy an emergency

situation threatening public health, safety, or the environment, resulting from a

release into the environment from a petroleum storage tank, unless a petroleum

storage tank owner or operator is taking appropriate action to abate emergency

situations in accordance with administrative regulations of the cabinet.

(5) Within six (6) months from April 9, 1990, the state fire marshal shall promulgate

administrative regulations which require any person or organization who installs,

repairs, closes, or removes an underground storage tank for a petroleum storage tank

owner or operator to demonstrate financial capability, including the maintenance of

pollution liability insurance, and technical competency and proficiency.