KRS 224.60-138: Reduction of contamination levels by corrective action or closure --

Request for final determination -- Hearing -- Effect.

(1) If corrective action for a release from or closure of a petroleum storage tank reduces

levels of contamination to less than the standards established pursuant to the

administrative regulations adopted under KRS 224.60 -137, then the cabinet shall

approve the corrective action or closure and issue a notice to the owner or operator

that no further action is required to addres s the petroleum contamination. This

notice shall indicate that the property is not subject to any additional actions under

KRS 224.1-400 or 224.1-405.

(2) A person who submits a corrective action proposal to the cabinet may request in

writing a final determination on the proposal no sooner than thirty (30) days after its

submission. When a final determination on the proposal is requested, the cabinet

shall make its final determination within sixty (60) working days from the date the

request is received by t he cabinet. After a final determination has been made, the

person requesting the final determination may request a hearing pursuant to the

provisions of KRS 224.10 -420. Nothing in this subsection shall relieve any person

of any obligations imposed by law d uring an environmental emergency, nor shall it

require the cabinet to approve a proposal which would violate this chapter or the

administrative regulations promulgated pursuant thereto.