KRS 353.561: Determination of abandoned storage tank facility -- Restorative and

preventive actions.

(1) For the purposes of this section and KRS 353.562, 353.563, and 353.564, a storage

tank facility that is not being actively used and maintained shall be deemed

abandoned if:

(a) The cabinet sends written notice, by certified mail, return receipt requested, to

the address of the last known owner or operator of the facility or tank or to the

registered agent of a corporate owner or operator; and

(b) The owner or opera tor fails to respond within thirty (30) days after receiving

the notice indicating the intent to continue to use the tank or facility.

(2) Within thirty (30) days of the owner or operator's indication of intent to continue to

use the tank or facility, the owner or operator shall restore the status of the tank or

facility to active maintenance and shall implement a spill prevention, control, and

countermeasure plan. If after thirty (30) days of an operator's indication of intent to

continue to use the tank o r facility, the operator fails to restore the status of the

facilities to active maintenance, the cabinet shall deem the tank or facility

abandoned.