{"data":{"id":"us-ky/krs-224.1-415","jurisdiction":"us-ky","citation":"KRS 224.1-415","heading":"Brownfield Redevelopment Program -- Conditions under which","body":"property owner not liable for corrective action -- Administrative regulations.\n(1) A Brownfield Redevelopment Program is established and shall be administered by\nthe cabinet.\n(2) In addition to any other defenses provided by law, a person that owns real property\nwhere a release of petroleum governed by KRS 224.1 -405 or a release of a\nhazardous substance, pollutant, or contaminant governed by KRS 224.1 -400 has\noccurred shall not be liable for performing characterization, correcting the effects of\nthe release on the environment, or performing corrective action of the release if:\n(a) The person certifies to the cabinet and the cabinet finds that:\n1. The release occurred prior to the property ow ner's acquisition of the\nproperty;\n2. The property owner made all appropriate inquiries into previous\nownership and uses of the property in accordance with generally\naccepted practices;\n3. The property owner or a responsible party has provided all legally\nrequired notices under this chapter with respect to hazardous substances,\npollutants, contaminants, petroleum, or petroleum products found at the\nproperty;\n4. The property owner is in compliance with all land use restrictions and\nwill not impede the effect iveness or integrity of any institutional control\nrequired for the property;\n5. The property owner complied with any information requests by the\ncabinet under this chapter;\n6. The property owner is not and has not been affiliated with any person\nwho is pot entially liable for the release of hazardous substances,\npollutants, contaminants, petroleum, or petroleum products on the\nproperty pursuant to KRS 224.1-400, 224.1-405, or 224.60-135 through:\na. Direct or indirect familial relationship;\nb. Any contractual , corporate, or financial relationship, excluding\nrelationships created by instruments conveying or financing title or\nby contracts for sale of goods or services; or\nc. Reorganization of a business entity that was potentially liable; and\n7. The property owner has not caused or contributed to the release;\n(b) The cabinet concurs in writing that the intended future use of the property will\nnot interfere with remediation of the release as required by the cabinet,\nincrease the impacts of the rele ase on human health or the environment, or\nexpose the public and environment to unacceptable harm; and\n(c) The person provides any person conducting characterization, correcting of the\neffect of the release on the environment, or undertaking corrective or remedial\naction, as well as the cabinet, with access to the property so necessary\nremediation activities can be completed.\n(3) The nonliability provided in this section shall not apply to any real property for\nwhich a false certification is made to the cabinet.\n(4) The cabinet may, by administrative regulation, establish procedures for the\nimplementation of this section and KRS 224.60 -135 and 224.60 -138, which may\ninclude administrative forms, technical standards, and fees to cover the cost of the\ncabinet's reviews.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41590","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:38Z","sha256":"ffd843f3b330adaa702c71f62361d78e31bf7428d5574cf5b38d3c29b81021d0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.1-410","next":"us-ky/krs-224.1-420"},"notice":"GroundRules: Original legal text. Not legal advice."}