{"data":{"id":"us-ky/krs-224.1-465","jurisdiction":"us-ky","citation":"KRS 224.1-465","heading":"Effect of letter -- Limitations -- Contents -- Application -- Voidable","body":"circumstances -- Recording.\n(1) The cabinet's issuance of a No Further Remediation Letter signifies a release from\nfurther responsibilities for a remediation plan approved under KRS 224.1-460 and\nany further responsibilities under KRS 224.1 -400 to undertake any other remedial\naction on the site. The issuance of a No Further Remediation Letter shall be\nconsidered prima facie evidence that the site does not constitute a threat to hu man\nhealth and the environment and does not require additional remediation under KRS\n224.1-400, if the site is utilized in accordance with the terms of the No Further\nRemediation Letter.\n(2) A No Further Remediation Letter issued pursuant to KRS 224.1 -460(4) shall be\nlimited to and include all of the following:\n(a) An acknowledgment that the requirements of the remediation plan were\nsatisfied or are being satisfied;\n(b) A description of the location of the property by reference to a legal description\nor a plat showing the property's boundaries;\n(c) The remediation objectives, specifying, as appropriate, any monitoring\nrequirements or any land use limitation imposed as a result of the remediation\nefforts;\n(d) A statement that the cabinet's issuance of the No Further Remediation Letter\nsignifies that the performance of the approved remediation plan has secured\nrelease from further responsibilities under KRS 224.1 -400 and is considered\nprima facie evidence that the site does not constitute a threat to human heal th\nand the environment and does not require further remediation under KRS\n224.1-400, if the site is utilized in accordance with the terms of the No Further\nRemediation Letter;\n(e) A prohibition against the use by the public entity of the property in a mann er\ninconsistent with any land use limitation imposed as a result of the\nremediation efforts without additional appropriate remedial activities and a\nrequirement that if the public entity conveys the property to a third party the\ndeed contains binding land use limitations in accordance with the remediation\nplan; and\n(f) A description of any preventive, engineering, and institutional controls\nrequired in the remediation plan and notification that failure to manage and\nmaintain the controls in full compliance with the terms of the remediation\nplan may result in voidance of the No Further Remediation Letter.\n(3) The No Further Remediation Letter shall apply to the property in favor of the\nfollowing persons:\n(a) The public entity to which the No Further Remediation Letter was issued;\n(b) Any mortgagee or trustee, or their assignee, transferee, or any successor in\ninterest, of a deed of trust of the public entity property;\n(c) Any successor in interest of the public entity;\n(d) Any transferee of the public entity w hether the transfer was by sale,\nbankruptcy proceeding, partition, settlement, or adjudication of any civil\naction, charitable gift, or bequest; and\n(e) Any financial institution, or their successor in interest, that after the date the\nNo Further Remediati on Letter was issued acquire the ownership, operation,\nmanagement, or control of the property through foreclosure, or under the\nterms of a security interest held by the financial institution, or under the terms\nof an extension of credit made by the financial institution.\n(4) The No Further Remediation Letter shall be voidable if the site is not managed in\nfull compliance with KRS 224.1 -460 and this section or the approved remediation\nplan upon which the issuance of the No Further Remediati on Letter was based, or if\nthe cabinet determines that any facts upon which the remediation plan was based,\nwere unknown at the time the No Further Remediation Letter was issued, or were\nknown but not disclosed or false.\n(5) The public entity shall record the No Further Remediation Letter with the county\nclerk of the county in which the property is located.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41598","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"e951d6da9a32bc9d862b15432df6c5c677c3903d62a247b11e03a8914f83fe47","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.1-460","next":"us-ky/krs-224.1-510"},"notice":"GroundRules: Original legal text. Not legal advice."}