{"data":{"id":"us-ky/krs-224.1-526","jurisdiction":"us-ky","citation":"KRS 224.1-526","heading":"Corrective action plan completion report -- Review by cabinet --","body":"Issuance and effect of corrective action liability agreement.\n(1) Upon completion of those tasks outlined in an approved corrective action plan, the\napplicant shall submit for the cabinet's review, within the timeframe proposed in the\ncorrective action plan, a corrective action completion report, and shall certify\ntherein that the applicant has successfully completed remediation in compliance\nwith the approved corrective action plan.\n(2) The cabinet shall review the corrective action completion report in the same manner\nas it reviewed the corrective action plan.\n(3) The cabinet may conduct its own investigation including but not limited to its own\ncharacterization to verify that r emediation has been completed in compliance with\nthe approved corrective action plan.\n(4) If the cabinet determines that no further remediation is required under the approved\ncorrective action plan or any administrative regulations promulgated under KRS\n224.1-400, 224.1 -405, and 224.1 -510 to 224.1 -532, the cabinet shall issue the\napplicant a corrective action liability agreement.\n(5) With respect to the releases identified in the corrective action plan, the corrective\naction liability agreement shall preclude any suit or claim by the Commonwealth for\nthe prosecution of civil or administrative enforcement action against the applicant\nfor failure to perform remediation under KRS 224.1 -400, 224.1 -405, any\nadministrative regulations promulgated under these statu tes, or the Federal\nComprehensive Environmental Response Compensation and Liability Act as\namended, 42 U.S.C. sec. 9601 et seq., for injunctive relief, lien assertion,\nreimbursement of costs, or civil penalties imposed under KRS 224.99 -010 for\nfailure to p erform remediation under KRS 224.1 -400 or 224.1 -405 and any\nadministrative regulations promulgated under these statutes.\n(6) The corrective action liability agreement shall be in recordable form, and shall be\nrecorded by the applicant, along with all deed restrictions and institutional controls\napproved by the cabinet, among the real estate records in the office of the county\nclerk where the property is located, within thirty (30) days of issuance by the\ncabinet. The corrective action liability agreement an d all deed restrictions,\nrestrictive covenants, and institutional controls approved by the cabinet as part of\nthe approved corrective action plan shall run with the land and inure to the benefit\nof, and be enforceable by the cabinet against the applicant a nd all subsequent\nlandowners, assignees, transferees, or successors. The corrective action liability\nagreement shall not be effective until it is recorded and a certified copy of the\nrecord instrument is delivered to the cabinet.\n(7) The corrective action liability agreement shall not apply to:\n(a) Releases other than those expressly identified in the corrective action plan;\n(b) Claims based on the failure of the applicant, or the failure of any successive\nlandowner as applicable, to comply with a requireme nt of KRS 224.1 -510 to\n224.1-532, the approved corrective action plan, or the approved corrective\naction completion report, including any required land use restrictions and\nengineering or institutional controls;\n(c) Liability resulting from the applicant's  exacerbation of the releases identified\nin the corrective action plan;\n(d) Criminal liability;\n(e) Petroleum storage tanks;\n(f) Claims or liability based on or resulting from misrepresentations or intentional\nomissions by the applicant;\n(g) Liability for any conditions at the site that were not known to the cabinet when\nthe cabinet approved the corrective action plan or the corrective action\ncompletion report, provided those conditions prevent the remediation from\nbeing protective of human health, safety, and the environment;\n(h) Claims based on changes in the development of scientific knowledge, as\nreflected in published peer -reviewed health or environmental standards, that\nindicate that the remediation is no longer protective of human health, safety,\nand the environment;\n(i) An environmental emergency as defined in KRS 224.1-400;\n(j) Any cabinet action for damages for injury to, destruction of, or loss of natural\nresources, including the reasonable costs of assessing such injur y, destruction,\nor loss resulting from such a release pursuant to the Federal Comprehensive\nEnvironmental Response Compensation and Liability Act as amended, 42\nU.S.C. sec. 9601 et seq.; and\n(k) Any administrative or civil action by the cabinet not express ly identified in\nsubsection (5) of this section.\n(8) Subject to subsection (7) of this section, the issuance of a corrective action liability\nagreement for a brownfield site, as defined in 42 U.S.C. sec. 9601(39), shall\npreclude any suit or claim under state law to compel the performance of remediation\nin excess of that required in the approved corrective action plan.\n(9) The issuance of a corrective action liability agreement shall not be construed to\nlimit:\n(a) Appeals of final cabinet orders and determin ations as provided for in this\nchapter;\n(b) Actions against the cabinet to compel compliance with the terms of the\ncorrective action plan; or\n(c) The availability of remedies to persons, other than the cabinet, for injury to\nproperty or person.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47776","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"087217b6be5c4432903de219de6b60f26ea9a0f0f3d3ee9c8ff5ba9e126df8ee","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.1-524","next":"us-ky/krs-224.1-528"},"notice":"GroundRules: Original legal text. Not legal advice."}