{"data":{"id":"us-ky/krs-224.80-110","jurisdiction":"us-ky","citation":"KRS 224.80-110","heading":"Environmental covenants and corrective action plans -- Powers of","body":"cabinet to review, approve, or deny -- Existing rights, duties, and protections\nnot affected by environmental covenants -- Definition of \"holder\" -- When\ncovenant deemed created.\n(1) Any person that owns an interest in a real property subject to an environmental\nresponse project as defined in KRS 224.80-100(6) as of July 1, 2005, may utilize an\nenvironmental covenant as part of a corrective action plan submitted to the cabinet\nfor review and approval.\n(2) The cabinet shall review and shall approve or deny the environmental covenant, or\nrequest additional information as part of its review of a corrective action plan\nsubmitted pursuant to KRS 224.1 -400, 224.1 -405, 224.46 -530 and 224.1 -450 to\n224.1-465. The cabinet shall review the environmental covenant and determine\nwhether:\n(a) The real property is eligible for an environmental covenant under KRS\n224.80-100 to 224.80-210;\n(b) The environmental covenant is complete;\n(c) The environmental covenant is protective of human health, safety, and the\nenvironment under KRS 224.1 -400, 224.1 -405, 224.1 -510 to 224.1 -532,\n224.46-530, and 224.1-450 to 224.1-465; and\n(d) The person proposing the environmental covenant has published, through\npublic notice , a notification identifying by legal description and address the\nproperty that is being considered for an environmental covenant, the intent to\nplace an environmental covenant on the property, and a list of interest holders\nof record.\n(3) In addition to o ther conditions for the approval of an environmental covenant, the\ncabinet may require those persons specified by the cabinet who have an interest in\nthe real property to sign the covenant.\n(4) The cabinet may deny an environmental covenant for reasonable grounds, including\na determination that the covenant does not protect human health or the environment.\nThe cabinet shall specify in writing, the grounds for denying the environmental\ncovenant.\n(5) Any person, including the cabinet, that signs an environmen tal covenant or\namendment thereto shall be required to fulfill the obligations and responsibilities\nprescribed to him or her in the environmental covenant or amendment. The cabinet's\nact of signing the environmental covenant shall be deemed an approval of an\nenvironmental covenant. Nothing contained in this subsection shall modify or deny\nany existing duties, rights, or protections granted under law, except as explicitly and\nlegally provided for in the environmental covenant.\n(6) If the environmental covena nt is approved and signed in accordance with this\nsubchapter, those parties meeting the requirements in subsection (7) of this section\nshall be deemed holders. The environmental covenant shall be deemed created.\n(7) A holder may be:\n(a) Any person, including a person that owns an interest in the real property; or\n(b) A governmental body empowered to hold an interest in real property under the\nlaws of this state or of the United States.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10536","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:42Z","sha256":"d4bc771b7c44ec15f68d978db3d6c753adce01347480d88dd96ed86b7129d01c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.80-100","next":"us-ky/krs-224.80-120"},"notice":"GroundRules: Original legal text. Not legal advice."}