{"data":{"id":"us-ky/krs-353.563","jurisdiction":"us-ky","citation":"KRS 353.563","heading":"Cabinet's authority to enter property for removal or reclamation of","body":"abandoned storage tank facility or improperly abandoned well.\n(1) The cabinet and its authorized representatives, agents, and contractors shall have the\nright and authority t o enter upon property threatened by an abandoned storage tank\nfacility or improperly abandoned well and to access any other property for the\npurpose of plugging and reclaiming an improperly abandoned well or the removal\nand reclamation of the abandoned sto rage tank facility if the cabinet makes a\ndetermination that:\n(a) An abandoned storage tank facility or improperly abandoned well poses an\nimminent threat to human health, safety, or the environment under KRS\n353.562(5)(b)3.;\n(b) Action should be taken in the public interest to dispose of the abandoned\nstorage tank facilities or to properly plug and abandon the well and to reclaim\nthe lands threatened by the abandoned storage tank facilities or the well; and\n(c) 1. The owner or owners of the property are no t known or are not readily\navailable; or\n2. The owner or owners will not give permission for the Commonwealth,\npolitical subdivisions, or their agents, employees, or contractors to enter\nupon the property.\n(2) Prior to entry on the land for the purpose of conducting plugging or remediation\noperations, the cabinet shall give notice by mail to the all owners of the surface\nproperty, if known. If the owners are unknown, then the cabinet shall post notice\nupon the premises and shall advertise once in a newspape r of general circulation in\nthe municipality or county in which the land where the well or abandoned storage\ntank facilities are located. The advertisement shall occur at least seven (7) days prior\nto entry unless exigent circumstances exist necessitating the cabinet or its agents,\nemployees, or contractors to enter upon the property as soon as possible in order to\nmitigate or prevent an imminent threat to human health, safety or the environment.\n(3) Additionally, the cabinet and its authorized representati ves, agents, and contractors\nshall have the right to enter upon any property for the purpose of conducting field\ninspections or investigations to determine the:\n(a) Existence and status of eligible wells and abandoned storage tank facilities;\nand\n(b) Feasibility of plugging, remediation, removal, and reclamation of the eligible\nwell or abandoned storage tank facility.\n(4) Entry upon the land under this section shall be construed as an exercise of the\nCommonwealth's police power for the protection of the pub lic health, safety, and\ngeneral welfare. Entry shall not be construed as an act of condemnation of property\nor of trespass thereon.\n(5) The cabinet may initiate, in addition to any other remedies provided in KRS\nChapter 353, in any court of competent juris diction, an action in equity for an\ninjunction to restrain any interference with the exercise of the right to enter or to\nconduct any work authorized under this section and KRS 353.561, 353.562, and\n353.564.\n(6) Any person who intends to remove an abandoned storage tank facility shall:\n(a) Notify the cabinet before undertaking the removal;\n(b) Do so at his or her own risk and expense; and\n(c) Bear sole responsibility for complying with all applicable local, state,  and\nfederal laws and regulations during the removal, disposal, and reclamation of\nthe site.\n(7) Nothing in this section shall be construed as an additional grant of authority for any\nperson or entity other than the cabinet or the cabinet's agents to take action under\nthis section and KRS 353.561, 353.562, and 353.564.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48615","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:39Z","sha256":"bf9ac494983ed765d7232f389ad0ed11d960a394550358abfb96c745bedb0438","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.562","next":"us-ky/krs-353.564"},"notice":"GroundRules: Original legal text. Not legal advice."}