{"data":{"id":"us-ky/krs-411.490","jurisdiction":"us-ky","citation":"KRS 411.490","heading":"Definitions for KRS 411.490 and 411.493.","body":"As used in this section and KRS 411.493, unless the context otherwise requires:\n(1) \"Damages\" means damages of any kind for which liability may exist under the laws\nof the Commonwealth resulting from, arising out of, or related to the discharge or\nthreatened discharge of oil.\n(2) \"Discharge\" means any emission, other than natural seepage, whether the emission\nis intentional or unintentional, which includes, but is not limited to, spilling,\nleaking, pumping, pouring, emitting, emptying, or dumping.\n(3) \"Federal on -scene coordinator\" means the federal official designated by the lead\nfederal agency or predesignated by the United States Environmental Protection\nAgency or the United States Coast Guard to coordinate and direct responses under\nthe National Contingency Plan.\n(4) \"National contingency plan\" means the national contingency plan prepared and\npublished under section 311(d) of the Federal Water Pollution Control Act (33\nU.S.C. sec. 1321(d)), as amended by the Oil Pollution Act of 1990, Pub. L. No.\n101-380, 104 Stat. 484 (1990) or revised under Section 105 of the Comprehensive\nEnvironmental Response, Compensation, and Liability Act (42 U.S.C. sec. 9605).\n(5) \"Oil\" means oil of any kind or in any form, including, but not limited to, petroleum,\nfuel oil, sludg e, oil refuse, and oil mixed with wastes other than dredged spoil but\ndoes not include petroleum, including crude oil or any fraction thereof, which is\nspecifically listed or designated as a hazardous substance under subparagraph (A)\nthrough (F) of Section  101(14) of the Comprehensive Environmental Response,\nCompensation, and Liability Act (42 U.S.C. sec. 9601).\n(6) \"Removal\" means containment and removal of oil or a hazardous substance from\nwater and shorelines or the taking of other actions as may be nece ssary to minimize\nor mitigate damage to the public health or welfare, including, but not limited to,\nactions to minimize or mitigate damage to fish, shellfish, wildlife, and public or\nprivate property, shorelines, and beaches.\n(7) \"Removal costs\" means the  costs of removal that are incurred after a discharge of\noil has occurred, or, when there is a substantial threat of a discharge of oil, the costs\nto prevent, minimize, or mitigate the threat.\n(8) \"Responsible party\" means a responsible party as defined under Section 1001 of the\nOil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17822","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"be18fdb809046e5b6ecc3efe315b9c0131dc292c58cee20b334e48b1a2f43d33","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.470","next":"us-ky/krs-411.493"},"notice":"GroundRules: Original legal text. Not legal advice."}