Kentucky Statutes 224.80-110 – Environmental covenants and corrective action plans — Powers of cabinet to review, approve, or deny — Existing rights, duties, and protections not affected by environmental covenants — Definition of “holder” — Whe…
Current as of: 2024 | Check for updates
|
Other versions
(1) Any person that owns an interest in a real property subject to an environmental response project as defined in KRS § 224.80-100(6) as of July 1, 2005, may utilize an environmental covenant as part of a corrective action plan submitted to the cabinet for review and approval.
(2) The cabinet shall review and shall approve or deny the environmental covenant, or request additional information as part of its review of a corrective action plan submitted pursuant to KRS § 224.1-400, 224.1-405, 224.46-530 and 224.1-450 to
224.1-465. The cabinet shall review the environmental covenant and determine whether:
(a) The real property is eligible for an environmental covenant under KRS
224.80-100 to 224.80-210;
(b) The environmental covenant is complete;
(c) The environmental covenant is protective of human health, safety, and the environment under KRS § 224.1-400, 224.1-405, 224.1-510 to 224.1-532,
224.46-530, and 224.1-450 to 224.1-465; and
(d) The person proposing the environmental covenant has published, through public notice, a notification identifying by legal description and address the property that is being considered for an environmental covenant, the intent to place an environmental covenant on the property, and a list of interest holders of record.
(3) In addition to other conditions for the approval of an environmental covenant, the cabinet may require those persons specified by the cabinet who have an interest in the real property to sign the covenant.
(4) The cabinet may deny an environmental covenant for reasonable grounds, including a determination that the covenant does not protect human health or the environment. The cabinet shall specify in writing, the grounds for denying the environmental covenant.
(5) Any person, including the cabinet, that signs an environmental covenant or amendment thereto shall be required to fulfill the obligations and responsibilities prescribed to him or her in the environmental covenant or amendment. The cabinet’s act of signing the environmental covenant shall be deemed an approval of an environmental covenant. Nothing contained in this subsection shall modify or deny any existing duties, rights, or protections granted under law, except as explicitly and legally provided for in the environmental covenant.
(6) If the environmental covenant is approved and signed in accordance with this subchapter, those parties meeting the requirements in subsection (7) of this section shall be deemed holders. The environmental covenant shall be deemed created.
(7) A holder may be:
(a) Any person, including a person that owns an interest in the real property; or
(b) A governmental body empowered to hold an interest in real property under the laws of this state or of the United States.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 2, effective June 20, 2005.
(2) The cabinet shall review and shall approve or deny the environmental covenant, or request additional information as part of its review of a corrective action plan submitted pursuant to KRS § 224.1-400, 224.1-405, 224.46-530 and 224.1-450 to
Terms Used In Kentucky Statutes 224.80-110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.80-100
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Kentucky Statutes 224.80-100
- Environmental response project: means a plan or work performed for the environmental remediation of real property conducted:
(a) Under a federal or state program governing environmental remediation of real property including programs established pursuant to KRS §. See Kentucky Statutes 224.80-100 - Holder: means the grantee of an environmental covenant. See Kentucky Statutes 224.80-100
- Interest: means all or part of a legal equitable claim to a right in real property which shall include both possessory and nonpossessory interests. See Kentucky Statutes 224.80-100
- Public notice: means the publication of required information in a daily or weekly newspaper of major circulation located in the county or counties where the property subject to the proposed environmental covenant is located. See Kentucky Statutes 224.80-100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
224.1-465. The cabinet shall review the environmental covenant and determine whether:
(a) The real property is eligible for an environmental covenant under KRS
224.80-100 to 224.80-210;
(b) The environmental covenant is complete;
(c) The environmental covenant is protective of human health, safety, and the environment under KRS § 224.1-400, 224.1-405, 224.1-510 to 224.1-532,
224.46-530, and 224.1-450 to 224.1-465; and
(d) The person proposing the environmental covenant has published, through public notice, a notification identifying by legal description and address the property that is being considered for an environmental covenant, the intent to place an environmental covenant on the property, and a list of interest holders of record.
(3) In addition to other conditions for the approval of an environmental covenant, the cabinet may require those persons specified by the cabinet who have an interest in the real property to sign the covenant.
(4) The cabinet may deny an environmental covenant for reasonable grounds, including a determination that the covenant does not protect human health or the environment. The cabinet shall specify in writing, the grounds for denying the environmental covenant.
(5) Any person, including the cabinet, that signs an environmental covenant or amendment thereto shall be required to fulfill the obligations and responsibilities prescribed to him or her in the environmental covenant or amendment. The cabinet’s act of signing the environmental covenant shall be deemed an approval of an environmental covenant. Nothing contained in this subsection shall modify or deny any existing duties, rights, or protections granted under law, except as explicitly and legally provided for in the environmental covenant.
(6) If the environmental covenant is approved and signed in accordance with this subchapter, those parties meeting the requirements in subsection (7) of this section shall be deemed holders. The environmental covenant shall be deemed created.
(7) A holder may be:
(a) Any person, including a person that owns an interest in the real property; or
(b) A governmental body empowered to hold an interest in real property under the laws of this state or of the United States.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 2, effective June 20, 2005.