(1) Any public entity may apply to the cabinet to obtain a No Further Remediation Letter, created by KRS § 224.1-465, for a property. The application shall contain the following information:
(a) A legal description of the property; (b) A copy of the deed for the property;
(c) An environmental site assessment of the site sufficient to characterize the extent of any contamination of the site;
(d) A proposed plan to remediate the environmental contamination upon the site;
and
(e) The proposed use of the property intended by the public entity after obtaining the No Further Remediation Letter.
(2) Upon receipt of an application from a public entity for a No Further Remediation Letter, the cabinet may approve the application, and upon the expiration of a period for public comment on the application deny the application, or enter into negotiations with the public entity to modify the proposed remediation plan to make it acceptable to the cabinet. If the public entity and the cabinet negotiate an agreement on the proposed remediation plan, the cabinet shall approve the amended application.
(3) When the cabinet approves the remediation plan the public entity shall undertake or cause to be undertaken the actions required by the plan.
(4) Upon satisfactory completion of the approved remediation plan the cabinet shall issue the No Further Remediation Letter, which is created by KRS § 224.1-465, to the public entity.
Effective: July 15, 1996
History: Created 1996 Ky. Acts ch. 194, sec. 70, effective July 15, 1996.
Formerly codified as KRS § 224.01-460.