Kentucky Statutes 224.1-522 – Cabinet’s review and action on corrective action plan — Right of appeal of denial
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(1) Within one hundred twenty (120) working days of receipt of a corrective action plan and the completion of the public comment period required by KRS § 224.1-524, the cabinet shall:
(a) Review and evaluate the characterization and the corrective action plan for compliance with KRS § 224.1-400, 224.1-405, and 224.1-510 to 224.1-532 and any administrative regulations promulgated under those statutes, and if necessary, inspect the property and any relevant conditions in the area surrounding the property; and
(b) Approve or deny the corrective action plan.
(2) If the cabinet approves a corrective action plan, the cabinet shall, in writing, notify the applicant and commenters.
(3) The cabinet shall deny a corrective action plan for failure to comply with KRS
224.1-400, 224.1-405, or 224.1-510 to 224.1-532 or any administrative regulations promulgated under those statutes. If the cabinet denies a corrective action plan, it shall notify, in writing, the applicant and commenters, specifying the reasons for the denial. The cabinet shall also inform the applicant of the right to appeal the decision in accordance with KRS § 224.10-420(2). Within thirty (30) days of receipt of the notice of denial, the applicant shall inform the cabinet if a revised corrective action plan or corrective action completion report will be submitted.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 98, sec. 5, effective July 14, 2018. — Created
2001 Ky. Acts ch. 128, sec. 7, effective June 21, 2001.
Formerly codified as KRS § 224.01-522.
(a) Review and evaluate the characterization and the corrective action plan for compliance with KRS § 224.1-400, 224.1-405, and 224.1-510 to 224.1-532 and any administrative regulations promulgated under those statutes, and if necessary, inspect the property and any relevant conditions in the area surrounding the property; and
Terms Used In Kentucky Statutes 224.1-522
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- area: means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter. See Kentucky Statutes 224.1-010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
(b) Approve or deny the corrective action plan.
(2) If the cabinet approves a corrective action plan, the cabinet shall, in writing, notify the applicant and commenters.
(3) The cabinet shall deny a corrective action plan for failure to comply with KRS
224.1-400, 224.1-405, or 224.1-510 to 224.1-532 or any administrative regulations promulgated under those statutes. If the cabinet denies a corrective action plan, it shall notify, in writing, the applicant and commenters, specifying the reasons for the denial. The cabinet shall also inform the applicant of the right to appeal the decision in accordance with KRS § 224.10-420(2). Within thirty (30) days of receipt of the notice of denial, the applicant shall inform the cabinet if a revised corrective action plan or corrective action completion report will be submitted.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 98, sec. 5, effective July 14, 2018. — Created
2001 Ky. Acts ch. 128, sec. 7, effective June 21, 2001.
Formerly codified as KRS § 224.01-522.