HB 755/LM (BR 1937) - P. Bather, G. Stumbo, L. Clark
AN ACT relating to environmental protection.
Create various sections of subchapter 1 of KRS Chapter 224 to establish a process to promote voluntary cleanup and redevelopment of properties suspected of environmental contamination as a result of the release of hazardous substances or petroleum; establish criteria to apply to enter the voluntary environmental remediation program; require an application fee based on the acreage of the site to be cleaned up; exempt from the open records law information revealed to the cabinet during the application process until a voluntary remediation agreement is executed; allow continuance of the exemption if an agreement is not reached; set guidelines for the cabinet to act on an application to enter the program; allow the cabinet to reject an application if the hazardous substance or petroleum constitutes a substantial threat to health or the environment, the application is incomplete, or an enforcement action is pending concerning the site; require the applicant and the cabinet to negotiate a voluntary remediation agreement to establish the basis for the cabinet to evaluate a voluntary remediation work plan or a remediation completion report, if remediation has already been accomplished; allow, upon acceptance of an application to participate in the program, the applicant to submit a voluntary remediation work plan or remediation completion report, which shall include information such as the nature and extent of a release, work proposed to accomplish remediation, and identification of limitations on land activity or use proposed for the project; require the cabinet to accept or reject the work plan or completion report within 60 days unless additional information is requested; declare that failure of the cabinet to take action within 60 days will constitute acceptance; require the cabinet to notify local governments and the public of the project prior to accepting the work plan or completion report; require the cabinet to issue to the applicant a covenant not to sue upon acceptance of the work plan; declare that the covenant not to sue shall be prima facia evidence that the site is no threat to the public health or the environment and requires no additional remediation and that certain claims arising from the hazardous substance or petroleum at the site are barred; void the covenant for failure to manage the site in compliance with the terms of the covenant or approved work plan; declare that a covenant not to sue shall be issued if the hazardous substance or petroleum are adequately characterized in an application for entry into the program and the quantity involved is below levels requiring action or the provisions of KRS 224.01-400(19) are met; declare actions of the cabinet that shall be deemed final determinations that may be appealed; establish that U.S. EPA Region 9 Preliminary Remediation Goals shall be used on an interim basis by the cabinet to determine if remediation is necessary; establish a remediation objectives science advisory board to propose to the cabinet risk-based remediation objectives, including numerical cleanup standards; require the cabinet by December 31, 2001, to consider the board's proposals and promulgate administrative regulations for remediation objectives and cleanup standards; require the cabinet by December 31, 2000, to implement the provisions of the Act.
Feb 18-introduced in House
Feb 22-to Natural Resources and Environment (H)