Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 102 - Brownfield's Redevelopment
Section 401 KAR 102:005 - Definitions for 401 KAR Chapter 102
Universal Citation: 401 KY Admin Regs Service 102:005
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.1-415, 224.1-400, 224.1-405
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.1-415 authorizes the Brownfield Redevelopment Program and authorizes the cabinet to administer the program. This administrative regulation defines terms used in 401 KAR Chapter 102 Brownfield Redevelopment Program.
Section 1. Definitions.
(1) "Applicant"
means the person who owns or intends to acquire property and makes
certification to the cabinet in accordance with
KRS
224.1-415(2) and 401 KAR
Chapter 102.
(2) "Cabinet" is
defined by
KRS
224.1-010(9).
(3) "Hazardous substance" is defined by
KRS
224.1-400(1)(a).
(4) "Person" is defined by
KRS
224.1-010(17).
(5) "Petroleum" is defined by
KRS
224.60-115(15).
(6) "Petroleum storage tank" is defined by
KRS
224.60-115(16).
(7) "Pollutant or contaminant" is defined by
KRS
224.1-400(1)(f).
(8) "Property" means real property, the
expansion, redevelopment, or reuse of which is complicated due to:
(a) A release of petroleum governed by
KRS
224.1-405 or a release of a hazardous
substance, or pollutant or contaminant governed by
KRS
224.1-400 that occurred prior to acquisition
of the property by the applicant; or
(b) A potential presence or perceived
presence of a release of a hazardous substance, or pollutant or contaminant or
petroleum based on an all appropriate inquiry.
(9) "Property management plan" means the plan
submitted to the cabinet in accordance with
401
KAR 102:020.
(10) "Release" means:
(a) For a hazardous substance, or pollutant
or contaminant, the definition established by
KRS
224.1-400(1)(b);
or
(b) For petroleum or petroleum
product, any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing from a source
other than a petroleum storage tank into the environment including the
abandonment or discarding of barrels, containers, and other closed receptacles,
but excludes emissions from the engine exhaust of a motor vehicle, rolling
stock, aircraft, vessel, or pipeline pumping station engine, and the normal
application of fertilizer.
STATUTORY AUTHORITY: KRS 224.1-415
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