Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.1-400,
224.1-405,
224.1-415,
224.80, 40 C.F.R. Part 312
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.1-415 authorizes the Brownfield
Redevelopment Program and authorizes the cabinet to administer the program.
This administrative regulation establishes the general requirements for the
property management plan required so that the cabinet may concur in writing
that the future use of the property is in accordance with
KRS
224.1-415(2)(b) as part of
the Brownfield Redevelopment Program.
Section
1. Property Management Plan. A property management plan shall
include:
(1) A description of the historical
and current use of the property;
(2) A description of the intended future use
of the property;
(3) All available
information related to:
(a) Known releases of
petroleum governed by
KRS
224.1-405;
(b) Known releases of a hazardous substance,
or pollutant or contaminant governed by
KRS
224.1-400; and
(c) The potential presence or perceived
presence of a release of a hazardous substance, or pollutant or contaminant or
petroleum that occurred prior to acquisition of the property;
(4) A map that identifies the
location of all known hazardous substances, or pollutants or contaminants, or
petroleum on the property;
(5) A
map that identifies known locations on the property where usage, processes, or
activities, that occurred prior to acquisition, indicate the potential presence
or perceived presence of a release of a hazardous substance, or pollutant or
contaminant or petroleum;
(6) A
description of all known engineering controls, institutional controls, site
characterization activities or remedial actions, if any, currently in place or
proposed, by the applicant or a responsible party, to enable the cabinet to
make a determination in accordance with
KRS
224.1-415(2)(b).
(a) A schedule to submit to the cabinet,
information and documents related to the implementation of engineering
controls, institutional controls, site characterization activities or remedial
actions, implemented by the applicant subsequent to the cabinet's issuance of a
Notification of Concurrence; and
(b) A schedule to periodically inspect and
verify to the cabinet that engineering controls and institutional controls,
remain in place and are effective;
(7) A description of the methods employed and
data collected to ensure that the property use shall not:
(a) Interfere with the remediation of the
release as required by the cabinet;
(b) Increase the impacts of the release on
human health and the environment; or
(c) Expose the public and environment to
unacceptable harm; and
(8) A certification statement from a
professional engineer or professional geologist, licensed in accordance with
KRS Chapter 322 or KRS Chapter 322A, that the property management plan meets
the requirements of subsection (7) of this section.
Section 2. Amendments to the Property
Management Plan.
(1) The applicant shall
submit an amended property management plan if the methods employed in the
currently approved property management plan are inadequate to ensure that the
use of the property shall not:
(a) Interfere
with the remediation of the release as required by the cabinet;
(b) Increase the impacts of the release on
human health and the environment; or
(c) Expose the public and environment to
unacceptable harm.
(2)
The amended property management plan shall include:
(a) A description of any change to the
intended future use of the property;
(b) All available information related to
releases not previously identified in the currently approved property
management plan and all approved amended property management plans;
(c) A revised schedule to periodically
inspect and verify to the cabinet that engineering controls and institutional
controls, remain in place and are effective;
(d) A description of the methods employed and
data collected to ensure that the property use shall not:
1. Interfere with the remediation of the
release as required by the cabinet;
2. Increase the impacts of the release on
human health and the environment; or
3. Expose the public and environment to
unacceptable harm; and
(e) A certification statement from a
professional engineer or professional geologist, licensed in accordance with
KRS Chapter 322 or KRS Chapter 322A, that the property management plan meets
the requirements of Section 1(7) of this administrative regulation.
(3) Within sixty (60) days of
receipt of an amended property management plan, the cabinet shall:
(a) Issue a letter of approval if the cabinet
determines the amended property management plan meets the requirements of
Section 1(7) of this administrative regulation; or
(b) Notify the applicant of required changes
for approval.
(4) The
applicant shall implement the amended property management plan upon approval of
the cabinet. Implementation of the amended property management plan shall not
occur until cabinet approval is obtained.