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Title 401 | Chapter 102 | Regulation 005

401 KAR 102:005.Definitions for 401 KAR Chapter 102.

Section 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.


"Cabinet" is defined by KRS 224.1-010(9).


"Hazardous substance" is defined by KRS 224.1-400(1)(a).


"Person" is defined by KRS 224.1-010(17).


"Petroleum" is defined by KRS 224.60-115(15).


"Petroleum storage tank" is defined by KRS 224.60-115(16).


"Pollutant or contaminant" is defined by KRS 224.1-400(1)(f).


"Property" means real property, the expansion, redevelopment, or reuse of which is complicated due to:


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


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.


"Property management plan" means the plan submitted to the cabinet in accordance with 401 KAR 102:020.


"Release" means:


For a hazardous substance, or pollutant or contaminant, the definition established by KRS 224.1-400(1)(b); or


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.

HISTORY: (40 Ky.R. 903; 1397; eff. 2-3-2014; Crt eff. 8-13-2018.)

7-Year Expiration: 8/13/2025

Last Action: 12/15/2021

Page Generated: 2/15/2022, 12:12:13 PM