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SB 290/LM (BR 2279) - R. Leeper, D. Karem, V. Moore
AN ACT relating to environmental protection.
Create various sections of KRS Chapter 224 to establish a process to promote voluntary clean-up 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 facie 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 clean-up standards; require the cabinet by December 31, 2001 to consider the board's proposals and promulgate administrative regulations for remediation objectives and clean-up standards; require the cabinet by December 31, 2000 to implement the Act.
SB 290 - AMENDMENTS
SCS - Retain the original provisions with the following changes; add a reference to KRS 224.01-405, which relates to corrective action for releases of petroleum from other than a petroleum storage tank; exclude from the Act radioactive material facilities licensed by the Department for Public Health; disqualify from the program certain sites; require coordination between the cabinet and the Department for Public Health; delete confidentiality of information in an application if the application is withdrawn but retain exemption from Open Records Law; increase to 45 days from 30 the time period within which the cabinet must notify the applicant of acceptance of the application; increase to 45 days from 30 the time period within which the cabinet must review any revised application; include within a voluntary remediation agreement, the applicant's agreement to perform additional site characterization necessary to determine the extent of a release under KRS 224.01-400 (18); require remediation plans or completion reports to also be submitted to the Department for Public Health when the department has regulatory control over the hazardous wastes at the site; reference KRS 224.01-400 and 224.01-405 rather than a general reference to cabinet authority; reference KRS 224.01-400 and 224.01-405 rather than a general reference to cabinet authority; delete a requirement that would have directed that a work plan would become effective if the cabinet failed to act within 60 days; clarify that the applicant not the cabinet must provide public notice about the provisions of the work plan or report; require that notice of the remediation work plan be posted at the site of the work; declare that nothing in the Act stops the cabinet from taking any action against persons responsible for off-site contamination; limit the claims barred by the covenant not to sue; clarify the reasons a covenant not to sue will be void; require a covenant not to sue to be recorded within 30 days; declare that the covenant not to sue must be recorded and that notice of the recording be given to the cabinet before becoming effective; delete references to interim screening levels and permanent cleanup standards and delete a reference to the advisory board on cleanup standards; delete the creation of an advisory board on cleanup standards.
SFA (1, R. Leeper) - Retain original provisions; revise definition of "remediation" to reference KRS 224.01-400(18) and (20); revise the definition of "site" to limit application of the definition to the provisions of the Act; restate the provision concerning underground storage tanks to cite correct statutes and place the provision within Section 6; delete requirements that the cabinet notify the applicant via certified mail and substitute notice in writing; allow the cabinet to assess a new application fee for resubmitted applications; delete the declaration that applications are considered complete if the cabinet fails to inform the applicant of information lacking in the application; delete references to remediation completion reports where remediation has already been accomplished; declare in Section 5 that voluntary remediation agreements have the effect of an agreed order of the cabinet; allow the applicant to submit a site characterization report and voluntary remediation work plan upon execution of the agreement rather than after the cabinet notifies the applicant of acceptance into the program; declare that the applicant's work plan shall not address off-site contamination under limited circumstances; delete the requirement that the cabinet inspect and review the site but require a review of the work plan; allow the cabinet 120 days to approve or reject the work plan if off-site contamination is found; delete the limit of 60 days for the cabinet to request additional information and refer to the applicable evaluation period; delete a bar against enforcing past claims and extend to civil claims arising under KRS 224.01-400 and 224.01-405; clarify that the Act does not preclude actions against persons who caused a release; declare that a covenant to sue is void if science indicates residual contamination creates a serious threat to health and the environment.
HCS (1) - Create various sections 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 enter program; require a characterization plan to comply with existing statute and this Act and regulations promulgated pursuant to this Act; exclude sites listed on the National Priorities List, sites subject to the Federal Resource Conservation and Recovery Act, sites subject to state or federal environmental enforcement action relating to the release of a hazardous substance, sites that present an environmental emergency, and sites for which the release occurred subsequent to the effective date of this Act; require an application fee based on acreage of the site to be cleaned up; require fees to be used by the cabinet to administer the program; require the cabinet, if requested, to meet with the applicant to discuss the environmental assessment requirement; require the cabinet to notify an applicant within 45 days if application is accepted; allow cabinet to reject an application if the cabinet determines the property is ineligible to participate according to this Act, the application is not complete, or the cabinet withdraws from agreed order negotiations pursuant to this Act; require the cabinet to notify an applicant with the reasons for rejecting an application; allow an applicant 90 days after initial rejection to complete or revise an application without incurring an additional fee; allow the cabinet 45 days to review the resubmittal; allow the applicant and cabinet to meet if revised application is not approved; require the cabinet and applicant to enter into a voluntary remediation agreed order after an application is accepted stating the responsibilities of parties involved in the project; require an agreed order to include the applicant's agreement to characterize the release, to submit a characterization report and a corrective action plan within 120 days after the date of the agreed order unless a longer period is agreed to by the parties, and to submit a corrective action report by the date agreed upon by the parties; require the agreed order to include the estimated costs of oversight and the applicant's agreement to reimburse the cabinet for oversight costs unless waived by the cabinet; require the agreed order to include the applicant agreement to complete remediation on the agreed schedule according to the approved corrective action plan; require the agreed order to include a requirement that records be retained and provided to the cabinet on request, and other requirements agreed to by the parties as necessary to protect human health and the environment; allow the cabinet or applicant, after a reasonable time, to withdraw from negotiations for the agreed order; require the applicant to submit a site characterization report and corrective action plan to the cabinet after execution of an agreed order; require the plan to be submitted to the Department for Public Health if the department has regulatory authority over the hazardous substances involved; require the plan to include detailed documentation of the characterization conducted by the applicant to determine the nature and extent of the release, a description of corrective action proposed to complete the remediation, a schedule for implementation, a description of techniques used or proposed, a description of measures to protect human health and safety during remediation, a plan to allow public comment, identification of limits on land use for the site, and identification of any petroleum storage tanks on site; require the cabinet to review the characterization and corrective action plan and approve or deny the plan within 60 days of receipt of the plan; allow the cabinet 150 days to review the plan and approve or deny the plan if the cabinet determines the site has a hazard ranking of more than 15 or has a completed pathway of exposure; allow the cabinet to request additional or corrected information; allow the applicant 30 days to comply with the request; allow the applicant to request a final determination within 30 days of receiving the cabinet's request; require the cabinet to notify the applicant and commenters upon approval of a corrective action plan; require the cabinet to deny a plan for failure to provide information; require the cabinet to notify the applicant and commenters if plan is denied of reasons for the denial; require the cabinet to inform the applicant of the right to appeal the decision; allow 30 days after notice of denial for the applicant to inform the cabinet if a revised plan or corrective action completion report will be submitted; require the applicant, prior to submitting a corrective action plan, to notify local governments of the corrective action plan, to provide a copy of the plan to a public library in the county affected by the remediation, to submit a notice in a newspaper asking for public comment and to post a sign on the property stating where and when the plan is available for public review and comment; require a 30 day comment period following publication of the notice; allow any person to request a public hearing; require the cabinet to consider all public comments prior to taking any action; require a corrective action completion report certifying completion of remediation in compliance with the plan; require the cabinet to review the report; allow the cabinet to conduct its own investigation to verify that remediation is complete; require the cabinet to issue a covenant not to sue the applicant if the cabinet finds no further remediation is required and the applicant has paid the cabinet's expenses for oversight; stipulate that the covenant not to sue shall preclude the cabinet's prosecution of civil or administrative enforcement action against the applicant for civil liability regarding the releases identified in the corrective action plan; require the covenant to be recorded with the county clerk in the county where the property is located within 30 days of issuance by the cabinet; stipulate that the covenant is not effective until recorded and a certified copy is received by the cabinet; stipulate that the covenant shall not apply to other releases not expressly identified in the corrective action plan, the applicant's failure to comply with the provisions of this Act, the applicant's failure to comply with any required land use restrictions and engineering or institutional controls resulting from the requirements of this Act, the applicant's exacerbation of the releases identified in the corrective action plan, and criminal liability; allow the cabinet to require additional remediation by administrative order if the cabinet's approval of the corrective action plan or corrective action completion report was based on misrepresentations or intentional omissions by the applicant, or conditions existing at the site that were not known to the cabinet when the cabinet approved the plan or report, including the development of scientific knowledge showing that contamination in levels previously approved now constitute a serious danger to human health and the environment; stipulate actions that constitute final determination by the cabinet that may be appealed; establish U.S. EPA Region 9 Preliminary Remediation Goals to be used on an interim basis by the cabinet to determine if remediation is necessary; require that costs incurred by an applicant in remediating property shall be considered approved costs for the purposes of KRS 154.26-010 to 154.26-100 and KRS 154.28-010 to 154.28-100; require remediation of property owned by a governmental agency to qualify as an infrastructure project for the purposes of this chapter; require the Economic Development Finance Authority to determine the practical use of tax increment financing for redevelopment of sites containing environmental contamination; require the cabinet to publish guidance documents to implement this Act; and cite this Act as the Voluntary Environmental Remediation Act.
HCS (2) - Revise the committee substitute as follows: clarify that characterization of releases will be conducted in accordance with KRS 224.01-400(18) and 224.01-405; declare that properties excluded from the program include properties that are part of or contain RCRA permitted properties; exclude from the program property subject to enforcement action relating to any release rather than a release of hazardous substances; exclude property presenting an environmental emergency rather than property presenting an environmental emergency as a result of a release of a hazardous substance or oil; require an applicant to identify any hazardous substance and petroleum released or believed to be released; clarify that a characterization plan is of all releases or threatened releases; require the applicant to agree in the agreed order to identify any hazardous substance and any petroleum released or believed to be released and allow the applicant to withdraw from the agreed order prior to the issuance of the covenant not to sue and any other provisions determined as necessary by the cabinet rather than as agreed to by the parties to protect health, safety, and the environment; include in the corrective action plan a requirement to update the corrective action plan if new releases are discovered or caused by the characterization; delay effectiveness of the covenant not to sue until the requirements of the agreed order and the corrective action plan are in the deed; clarify that the covenant does not apply to claims based on the applicant's failure to comply as required, liability resulting from the applicant's exacerbation of the release, or petroleum storage tanks; delete allowing the cabinet to require additional remediation if the cabinet makes a demonstration; expand the circumstances to which the covenant shall not apply to include claims or liability based on misrepresentation, liability for any conditions not known to the cabinet, claims based on changes in scientific knowledge, and, only with respect to the person causing the release, mistakes by the cabinet; revise the use of the Region 9 Preliminary Remediation Goals.
HCA (1/Title, J. Gooch) - Make title amendment.
HFA (1/P, H. Anderson) - Create new sections of KRS 224.43 to require mandatory garbage collection; require counties, urban county governments, and charter county governments to provide curbside or end of driveway collection to residents and require residents to participate; require collection to be continued when collection fees are not paid; provide exemption for commercial or industrial entities with county approval; establish reporting requirements for counties and franchisees; require franchisee reports to be kept confidential; allow county to establish reduced solid waste pick-up fees for low income households; allow the county to place a lien upon all motor vehicles owned or leased by a person who fails or refuses to pay solid waste pick-up fees; allow county to submit list of names of persons who fail or refuse to pay solid waste pick-up fees to Transportation Cabinet for listing on automated vehicle information system database; prohibit any vehicle registered to a person who is listed in the database for nonpayment of fees from being renewed until fees are paid; prohibit Commonwealth from endorsing projects for counties that fail to implement and maintain universal collection; grant Natural Resources and Environmental Protection Cabinet the authority to promulgate administrative regulations and establish standards for the implementation and maintenance of universal collection; amend KRS 186.180 to conform; create new section of KRS 186A to conform; and repeal KRS 224.43-315.
HFA (2, H. Anderson) - Create the Solid Waste and Recycling Task Force; direct the task force to develop policy recommendations to address litter and illegal dumping.
HFA (3/P, H. Anderson) - Create new sections of KRS 224.43 to create state recycling cooperative program; create Kentucky Recycling Cooperative Group to administer the program; allow participating local governments to receive grant and other money from the fund; create board of directors to administer affairs of group; allow group to hire executive director; set forth duties of board; establish authority of group; set forth duties of executive director; require public audit of group's account; require tipping fee of $1.50 at every solid waste landfill in addition to regular tipping fees; require operators of solid waste landfill to pay tipping fee to Revenue Cabinet; set forth penalties for late payments; create the Recycling Cooperative Fund to be administered by the group; set forth use of fund money; allow participating local governments to keep its share of the money from the sale of recovered material; and allow a tax credit against the tipping fee for waste haulers that are obligated by an agreement that precludes recovery of the tipping fee.
HFA (4/Title, H. Anderson) - Make title amendment.
HFA (5/P, H. Anderson) - Create new sections of KRS 224.43 to require mandatory garbage collection; allow counties to be exempt that have a 75% collection rate; require the cabinet to take over mandatory collection for counties that fail to maintain a 75% collection rate for 6 consecutive months; allow a county to place solid waste pickup fees on the property tax in advance of collection; and amend KRS 224.43-420 to requires counties to update their annual reports to account for mandatory collection.
HFA (6/P, H. Anderson) - Create new sections of KRS 224.43 to create state recycling cooperative program; create Kentucky Recycling Cooperative Group to administer the program; allow participating local governments to receive grant and other money from the fund; create board of directors to administer affairs of group; allow group to hire executive director; set forth duties of board; establish authority of group; set forth duties of executive director; require public audit of group's account; require tipping fee of $1.50 at every solid waste landfill in addition to regular tipping fees; require operators of solid waste landfill to pay tipping fee to Revenue Cabinet; set forth penalties for late payments; create the Recycling Cooperative Fund to be administered by the group; set forth use of fund money; allow participating local governments to keep its share of the money from the sale of recovered material; and allow a tax credit against the tipping fee for waste haulers and county waste haulers that are obligated by an agreement that precludes recovery of the tipping fee.
HFA (7, P. Bather) - Prohibit the covenant from applying to any mistakes by the cabinet rather than only mistakes with respect to the person causing, possessing, or controlling the release.
Feb 17-introduced in Senate
Feb 22-to Agriculture and Natural Resources (S)
Mar 2-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 3-2nd reading, to Rules
Mar 6-posted for passage in the Regular Orders of the Day for Tuesday, March 7, 2000
Mar 7-passed over and retained in the Orders of the Day
Mar 8-passed over and retained in the Orders of the Day; floor amendment (1) filed to Committee Substitute
Mar 9-3rd reading, passed 37-0 with Committee Substitute, floor amendment (1)
Mar 10-received in House
Mar 13-to Natural Resources and Environment (H)
Mar 14-posting waived
Mar 22-reported favorably, to Rules with original Committee Substitute ; 1st reading; recommitted to Natural Resources and Environment (H)
Mar 23-reported favorably, to Rules with original Committee Substitute (1), Committee Substutite (2), and committee amendment (1-title); floor amendments (1) (2) and (3) filed to Committee Substitute (2) , floor amendment (4-title) filed
Mar 24-2nd reading; floor amendments (5) and (6) filed to Committee Substitute (2)
Mar 27-floor amendment (7) filed to Committee Substitute (2)
Mar 28-placed in the Orders of the Day
Mar 29-placed in the Orders of the Day
Apr 11-recommitted to Appropriations and Revenue (H)
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