Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 102 - Brownfield's Redevelopment › Section 401 KAR 102:020 - General requirements for a Property Management Plan for Brownfield Redevelopment Program

Current through Register Vol. 51, No. 1, July 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.