SENATE
KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM
2000 REGULAR SESSION
Amend printed copy of COMMITTEE SUBSTITUTE FOR SB 290
Amendment No. / Sen. / Senator Bob LeeperCommittee Amendment / Signed:
Floor Amendment / LRC Drafter: / D. Risch
Adopted: / Date:
Rejected: / Doc. ID: / 002092
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SENATE / Sen. Senator Bob Leeper2000 REGULAR SESSION / Doc ID: 002092
Amend printed copy of COMMITTEE SUBSTITUTE FOR SB 290
On page 1, line 23, after "means" by inserting "the characterization of the extent of a release of hazardous substances or petroleum as necessary to determine the effects of the release, and actions necessary to correct the effects of the release, as required under KRS 224.01-400(18) and (20)" and by deleting the text thereafter; and
on lines 24 and 25, by deleting all the text thereon; and
On page 2, line 1, by deleting "substances or petroleum"; and
on line 2, after "Site" by inserting ", for the purposes of Sections 1 to 13 of this Act,"; and
on lines 15, 16, and 17, by deleting all the text thereon; and
on line 18, by deleting "(4)" and inserting "(3)" in lieu thereof; and
On page 3, line 4, by renumbering "(5)" as "(4)"; and
on line 7, by renumbering "(6)" as "(5)"; and
on line 10, by renumbering "(7)" as "(6)"; and
on lines 14 through 17, by deleting all the text thereon; and
On page 4, line 3, after "applicant" by inserting "in writing" and deleting "by"; and
on line 4, before ", stating" by deleting "certified mail, return receipt requested"; and
on line 13, after "complete." by inserting "The cabinet may assess a new application fee for the resubmittal."; and
on lines 17 through 19, by deleting all the text thereon; and
on line 22, after "plan" by deleting "or a completion report"; and
On page 5, line 2, after "plan" by deleting ", or in those"; and
on line 3, by deleting all the text thereon; and
on line 4, before ". The" by deleting "completion report" and after "plan" by deleting "or report"; and
on line 10, after "plan" by deleting "or the completion report"; and
on line 22, after "(3)" by inserting "A voluntary remediation agreement entered into under this section shall have the force and effect of an agreed order signed by the secretary.
(4)"
On page 6, line 1 after "(1)" by inserting "Upon execution of a voluntary remediation agreement, the applicant may submit to the cabinet a site characterization report and a voluntary remediation work plan" and by deleting all the text thereafter; and
on lines 2 through 4 by deleting all the text thereon but retaining the period on line 4; and
on line 5, after "(2)" by inserting "If the applicant is a bona fide purchaser who acquired the site after the effective date of Sections 1 to 13 of this Act, and the applicant did not cause the release that is a subject of the work plan, and the person who did cause the release either cannot be found or is not financially responsible, then the applicant's work plan shall not be required to address contamination that may have migrated off the site.
(3)" and after "plan" by deleting "or remediation completion report"; and
on line 9, by renumbering "(3)" as "(4)" and after "plan" by deleting "or remediation completion report"; and
between lines 26 and 27 by inserting a new subsection "(5) The voluntary remediation work plan shall identify any petroleum storage tanks on the site and indicate how the applicant intends to comply with the requirements of Subchapter 60 of KRS Chapter 224 and 401 KAR Chapter 42."; and
On page 7, line 2, after "plan" by deleting "or a"; and
on line 3, by deleting "remediation completion report"; and
on line 4, after "(a)" by inserting "Review the work plan" and by deleting "Inspect, review,"; and
on line 8, after "plan" by deleting "or the remediation"; and
on line 9, by deleting all the text thereon before the period; and
on line 10, after "(2)" by inserting "However, if the site investigation reveals the presence of off-site contamination that appears to originate on the site, the cabinet shall have one hundred twenty (120) days to approve or reject the work plan.
(3)"; and
on line 20, by renumbering "(3)" as "(4)"; and
on line 22, by renumbering "(4)" as "(5)"; and
on line 11, after "the" by inserting "applicable" and deleting "sixty (60) day"; and
on line 15, after the second "the" by inserting "applicable" and deleting "sixty (60) day"; and
on line 19, before "evaluation" by inserting "applicable" and deleting "sixty (60) day"; and
on line 20, after "plan" by deleting "or a remediation"; and
on line 21, before ", the" by deleting "completion report"; and
on line 22, after "plan" by deleting "or remediation"; and
on line 23, before ", it" by deleting "completion report" and after "applicant" by inserting "in writing" and deleting "by certified mail, return receipt"; and
on line 24, before ", specifying" by deleting "requested"; and
On page 8, line 2, by renumbering "(5)" as "(6)"; and
on line 7, after "plan" by deleting "or a"; and
on line 8, before ", the" by deleting "remediation completion report"; and
on line 11, after "plan" by deleting "or completion report"; and
on line 16, after "plan" by deleting "or the remediation completion report"; and
on line 18, before "which" by deleting "or completion report"; and
on line 21, after "plan" by deleting "or completion report"; and
on line 25, by deleting the text but retaining the period; and
On page 9, line 14, after "plan" by deleting "or remediation completion report"; and
on line 16, after "of" by inserting "civil claims arising under KRS 224.01-400 and 224.01-405 and injunctive relief" and deleting "any past claims"; and
on line 18, after "shall" by inserting "otherwise"; and
on line 19, after "releases" by deleting "resulting in off-site contamination"; and
On page 10, line 4, after "covenant;" by deleting "or"; and
on line 6, after "plan" by inserting "; or" and a new paragraph "(c) The development of scientific knowledge indicates that a residual contamination in levels previously considered safe now constitutes a serious threat to public health and the environment"; and
on lines 20 through 23, by deleting all the text thereon; and
On page 11, line 5, after "plan" by deleting "or a remediation"; and
on line 6, by deleting "completion report".
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