353.561 Determination of abandoned storage tank facility -- Restorative and
186 words·~1 min read·
/ky/353-561A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
preventive actions.
(1)For the purposes of this section and KRS 353.562, 353.563, and 353.564, a storage
tank facility that is not being actively used and maintained shall be deemed
abandoned if:
(a)The cabinet sends written notice, by certified mail, return receipt requested, to
the address of the last known owner or operator of the facility or tank or to the
registered agent of a corporate owner or operator; and
(b)The owner or operator fails to respond within thirty
(30)days after receiving
the notice indicating the intent to continue to use the tank or facility.
(2)Within thirty
(30)days of the owner or operator's indication of intent to continue to
use the tank or facility, the owner or operator shall restore the status of the tank or
facility to active maintenance and shall implement a spill prevention, control, and
countermeasure plan. If after thirty
(30)days of an operator's indication of intent to
continue to use the tank or facility, the operator fails to restore the status of the
facilities to active maintenance, the cabinet shall deem the tank or facility
abandoned.