353.564 When owner or prior owner deemed to have waived certain rights --
525 words·~2 min read·
/ky/353-564A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Cabinet's authority to recover actual and necessary expenses incurred in
implementing KRS 353.561 to 353.564 -- Cabinet's powers when seeking cost-
efficiency or public benefit -- Administrative regulations.
(a)Any prior owner or the surface owner shall be deemed to have waived any
right to any equipment or product remaining at the site of an orphan well or
abandoned storage tank facility at the time of plugging, removal, or
reclamation by the cabinet or its contractors pursuant to this section or KRS
353.561, 353.562, or 353.563 because of the abandonment or neglect of the
facility being plugged, removed, or reclaimed with public moneys from the
Kentucky abandoned storage tank and orphan well reclamation fund
established in KRS 353.562.
(b)Pursuant to paragraph
(a)of this subsection, the cabinet or its agents may
include as part of the plugging, removal, reclamation or remediation contract
all equipment or products removed from that orphan well or abandoned
storage tank facility for sale, recycling, or disposal.
(2)The cabinet shall have the authority to recover actual and necessary expenditures,
including administrative costs, reasonably incurred in carrying out the duties of this
section and KRS 353.561, 353.562, and 353.563 from:
(a)The last owner or operator of record of the abandoned storage tank facility
where fund moneys were expended; and
(b)Any other party legally responsible for causing or contributing to a threat to
human health, safety, and the environment that the Commonwealth incurred
as costs or expenses under this section and KRS 353.561, 353.562, and
353.563.
(3)The cabinet may initiate an action for reimbursement of costs in any court of
competent jurisdiction. The recovery of any costs under this section and KRS
353.563 shall be credited to the Kentucky abandoned storage tank and orphan well
reclamation fund except for recovered administrative costs which shall be retained
by the cabinet.
(4)The cabinet may not seek reimbursement from the landowner for costs incurred
under this section and KRS 353.563 unless the landowner qualifies as the last
known owner or operator under subsection (2)(a) of this section or caused or
contributed to a threat under subsection (2)(b) of this section.
(a)Expenditures of moneys from the fund for the purposes established in KRS
353.562(5) and
(6)shall be prioritized in the following order:
1. Eligible wells and abandoned storage tank facilities that are an imminent
threat to human health, safety, or the environment;
2. Abandoned storage tank facilities and orphan wells that could pose a
threat to human health, safety, or the environment as evidenced by the
proximity to structures, streams, rivers, water bodies, or other sensitive
areas; and
3. Abandoned storage tank facilities and orphan wells that could pose a
potential threat to human health, safety, or the environment.
(b)The cabinet may address any abandoned storage tank facility or eligible well,
regardless of priority, if doing so would be cost-efficient or otherwise create a
demonstrable benefit for the public at large.
(c)The cabinet may promulgate administrative regulations pursuant to KRS
Chapter 13A in order to provide further detail related to the ranking of wells
and abandoned storage tank facilities for plugging, removal, remediation, and
reclamation.