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Ky.gov An Official Website of the Commonwealth of Kentucky

Division of Waste Management
Brownfields

Kentucky's Brownfield Property Redevelopment & Reuse Program


During the 2012 Kentucky legislative session a law was passed to enhance programs aimed at the redevelopment of brownfields in the Commonwealth. To further support and encourage economic redevelopment of properties with real or perceived adverse environmental conditions, the Commonwealth of Kentucky implemented into law and regulation the Kentucky Brownfield Redevelopment & Reuse Program.

 
The program provides property owners and prospective property owners (who can certify that they did not cause a release or have relationships with those who did, and who develop a plan to reuse the property safely) documentation that they will not be held responsible for conducting site investigation and remediation under Kentucky Superfund laws, specifically KRS 224.1-400 and KRS 224.1-405.


This program removes some of the uncertainty related to the purchase and/or redevelopment of brownfield properties for developers and lenders by:

  • Defining a brownfield property as one with actual or perceived environmental conditions that complicate redevelopment.
  • Giving, by law, the qualifying person or entity a written determination that they will not be required to perform investigation and/or cleanup under the state Superfund statutes.
  • Giving, by law, the qualifying person or entity a written concurrence with their proposed plan for appropriate ongoing care.  This written concurrence eliminates uncertainty in Kentucky’s program regarding if an approach to use and management of a contaminated property will somehow result in the redeveloper not achieving a sufficient standard of care.
  • Allowing the property management approach to be developed by the applicant and changed if needed, ensuring that the planned future use suits the intended purpose and remains protective even if the purpose changes.

For further information visit the following links:

Brownfield Redevelopment Program StepsFollow the Brownfield Redevelopment Program steps on the chart to find out how the program best suits your project. Click to enlarge the brownfield redevelopment flow chart here.

 
For assistance contact:
 
Larry D. Hughes, P.G.
Registered Geologist Branch Manager
Superfund Branch
300 Sower Blvd.
Frankfort, KY  40601                                                    
Phone: 502-782-6661
        
For more information on grant writing assistance, free assessments and potential funding opportunities, visit the Division of Compliance Assistance's brownfield web page.

 

Voluntary Environmental Cleanup Program

In 2001, the Kentucky General Assembly enacted the Voluntary Environmental Remediation Act (VERA) to encourage parties to voluntarily clean up contaminated properties, also known as brownfields. VERA increased liability protection for participants. Consequently, the Voluntary Environmental Remediation Program (VERP) was created that allows interested parties to initiate cleanups on a property they wish to purchase and redevelop. As a result, delays and costs to clean up contaminated sites can be reduced, which can speed up redevelopment of the site.

 
Kentucky's Voluntary Cleanup Program supports the redevelopment of brownfields. The Voluntary Cleanup Program offers four tracks for those who volunteer to clean up releases of hazardous substances on their property.  These tracks vary in eligibility, complexity and liability protection.  An overview of these tracks, with links to additional information, is located in the table below.
 

Type of Tracks
Relevant Statute(s)
Who is Eligible? (Refer to statutes for requirements)
Complexity
of
Cleanup
Liability Protection Offered Once Cleanup is Complete
"Self-Certified" Cleanup
KRS 224.1-400 specifically (19)
Minor Releases (refer to statute) or Release Authorized by Permit
Least
Complex
No Liability Protection Offered
"Notice of Completion" or (KRS 224.01-400) Cleanup
Any Party (Private or Public)
More
Complex
Issuance of Notice of Completion Letter
"No Further Remediation" Cleanup
Public Entities Only (City, County, State, or Federal)
More
Complex
Issuance of a No Further Remediation Letter
Voluntary Environmental Remediation Program (VERP) Cleanup
Any Party, Unless Property is one or more of the following:
Most
Complex
Issuance of a Covenant Not to Sue

 
Cleanup Standards for Voluntary Cleanup
 
Cleanup standards, including guidance documents for the Voluntary Cleanup Program are addressed in the Kentucky Administrative Regulations (401 KAR 100:030).  Additional guidance documents include: