(A) The purpose of this chapter is the protection of the general public’s safety, health, general welfare and protection of property and the environment in the county that could otherwise be endangered by the uncontrolled and unauthorized or threatened release of a hazardous substance, pollutant, contaminant or reportable quantity of a petroleum product. This chapter requires the forthwith reporting of an occurrence and the emergency response thereafter. This chapter specifics the responsibility and authority of the administering agency and the responsibility and consequent liability of any user or party responsible for an environmental emergency. This chapter attaches penalties and the means of recovering costs from a user or any party who is in violation of the provisions of this chapter.
(B) This chapter is consistent with KRS 224.1-400. The Fiscal Court of the county shall cause this chapter to be incorporated with Section “Q” of the County’s Emergency Operations Plan (EOP) for information purposes only.
(C) This chapter is applicable to any user or other person or entity who shall cause, or allow the unauthorized or threatened release of a hazardous substance, pollutant, contaminant or reportable quantity of petroleum products in the county. The occurrence shall be declared an environmental emergency and all provisions of this chapter shall be effective and enforceable.
(D) This chapter is not directed to those users who cause an authorized release in accordance with a valid permit granted by the state or federal agency with jurisdiction over such occurrence where the time, location, quantity and manner of release is to occur or a release is in substantially lesser quantities than those reportable quantities established by state or federal law, regulation or administrative policy. However, this chapter shall permit the administering agency to verify such a release is valid and that it does not warrant enacting the provisions of this chapter.
(E) In the event that an unauthorized or threatened release involves a fixed facility in the county, notification shall be given by calling 911 with the detailed status and nature of the environmental emergency and on-site emergency response action initiated by the facility personnel. Each fixed facility in the county shall provide training for all employees and users as required by State Department of Labor and OSHA standards and regulations. The administering agency shall have the right for announced, periodic inspections by the IDES Director and the fixed facility shall have preplanning documents filed with IDES and updated at least annually or when the quantity, concentration or material is increased beyond usual and customary inventory. The owner and management personnel of any fixed facility shall be liable under the provisions of this chapter for any occurrence detected outside the property of the fixed facility which is the result of an unauthorized release or if the authorized release results in exceeding the permitted release. On-site liability shall be determined by the commonwealth’s Department of Labor or OSHA.
(Ord. 95-330.1, passed 3-13-1995)