Welcome to the Kentucky Superfund Branch home page. The Superfund Branch is charged with protecting human health and the environment from the release of hazardous substances, petroleum pollutants or contaminants into the environment.
The program seeks to ensure that contaminated sites are evaluated and cleaned up in a timely manner to reduce risks posed to human health and the environment. In most cases this means overseeing companies or individuals who have taken responsibility for cleaning up contamination found on their property. In cases where a responsible party cannot be found or is unable to act, the Superfund Branch may take a direct role in cleaning up a site.
The branch is divided into five sections:
The Federal Section works with the U.S. Environmental Protection Agency (EPA) determining if a site is eligible for emergency response or cleanup under the Federal Superfund Program. It also provides technical and administrative support to EPA for those hazardous waste sites in Kentucky that qualify for the National Priority List.
The Federal Superfund Section is working in conjunction with the Division of Compliance Assistance to encourage redevelopment of brownfields - abandoned, idled or underused industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination. For more information, check the Kentucky Brownfields Program page.
Employees of the Maxey Flats Section conduct environmental monitoring, radiological monitoring and maintenance activities at the Maxey Flats Project, a low-level radioactive waste disposal site in Fleming County. See the Maxey Flats Project page for additional information.
The Petroleum Cleanup Section addresses sites that have had releases of petroleum and/or petroleum products, EXCEPT for those releases from regulated petroleum underground storage tanks. Those types of releases are addressed by the Underground Storage Tank Branch. The Petroleum Cleanup Section oversees the investigation and cleanup by the responsible parties.
Closure Report for Petroleum Releases and Exempt Petroleum Tank Systems -- Form DEP 7097C (Revised May 2005) Word Rich text PDF
Instruction Booklet for DEP 7097C (Revised May 2005) PDF
The Risk Assessment Section serves as a technical resource for the Superfund Branch and other Division of Waste Management branches. Section staff review risk assessments and other environmental data, evaluate contaminated sites for their potential to cause adverse impacts and make recommendations for eliminating or mitigating risks to human health and the environment.
The State Superfund Section addresses sites that are not eligible for the Federal Superfund program. The members of this section identify sites where a release or threatened release of hazardous substances has occurred and provide oversight for the investigation and remediation of the sites. They also provide immediate response to environmental emergencies.
If a site represents an imminent threat to human heath and the environment and a responsible party cannot be found or is unable to act, the State Section may take a direct role in conducting the investigation and remediation at the site.
The State Lead List, a list of all sites addressed under state authority, is available through an open records request.
The Kentucky Revised Statutes governing cleanups overseen or conducted by the Superfund Program include:
• KRS 224.01-400
Parties responsible for the release of a hazardous substance, pollutant, or
contaminant must notify the cabinet if the release is above a reportable
quantity, characterize the extent of the release and take actions necessary to
correct the effect of the release on the environment.
• KRS 224.01-405
This regulation requires a person who owns or operates the source or is
responsible for the release of petroleum or a petroleum product from a
source other than a petroleum storage tank to characterize the extent of
the release and perform corrective action.
• KRS 224.01-450 through 224.01-465
KRS 224.01-450 KRS 224.01-455 KRS 224.01-460 KRS 224.01-465
This statute authorizes the cabinet to issue a "No Further Remediation" letter to a
public entity for a site when an approved remediation plan has been
successfully completed following the requirements of these statutes.
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. The VERA increased liability protection for participants. Consequently, the Voluntary Environmental Remediation Program (VERP) was created. VERP 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. For further information please see the Kentucky Voluntary Cleanup Program page.
The state Superfund Branch, in a joint effort with the Department for Environmental Protection, has made a transition from paper document submittals to electronic submittals. News release including information on submittal requirements: Word Rich text PDF
Kentucky has established a Hazardous Waste Management Fund to help remediate high priority sites for which there is no willing or able responsible party. Environmental firms that would like to bid to provide remediation services for these sites should begin by familiarizing themselves with the process by going to eProcurement.ky.gov and accessing How to do Business with the Commonwealth.
