Encumbrances
Environmental Protection Lien KRS 224.01-465
The Environmental Protection Cabinet shall have a lien against the real and personal property of a person liable for the actual and necessary costs expended in response to a release or threatened release or an environmental emergency.
The cabinet's issuance of a No Further Remediation Letter signifies a release from further responsibilities for a remediation plan approved under KRS 224.01-460 and any further responsibilities under KRS 224.01-400 to undertake any other remedial action on the site. The issuance of a No Further Remediation Letter shall be considered prima facie evidence that the site does not constitute a threat to human health and the environment and does not require additional remediation under KRS 224.01-400, if the site is utilized in accordance with the terms of the No Further Remediation Letter.
The document requires, per KRS 224.01-460(4):
• Name of the person or entity (the Commonwealth) issuing the letter
• Name of the entity receiving notice of “no further remediation”.
• An acknowledgment that the requirements of the remediation plan were satisfied or are being satisfied;
• A description of the location of the property by reference to a legal description or a plat showing the property's boundaries;
• A preparation statement (KRS 382.335) (Most liens prepared by Commonwealth of Kentucky do not have a preparation statement )
• The clerk shall request a return mail address (KRS 382.240)
• The document must be signed by the Commonwealth or their attorney or agent. The signature does not need to be notarized.
The public entity shall record the No Further Remediation Letter with the county clerk of the county in which the property is located.
