Kentucky Property Transfer: What you need to know

Governing Law and Regulations

Hazardous waste facilities: 401 Kentucky Administrative Regulations (KAR) 34:070, Section 10

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Solid waste facilities: 401 KAR 48:005 to 48:320

Special waste landfills: 401 KAR 45:110

Groundwater: 401 KAR 5:037, Section 4(8)

Regulatory Agency

Kentucky Environmental and Public Protection Cabinet (EPPC) Department for Environmental Protection (DEP)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky does not have a property transfer law that requires DEP to certify the condition of property before a real estate transfer may take place. However, Kentucky does adopt federal regulations that require hazardous waste treatment, storage, and disposal facility (TSDF) owners and operators to record in the appropriate land records certain information about the facility when it is closed.

Closure rules for hazardous waste TSDFs are covered in the state section CLOSURE AND POST-CLOSURE PLANS. The state has similar requirements for solid waste landfill facilities.

Kentucky does not have a provision for a state Superfund lien or nonpriority lien regarding environmental cleanup by the state. However, federal superfund liens are filed in accordance with state law. In Kentucky, federal liens are filed in the local land records office.

Both state and federal law should be considered when acquiring property. Landowners, tenants, and lenders may be liable for contaminated land, regardless of fault. A thorough environmental site assessment may be conducted before acquiring property. See the national section PROPERTY TRANSFER for a further discussion of the impact of federal liens for ...

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State Requirements

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Kentucky Property Transfer Resources

Forms Well Disclosure Certificate

Property Transfer Products

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