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January 23, 2013   Kentucky Takes Steps to Clarify Liability Arising from Leaking USTs
By Christopher J. Braun

Under recently enacted provisions, the State of Kentucky has now clarified that a property owner who is not also the UST owner or operator when a UST release occurs has no obligation to perform corrective action for the UST release.  In addition, subject to various qualifying provisions, Kentucky law now provides that a person who acquires a site where a UST release previously occurred is not liable for performing the investigation and remediation of contamination arising a UST system release.  These changes should enhance the marketability and redevelopment of properties impacted by hazardous substances and contaminants arising from a UST release as a buyer can acquire these properties without accepting liability for cleaning up these past releases from regulated USTs.  These provisions should also reduce the transactional and litigation costs associated with such impacted properties and minimize the acquisition and operational risks associated with UST properties.

If you have any questions regarding these changes in the law do not hesitate to contact Chris Braun, who has served as General Counsel for the Indiana Petroleum Marketers and Convenience Store Association since 1993. 

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