Hearing Regulation for Storage Tank Claims Finalized

August 24, 2005

Bruce Scott, P.E.
Director
Division of Waste Management
14 Reilly Road
Frankfort, KY 40601

Re: Proposed Amendment
401 KAR 42:320

Dear Director:

These brief comments are submitted by the Kentucky Resources Council, Inc. concerning the proposed amendment to 401 KAR 42:320 and repeal of 42:326.

KRC supports the repeal of 401 KAR 42:326. Concerning the proposed amendments to 401 KAR 42:320, KRC supports the proposed amendments in principle, and offers these suggested changes for clarification:

1. Since the former hearings were governed by Chapter 13B rather than the Chapter 224 hearing procedures, the Office of the Attorney General should be consulted regarding the proposed amendment, and the Cabinet should request appropriate written assurance from the OAG that the conduct of the hearings pursuant to 42:320 are included within the ambit of the exemption on KRS 13B.020(3)(f)2.d.

2. In order to provide greater clarity concerning the conditions under which a reconsideration will be granted, and to clarify the purpose for the reconsideration, these changes are proposed to Section 2(3):

(3) The cabinet shall reevaluate the eligibility determination initial application or payment claim previously denied, if the evidence accompanying the request warrants reconsideration by demonstrating clear error.

Thanks for your consideration of these comments.

Cordially,

Tom FitzGerald

Director

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