Liability Information

Bona Fide Prospective Purchaser
House Bill 272, passed by the 2005 Kentucky General Assembly, provides liability protection for bona fide prospective purchasers of qualified properties. A bona fide prospective purchaser (BFPP) is an entity that:

  • Did not cause the contamination.
  • Has conducted an "all appropriate inquiry" assessment of environmental issues at the property.
  • Takes care to prevent the environmental problem from becoming worse. 
  • Takes appropriate steps to prevent or eliminate exposure to previously released hazardous substances.  
  • Is willing to provide access to the property for cleanup purposes.
  • Does not disrupt any institutional controls or violate land-use restrictions designed to manage the contamination.
  • Has no affiliation with the party responsible for the contamination.

For more information on the U.S. Environmental Protection Agency's (EPA) rule on all appropriate inquiry and bona fide prospective purchaser liability protection, see the EPA's Brownfields Liability website. To be eligible for state and federal brownfield cleanup grants, an entity must be a Bona Fide Prospective Purchaser.  Liability Program
During the 2012 Legislative session, a law was passed to enhance programs aimed at the redevelopment of brownfields in the Commonwealth. The result was a program that provides property owners and prospective property owners (who can certify that they did not cause a release or have a relationship with those who did and who develop a plan to reuse the property safely) documentation that they will not be held responsible for conducting site investigation and remediation under Kentucky Superfund Laws, specifically KRS 224.1-400and KRS 224.1-405. For more information on this portion of the Kentucky Brownfield Redevelopment Program visit the redevelopment process page.

Community Input

Successful redevelopment is best achieved when local community members and officials are engaged and actively involved in the process.

 

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 859.283.1885
 859.283.8178
 22 Spiral Dr. Florence, KY 41042

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