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Last Modified:  4/23/2009
Environmental Emergencies

Examples of Environmental Emergencies

The Environmental Response Team is trained to respond immediately to environmental emergencies such as accidents where hazardous materials may have been spilled.

TO REPORT AN ENVIRONMENTAL EMERGENCY CALL:
502-564-2380 or 1-800-928-2380

LINE OPEN 24 HOURS A DAY, SEVEN DAYS A WEEK

What is an environmental emergency?
The spill or unexpected discharge of a hazardous material to water, air or land that threatens the life, health or safety of citizens or the environment is considered an environmental emergency.

Information on Mercury Spills

What is the Environmental Response Team (ERT)?
The group of people who serve on the state's Environmental Response Team are Department for Environmental Protection staff trained to respond immediately to environmental emergencies such as accidents where hazardous material may have been spilled.

When should the ERT be contacted?
When an actual spill or release of a hazardous material occurs or when there appears to be a threat of severe environmental harm, the Environmental Response Team can be reached 24 hours a day, 7 days a week. Environmental damage can sometimes be reduced by a quick response and application of appropriate cleanup techniques.

Who must report spills of hazardous materials?
Anyone who possesses or controls:

  • Hazardous substances
    • as listed under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of 1980, as amended.
    • those extremely hazardous substances designated under Title III of the Superfund Amendments and Reauthorization act (SARA) of 1986.
    • nerve and blister agents designated under state law.
  • Pollutants or contaminants - materials, which when released into the environment in a quantity, may present an imminent or substantial danger to the public health or welfare. (KRS 224 01-400)
  • Petroleum or petroleum products - other than a permitted release or application of a pesticide in accordance with the manufacturer's instructions. Reportable quantities are 25 gallons or more of a petroleum product within a 24-hour period and 75 gallons or more of diesel fuel in a 24-hour period or any amount that creates a visible sheen on surface waters. (KRS 224 01-400)

Who should report spills or a release of a pollutant, contaminants, or hazardous materials to ERT?
It's the responsibility of the responsible party to report the spill immediately.  Anyone who witnesses a "spill" or "release" of any of the materials mentioned should immediately call ERT to ensure that the spill is remediated properly.

(For information on substances other than petroleum products, see this EPA document, List of Lists.  This is a PDF file.  You will need Adobe Acrobat to view it.  If you do not have Acrobat, download it free.)

State law mandates under KRS 224 01-400 (6):
Any person possessing or controlling a pollutant or contaminant for which are portable quantity has been established by administrative regulation promulgated pursuant to subsection (2) of this section shall immediately notify the cabinet's twenty-four (24) hour environmental response line, as soon as that person has knowledge of any release or threatened release, other than a permitted release or application of a pesticide in accordance with the manufacturer's instructions, of a pollutant or contaminant to the environment in a quantity equal to or exceeding the reportable quantity. In the notice to be made to the cabinet, the person shall state, at a minimum, the location of the release or threatened release, the material released or threatened to be released, and the approximate quantity and concentration of the release or threatened release.

Who else should I call to report a spill?
First, you should always call 911 to report a spill, after that you should notify ERT, Kentucky Emergency Management and the NRC if applicable.

Does calling 911 fulfill my reporting requirements?
No, ERT does not have a memorandum of agreement with any city or county governments. You should never expect a call to 911 to fulfill your reporting requirements to the state or federal government.

Does a release into Secondary Containment constitute a reportable release?
Yes, any release from the primary containment vessel into a secondary containment area is considered a release or a threatened release to the environment.  Twenty-five gallons of petroleum spilled into a secondary containment area is reportable to ERT.  Seventy-five gallons of diesel fuel spilled into a secondary containment area is reportable to ERT.

What happens if I don't report a release?
Under Kentucky law a nonreported release could result in payment of fines of $25,000 per day per violation.

What will ERT do after notification of a release or threatened release?

1. ERT determines if a response is necessary. For instance, if a truck wrecks and hazardous material is spilled into the environment, ERT responds immediately. On the other had, if the quantity of material spilled is so small that it does not present a hazard, such as a gallon of gasoline spilled by a service station, ERT deals with the incident on a routine basis through the state's Department for Environmental Protection.

2. ERT responds or may dispatch staff from the Air Quality, Waste Management or Water divisions as appropriate.

3. ERT coordinates with local officials and other state and federal agencies such as EPA, the Kentucky State Fire Marshal and Kentucky Division of Emergency Management.

4. On the scene, ERT coordinators maintain communication with the Environmental Response Center in Frankfort.

5. ERT on-scene coordinators monitor the emergency situation until the emergency is mitigated.

6. ERT on-scene coordinators file a summary report to the cabinet including a cost estimate of actual and necessary cleanup and emergency ERT services.

State law mandates under KRS 224 01.400 (14):
The cabinet shall be the lead agency for hazardous substance, pollutant, or contaminant emergency spill response and, after consultation with other affected federal, state, and local agencies and private organizations, shall establish a contingency plan for undertaking emergency actions in response to the release of a hazardous substance, pollutant, or contaminant.

Who pays for ERT services?
The party responsible for the release of a hazardous material, whether discharged by accident or through negligence, is liable for the cost of ERT services.

Does ERT respond to other emergencies?
ERT is part of the Kentucky Natural Disaster Plan, which was formed after the severe tornados of 1974. ERT responds to natural disasters such as floods, tornados and other severe weather, earthquakes, forest fires, landslides and water shortages. During natural disasters, ERT helps ensure the stability of hazardous materials and works to limit environmental damage.

How can you help?
You can best help by reporting immediately the spill of any hazardous material. Citizens who report the spill of hazardous material will help maintain a clean environment and protect the health and safety of all citizens.

502-564-2380 or 1-800-928-2380 (24-hour number)

Cleanup Contractors
List of Cleanup Contractors, the commonwealth of Kentucky does not certify nor guarantee the services of the companies listed on this report.  If you would like to have your company name on the cleanup contractor list, fill out this questionnaire and either fax it to the ERT office at 502-564-9634, or send it by mail to Environmental Response Team, 300 Fair Oaks, Frankfort, KY 40601.

Links:
Kentucky Division of Emergency Management
Kentucky Office of Homeland Security
Kentucky State Fire Marshal
Kentucky Department for Public Health
U.S. Environmental Protection Agency - Office of Emergency Management
National Response Center
U.S. Coast Guard
Regional Response Team

DEP Environmental Emergencies
300 Fair Oaks Ln
Frankfort, KY 40601
Phone: 502-564-2150
E-mail: Robert.Francis@ky.gov