Digital Commons Network^™

Status Report: Identification Of Appropriate Standards For Corrective Action For A Release From Petroleum Underground Storage Tanks, Volume 1, Lyle V.A. Sendlein, Wesley J. Birge, G. Blomquist, James S. Dinger, Ralph R. Huffsey, Robert Guthries, Sanford W. Horstman, M. D. Kercher, Paul M. Mcginley, David C. Short, T. W. Struttmann, Larry Taylor, Thomas Tobin, David Dunn, Burl Naugle

KWRRI Research Reports

This study was undertaken to address the removal and closure of defective petroleum underground storage tanks in Kentucky:

• To address standards for levels of contamination requiring corrective action consistent with accepted scientific and technical principles.
• To recommend a matrix or scoring system to be used for (a) ranking sites as to actual or potential harm to human health and the environment caused by a release of petroleum from a petroleum storage tank, and (b) establishing standards and procedures for corrective action that shall adequately protect human health and the environment.
• To address all compounds individually and collectively known as petroleum. …

Water Quality Impacts Of Natural Riparian Grasses Part 1: Empirical Studies, B. J. Barfield, R. L. Blevins, Alex W. Fogle, C. E. Madison, S. P. Inamdar, D. I. Carey, V. P. Evangelou

KWRRI Research Reports

Studies were conducted on the effectiveness of natural riparian grass buffer strips in removing sediment and ag chemicals from surface runoff. No till and conventional tillage erosion plots served as the sediment and chemical source area. Runoff from the plots was directed onto 15, 30, and 45 foot filter strips where the inflow and outflow concentrations and sediment size distributions. Trapping percentages for sediment and ag chemicals typically ranged near or above 90%. An evaluation was made of the distribution of trapped chemicals among infiltrated mass and mass stored in the surface layer and on plant surfaces. The analysis showed …

Water Quality Impacts Of Naturals Riparian Grasses Part 2: Modeling Effects Of Channelization On Sediment Trapping, S. P. Inamdar, B. J. Barfield, D. I. Carey, Alex W. Fogle

KWRRI Research Reports

A methodology is developed to determine expected sediment trapping in riparian vegetative filter strips considering channelization of flow. The framework consists of defining the channel network stochastically, with deposition/detachment in each channel being modeled deterministically. The two approaches were then combined to develop a model which could predict expected trapping efficiencies for vegetative filters under known field conditions. The model was then extended to include conditions such as rainfall on the filter so as to make it applicable to generic field situations.

Field and laboratory studies were conducted to collect and estimate data to develop and evaluate the model. sediment …

The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness

Law Faculty Scholarly Articles

The United States Supreme Court handed down an opinion in the Cipollone case on June 24, 1992. Justice Stevens, writing for the majority, concluded that the Federal Cigarette Labeling and Advertising Act preempted all tort claims against cigarette manufacturers based on failure to provide adequate warnings about the health risks of smoking. However, the Court also held that claims based on breach of express warranty, misrepresentation, and conspiracy were not preempted by the Act. Thus, although Cipollone represents a clear victory for tobacco companies, it also leaves the door open for future litigation. The first part of this Article will …

Kentucky Lawyer, 1993, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

The Kentucky Encyclopedia, Entries For "A.D. Albright, Margaret I. King, Frances Jewell Mcvey, Frank L. Mcvey, James Kennedy Patterson, Sullivan Law, Whas Radio, And Wilson W. Wyatt.", Terry L. Birdwhistell

Library Faculty and Staff Publications

No abstract provided.

Available Coal Resoures Of The Handshoe 7.5–Minute Quadrangle, Knott County, Kentucky, Gerald A. Weisenfluh, Robert E. Andrews, John K. Hiett, Richard E. Sergeant

Information Circular--KGS

Coal resources available for mining have been estimated for the Handshoe Quadrangle within the Hazard Coal Reserve District of the Eastern Kentucky Coal Field. Twelve coal beds within the quadrangle are potentially mineable and comprise the basis of these resource estimates. Seven of these beds have been commercially developed, but only four have produced more than 1 million tons: the Tiptop, Hazard No. 8, Hazard No. 4, and Upper Elkhorn No. 3. A computerized Geographic Information System was used to calculate estimates of original, mined-out, and remaining resources, restrictions to mining, and available resources.

Quality Of Private Ground-Water Supplies In Kentucky, Daniel I. Carey, James S. Dinger, O. Barton Davidson, Richard E. Sergeant, Joseph L. Taraba, Thomas W. Ilvento, Steve Coleman, Rayetta Boone, Laura M. Knoth

Information Circular--KGS

About 3.7 million people live in Kentucky, of which 1.9 million (52 percent) live in urban areas (roughly defined as any community with 2,500 or more people) and 1.8 million (48 percent) live in rural areas (University of Kentucky, 1993). Figure 1 summarizes sources of drinking water for Kentucky residents. About 70 percent of Kentuckians get their daily supply of water from surface-water sources - lakes and streams; about 25 percent get their water from ground-water wells; and about 5 percent get their water from other sources - springs, cisterns, ponds, or hauled water.

Seaall Treasurer's Handbook, 1993-1994, Seaall

Administrative Materials

This treasurer's handbook also includes the Treasurer's Calendar for 1994.

Health Care Reform.... Practical Manifestations Of Theoretical Values, David A. Nash

Oral Health Science Faculty Publications

No abstract provided.

Seaall Bylaw Revision Materials, 1993, Seaall

Administrative Materials

These materials include correspondence and ballots for proposed changes to the SEAALL Articles of Incorporation and Bylaws.

Oil And Gas Maps Of The Pikeville 30 X 60 Minute Quadrangle, Kentucky, Dan Walker, Joseph F. Meglen, Brandon C. Nuttall, X. Mara Chen, Anna E. Watson

Map and Chart--KGS

The purpose of these oil and gas maps is to portray the distribution of types of wells in a manner useful to the oil and gas industry and geologists interested in subsurface research. The maps are designed to help geologists better evaluate acreage holdings and exploratory/development potential.

Traffic Accident Investigation, Kenneth R. Agent, Jerry G. Pigman

Kentucky Transportation Center Research Report

The information given in this report deals with the reporting and at-scene investigation of traffic accidents. The procedure to complete the uniform police traffic accident report used in Kentucky is described. Also, the proper procedure necessary to document the accident scene is described. The objective of this report is to summarize the material included in the "Traffic Accident Investigation" workshop. The workshop also included case studies which were used to illustrate the procedures for proper reporting and documenting traffic accidents. Slides were used to show traffic accident scenes in order to illustrate the proper interpretation and documentation of accident scene …

Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness

Law Faculty Scholarly Articles

In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve into the law of regulatory takings. This experience is seldom a pleasant one. Echoing the poet John Milton, an exasperated state court judge once described takings law as a “Serbonian Bog.” Unfortunately, the takings doctrine is only slightly more comprehensible after the Lucas decision than it was before. Nevertheless, progress in this area, however modest, deserves praise, and the Court is to be commended for clarifying one aspect of takings jurisprudence. As a result of Lucas a “categorical rule” has been announced …

Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy

Law Faculty Scholarly Articles

This Article examines the role courts play under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in cleaning up releases of hazardous substances. Congress intended the courts to have an important role in implementing the cleanup process-particularly in defining the scope of liability for CERCLA cleanups. But Congress also included a broadly-worded provision that forecloses federal judicial review of CERCLA cleanups unless the review action falls within several narrowly-defined exceptions.

Notwithstanding the terms of the provision foreclosing review, litigants have turned to the courts, asserting that immediate review should be available in cases beyond those exceptional proceedings. Those asserting …

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Law Faculty Scholarly Articles

The Jefferson Family Court's custody mediation service was developed as part of a larger program creating the first family court system in Kentucky. The mediation service's connection with the Family Court has influenced both practical and policy aspects of its development. Any description of the mediation project necessarily entails some description of the court system that created it.

This Article describes the structure of the Jefferson Family Court and the custody mediation process as it has developed in Jefferson County. A review of one community's approach to custody mediation may be useful not only as a blueprint for a system's …

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …

Tribute To Donald A. Winslow, Rutheford B. Campbell Jr., Elbert P. Tuttle, Patricia T. Morgan, W. Thomas Halbleib Jr., Susan Stockton, Robert Weir

Law Faculty Scholarly Articles

This article is comprised of a series of tributes to Donald A. Winslow, who was a law professor at the University of Kentucky College of Law.

A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt

Law Faculty Scholarly Articles

Some form of inheritance has existed since ancient times. The biblical story of Esau, who sold his birthright to his younger brother Jacob for a mess of potage, demonstrates the long-standing recognition of inheritance rights. Although the United States Constitution does not explicitly guarantee to the owner of property a right to transmit that property upon death to another person, the United States Supreme Court has held that a total abrogation of the right of inheritance without the payment of just compensation is unconstitutional.

Every state has a system of inheritance created by statute and by case law. State inheritance …

Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness

Law Faculty Scholarly Articles

Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products. For example, the Consumer Product Safety Commission promulgates "consumer product safety standards" for a number of consumer products. Likewise, the National Traffic and Motor Vehicle Safety Act of 1966 authorizes the National Highway Transportation Safety Administration to develop safety standards for automobiles and other motor vehicles. Additionally, the Food and Drug Administration (FDA) exercises extensive control over prescription drugs, biologics, medical devices, and over-the-counter drugs. The FDA also regulates food labeling.6 Finally, Congress has established statutory labeling requirements for cigarettes, smokeless tobacco products, and alcoholic beverages. …

Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis

Law Faculty Scholarly Articles

Responsibility for the consequences of our own actions and occasionally for the actions of others seems to have been largely forgotten as a foundation for governing conduct. This Article advocates re-emphasizing responsibility in one important area, that of manufacturer liability for product design. To that end, the author proposes the highest standard of conduct by which to judge product manufacturers' design decisions. The standard proposed in this Article is higher than merely reasonable, prudent conduct and is not the allegedly "strict" liability frequently imposed. The standard this Article proposes reflects an emphasis on responsible conduct in light of the special …

The Future Of Fair Housing Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

This article is a revised version of the keynote address I gave at a conference entitled "Where is Fair Housing Headed in This Decade?" sponsored by The John Marshall Law School in the Fall of 1992. As its title implies, the conference focused on the future of fair housing, and my address dealt with certain developments that I felt were not only observable in the early years of the 1990s, but were also likely to be important in the remaining years of this decade.

Many of these developments—such as the growing role of the federal government in fair housing enforcement …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1993, Organizational Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Construction And Performance Of Highway Soil Subgrades Modified With Atmospheric Fluidized Bed Combustion Residue And Multicone Kiln Dust, David Q. Hunsucker, Tommy C. Hopkins, Tony L. Beckham, R. Clark Graves

Kentucky Transportation Center Research Report

In an effort to increase the utilization of by-product materials in highway construction projects, the Kentucky Transportation Cabinet authorized the experimental use of reside from an atmospheric fluidized bed combustion (AFBC) process and multicone kiln dust (MKD), a by-product resulting from the production of lime, as subgrade soil modifiers. This report presents information relative to preconstruction and post-construction laboratory evaluations, construction procedures, construction monitoring activities, and performance evaluations of a highway subgrade solid modified using AFBC spent lime, MKD, Type IP cement, and hydrated lime. An untreated section served as a control section for the project located on Kentucky Route …

Long-Term Performance Of Flexible Pavements Located On Cement-Treated Soils, Tommy C. Hopkins, David Q. Hunsucker, Tony L. Beckham

Kentucky Transportation Center Research Report

Long-term performance of flexible pavements located on cement-treated soils and the longevity of soil-cement subgrades are examined at sections of four highway routes. Ages of the soil-cement subgrades range from 6 to 30 years. Field and laboratory studies were conducted at each section. Generally. the soil-cement subgrades were non-plastic and were classified as SM, or sandy silt, according to the Unified Soil Classification System, although the classification of the untreated soil subgrades located below the treated layers ranged from CL (clay) to GC (clayey gravel). Plasticity index of the untreated soils ranged from non-plastic to 44 percent. Generally, the untreated …

Kentucky Traffic Accident Facts 1993 Report, Kentucky State Police

Kentucky Transportation Center Research Report

KENTUCKY'S TRAFFIC ACCIDENT FACTS report for 1993 is based on accident reports submitted to the Accident Unit housed in the Kentucky State Police Information Services Branch, Records Section. As required by Kentucky Revised Statutes 189.635, "every law enforcement agency whose officers investigate a vehicle accident of which a report must be made ... shall file a report of the accident ... within ten days after investigation of the accident upon forms supplied by the bureau." The stated purpose of this requirement is to utilize data on traffic accidents" for such purposes as will improve the traffic safety program in the …

Evaluation Of Clsm (Flowable Fill) For Trench Backfill, Bobby W. Meade, David Q. Hunsucker, Michael D. Stone

Kentucky Transportation Center Research Report

Controlled Low Strength Material (CLSM), commonly referred to as flowable fill, has been used for years as a trench backfill for utility repairs in Kentucky, but had not been previously used by the Kentucky Department of Highways (KDQH). In 1991, the KDOH awarded a contract for the reconstruction of Breckinridge Lane in Louisville where CLSM was used as trench backfill for all storm drainage. In 1992, the KDOH awarded a contract for replacement of cross drains for US 25 in Fayette County where CLSM was used as trench backfill. These two sites were monitored for field performance, cylinders were cast …

Development Of Guidelines And Performance For Asphalt Pavements Containing Rubber -- Review Of State-Of-The-Practice, Kamyar C. Mahboub, Donn E. Hancher

Kentucky Transportation Center Research Report

This interim report provides a summary of key points that are important to successful implementation of the asphalt rubber technology in Kentucky in accordance with ISTEA. Various asphalt rubber technologies are presented in this report along with their advantages and disadvantages. Issues related to structural design and construction are discussed. A variety of environmental issues such as: emissions, leachate and issues related to future recyclability are presented. Finally, criteria are recommended to be used for selection of future asphalt rubber projects in Kentucky.

The Removal Of Lead-Based Paint From Steel Bridges, Theodore Hopwood Ii, Christopher M. Oberst

Kentucky Transportation Center Research Report

The purpose of this study was to assist the Department of Highways in conducting bridge-painting operations involving removal of existing lead-based paint. Pertinent state and Federal regulations affecting generation of hazardous wastes, limiting environmental pollution and protecting public and worker safety were obtained and reviewed.State highway agendas were surveyed relative to how they conducted maintenance bridge painting involving lead-based. paints and comply with applicable regulations. Information from the painting industry related to sale removal of lead-based paints was also reviewed.

Based upon the reviews of applicable regulations, operations of other state highway agencies and painting industry practices, the best demonstrated …

An Analytical Investigation Of Aashto Load Equivalencies, Herbert F. Southgate

Kentucky Transportation Center Research Report

An objective of this study was to develop procedures and/or refined relationships between Kentucky ESALs and AASHTO ESALs. Kentucky load equivalency relationships are the result of mechanistic analyses based on elastic theory. AASHTO load equivalency relationships were developed from recorded empirical data collected at the AASHO Road Test. Comparison of Kentucky and AASHTO ESALs necessarily in depth analyses of AASHTO load equivalency equations C-19, D-19, and their developmental equations given in the 1972 AASHTO Interm Guide. These equations evolved from the basic format used in analyzing AASHO Road Test data.

In this investigation, the repetitions reported in Appendix A of …