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211.869 Penalties.
(1) Any person who fails to comply with any provision of KRS 211.859 or 211.863, or
with any administrative regulations promulgated pursuant to KRS 211.859 or <br>211.865, or fails to comply with any order of the cabinet issued pursuant to KRS <br>211.859 or KRS 211.863 and 211.865 shall be assessed a civil penalty not less than <br>ten thousand dollars ($10,000) nor more than one hundred thousand dollars <br>($100,000). Each day of the violation or noncompliance shall constitute a separate <br>offense.
(2) Any person who fails to pay a civil penalty imposed pursuant to subsection (1) of
this section, or any portion of that penalty, shall be liable in a civil action in an <br>amount not to exceed four (4) times the amount imposed and not paid. Any civil <br>penalties recovered shall be deposited into the State Treasury and credited to a trust <br>and agency fund to be used by the cabinet in carrying out the provisions of KRS <br>211.861 to 211.869.
(3) Any person who intentionally violates a provision of KRS 211.863 shall be guilty of
a Class D felony.
(4) At the request of the cabinet, the Attorney General shall, on behalf of the
Commonwealth of Kentucky, bring an action for the recovery of any civil penalty or <br>the prosecution of any criminal offense in violation of KRS 211.863 and 211.865.
Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 46, sec. 5, effective July 15, 1998.
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