224.60-155 Penalty.
(1)
(2)
(3)
(4)
Any underground storage tank owner or operator who fails to comply with KRS
224.60-105 or regulations promulgated thereto shall be subject to a civil penalty not
to exceed five thousand dollars (,000) for each day of violation.
In determining the civil penalty to be imposed pursuant to this section, the cabinet
or court shall consider all relevant circumstances including, but not limited to, the
extent of harm or potential harm caused by the violation, the nature and duration of
the violation, the number of past violations, and any corrective action taken by the
underground tank owner or operator.
No civil penalty may be imposed under this section if the underground storage tank
owner or operator already has been penalized for the same violation under federal
regulations.
The United States Environmental Protection Agency, for purposes of collecting
civil penalties, is not a third-party claimant under any of the provisions of KRS
224.60-105 to 224.60-160.
Effective: April 9, 1990
History: Created 1990 Ky. Acts ch. 370, sec. 11, effective April 9, 1990.
Formerly codified as KRS 224.824.
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