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223.991 Penalties.
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Any person, firm or corporation (municipal or private) who violates any
provisions of KRS 223.160 to 223.220 or the rules and regulations adopted
thereunder shall be liable to a civil penalty not to exceed the sum of one
thousand dollars ($1,000) for said violation and an additional civil penalty not to
exceed one thousand dollars ($1,000) for each day of operation in violation of
KRS 223.160 to 223.220 or of the rules and regulations adopted thereunder. In
addition, the person, firm or corporation may be enjoined in the manner set
forth in KRS Chapter 224 from continuing such violations.
Any person who fails to comply with the certification provisions of KRS 223.425
shall be liable for a civil penalty of not less than two thousand five hundred
dollars ($2,500) and not more than five thousand dollars ($5,000) per
occurrence, and in addition may be concurrently enjoined from any such
violations as hereinafter provided.
Any person certified under the provisions of KRS 223.425, who violates KRS
223.405 to 223.460 or fails to perform any duties imposed by these sections, or
who violates any determination, rule, regulation or order or determination of the
secretary promulgated pursuant thereto may be subject to proceedings for
certificate suspension or revocation, or nonrenewal of a certificate.
It shall be the duty of the cabinet to institute an action for the recovery of the
penalties herein provided for, and to bring an action for an injunction against
any person violating or threatening to violate the certification provisions of KRS
223.425 or violating or threatening to violate any order or determination of the
cabinet promulgated pursuant thereto.
Any person found guilty of violating the certification provisions of KRS 223.425
or the rules and regulations adopted thereunder shall be guilty of a
misdemeanor and may be fined not less than one hundred dollars ($100) nor
more than five hundred dollars ($500) for each violation or imprisoned not more
than thirty (30) days or both. Each day the violation continues shall be
considered a separate violation.
Civil and criminal penalties shall not be deemed mutually exclusive.
All enforcement proceedings shall be conducted pursuant to KRS Chapter 224,
and all certificate revocation and enforcement actions shall be subject to the
administrative and judicial procedures contained in KRS Chapter 224.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 26, sec. 1, effective July 12, 2006. -Amended 1984 Ky. Acts ch. 215, sec. 14, effective July 13, 1984. -- Amended
1976 Ky. Acts ch. 250, sec. 1. -- Created 1966 Ky. Acts ch. 156, sec. 8.
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