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149.348 Assessment of civil penalties -- Personal liability.
(1)
(2)
Any operator or logger who is deemed by the cabinet to be a bad actor under KRS
149.344(8) or who violates KRS 149.342(1) or 149.344(11) may, after an
opportunity for an administrative hearing, be assessed a civil penalty not to exceed
one thousand dollars ($1,000) for each violation. In determining the amount of the
penalty, consideration shall be given to the operator's or logger's history of
noncompliance; the seriousness of the violation and any damage caused, including
any irreparable harm to the environment or hazard to public health or safety or the
health and safety of animals, fish, or aquatic life; the degree of fault and whether the
conduct was intentional or negligent; and the demonstrated good faith in remedying
the pollution. The penalties shall be recoverable in an action brought in the name of
the Commonwealth of Kentucky by the cabinet's Office of General Counsel. All
sums recovered shall be deposited in the Forest Stewardship Incentives Fund. The
Circuit Court in the county in which the violation occurred shall have concurrent
jurisdiction and venue of all civil and injunctive actions instituted by the cabinet for
the enforcement of the provisions of KRS 149.330 to 149.355 or the orders and
administrative regulations promulgated by the cabinet.
Notwithstanding KRS Chapters 271B to 275 or any other provision of law to the
contrary, any director, officer, or agent of an operator or logger doing business as a
partnership, corporation, association, society, joint stock company, firm, company,
or business organization shall be personally liable, jointly and severally, for the civil
penalties incurred by the operator or logger under this section.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 41, sec. 4, effective June 24, 2015. -- Created
1998 Ky. Acts ch. 555, sec. 10, effective July 15, 1998.
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