Download as PDF
149.344 Use of appropriate best management practices -- Violation -Noncompliance -- Administrative regulations governing bad actor
designation -- Procedure after multiple violations -- Opportunity for
administrative hearing.
(1)
(2)
(3)
(4)
(5)
(6)
Two (2) years from July 15, 1998, any logger or operator engaged in the
conduct of any timber harvesting operations shall use appropriate best
management practices.
No logger or operator shall conduct any timber harvesting operations in a
manner that is causing or will likely cause water pollution.
If the cabinet determines that a logger or operator engaged in timber
harvesting operations has failed to use the appropriate best management
practices or is causing water pollution, the cabinet shall give the logger or
operator a written warning of the facts alleged to constitute the failure to use
the best management practice or the water pollution, and a reasonable period
for abatement and compliance.
If, after the time for abatement in the written warning, the cabinet determines
that the logger or operator has failed to implement the appropriate best
management practices or has failed to abate the water pollution, the logger or
operator will be provided an opportunity for an informal conference with the
district forester. After the opportunity for an informal conference, if the cabinet
determines that the logger or operator has failed to implement the appropriate
best management practices or has failed to abate the water pollution, the
cabinet shall issue a notice of violation stating the best management practice
that the logger or operator has failed to implement or the facts alleged to
constitute the water pollution, and order the logger or operator to implement
corrective measures within a specified period of time.
If, after the issuance of a notice of violation, the logger or operator fails to
implement the best management practice or corrective measures, the cabinet
shall issue a special order mandating the logger or operator to immediately
implement the best management practice or the corrective measures. The
cabinet may also order the logger or operator to cease all or a portion of the
timber harvesting operation constituting the violation, and if the cabinet does
so, the logger or operator shall cease all or a portion of the timber harvesting
operation, until an inspection determines that the violation has been abated. At
the time the special order is issued, the cabinet shall notify the logger or
operator of the opportunity for an administrative hearing under KRS
149.346(2), to be held within five (5) working days of the receipt of a written
request made by the logger or operator.
If the cabinet finds that any logger or operator is conducting any timber
harvesting operations in violation of KRS 149.342(1) or in a manner that is
causing or is likely to cause water pollution that is presenting or will likely
present an imminent and substantial danger to the public health, safety, or
welfare, or to the health of animals, fish, or aquatic life, or to a public water
supply, or to recreational, commercial, agricultural, or industrial uses, the
cabinet may issue an emergency order directing the logger or operator to
immediately cease the activity and implement corrective measures within a
reasonable time, and the logger or operator shall immediately cease the
activity and implement corrective measures. At the time the order is issued, the
cabinet shall also notify the logger or operator of the opportunity for an
administrative hearing under KRS 149.346(2) to be held within five (5) working
days of the receipt of a written request. The commencement of proceedings by
the cabinet under subsection (3), (4), (5), or (10) of this section shall not
preclude the cabinet from issuing an emergency order under this subsection.
(7) Notification under this section shall be by certified mail, return receipt
requested, sent to the last known address of the logger or operator, or by hand
delivery by the cabinet.
(8) If the logger or operator fails or refuses to cease activity or comply with and
implement the best management practices or corrective measures in a special
order issued under subsection (5) of this section or fails to cease activity and
implement corrective measures in an emergency order under subsection (6) of
this section, unless extended by the cabinet, the logger or operator shall be
deemed a bad actor and shall be subject to civil penalties under KRS 149.348
after an opportunity for a hearing under KRS 149.346. The cabinet shall have
the authority to remove or terminate bad actor designations from loggers or
operators that demonstrate adherence to implementing best management
practices, have paid all fines and penalties imposed by the cabinet, and have
completed corrective action on sites with violations.
(9) The cabinet may promulgate administrative regulations to establish rules and
procedures to remove or terminate the bad actor designation from a logger or
operator that was previously designated a bad actor under subsection (8) of
this section.
(10) If the cabinet determines that a logger or operator engaged in timber
harvesting operations has failed to use the appropriate best management
practices in violation of this section, and the logger or operator has been issued
two (2) or more bad actor designations under KRS 149.346, the cabinet shall
immediately issue a warning and, if the violations are not corrected after a
period defined by the warning but no longer than one (1) week, shall issue an
order directing the logger or operator to immediately cease the activity and
implement corrective measures within a reasonable time, and the logger or
operator shall immediately cease the activity and implement corrective
measures. At the time the order is issued, the cabinet shall also notify the
logger or operator of the opportunity for an administrative hearing under KRS
149.346(2) to be held within five (5) working days of the receipt of a written
request.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 43, sec. 1, effective July 12, 2006. -Amended 2005 Ky. Acts ch. 39, sec. 2, effective June 20, 2005. -- Created 1998
Ky. Acts ch. 555, sec. 8, effective July 15, 1998.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.