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367.4917 Penalties -- Payment and apportionment of fines.
(1)
(2)
(3)
(4)
(5)
An excavator who fails to comply with any provision of KRS 367.4911, or an
operator who fails to comply with any provision of KRS 367.4909, shall be guilty of
endangering underground facilities and may be subject to a fine of two hundred and
fifty dollars ($250) for the first offense, no more than one thousand dollars ($1,000)
for the second offense within one (1) year, and no more than three thousand dollars
($3,000) for the third and any subsequent offense.
A protection notification center that fails to comply with any provision of KRS
367.4913 shall be subject to a fine of one thousand dollars ($1,000) for each
offense.
A person that knowingly provides false notice to a utility notification center of an
emergency as defined in KRS 367.4903 shall be subject to a fine of one thousand
dollars ($1,000) for each offense.
Any person who violates any provision of the Underground Facility Damage
Prevention Act of 1994, KRS 367.4901 to 367.4917, that involves damage to a
facility containing any flammable, toxic, corrosive, or hazardous material or results
in the release of any flammable, toxic, corrosive, or hazardous material shall be
subject to a fine not to exceed one thousand dollars ($1,000) for each offense. The
penalties of this subsection are not in conflict with and are in addition to civil
damages for personal injury or property damage.
(a) All fines recovered for a violation of this section shall be paid to the general
fund of the state, county, city, or fire protection agency which issued the
citation.
(b) In the event that more than one (1) government agency was involved, the court
shall direct an apportionment of the fines.
(c) Failure to comply with the provisions of the Underground Facility Damage
Prevention Act of 1994, KRS 367.4901 to 367.4917, may be determined at the
conclusion of an investigation and shall be based on evidence available to
state, county, or city officials, law enforcement, or fire protection agencies
which issue the citation.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 31, sec. 5, effective June 24, 2015. -- Amended
2014 Ky. Acts ch. 100, sec. 5, effective July 15, 2014; and ch. 116, sec. 1, effective
July 15, 2014. -- Amended 2012 Ky. Acts ch. 137, sec. 7, effective July 12, 2012. -Amended 2008 Ky. Acts ch. 180, sec. 5, effective July 15, 2008. -- Amended 2000
Ky. Acts ch. 222, sec. 6, effective July 14, 2000. -- Created 1994 Ky. Acts ch. 425,
sec. 9, effective January 1, 1995.
Legislative Research Commission Note (7/15/2014). This statute was amended by 2014
Ky. Acts chs. 100 and 116. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts ch. 116, which was last enacted by
the General Assembly, prevails under KRS 446.250.
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