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224.99-010 Penalties.
(1)
(2)
(3)
(4)
(5)
Any person who violates KRS 224.10-110(2) or (3), 224.70-110, 224.73-120,
224.20-050, 224.20-110, 224.46-580, 224.1-400, or who fails to perform any duties
imposed by these sections, or who violates any determination, permit,
administrative regulation, or order of the cabinet promulgated pursuant thereto shall
be liable for a civil penalty not to exceed the sum of twenty-five thousand dollars
($25,000) for each day during which such violation continues, and in addition, may
be concurrently enjoined from any violations as hereinafter provided in this section
and KRS 224.99-020.
Any person who violates KRS 224.10-110(4) or (5), or KRS 224.40-100, 224.40305, or any provision of this chapter relating to noise, or who fails to perform any
determination, permit, administrative regulation, or order of the cabinet
promulgated pursuant thereto shall be liable for a civil penalty not to exceed the
sum of five thousand dollars ($5,000) for said violation and an additional civil
penalty not to exceed five thousand dollars ($5,000) for each day during which such
violation continues, and in addition, may be concurrently enjoined from any
violations as hereinafter provided in this section and KRS 224.99-020.
(a) Any person who shall knowingly violate any of the provisions of this chapter
relating to noise or any determination or order of the cabinet promulgated
pursuant to those sections which have become final shall be guilty of a Class
A misdemeanor. Each day upon which the violation occurs shall constitute a
separate violation.
(b) For offenses by motor vehicles, a person shall be guilty of a violation.
Any person who knowingly violates KRS 224.70-110, 224.73-120, 224.40-100,
224.20-110, 224.20-050, 224.40-305, or 224.10-110(2) or (3), or any determination,
permit, administrative regulation, or order of the cabinet promulgated pursuant to
those sections which have become final, or who knowingly provides false
information in any document filed or required to be maintained under this chapter,
or who knowingly renders inaccurate any monitoring device or method, or who
tampers with a water supply, water purification plant, or water distribution system
so as to knowingly endanger human life, shall be guilty of a Class D felony, and
upon conviction thereof, shall be punished by a fine not to exceed twenty-five
thousand dollars ($25,000), or by imprisonment for a term of not less than one (1)
year and not more than five (5) years, or by both fine and imprisonment, for each
separate violation. Each day upon which a violation occurs shall constitute a
separate violation.
If any person engages in generation, treatment, storage, transportation, or disposal
of hazardous waste in violation of the hazardous waste management provisions of
this chapter or contrary to a permit, order, or rule issued or promulgated under this
chapter, or fails to provide information or to meet reporting requirements required
by terms and conditions of a permit or administrative regulations promulgated
pursuant to this chapter, the secretary may issue an order requiring compliance
within a specified time period or may commence a civil action in a court of
appropriate jurisdiction. The violator shall be liable for a civil penalty not to exceed
the sum of twenty-five thousand dollars ($25,000) for each day during which the
violation continues, and in addition, may be enjoined from any violations in a court
of appropriate jurisdiction.
(6) Any person who knowingly is engaged in generation, treatment, storage,
transportation, or disposal of hazardous waste in violation of this chapter or
contrary to a permit, order, or administrative regulation issued or promulgated under
this chapter, or knowingly makes a false statement, representation, or certification
in an application for or form pertaining to a permit or in a notice or report required
by the terms and conditions of an issued permit, shall be guilty of a Class D felony,
and upon conviction thereof, shall be punished by a fine not to exceed twenty-five
thousand dollars ($25,000) for each day of violation, or by imprisonment for a term
of not less than one (1) year and not more than five (5) years, or by both fine and
imprisonment, for each separate violation. Each day upon which a violation occurs
shall constitute a separate violation.
(7) Nothing contained in subsections (4) or (5) of this section shall abridge the right of
any person to recover actual compensatory damages resulting from any violation.
(8) Any person who violates any provision of this chapter to which no express penalty
provision applies, except as provided in KRS 211.995, or who fails to perform any
duties imposed by those sections, or who violates any determination or order of the
cabinet promulgated pursuant thereto shall be liable for 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 during which the
violation continues, and in addition, may be concurrently enjoined from any
violations as hereinafter provided in this section and KRS 224.99-020.
(9) The Franklin Circuit Court shall hold concurrent jurisdiction and venue of all civil,
criminal, and injunctive actions instituted by the cabinet or by the Attorney General
on its behalf for the enforcement of the provisions of this chapter or the orders and
administrative regulations of the cabinet promulgated pursuant thereto.
(10) Any person who deposits leaves, clippings, prunings, garden refuse, or household
waste materials in any litter receptacle, except with permission of the owner of the
receptacle, or who places litter into a receptacle in such a manner that the litter may
be carried away or deposited by the elements upon any property or water not owned
by him is guilty of a Class B misdemeanor.
(11) In addition to or in lieu of the penalties set forth in this section or in KRS Chapters
532 and 534, any person found guilty of a second or subsequent offense related to
littering may be ordered by the court to pick up litter for not less than four (4) hours.
(12) Any person who violates KRS 224.20-300, 224.20-310, any other provision of this
chapter, or any determination, permit, administrative regulation, or order of the
cabinet relating to the Asbestos Hazard Emergency Response Act of 1986
(AHERA), Public Law 99-519, as amended, shall be liable to the Commonwealth of
Kentucky for a civil penalty in an amount not to exceed twenty-five thousand
dollars ($25,000) for each violation. Each day a violation continues shall, for
purposes of this subsection, constitute a separate violation of provisions of this
chapter relating to AHERA.
(13) A violation of KRS 224.50-413 shall be subject to a fifty dollar ($50) fine for each
day the violation continues.
(14) Any person who removes a methamphetamine contamination notice posted under
KRS 224.1-410(9) contrary to the administrative regulations governing
methamphetamine contamination notice removal shall be guilty of a Class A
misdemeanor.
(15) Any person who leases, rents, or sells a property that has been determined to be
contaminated property under KRS 224.1-410(4) to a lessee, renter, or buyer without
giving written notice that the property is a contaminated property pursuant to KRS
224.1-410(10) shall be guilty of a Class D felony.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 161, sec. 2, effective July 15, 2008. -- Amended
1994 Ky. Acts ch. 162, sec. 2, effective July 15, 1994; and ch. 403, sec. 2, effective
July 15, 1994. – Amended 1992 Ky. Acts ch. 204, sec. 3, effective July 14, 1992;
and ch. 463, sec. 25, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 84, sec.
3, effective July 13, 1990; and ch. 434, sec. 1, effective July 13, 1990. - Amended
1988 Ky. Acts ch. 413, sec. 3, effective April 8, 1988. -- Amended 1986 Ky. Acts ch.
331, sec. 39, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 369, effective
July 13, 1984. -- Amended 1982 Ky. Acts ch. 22, sec. 2, effective July 15, 1982; ch.
74, sec. 19, effective July 15, 1982; and ch. 145, sec. 2, effective July 15, 1982. -Amended 1980 Ky. Acts ch. 264, sec. 12, effective July 15, 1980. -- Amended 1978
Ky. Acts ch. 113, sec. 12, effective June 17, 1978; ch. 119, sec. 14, effective June 17,
1978; and ch. 257, sec. 3, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 355,
secs. 8 and 10, effective June 21, 1974.
Formerly codified as KRS 224.994.
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