2021 Kentucky Revised Statutes Chapter 367 - Consumer protection 367.4917 Penalties -- Payment and apportionment of civil penalties -- Enforcement by Public Service Commission -- Written agreement form -- Administrative regulations. (Effective January 1, 2022).
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367.4917
Penalties -- Payment and apportionment of civil penalties -Enforcement by Public Service Commission -- Written agreement form -Administrative regulations.
(Effective January 1, 2022)
(1)
(2)
(3)
(4)
(5)
(6)
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 may be
subject to a civil penalty of two hundred fifty dollars ($250) for the first violation,
no more than one thousand dollars ($1,000) for the second violation and no
more than three thousand dollars ($3,000) for the third and any subsequent
violation. A violation shall be considered a first violation under this subsection if
more than three hundred sixty-five (365) days have elapsed since the last
incident attributable to a person in violation of KRS 367.4909 or 367.4911. If a
person commits a violation in the course and scope of employment, the
penalties shall be imposed on the employer.
A protection notification center that fails to comply with any provision of KRS
367.4913 shall be subject to a civil penalty of one thousand dollars ($1,000) for
each violation.
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 civil penalty of
one thousand dollars ($1,000) for each violation.
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 civil penalty, in addition to the civil penalty in subsection
(1) of this section, not to exceed one thousand dollars ($1,000) for each
violation. The penalties of this subsection are not in conflict with and are in
addition to civil damages for personal injury or property damage.
(a) Except as provided in subsection (6) of this section, all civil penalties
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 civil penalties.
(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.
The commission shall have statewide authority to enforce and assess civil
penalties provided for in this section and to seek injunctive relief for any
violation that results in damage to an underground facility used to transport gas
or hazardous liquid subject to the federal pipeline safety laws, 49 U.S.C. secs.
60101 et seq. Once the commission initiates an investigation or undertakes an
enforcement action against a person for an alleged violation, no other state,
county, city, or fire protection agency shall initiate or continue any enforcement
action against the person for the same alleged violation. Any action to recover
penalties assessed pursuant to this subsection shall be brought in the Franklin
Circuit Court. All penalties recovered by the commission shall be paid into the
(7)
(8)
State Treasury and credited to the account of the commission.
The commission shall make available on its Web site a written agreement form
for an operator and an excavator to agree to a date or series of dates by which
time the locate request must be completed if different from those dates
established in KRS 367.4909. The form shall contain but is not limited to the
parties' names, the locate request number, the date requested, and the
location. The parties shall make the executed agreement form available upon
request of the commission.
The commission may promulgate administrative regulations in accordance with
KRS Chapter 13A to enforce the Underground Facility Damage Prevention Act
of 1994. The commission shall exercise its authority under the Underground
Facility Damage Prevention Act of 1994 in accordance with the rules and
procedures set forth in KRS Chapter 278 and all applicable administrative
regulations promulgated by the commission.
Effective:January 1, 2022
History: Amended 2021 Ky. Acts ch. 80, sec. 5, effective January 1, 2022. -Amended 2018 Ky. Acts ch. 70, sec. 5, effective July 14, 2018. -- 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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