Kentucky Statutes 149.348 – Assessment of civil penalties — Personal liability
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(1) 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 Legal Services. 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 KRS § 149.355 or the orders and administrative regulations promulgated by the cabinet.
(2) 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: July 14, 2018
History: Amended 2018 Ky. Acts ch. 29, sec. 49, effective July 14, 2018. — Amended
2015 Ky. Acts ch. 41, sec. 4, effective June 24, 2015. — Created 1998 Ky. Acts ch.
555, sec. 10, effective July 15, 1998.
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 Legal Services. 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 KRS § 149.355 or the orders and administrative regulations promulgated by the cabinet.
Terms Used In Kentucky Statutes 149.348
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Venue: The geographical location in which a case is tried.
(2) 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: July 14, 2018
History: Amended 2018 Ky. Acts ch. 29, sec. 49, effective July 14, 2018. — Amended
2015 Ky. Acts ch. 41, sec. 4, effective June 24, 2015. — Created 1998 Ky. Acts ch.
555, sec. 10, effective July 15, 1998.