Kentucky Statutes 211.869 – Penalties
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(1) Any person who fails to comply with any provision of KRS § 211.859 or 211.863, or with any administrative regulations promulgated pursuant to KRS § 211.859 or
211.865, or fails to comply with any order of the cabinet issued pursuant to KRS
For details, see § 532.060
211.859 or KRS § 211.863 and KRS § 211.865 shall be assessed a civil penalty not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day of the violation or noncompliance shall constitute a separate offense.
(2) Any person who fails to pay a civil penalty imposed pursuant to subsection (1) of this section, or any portion of that penalty, shall be liable in a civil action in an amount not to exceed four (4) times the amount imposed and not paid. Any civil penalties recovered shall be deposited into the State Treasury and credited to a trust and agency fund to be used by the cabinet in carrying out the provisions of KRS
211.861 to 211.869.
(3) Any person who intentionally violates a provision of KRS § 211.863 shall be guilty of a Class D felony.
(4) At the request of the cabinet, the Attorney General shall, on behalf of the Commonwealth of Kentucky, bring an action for the recovery of any civil penalty or the prosecution of any criminal offense in violation of KRS § 211.863 and KRS § 211.865.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 46, sec. 5, effective July 15, 1998.
211.865, or fails to comply with any order of the cabinet issued pursuant to KRS
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 211.869
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
211.859 or KRS § 211.863 and KRS § 211.865 shall be assessed a civil penalty not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day of the violation or noncompliance shall constitute a separate offense.
(2) Any person who fails to pay a civil penalty imposed pursuant to subsection (1) of this section, or any portion of that penalty, shall be liable in a civil action in an amount not to exceed four (4) times the amount imposed and not paid. Any civil penalties recovered shall be deposited into the State Treasury and credited to a trust and agency fund to be used by the cabinet in carrying out the provisions of KRS
211.861 to 211.869.
(3) Any person who intentionally violates a provision of KRS § 211.863 shall be guilty of a Class D felony.
(4) At the request of the cabinet, the Attorney General shall, on behalf of the Commonwealth of Kentucky, bring an action for the recovery of any civil penalty or the prosecution of any criminal offense in violation of KRS § 211.863 and KRS § 211.865.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 46, sec. 5, effective July 15, 1998.