Kentucky Statutes 224.60-155 – Penalty
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(1) Any underground storage tank owner or operator who fails to comply with KRS
224.60-105 or regulations promulgated thereto shall be subject to a civil penalty not to exceed five thousand dollars ($5,000) for each day of violation.
(2) In determining the civil penalty to be imposed pursuant to this section, the cabinet or court shall consider all relevant circumstances including, but not limited to, the extent of harm or potential harm caused by the violation, the nature and duration of the violation, the number of past violations, and any corrective action taken by the underground tank owner or operator.
(3) No civil penalty may be imposed under this section if the underground storage tank owner or operator already has been penalized for the same violation under federal regulations.
(4) The United States Environmental Protection Agency, for purposes of collecting civil penalties, is not a third-party claimant under any of the provisions of KRS
224.60-105 to 224.60-160.
Effective: April 9, 1990
History: Created 1990 Ky. Acts ch. 370, sec. 11, effective April 9, 1990.
Formerly codified as KRS § 224.824.
224.60-105 or regulations promulgated thereto shall be subject to a civil penalty not to exceed five thousand dollars ($5,000) for each day of violation.
Terms Used In Kentucky Statutes 224.60-155
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Storage: means the containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See Kentucky Statutes 224.1-010
(2) In determining the civil penalty to be imposed pursuant to this section, the cabinet or court shall consider all relevant circumstances including, but not limited to, the extent of harm or potential harm caused by the violation, the nature and duration of the violation, the number of past violations, and any corrective action taken by the underground tank owner or operator.
(3) No civil penalty may be imposed under this section if the underground storage tank owner or operator already has been penalized for the same violation under federal regulations.
(4) The United States Environmental Protection Agency, for purposes of collecting civil penalties, is not a third-party claimant under any of the provisions of KRS
224.60-105 to 224.60-160.
Effective: April 9, 1990
History: Created 1990 Ky. Acts ch. 370, sec. 11, effective April 9, 1990.
Formerly codified as KRS § 224.824.