Kentucky Statutes 77.990 – Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1) A person who violates any provision of this chapter shall be liable for the assessment by the district of a civil penalty not to exceed ten thousand dollars ($10,000). Every day or any portion thereof during which the violation occurs or continues shall constitute a separate offense. If the violation is not settled by the payment of an assessment to the district, the district may proceed by a civil or criminal action with the penalties provided in subsections (2), (3), and (4) of this section. After a civil or criminal action reaches final adjudication in court, the district shall not assess a further civil penalty for the violation.
(2) In a civil action, a person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000). Every day or any portion thereof during which the violation occurs or continues shall constitute a separate offense.
(3) In a criminal action, any person who violates any provision of this chapter shall be punished by a fine not to exceed ten thousand dollars ($10,000) or by imprisonment for a term of less than ninety (90) days. Every day or any portion thereof during which the violation occurs or continues shall constitute a separate offense.
(4) Any person who knowingly violates any provision of this chapter, 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 shall upon conviction be punished by a fine not to exceed ten thousand dollars ($10,000), 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. Every day or any portion thereof during which the violation occurs or continues shall constitute a separate offense.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 420, sec. 11, effective July 15, 1994. — Amended
1972 Ky. Acts ch. 362, sec. 1. — Amended 1954 Ky. Acts ch. 173, sec. 3, effective
June 17, 1954. — Created 1952 Ky. Acts ch. 53, secs. 43 and 61(2).
(2) In a civil action, a person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000). Every day or any portion thereof during which the violation occurs or continues shall constitute a separate offense.
Terms Used In Kentucky Statutes 77.990
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- District: means an air pollution control district. See Kentucky Statutes 77.005
- Person: means any individual, firm, copartnership, joint adventure, association, corporation, social club, fraternal organization, estate, trust, receiver, syndicate, any county, city, municipality, district (for air pollution control or otherwise), or other political subdivision, or any group or combination acting as a unit, and the plural as well as the singular unit. See Kentucky Statutes 77.005
- Year: means calendar year. See Kentucky Statutes 446.010
(3) In a criminal action, any person who violates any provision of this chapter shall be punished by a fine not to exceed ten thousand dollars ($10,000) or by imprisonment for a term of less than ninety (90) days. Every day or any portion thereof during which the violation occurs or continues shall constitute a separate offense.
(4) Any person who knowingly violates any provision of this chapter, 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 shall upon conviction be punished by a fine not to exceed ten thousand dollars ($10,000), 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. Every day or any portion thereof during which the violation occurs or continues shall constitute a separate offense.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 420, sec. 11, effective July 15, 1994. — Amended
1972 Ky. Acts ch. 362, sec. 1. — Amended 1954 Ky. Acts ch. 173, sec. 3, effective
June 17, 1954. — Created 1952 Ky. Acts ch. 53, secs. 43 and 61(2).