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149.348 Assessment of civil penalties.

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Page 1 of 1 149.348 Assessment of civil penalties. Any operator or logger who is deemed by the division to be a bad actor under KRS <br>149.344(8) or who violates KRS 149.342(1) may, after an opportunity for an <br>administrative hearing, be assessed a civil penalty not to exceed one thousand dollars <br>(&#36;1,000) for each violation. In determining the amount of the penalty, consideration shall <br>be given to the operator's or logger's history of noncompliance; the seriousness of the <br>violation and any damage caused, including any irreparable harm to the environment or <br>hazard to public health or safety or the health and safety of animals, fish, or aquatic life; <br>the degree of fault and whether the conduct was intentional or negligent; and the <br>demonstrated good faith in remedying the pollution. The penalties shall be recoverable in <br>an action brought in the name of the Commonwealth of Kentucky by the cabinet's Office <br>of Legal Services. All sums recovered shall be deposited in the Forest Stewardship <br>Incentives Fund. The Circuit Court in the county in which the violation occurred shall <br>have concurrent jurisdiction and venue of all civil and injunctive actions instituted by the <br>cabinet for the enforcement of the provisions of KRS 149.330 to 149.355 or the orders <br>and administrative regulations promulgated by the cabinet. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 555, sec. 10, effective July 15, 1998.