KRS 149.348: Assessment of civil penalties -- Personal liability.

(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 envir onment 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 viola tion 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 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.