KRS 224.60-155: Penalty.

(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 civ il 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 num ber 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 un der 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.