KRS 224.71-130: Noncompliance with agriculture water quality plan.

(1) For purposes of KRS 224.71 -100 to 224.71 -140, if the cabinet's Division of Water

documents that a person engaged in agriculture operations is conducting or allowing

the conduct of any agriculture operation in a manner which results in water

pollution or if the person fails to implement the provisions of the applicable

agriculture water quality plan, the Division of Water shall notify the person in

writing, with a copy of the notice to the appropriate conservation district, of the

following:

(a) The facts al leged to constitute the water pollution or failure to comply with

applicable laws or requirements of the agriculture water quality plan alleged to

constitute the noncompliance;

(b) Availability of any technical and financial assistance from state or federa l

sources through the conservation districts; and

(c) Set forth a reasonable period for compliance or, the person engaged in

agriculture operations may submit a compliance plan which may include a

compliance schedule with corrective measures designed to co rrect the failure

to conform with the applicable provisions of the agriculture water quality plan

subject to approval by the Division of Water. A compliance schedule may

incorporate corrective measures and time schedules recommended by the

appropriate cons ervation district, if requested by persons engaged in

agriculture operations.

(2) If any person engaged in agriculture operations fails or refuses to comply or respond

to the written notice, unless excused or extended by the Division of Water, the

person shall be deemed a "bad actor" and shall be subject to enforcement action for

violations of KRS 224.71-100 to 224.71-140 as well as loss of eligibility for further

financial assistance.

(3) In any violation issued under this section, the cabinet shall consid er the compliance

of a person with the state and any regional agriculture water quality plan as a

mitigating factor in determining whether to impose civil penalties.