{"data":{"id":"us-ky/krs-149.344","jurisdiction":"us-ky","citation":"KRS 149.344","heading":"Use of appropriate best management practices -- Violation --","body":"Noncompliance -- Administrative regulations governing bad actor designation\n-- Procedure after multiple violations -- Opportunity for administrative\nhearing.\n(1) Any logger or operator engaged in the conduct of any timber harvesting operations\nshall use appropriate best management practices.\n(2) No logger or operator shall conduct any timber harvesting operations in a manner\nthat is causing or will likely cause water pollution.\n(3) If the cabine t determines that a logger or operator engaged in timber harvesting\noperations has failed to use the appropriate best management practices or is causing\nwater pollution, the cabinet shall give the logger or operator a written warning of\nthe facts alleged to constitute the failure to use the best management practice or the\nwater pollution, and a reasonable period for abatement and compliance.\n(4) If, after the time for abatement in the written warning, the cabinet determines that\nthe logger or operator has f ailed to implement the appropriate best management\npractices or has failed to abate the water pollution, the logger or operator will be\nprovided an opportunity for an informal conference with the regional forester. After\nthe opportunity for an informal conference, if the cabinet determines that the logger\nor operator has failed to implement the appropriate best management practices or\nhas failed to abate the water pollution, the cabinet shall issue a notice of violation\nstating the best management practice that the logger or operator has failed to\nimplement or the facts alleged to constitute the water pollution, and order the logger\nor operator to implement corrective measures within a specified period of time.\n(5) If, after the issuance of a notice of viola tion, the logger or operator fails to\nimplement the best management practice or corrective measures, the cabinet shall\nissue a special order mandating the logger or operator to immediately implement the\nbest management practice or the corrective measures. The cabinet may also order\nthe logger or operator to cease all or a portion of the timber harvesting operation\nconstituting the violation, and if the cabinet does so, the logger or operator shall\ncease all or a portion of the timber harvesting operation, u ntil an inspection\ndetermines that the violation has been abated. At the time the special order is\nissued, the cabinet shall notify the logger or operator of the opportunity for an\nadministrative hearing under KRS 149.346(2), to be held within five (5) wor king\ndays of the receipt of a written request made by the logger or operator.\n(6) If the cabinet finds that any logger or operator is conducting any timber harvesting\noperations in violation of KRS 149.342(1) or in a manner that is causing or is likely\nto cause water pollution that is presenting or will likely present an imminent and\nsubstantial danger to the public health, safety, or welfare, or to the health of\nanimals, fish, or aquatic life, or to a public water supply, or to recreational,\ncommercial, ag ricultural, or industrial uses, the cabinet may issue an emergency\norder directing the logger or operator to immediately cease the activity and\nimplement corrective measures within a reasonable time, and the logger or operator\nshall immediately cease the activity and implement corrective measures. At the time\nthe order is issued, the cabinet shall also notify the logger or operator of the\nopportunity for an administrative hearing under KRS 149.346(2) to be held within\nfive (5) working days of the receipt of  a written request. The commencement of\nproceedings by the cabinet under subsection (3), (4), (5), or (10) of this section shall\nnot preclude the cabinet from issuing an emergency order under this subsection.\n(7) Notification under this section shall be by  certified mail, return receipt requested,\nsent to the last known address of the logger or operator, or by hand delivery by the\ncabinet.\n(8) If the logger or operator fails or refuses to cease activity or comply with and\nimplement the best management pract ices or corrective measures in a special order\nissued under subsection (5) of this section or fails to cease activity and implement\ncorrective measures in an emergency order under subsection (6) of this section,\nunless extended by the cabinet, the logger o r operator shall be deemed a bad actor\nand shall be subject to civil penalties under KRS 149.348 after an opportunity for a\nhearing under KRS 149.346. The cabinet shall have the authority to remove or\nterminate bad actor designations from loggers or operat ors that demonstrate\nadherence to implementing best management practices, have paid all fines and\npenalties imposed by the cabinet, and have completed corrective action on sites with\nviolations.\n(9) The cabinet may promulgate administrative regulations to establish rules and\nprocedures to remove or terminate the bad actor designation from a logger or\noperator that was previously designated a bad actor under subsection (8) of this\nsection.\n(10) If the cabinet determines that a logger or operator engaged in t imber harvesting\noperations has failed to use the appropriate best management practices in violation\nof this section, and the logger or operator has been issued two (2) or more bad actor\ndesignations under KRS 149.346, the cabinet shall immediately issue a  warning\nand, if the violations are not corrected after a period defined by the warning but no\nlonger than one (1) week, shall issue an order directing the logger or operator to\nimmediately cease the activity and implement corrective measures within a\nreasonable time, and the logger or operator shall immediately cease the activity and\nimplement corrective measures. At the time the order is issued, the cabinet shall\nalso notify the logger or operator of the opportunity for an administrative hearing\nunder KRS 149.346(2) to be held within five (5) working days of the receipt of a\nwritten request.\n(11) (a) Any logger or operator who has been designated a bad actor under subsection\n(8) of this section shall provide prior notice to the appropriate regional office\nor offices of the division before engaging in any timber harvesting operation\nregulated by the cabinet until he or she has paid all civil penalties and\nperformed all of the site remediation required by the cabinet.\n(b) The cabinet shall promulgate administ rative regulations in accordance with\nKRS Chapter 13A to set forth the form and manner of the notification\nrequired by this subsection. The notification requirements of this subsection\nshall take effect on the effective date of the administrative regulations required\nby this paragraph.\n(12) Beginning on January 1, 2016, if the cabinet finds that any logger or operator has\nthree (3) or more bad actor designations under subsection (8) o f this section, the\ncabinet shall issue an emergency order directing the logger or operator to\nimmediately cease all timber harvesting operations in the Commonwealth. Upon\nreceiving the emergency order, the logger or operator shall cease all timber\nharvesting operations in the Commonwealth until he or she has performed all of the\nsite remediation required by the cabinet and has either paid all civil penalties or\nremains up to date on a payment plan for civil penalties with the cabinet. At the\ntime the order  is issued, the cabinet shall also notify the logger or operator of the\nopportunity for an administrative hearing under KRS 149.346(2) to be held within\nfive (5) working days of the receipt of a written request. The commencement of\nproceedings by the cabinet under subsection (3), (4), (5), or (10) of this section shall\nnot preclude the cabinet from issuing an emergency order under this subsection. A\nlogger or operator who otherwise complies with the requirements of this subsection\nshall not be required to r emove any of his or her bad actor designations as a\ncondition of being allowed to restart timber harvesting operations in the\nCommonwealth.\n(13) All bad actor designations issued under subsection (8) of this section, including\nthose issued prior to June 24 , 2015, shall be included in determining the\napplicability of this section to any logger or operator.","path":["KRS Chapter 149"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44396","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:42Z","sha256":"0aa6edee2f0cfda697557c241b80918bad268dad6d0013d8c9a1c01b1ffd3913","source_id":"us-ky","stale":false,"prev":"us-ky/krs-149.342","next":"us-ky/krs-149.346"},"notice":"GroundRules: Original legal text. Not legal advice."}