{"data":{"id":"us-ky/krs-149.348","jurisdiction":"us-ky","citation":"KRS 149.348","heading":"Assessment of civil penalties -- Personal liability.","body":"(1) Any operator or logger who is deemed by the cabinet to be a bad actor under KRS\n149.344(8) or who violates KRS 149.342(1) or 149.344(11) may, after an\nopportunity for an administrative hearing, be assessed a civil penalty not to exceed\none thousand dollars  ($1,000) for each violation. In determining the amount of the\npenalty, consideration shall be given to the operator's or logger's history of\nnoncompliance; the seriousness of the violation and any damage caused, including\nany irreparable harm to the envir onment or hazard to public health or safety or the\nhealth and safety of animals, fish, or aquatic life; the degree of fault and whether the\nconduct was intentional or negligent; and the demonstrated good faith in remedying\nthe pollution. The penalties shall be recoverable in an action brought in the name of\nthe Commonwealth of Kentucky by the cabinet's Office of Legal Services. All sums\nrecovered shall be deposited in the Forest Stewardship Incentives Fund. The Circuit\nCourt in the county in which the viola tion occurred shall have concurrent\njurisdiction and venue of all civil and injunctive actions instituted by the cabinet for\nthe enforcement of the provisions of KRS 149.330 to 149.355 or the orders and\nadministrative regulations promulgated by the cabinet.\n(2) Notwithstanding KRS Chapters 271B to 275 or any other provision of law to the\ncontrary, any director, officer, or agent of an operator or logger doing business as a\npartnership, corporation, association, society, joint stock company, firm, company,\nor business organization shall be personally liable, jointly and severally, for the civil\npenalties incurred by the operator or logger under this section.","path":["KRS Chapter 149"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47566","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:42Z","sha256":"311e9bc22b4864020a2aeaf0390aa97faf22373261c2cb309cb7db8589329308","source_id":"us-ky","stale":false,"prev":"us-ky/krs-149.346","next":"us-ky/krs-149.350"},"notice":"GroundRules: Original legal text. Not legal advice."}