{"data":{"id":"us-ky/krs-224.71-130","jurisdiction":"us-ky","citation":"KRS 224.71-130","heading":"Noncompliance with agriculture water quality plan.","body":"(1) For purposes of KRS 224.71 -100 to 224.71 -140, if the cabinet's Division of Water\ndocuments that a person engaged in agriculture operations is conducting or allowing\nthe conduct of any agriculture operation in a manner which results in water\npollution or if  the person fails to implement the provisions of the applicable\nagriculture water quality plan, the Division of Water shall notify the person in\nwriting, with a copy of the notice to the appropriate conservation district, of the\nfollowing:\n(a) The facts al leged to constitute the water pollution or failure to comply with\napplicable laws or requirements of the agriculture water quality plan alleged to\nconstitute the noncompliance;\n(b) Availability of any technical and financial assistance from state or federa l\nsources through the conservation districts; and\n(c) Set forth a reasonable period for compliance or, the person engaged in\nagriculture operations may submit a compliance plan which may include a\ncompliance schedule with corrective measures designed to co rrect the failure\nto conform with the applicable provisions of the agriculture water quality plan\nsubject to approval by the Division of Water. A compliance schedule may\nincorporate corrective measures and time schedules recommended by the\nappropriate cons ervation district, if requested by persons engaged in\nagriculture operations.\n(2) If any person engaged in agriculture operations fails or refuses to comply or respond\nto the written notice, unless excused or extended by the Division of Water, the\nperson shall be deemed a \"bad actor\" and shall be subject to enforcement action for\nviolations of KRS 224.71-100 to 224.71-140 as well as loss of eligibility for further\nfinancial assistance.\n(3) In any violation issued under this section, the cabinet shall consid er the compliance\nof a person with the state and any regional agriculture water quality plan as a\nmitigating factor in determining whether to impose civil penalties.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10528","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:42Z","sha256":"46d489ab1fab2aba7872d39a6824e6cee7a604bda224c8c45ff2a6a88934c792","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.71-120","next":"us-ky/krs-224.71-135"},"notice":"GroundRules: Original legal text. Not legal advice."}
