{"data":{"id":"us-ky/krs-353.455","jurisdiction":"us-ky","citation":"KRS 353.455","heading":"Noncompliance with, or failure to abate violations of, KRS 353.411 to","body":"353.459 -- Penalties -- Orders -- Actions -- Venue.\n(1) (a) If a person or operator fails to comply with the requirements of KRS 353.411\nto 353.459 or any administrative re gulation or order promulgated or issued\nthereunder, the cabinet shall issue a notice of noncompliance to the person or\noperator and serve the notice in accordance with subsection (5) of this section.\nThe notice shall specify the nature of the violation, th e remedial action\nrequired to abate the violation, and the period of time set by the cabinet for\nabatement of the violation.\n(b) If a person or operator fails to abate the violation within the time prescribed in\nthe notice, the cabinet shall issue a failur e to abate cessation order to the\nperson or operator and serve the notice in accordance with subsection (5) of\nthis section. The order shall:\n1. Require the person or operator to immediately complete remedial\nactions to abate the violation described in the  notice and to cease any\nunderground injection activity at the sequestration facility or site where\nthe violation is occurring; and\n2. Remain in effect until the violation has been abated or the order is\nvacated or terminated in writing by the cabinet.\n(c) The cabinet shall issue a forfeiture order and order the financial responsibility\ninstruments covering the sequestration facility be forfeited to the cabinet if:\n1. An agreement has not been reached with the cabinet regarding the\nalleged failure to comply with the notice to abate the violation; and\n2. The director determines the operator has not complied with the\nrequirements set forth in the notice of noncompliance or the failure to\nabate cessation order.\n(d) The forfeiture order shall become effective th irty (30) days after the cabinet\ngives the operator notice of the order, unless a petition has been filed pursuant\nto KRS 353.700, in which case the forfeiture order shall become effective\nonly upon a final determination of the secretary affirming the forf eiture order\nfollowing the conclusion of the petition process.\n(2) (a) In addition to a notice of noncompliance or failure to abate cessation order\nissued pursuant to subsection (1) of this section, the cabinet may issue a\nclosure order to any person or operator where:\n1. A sequestration facility is in violation of KRS 353.41 1 to 353.459 or\nany administrative regulation or order promulgated or issued thereunder,\nand the violation creates an imminent danger to the health or safety of\nthe public or is causing or can be reasonably expected to cause\nsignificant imminent environmental harm; or\n2. A sequestration facility is in operation by any person without first\nposting financial responsibility and obtaining written approval of the\ncabinet.\n(b) The closure order shall be affixed by a red tag marker at the conspicuous\nlocation at the facility with a letter of violation and a copy of the closure order\nmailed to the address of record for the responsible person or operator, if an\naddress is on file with the cabinet. The letter of violation and closure order\nshall notify the person or operator to immediately:\n1. Cease operation of the sequestration facility; and\n2. Abate the violation.\n(c) Any person operating a sequestration facility under the circumstances\ndescribed in paragraph (a)2. of this subsection may be ordered to either\nsubmit financial responsibility and obtain transfer of the facility or complete\nfinal reclamation and site closure for the facility, but the order does not relieve\nany prior obligation owed by the current operator of record. The closure order\nmay be appealed pursuant to KRS 353.700 within thirty (30) days of issuance.\nAny person or operator that fails to comply with a closure order issued\npursuant to this section shall be subject to a civil and criminal penalty under\nKRS 353.990.\n(3) (a) A copy of:\n1. All enforcem ent documents under this section shall be served on the\nsurface and pore space owner, if they are different from the property\nowner, where the violation occurred; and\n2. The notice, at the time of issuance, shall be delivered to the complaining\nparty if he  or she is different from the operator, and if the enforcement\ndocument arises out of a citizen complaint.\n(b) Resolution of the enforcement action issued under this section shall require\nreimbursement of costs incurred by the cabinet.\n(4) When it appears that any person is violating or threatening to violate any provision\nof KRS 353.411 to 353.459 or any rule, administrative regulation, or order\npromulgated or issued thereunder, the cabinet may bring suit to restrain the person\nfrom continuing the violatio n or from carrying out the threatened violation. A suit\nbrought under this subsection shall:\n(a) Be filed in the:\n1. Franklin Circuit Court;\n2. Circuit Court of the county in which the violation occurred or is\nthreatened; or\n3. Circuit Court of the county in which the defendant resides or in which\nany defendant resides if there is more than one (1) defendant; and\n(b) Give the court jurisdiction to grant without bond or other undertaking the\nprohibitory or mandatory injunction, as the facts may warrant, incl uding a\ntemporary restraining order or injunction.\n(5) (a) Service of any notice or order issued under this section shall be:\n1. Handed to the person in charge of the sequestration facility;\n2. Sent by certified mail, return receipt requested, addressed to  the\npermanent address shown on the application for a permit;\n3. Sent by electronic mail to the address shown on the permit application\nor to an address provided to the cabinet voluntarily; or\n4. Sent by certified or electronic mail to the address known to  the cabinet,\nif no address is shown on the application for a permit or the address is\nno longer valid.\n(b) Service in accordance with paragraph (a)3. or 4. of this subsection shall be\neffective upon delivery of the notice or the order to the recipient's i nbox by\nemail and verification sent to the cabinet by an electronic registered receipt.\n(6) The commencement of a proceeding pursuant to KRS 353.700 shall not operate as a\nstay of a notice or order, including a notice or order that contains the requirement  to\ncomplete all remedial measures to abate the cited violation, issued under this\nsection. A party served with a notice or order under this section may request a stay\nof the notice or order by filing a written petition for temporary relief with the\ncabinet's Office of Administrative Hearings. A hearing on the petition shall occur\nwithin ten (10) days of the office's receipt of the petition for temporary relief unless\nthe petitioner waives this requirement. The hearing officer shall render a decision\non the petition for temporary relief within three (3) working days of the hearing. A\nparty aggrieved by the decision of the hearing officer may file a written request for\nreview by the secretary. Temporary relief may be granted from a notice or order\nissued under this section if:\n(a) The person requesting relief shows that there is substantial likelihood that the\nfindings on the merits in an administrative hearing conducted by the cabinet\nwill be favorable to the person; and\n(b) The relief will not adversely affect the public health or safety or cause\nsignificant imminent environmental harm to land, air, or water resources.\n(7) (a) If the cabinet fails to bring suit to enjoin a violation or threatened violation of\nany provision of  KRS 353.411 to 353.459 or any rule, administrative\nregulation, or order promulgated or issued thereunder within ten (10) days\nafter receipt of a written request to do so by any person who is or will be\nadversely affected by the violation, the person makin g the request may bring\nsuit to restrain the violation or threatened violation in any court in which the\ncabinet might have brought suit.\n(b) The cabinet shall be made a party defendant in the suit in addition to the\nperson allegedly violating or threateni ng to violate a provision of KRS\n353.411 to 353.459, or any rule, administrative regulation, or order\npromulgated or issued thereunder.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57880","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:39Z","sha256":"b54e6167f66e97e6ff5911cb6e0ea8dc7f215729ca19854f2c04f4597c07690a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.453","next":"us-ky/krs-353.459"},"notice":"GroundRules: Original legal text. Not legal advice."}