{"data":{"id":"us-ky/krs-367.4917","jurisdiction":"us-ky","citation":"KRS 367.4917","heading":"Penalties -- Payment and apportionment of civil penalties -- Enforcement","body":"by Public Service Commission -- Written agreement form -- Administrative\nregulations.\n(1) An excavator who fails to comply with any provision of KRS 367.4911, or an\noperator who fails to comply with any provision of KRS 367.4909 may be subject\nto a civil penalty of two hundred fifty dollars ($250) for the first violation, no more\nthan one thousand dollars ($1,000) for the second violation and no more than three\nthousand dollars ($3,000) for the third and any subsequent violation. A violation\nshall be considered a first violation under this subsection if more than three hundred\nsixty-five (365) days have elapsed since the last incident attributable to a person in\nviolation of KRS 367.4909 or 367.4911. If a person commits a violation in the\ncourse and scope of employment, the penalties shall be imposed on the employer.\n(2) A protection notification center that fails to comply with any provision of KRS\n367.4913 shall be s ubject to a civil penalty of one thousand dollars ($1,000) for\neach violation.\n(3) A person that knowingly provides false notice to a utility notification center of an\nemergency as defined in KRS 367.4903 shall be subject to a civil penalty of one\nthousand dollars ($1,000) for each violation.\n(4) Any person who violates any provision of the Underground Facility Damage\nPrevention Act of 1994, KRS 367.4901 to 367.4917, that involves damage to a\nfacility containing any flammable, toxic, corrosive, or hazardous  material or results\nin the release of any flammable, toxic, corrosive, or hazardous material shall be\nsubject to a civil penalty, in addition to the civil penalty in subsection (1) of this\nsection, not to exceed one thousand dollars ($1,000) for each viol ation. The\npenalties of this subsection are not in conflict with and are in addition to civil\ndamages for personal injury or property damage.\n(5) (a) Except as provided in subsection (6) of this section, all civil penalties\nrecovered for a violation of this section shall be paid to the general fund of the\nstate, county, city, or fire protection agency which issued the citation.\n(b) In the event that more than one (1) government agency was involved, the court\nshall direct an apportionment of the civil penalties.\n(c) Failure to comply with the provisions of the Underground Facility Damage\nPrevention Act of 1994, KRS 367.4901 to 367.4917, may be determined at the\nconclusion of an investigation and shall be based on evidence available to\nstate, county, or city o fficials, law enforcement, or fire protection agencies\nwhich issue the citation.\n(6) The commission shall have statewide authority to enforce and assess civil penalties\nprovided for in this section and to seek injunctive relief for any violation that results\nin damage to an underground facility used to transport gas or hazardous liquid\nsubject to the federal pipeline safety laws, 49 U.S.C. secs. 60101 et seq. Once the\ncommission initiates an investigation or undertakes an enforcement action against a\nperson for an alleged violation, no other state, county, city, or fire protection agency\nshall initiate or continue any enforcement action against the person for the same\nalleged violation. Any action to recover penalties assessed pursuant to this\nsubsection shall be brought in the Franklin Circuit Court. All penalties recovered by\nthe commission shall be paid into the State Treasury and credited to the account of\nthe commission.\n(7) The commission shall make available on its Web site a written agreement form for\nan operator and an excavator to agree to a date or series of dates by which time the\nlocate request must be completed if different from those dates established in KRS\n367.4909. The form shall contain but is not limited to the parties' names, the locate\nrequest number, the date requested, and the location. The parties shall make the\nexecuted agreement form available upon request of the commission.\n(8) The commission may promulgate administrative regulations in accordance with\nKRS Chapter 13A to enforce the Underground Facility Damage Prevention Act of\n1994. The commission shall exercise its authority under the Underground Facility\nDamage Prevention Act of 1994 in accordance with the rules and procedures set\nforth in KRS Chapter 278 and all applicable adminis trative regulations promulgated\nby the commission.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51782","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"71afe42fbf4dd4d36441305d16c68a21e039cd8a4d6066e5df30f0a974db3b87","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.4915","next":"us-ky/krs-367.500"},"notice":"GroundRules: Original legal text. Not legal advice."}