Kentucky Administrative Regulations
Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES
Chapter 7 - General Provisions
Section 405 KAR 7:095 - Assessment of civil penalties
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 350.990(1), 30 C.F.R. Parts 730-733, 735, 845, 917, 30 U.S.C. 1268
NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.990(1) requires the cabinet to promulgate an administrative regulation establishing the method for calculating monetary penalties. This administrative regulation establishes how and when penalties shall be assessed and includes a point system for calculating penalties, rules for assessing continuing violations, and a provision allowing waiver of the point system.
Section 1. How Penalty Assessments Shall Be Made. The cabinet shall review each violation, condition, or practice cited in a notice of noncompliance and order for remedial measures or order of cessation and immediate compliance in accordance with the assessment procedures established in 400 KAR 1:110 and this administrative regulation to determine if a civil penalty shall be assessed, the amount of the penalty, and if each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.
Section 2. Conditions for Penalty Assessment.
Section 3. Point System for Penalties. The cabinet shall use the point system established in this section to determine the amount of any penalty. Points shall be assigned as established in subsections (1) through (4) of this section
Section 4. Determination of Amount of Penalty. For each violation, condition, or practice cited in a notice or order, the cabinet shall determine the amount of any civil penalty by converting the total number of points assigned pursuant to Section 3 of this administrative regulation to a dollar amount, according to the schedule established in this section.
Penalty Schedule |
|||
Point |
Dollars |
Points |
Dollars |
1 |
20 |
36 |
1,600 |
2 |
40 |
37 |
1,700 |
3 |
60 |
38 |
1,800 |
4 |
80 |
39 |
1,900 |
5 |
100 |
40 |
2,000 |
6 |
120 |
41 |
2,100 |
7 |
140 |
42 |
2,200 |
8 |
160 |
43 |
2,300 |
9 |
180 |
44 |
2,400 |
10 |
200 |
45 |
2,500 |
11 |
220 |
46 |
2,600 |
12 |
240 |
47 |
2,700 |
13 |
260 |
48 |
2,800 |
14 |
280 |
49 |
2,900 |
15 |
300 |
50 |
3,000 |
16 |
320 |
51 |
3,100 |
17 |
340 |
52 |
3,200 |
18 |
360 |
53 |
3,300 |
19 |
380 |
54 |
3,400 |
20 |
400 |
55 |
3,500 |
21 |
420 |
56 |
3,600 |
22 |
440 |
57 |
3,700 |
23 |
460 |
58 |
3,800 |
24 |
480 |
59 |
3,900 |
25 |
500 |
60 |
4,000 |
26 |
600 |
61 |
4,100 |
27 |
700 |
62 |
4,200 |
28 |
800 |
63 |
4,300 |
29 |
900 |
64 |
4,400 |
30 |
1,000 |
65 |
4,500 |
31 |
1,100 |
66 |
4,600 |
32 |
1,200 |
67 |
4,700 |
33 |
1,300 |
68 |
4,800 |
34 |
1,400 |
69 |
4,900 |
35 |
1,500 |
70 and above |
5,000 |
Section 5. Assessment of Separate Violations for Each Day.
Section 6. Waiver of Use of Point System to Determine Civil Penalty.
Section 7. Incorporation by Reference.
STATUTORY AUTHORITY: KRS 350.020, 350.028, 350.465, 350.990(1), 30 C.F.R. Parts 730-733, 735, 845, 917, 30 U.S.C. 1268