353.991 Penalties for violation of KRS 353.500 to 353.720 and 353.735 to 353.747.
479 words·~2 min read·
/ky/chapter-353/353-991A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who violates KRS 353.570(1) shall be subject to a civil penalty
assessed by the cabinet of not more than one thousand dollars ($1,000), and the
department may require the proper plugging of the well. The civil penalty order may
be appealed pursuant to KRS 353.700 within thirty
(30)days of assessment. Any
person who knowingly and willfully violates KRS 353.570(1) shall upon conviction
be guilty of a Class A misdemeanor and subject to a fine of not more than one
thousand dollars ($1,000) or imprisonment for a term not exceeding one hundred
and eighty
(180)days, or both.
(2)Any person who continues to violate any provision of KRS 353.500 to 353.720 or
353.735 to 353.747, or any regulation or order promulgated or issued under KRS
353.500 to 353.720 or 353.735 to 353.747, after being notified in writing of the
violation by the department shall upon conviction be guilty of a Class A
misdemeanor and be subject to a fine of not more than one thousand dollars
($1,000) or imprisonment for a term not exceeding one hundred and eighty
days, or both.
(3)Any person who does any of the following for the purpose of evading or violating
KRS 353.500 to 353.720 or 353.735 to 353.747, or any regulation or order
promulgated or issued under KRS 353.500 to 353.720 or 353.735 to 353.747, shall
upon conviction be guilty of a Class A misdemeanor and be subject to a fine of not
more than one thousand dollars ($1,000) or imprisonment for a term not exceeding
one hundred and eighty
(180)days, or both:
(a)Makes or causes to be made a false entry or statement in a report, record,
account or memorandum, required by KRS 353.500 to 353.720 or 353.735 to
353.747, or by any regulation or order;
(b)Omits or causes to be omitted from a report, record, account or memorandum
full, true, and correct entries and information as required by KRS 353.500 to
353.720 or 353.735 to 353.747, or by any regulation or order;
(c)Removes from this Commonwealth or destroys, mutilates, alters or falsifies a
report, record, account or memorandum required by KRS 353.500 to 353.720
or 353.735 to 353.747, or by any regulation or order.
(4)Any person who knowingly aids or abets any other person in the violation of any
provision of KRS 353.500 to 353.720 or 353.735 to 353.747, or any regulation or
order promulgated or issued under KRS 353.500 to 353.720 or 353.735 to 353.747,
shall be subject to the same penalty as that prescribed in this section for the
violation by the other person.
(5)All civil penalties recovered under this section shall be deposited into the oil and
gas well plugging fund established in KRS 353.590(27) and shall be for the
plugging of any abandoned wells coming within the authority of the department
pursuant to this chapter.