405 KAR 30:170. Citizen demands for

enforcement.

 

      RELATES TO: KRS 224.091, 350.250, 350.600

      STATUTORY AUTHORITY: KRS 224.033,

224.091, 350.028, 350.050, 350.250, 350.600

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

350.600 requires the Environmental and Public Protection Cabinet to develop administrative

regulations for oil shale operations to minimize and prevent their adverse

effects on the citizens and the environment of the Commonwealth. This

administrative regulation pertains to demands by citizens upon the cabinet to

enforce the statutes and administrative regulations pertaining to oil shale

operations which it is the cabinet's duty to enforce. This administrative

regulation also delineates the procedural requirements of such demands.

 

      Section 1. Citizen Demands for

Enforcement. Any citizen of this Commonwealth having knowledge that any of the

statutes and administrative regulations pertaining to oil shale operations

which it is the cabinet's duty to enforce may bring such failure to enforce to

the attention of the department according to the provisions of this

administrative regulation.

 

      Section 2. Procedure. (1) All demands to

enforce the law must be in writing, under oath, with facts set forth

specifically stating the nature of the failure to enforce the law with

sufficient information to identify the statutory provision, administrative

regulation, order, or permit condition allegedly violated and the act or

omission alleged to constitute a violation.

      (2) The demand shall state the name,

address and telephone number of the person making the demand.

      (3) The demand shall state the name,

address and telephone number of legal counsel, if any, of the person making the

demand.

      (4) The knowing statement of false facts

and charges in such affidavit shall constitute perjury and shall subject the

affiant to penalties under the law of perjury.

      (5) The cabinet shall investigate the

allegations made in the demand and respond, in writing, to the person making

such demand. The response shall specifically state the results of the

investigation and the action, if any, the cabinet has taken or intends to take.

 

      Section 3. Citizen Suits. If the cabinet

neglects or refuses for any unreasonable time but in no event longer than sixty

(60) days after demand to enforce such provisions, any such citizen shall have

the right to bring an action of mandamus in the circuit court of the county in

which the operation which relates to the alleged lack of enforcement is being

conducted. However, such action may be brought immediately after a demand for

enforcement when the violation or order complained of constitutes an imminent

threat to the health or safety of the complaining citizen or would immediately

affect a legal interest of the complaining citizen. (8 Ky.R. 108; Am. 477; eff.

3-1-82; TAm eff. 8-9-2007.)