405 KAR 30:170. Citizen demands for
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
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
(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.)