405 KAR 30:110. Public participation in inspection and enforcement

Link to law: http://www.lrc.ky.gov/kar/405/030/110.htm
Published: 2015

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      405 KAR 30:110. Public participation in

inspection and enforcement.


      RELATES TO: KRS 350.600


350.028, 350.050, 350.600


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 provides for citizen participation in the

inspection and enforcement process. The administrative regulation provides for

citizen request for inspection.


      Section 1. Citizen Request for

Inspection. (1) Any person having an interest which is or may be adversely

affected by an oil shale operation, may request that the cabinet conduct an

inspection by furnishing to an authorized employee, a signed, written

statement, giving the authorized employee reason to believe that a violation,

condition, or practice in violation of applicable laws and administrative regulations

or permit conditions exists, and setting forth a telephone number and address

at which the person can be contacted.

      (2) The identity of any person supplying

information to the cabinet relating to a possible violation or imminent danger

or harm shall remain confidential with the cabinet, if requested by that

person, unless disclosure is required by law.

      (3) Within ten (10) days of the

inspection, or if there is no inspection, within fifteen (15) days of receipt

of the person's written statement, the cabinet shall send to the person the


      (a) If no inspection was conducted, an

explanation of the reasons why no inspection was conducted;

      (b) If an inspection was conducted, a

description of the enforcement action taken, if any, which may consist of

copies of the inspection report and all notices and orders issued as a result

of the inspection or an explanation of why no enforcement action was taken. (8

Ky.R. 98; eff. 3-1-82; TAm eff. 8-9-2007.)