405 KAR 30:110. Public participation in
inspection and enforcement.
RELATES TO: KRS 350.600
STATUTORY AUTHORITY: KRS 224.033,
350.028, 350.050, 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 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.)