# KENTUCKY

REVISED

STATUTES

KRS 149.330 KRS 149.332 KRS 149.334 KRS 149.342 KRS 149.344 KRS 149.346 KRS 149.348 KRS 149.350 KRS 224.10

- 1001

- 2 Preface

Kentucky's statutes are grouped by topic, with each topic being assigned to a particular chapter. The chapter containing the major elements of Kentucky's forest protection laws is KRS Chapter 149.

This presentation discussed KRS 149.330 to 149.355. The provisions within this chapter are grouped into subchapters, sections, subsections, paragraphs, and

sub paragraphs based on common factors. For example, all subsections within a particular section have some element in common, as do all sections within a particular subchapter. The hierarchical structure for the groupings is as follows:



### KRS Kentucky Revised

S tatute 149 Chapter

.330 Subchapter

- 000 Section

(1) Subsection

(d) Paragraph

1. Subparagraph1

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149.330 Definitions for KRS 149.330 to 149.355.

As used in KRS 149.330 to 149.355, unless the context requires otherwise:

(1) "Best management practices" means effective, practical, economical, structural, or nonstructural methods that prevent or reduce the movement of sediment, nutrients, pesticides, and other pollutants from the land to surface or groundwater, or that otherwise protect water quality from potential adverse effects of timber harvesting operations as developed by the Division of Forestry and approved by the Agriculture Water Quality Authority;

(2) "Cabinet" means the Energy and Environment Cabinet ; (3) "Director" means the director of the Division of Forestry;
(4) "Division" means the Division of Forestry;

(5) "Logger" means any person who conducts timber harvesting operations for commercial purposes;

(6) "Operator" means any person who operates or exercises control over any
timber ha rvesting operations;

(7) "Person" means any natural person or any director, officer, or agent of a partnership, corporation, association, society. joint stock company, firm

, company, or business organization, "Person" also means any agency or instrumenta lity of federal, state, or local government, including any publicly

owned utility or any publicly

- owned corporation of federal, state, or local government;

(8) "Timber harvesting operations" means activities directly related to the cutting or

removal of trees from the forest as a raw material for commercial processes or purposes, including timber preharvesting and postharvesting activities associated with the implementation of appropriate best management practices. "Timber harvesting operations" does not include:
(a) The cutting of firewood;

(b) The cutting of evergreens grown for and cut for the traditional Christmas holiday season;
(c) The removal of trees incidental to clearing for coal mining or farm purpos es or incidental to ground

- distur bing const ruction activities, including well sites, and access roads and gathering l ines for oil and natural gas

ope rations;
(d) The cutting of trees for maintaining existing, or during construction of, rights

of

- way for publ ic highways or public utilities, unless those trees are being sold or provided as raw material for commercial wood product purposes; or

(e) The cutting of trees by an individual, nonindustrial landowner on his own property, if the cutting is performed by the individual, nonindustrial

landowner ; and
(9) "Water pollution" has the same meaning as in KRS 224.01

- 010.

Effective : June 24, 2015

History : Amended 2015 Ky. Acts ch. 41, sec. 1, effective June 24, 2015.

-- Amended 2010

Ky. Acts ch. 24, sec. 158, effective July 15, 2010.

-- Created 1998 Ky. Acts ch. 555, sec. 1,

effective July 15, 1998.1

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149.332 Legislative findings and declarations

- Purpose

- Construction with

other laws.

T he General Assembly finds, determ ines, and declares as follows:

(1) Healthy, sustainable forests that are e colo gically sound provide economi c

op portunities and benefit the overall quality of life for all Kentuckians;
(2) High quality forests provide clean air and water and biodiversity;

(3) A diverse forest economy must include forest product industries, recreat ion, and tourism;
(4) Timber harvesting operations must be conducted in an ecologically sound

manner; (5) Kentucky must promote the stewardship of its public and private forest lands
while recognizing the rights and responsibilities of private landowner s; (6) Comprehensive continuous forest inventories are needed to provide information to make decisions to meet present and future needs;

(7) Increased awareness of the economic, social, and ecological importance of Kentucky ’ s forests is needed to:

(a) Educate the public and industry in order to make wise decisions for the future of the forest resource; and
(b) Recognize and respond to threats to the forest resource;

(8) It is the purpose of KRS 149.330 to 149.355 to provide private landowners

and lo ggers with education, technical assistance, and incentives that encourage them to manage their properties and carr y out timber harvesting operations that will assure sustainable forests in the Commonwealth; and
(9) KRS 149.330 to 149.355 shall not be con strued as affecting the requirements of any other laws of the Commonwealth relating to environmental protection, including water quality or forestry.

Effective : July 15, 1998

History : Created 1998 Ky. Acts ch. 555, sec. 2, effective July 15, 1998.1

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14 9.334 Powers and duties of cabinet as to forest conservation

- Authority for administrative regulations.

In addition to any other

- powers and duties vested in it by law, the cabinet has the authority, power, and duty to:
(1) Promote the sustainability of Kentucky's forest ecosystems;

(2) Improve, maintain, and protect the health and condition of Kentucky's forest

resources; (3) Promote the most efficient utilization of forest resources;

(4) Provide educational opportunities to increase landowner, lo gger, and public appreciation, awareness, and knowledge of Kentucky's forests; and

(5) Promulgate administrative regulations under KRS Chapter 13A to accomplish the purposes of KRS 149.330 to 149.355.

Effective : July 15, 1998

History : Created 1998 Ky. Acts eh. 555, sec. 3, effective July 15,1998

.1

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149.342 Timber harvesting operations

-- Master logger training and educational requirements

-- Temporary master logger designation.

(1) After two (2) years from July 15, 1998, no person shall conduct timber harvesting operations within the Commonwealth unless there is on the site during the timber harvesting operations at least one (1) logger in charge of the harvest who has successfully completed the Master Logger Program or who has received a temporary mas ter logger designation in accordance with the cabinet requirements as provided for in subsection (4) of this section.

(2) After successful completion of the Master Logger Program, continuing education shall be required of the loggers every three (3) year s.

(3) The cabin et shall specify the education and training requirements for the Master Logger Program as developed by the University of Kentucky, the Kentucky Forest Industries Association, and the division, shall specify the requirements for continuing education, and, may establish a basic fee for the program that bears a reasonable relationship to the cost of training.

(4) The cabinet shall specify requirements for a temporary master logger designation, which shall be valid for four (4) months.

(5) A logger or operator who uses a temporary master logger shall notify the division prior to beginning the timber harvesting operation on which a temporary master logger is on site and in charge.

(6) The division shal l maintain a current list of all logge r s who have successfully completed the Master Logger Program and required continuing education, and shall make the list available to the public. All master loggers shall provide the cabinet with a pub li shed phone number.

(7) Loggers who have previously c ompleted the Kentucky Master Logger Program are considered to be in compliance with subsection (1) of this section.

(8) Any logger who primarily uses mules or horses in the logging operation shall be exempt from the Master Logger Program.

(9) After two (2) years from July 15, 1998, all state parks shall have on staff at least one (1) employee who has completed the Master Logger Program.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 39, sec. 1, effective June 20, 2005.

- Created 1998 Ky. Acts ch.

555, sec. 7. effective July 15, 1998.1

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149.344 Use of appropriate best management practices

-- Violation

-- Noncompliance

-- Administrative regulations governing bad actor designation

-- Procedure after multiple violations

-- Opportunity fo r administrative hearing.

(1) A ny logger or operator engaged in the conduct of any timber harvesting operations shall use appropriate best management practices.

(2) No logger or operator shall conduct any timber harvesting operations in a

manner that is causing or will likely cause water pollution.

(3) If the cabinet determines that a logger or operator engaged in timber harvesting operations has failed to use the appropriate best management practices or is causing water pollution, the cabinet shall give the logger or operator a written warning of the facts alleged to constitute the failure to use the best management practice or the water pollution, and a reasonable period for abatement and compliance.

(4) If, after the time for abatement in the written warning, the cabinet determines that the logger or operator has failed to implement the appropriate best management practices or has failed to abate the wate r pollution, the logger or

oper ator will be provided an opportunity for an informal conference with the regional forester. After the opportunity for an informal conference, if the cabinet determines that the logger or operator has failed to implement the appropriate best management practices or has failed to abate th e water pollution, the

cabinet s hall issue a notice of violation stating the best management practice that the logger or operator has failed to implement or the facts alleged to constitute the water pollution, and order the logger or operator to implement corrective measures within a specifie d period of time.

(5) If, after the issuance of a notice of violation, the logger or operator fails to implement the best management practice or correc tive measures, the cabinet

shall issue a special order mandating the logger or operator to immediately

i mplement the best management practice or the corrective measures. The cabinet may also order the logger or operator to cease all or a portion of the timber harvesting operation constituting the violation, and if the cabinet does so, the logger or operator shall cease all or a portion of the timber harvesting operation, until an inspection determines that the violation has been abated. At the time the special order is issued, the cabinet shall notify the logger or operator of the opportunity for an administr ative hearing under KRS 149.346(2), to be held within five (5) working days of the receipt of a written request made by the logger or operator.

(6) If the cabinet finds that any logger or operator is conducting any timber harvesting operations in violatio n of KRS 149.342(1) or in a manner that is causing or is likely to cause water pollution that is presenting or will likely present an imminent and substantial danger to the public health, safety, or welfare, or to the health of animals, fish, or aquatic li fe, or to a public water supply, or to recreational, commercial, agricultural, or industrial uses, the cabinet may issue an emergency order directing the logger or operator to immediately cease the activity and implement corrective measures within a reason able time, and the logger or1

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operator shall immediately cease the activity and implement corrective mea sures. At the time the order is issued, the cabinet shall also notify the logger or operator of the opportunity for an administrative hearing under KRS 1 49.346(2) to be held within five (5) working days of the receipt of a written request. The commencement of proceedings by the cabinet under subsection (3), (4), (5), or (10) of this section shall not preclude the cabinet from issuing an emergency

order und er this subsection.

(7) Notification under this section shall be by certified mail, return receipt requested, sent to the last known address of the logger or operator, or by hand delivery by the cabinet.

(8) If the logger or operator fails or refuses to cease activity or comply with and implement the best management practices or corrective measures in a special

order issued under subsection (5) of this section or fails to cease activity and implement corrective measures in an emergency order under subsect ion (6) of this section, unless extended by the cabinet, the logger or operator shall be deemed a bad actor and shall be subject to civil penalties under KRS 149.348 after an opportunity for a hearing under KRS 149.346. The cabinet shall have the authority to remove or terminate bad actor designations from loggers or operators that demonstrate adherence to implementing best management practices, have paid all fines and penalties imposed by the cabinet, and have completed corrective a c tion on sites with viol ations.

(9) The cabinet may promulgate administrative regulations to establish rules and procedures to remove or terminate the bad actor designation from a logger or operator that was previously designated a bad actor under subsection (8) of this section.

(10) If the cabinet determines that a logger or operator engaged in timber harvesting operations has failed to use the appropriate best management practices in violation of this section, and the logger or operator has been issued two (2) or

more bad acto r designations under KRS 149.346, the cabinet shall immediately issue a warning and, if the violations are not corrected after a period defined by the warning but no longer than one (1) week, shall issue an order directing the logger or operator to immedia tely cease the activity and implement corrective measures within a reasonable time, and the logger or operator shall immediately cease the activity and implement corrective measures. At the time the order is issued, the cabinet shall also notify the logger or operator of the opportunity for an administrative hearing under KRS 149.346(2) to be held within five (5) working days of the receipt of a written request.

(11) (a) Any logger or operator who has been designated a bad actor under

subsection (8) of thi s section shall provide prior notice to the appropriate regional office or offices of the division before engaging in any timber harvesting operation regulated by the cabinet until he or she has paid all civil penalties and performed all of the site remedi ation required by the

cabinet.1

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(b) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to set forth the form and manner of the notification required by this subsection. The notification requirements of this

subsection shall take effect on the effective date of the administrative regulations required by this paragraph.

(12) Beginning on January 1, 2016, if the cabinet finds that any logger or operator has three (3) or more bad actor designations under subsection (8) of this section, the cabinet shall issue an emergency order directing the logger or operator to immediately cease all timber harvesting operations in the Commonwealth. Upon receiving the emergency order, the logger or operator

shall cease all timber harvestin g operations in the Commonwealth until he or she has performed all of the site remediation required by the cabinet and has either paid all civil penalties or remains up

- to

- date on a payment plan for civil penalties

with the cabinet. At the time the order i s issued, the cabinet shall also notify the logger or operator of the opportunity for an administrative hearing under subsection (2) of Section 3 of this Act to be held within five (5) working days of the receipt of a written request. The commencement of p roceedings by the cabinet under subsection (3), (4), (5), or (10) of this section shall not preclude the cabinet from issuing an emergency order under this subsection. A logger or operator who otherwise complies with the requirements of this subsection sha ll not be required to remove any of his or her bad actor designations as a condition of being allowed to restart timber harvesting operations in the Commonwealth.

(13) All bad actor designations issued under subsection (8) of this section, including

those issued prior to the effective date of this Act, shall be included in determining the applicability of this section to any logger or operator.

Effective : June 24, 2015

History : Amended 2015 Ky. Acts ch. 41, sec. 2, effective June 24, 2015.

-- Amended 2006 Ky.

Acts ch. 43, sec. 1, effective July 12, 2006.

-- Amended 2005 Ky. Acts ch. 39, sec. 2,

effective June 20, 2005.

-- Created 1998 Ky. Acts ch. 555, sec. 8, effective July 15,

1998.1

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149.346 Administrative h earings.

(1) If the cabinet has ev idence that a violation of KRS 149.342(1) or subsection (11)

of Section 2 of this Act has occurred, or has deemed a logger or operator to be a bad actor under KRS 149.344(8), the cabinet shall serve written notice of the determination and the provision all eged to have been violated, and the cabinet shall require the person complained against to answer the charges at an administrative hearing to be held not less than twenty

- one (21) days after the date of the notice, unless the person complained against waiv es the twenty

- one (21) day period.

(2) Any person not previously heard who considers himself aggrieved by any determination of the cabinet under KRS 149.330 to 149.355, may file a petition alleging that the determination is contrary to law or fact and is injurious to him, citing the grounds and reasons therefore , and demanding an administrative hearing. Unless the cabinet considers the petition frivolous, it shall schedule an administrative hearing before the cabinet not less than ninety (90) days after th e date of the notice, unless the person complained against waives the ninety (90) day period, except that hearings requested under KRS 149.344(5) and (6) shall be held within five (5) working days of receipt of a petition. The right to demand a hearing und er this subsection shall be limited to a period of thirty (30) days after the petitioner has had actual notice of the determination complained of, or could have had notice. The cabinet shall be represented at the administrative hearing by the Office of Gen eral Counsel

. (3) All hearings under KRS 149.330 to 149. 355 shall be conducted under KR S

224.10

- 440. Appeals may be taken from all final orders under KR.S 224.10

- 470.

Effective : June 24, 2015

History : Amended 2015 Ky. Acts ch. 41, sec. 3, effective Jun e 24, 2015.

-- Created 1998 Ky.

Acts ch. 555, sec. 9, effective July 15, 1998.1

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149.348 Assessment of civil penalties

– Personal liability

. (1) Any operator or logger who is deemed by the cabinet to be a bad actor under KRS 149.344(8) or w ho violates KRS 149.342(1) or 149.344 (11) may, after an opportunity for an administrative hearing, be assessed a civil penalty not to exceed one thousand dollars ($1,000) for each violation. In determining the amount of the penalty, consideration shall be given to the operators or l oggers history of noncompliance, the seriousness of the violation and any damage caused, including any irreparable ha rm to the environment or hazard to public health or safety or the health and safety of ani m als, fish, or aquati c life; the degree of fault and whether the conduct was intentional or negligent; and the demonstrated good faith in remedying the pollution. The penalties shall be recoverable in an acti o n brought in the name of the Commonwealth of Kentucky by the cabinet 's Office of General Counsel . All sums recovered shall be deposited in the Forest Stewardship Incentives Fund. The Circuit Court in the county in which the violation occurred shall have concurrent jurisdiction and venue of all civil and injunctive actions instituted by the c a binet for the enforcement of the provisions of KRS 149.330 to 149.355 or the orders and administrative regulations promulgated by the cabinet.

(2 ) Notwithstanding KRS Chapters 271B to 275 or any other provision of law to the
contrary, any director, officer, or agent of an operator or logger doing business as a partnership, corporation, association, society, joint stock company, firm, company, or business organization shall be personally liable, jointly and severally, for the civil penal ties incurred by the operator or logger under this section.

Effective : June 24, 2015

History : Amended 2015 Ky. Acts ch. 41, sec. 4, effective June 24, 2015.

-- Created 1998 Ky. Acts ch.

555, sec. 10, effective July 15, 1998.1

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149.350 Fore stry Best Management Practices Board.

(1) There is hereby established a Forestry Best Management Practices Board consisting of thirteen (13) members for the purpos es of updating Kentucky's forest practice guidelines for water quality management and the D ivision of Forestry's administrative regulations regarding timber harvesting operations, and supervising the implementation of forestry best management practices and timber harvesting operations regulations by the Division of Forestry. The offices of the

b oard shall be maintained at a place designated by the board.

(2) The initial appointments to the board shall be made within one (1) year of July 15, 1998, and the appointments shall be for staggered terms to assure continuity. The Governor shall appoint members to the board representing the following:

(a) Five (5) members who are farmers or woodland owners with at least fifty (50) acres of woodland and who are actively engaged in woodland management:

1. One (1) of these members from a list of three (3) persons nominated by the Kentucky Woodland Owners Association;

2. One (1) of these members from a list of three (3) persons nominated by the Kentucky Department of Agriculture;

3. One (1) of these members from a list of three (3) persons nominated by

the Kentucky Farm Bureau Federation; and

4. Two (2) of these members shall be farmers at large;

(b) One (1) logger in good standing;

(c) One (1) member of the Department of Forestry of the University of Kentucky;

(d) One (1) member of the Kentucky Division of Forestry;

( e) Three (3) members of a Kentucky wood industry; and

(f ) Two (2) members at large who are woodland owners.

(3) Except for initial staggered appointments, board memberships shall be for a period of four (4) years, and members may be appo inted to no more than two (2) full consecutive terms. Appointments to the board shall be made consistent with subsection (2) of this section.

(4) The chair of the board shall be chosen from the members selected to meet the criteria in subsection (2) of t his section.

(5) The board shall review existing forestry best management practices within one (1) year after establishment of the board and shall conduct periodic reviews for rewriting the best management practices regulations no sooner than every five (5) years thereafter.1

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(6) The board shall oversee implementation of best ma nagement practice education and enforcement by the Division of Forestry.

(7) The board shall meet at least once a year for the purpose of conducting its oversight responsibiliti es.

(8) The board shall be attached to the division for administrative purposes. The division shall provide funds necessary f or board meetings, travel expenses, and other administrative support, including but not limited to staff assistance at meetings, report preparation, and record keeping.

(9) The board shall present its findings and recommendations to the Office of the Governor and the Legislative Research C ommission when the board deems appropriate or when the Office of the Governor specifically re quests a report. The board shall provide a summary report of its findings and recommendations to the Office of the Governor every five (5) years and to the Legislative Research Commission, if deemed appropriate.

Effective : July 12, 2006

History : Amended 2006 Ky. Acts ch. 56, sec. 1, effective July 12, 2006.

- Created 1998 Ky. Acts ch. 555,
sec. 11, effective July 15, 1998.

149.355 Short title for KRS 149.330 to 355.

KRS 149.330 to 149.355 may be cited as the “Kentucky Forest Conservation Act”

Effect ive : July 15, 1998

History : Created 1998 Ky. Acts ch. 555, sec. 12, effective July 15, 1998.1

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224.10

- 100 Powers and duties of cabinet.

In addition to any other powers and duties vested in it by law, the cabinet shall have

the author ity, power, and duty to:

(1) Exercise general supervision of the administration and enforcement of this chapter, and all rules, regulations, and orders promulgated thereunder;

(2) Prepare and develop a comprehensive plan or plans related to the enviro nment of the Commonwealth;

(3) Encourage industrial, commercial, residential, and community development which provides the best usage of land areas, maximizes environmental benefits, and minimizes the effects of less desirable environmental conditions;

(4) Develop and conduct a comprehensive program for the management of water, land, and air resources to assure their protection and balance utilization consistent with the environmental policy of the Commonwealth;

(5) Provide for the prevention, abat ement, and control of all water, land, and air pollution, including but not limited to that related to particulates, pesticides, gases, dust, vapors, noise, radiation, odor, nutrients, heated liquid, or other contaminants;

(6) Provide for the control an d regulation of surface coal mining and reclamation in a manner to accomplish the purposes of KRS Chapter 350;

(7) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwis e;

(8) Collect and disseminate information and conduct educational and training programs relating to the protection of the environment;

(9) Appear and participate in proceedings before any federal regulatory agency involving or affecting the purposes of the cabinet;

(10) Enter and inspect any property or premises for the purpose of investigating either actual or suspected sources of pollution or contamination or for the purpose of ascertaining compliance or noncompliance with this chapter, or any r egulation which may be promulgated thereunder;

(11) Conduct investigations and hold hearings and compel the attendance of witnesses and the production of accounts, books, and records by the issuance of subpoenas;

(12) Accept, receive, and administer grants or other funds or gifts from public and private agencies including the federal government for the purpose of carrying out any of the functions of the cabinet. The funds received by the cabinet shall be deposited in the State Treasury to the account of the cabinet;1

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(13) Request and receive the assistance of any state or municipal educational institution, experiment station, laboratory, or other agency when it is deemed necessary or beneficial by the cabinet in the performance of its duties;

(14) Advise, consult, and cooperate with other agencies of the Commonwealth, other states, the federal government, and interstate and interlocal agencies, and affected persons, groups, and industries;

(15) Formulate guides for measuring presently unidentifi ed environmental values and relationships so they can be given appropriate consideration along with social, economic, and technical considerations in decision making;

(16) Monitor the environment to afford more effective and efficient control practices, to identify changes and conditions in ecological systems, and to warn of emergency conditions;

(17) Adopt, modify, or repeal with the recommendation of the commission any standard, regulation, or plan specified in KRS 224.1

- 110(5) and (6);

(18) Issu e, after hearing, orders abating activities in violation of this chapter, or the provisions of this chapter, or the regulations promulgated pursuant thereto and requiring the adoption of the remedial measures the cabinet deems necessary;

(19) Issue, con tinue in effect, revoke, modify, suspend, or deny under such conditions as the cabinet may prescribe and require that applications be accompanied by plans, specifications, and other information the cabinet deems necessary for the following permits: (a) P ermits to discharge into any waters of the Commonwealth, and for the installation, alteration, expansion, or operation of any sewage system; however, the cabinet may refuse to issue the permits to any person, or any partnership, corporation, etc., of which the person owns more than ten percent (10%) interest, who has improperly constructed, operated, or maintained a sewage system willfully, through negligence, or because of lack of proper knowledge or qualifications until the time that person demonstrates p roper qualifications to the cabinet and provides the cabinet with a performance bond;

(b) Permits for the installation, alteration, or use of any machine, equipment, device, or other article that may cause or contribute to air pollution or is intended p rimarily to prevent or control the emission of air pollution; or

(c) Permits for the establishment or construction and the operation or maintenance of waste disposal sites and facilities;

(20) May establish, by regulation, a fee or schedule of fees f or the cost of processing applications for permits authorized by this chapter, and for the cost of processing applications for exemptions or partial exemptions which may include but not be limited to the administrative costs of a hearing held as a result o f the exemption1

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application, except that applicants for existing or proposed publicly owned facilities shall be exempt from any charge, other than emissions fees assessed pursuant to KRS 224.20

- 050, and that certain nonprofit organizations shall be charged lower fees to process water discharge permits under KRS 224.16

- 050(5);

(21) May require for persons discharging into the waters or onto the land of the Commonwealth, by regulation, order, or permit, technological levels of treatment

and effluent limita tions;

(22) Require, by regulation, that any person engaged in any operation regulated pursuant to this chapter install, maintain, and use at such locations and intervals as the cabinet may prescribe any equipment, device, or test and the methodologies and procedures for the use of the equipment, device, or test to monitor the nature and amount of any substance emitted or discharged into the ambient air or waters or land of the Commonwealth and to provide any information concerning the monitoring to the cabinet in accordance with the provisions of subsection (23) of this section;

(23) Require by regulation that any person engaged in any operation regulated pursuant to this chapter file with the cabinet reports containing information as to location, siz e, height, rate of emission or discharge, and composition of any substance discharged or emitted into the ambient air or into the waters or onto the land of the Commonwealth, and such other information the cabinet may require;

(24) Promulgate regulation s, guidelines, and standards for waste planning and management activities, approve waste management facilities, develop and publish a comprehensive statewide plan for nonhazardous waste management which shall contain but not be limited to the provisions se t forth in KRS 224.43

- 345, and develop and publish a comprehensive statewide plan for hazardous waste management which shall contain but not be limited to the following: (a) A description of current hazardous waste management practices and costs,

includi ng treatment and disposal, within the Commonwealth;

(b) An inventory and description of all existing facilities where hazardous waste is being generated, treated, recycled, stored, or disposed of, including an inventory of the deficiencies of present fa cilities in meeting current hazardous waste management needs and a statement of the ability of present hazardous waste management facilities to comply with state and federal laws relating to hazardous waste;

(c) A description of the sources of hazardous waste affecting the Commonwealth including the types and quantities of hazardous waste currently being generated and a projection of such activities as can be expected to continue for not less than twenty (20) years into the future; and

(d) An identifi cation and continuing evaluation of those locations within the Commonwealth which are naturally or may be engineered to be suitable for1

- 17 the establishment of hazardous waste management facilities, and an identification of those general characteristics, valu es, and attributes which would render a particular location unsuitable, consistent with the policy of minimizing land disposal and encouraging the treatment and recycling of the wastes. The statewide waste management plans shall be developed

consistent wit h state and federal laws relating to waste;

(25) Perform other acts necessary to carry out the duties and responsibilities described in this section;

(26) Preserve existing clean air resources while ensuring economic growth by issuing regulations, wh ich shall be no more stringent than federal requirements, setting maximum allowable increases from stationary sources over baseline concentrations of air contaminants to prevent significant deterioration in areas meeting the state and national ambient air quality standards;

(27) Promulgate regulations concerning the bonding provisions of subsection (19)(a) of this section, setting forth bonding requirements, including but not limited to requirements for the amount, duration, release, and forfeiture of th e bonds. All funds from the forfeiture of bonds required pursuant to this section shall be placed in the State Treasury and credited to a special trust and agency account which shall not lapse. The account shall be known as the "sewage treatment system reh abilitation fund" and all moneys placed in the fund shall be used for the elimination of nuisances and hazards created by sewage systems which were improperly built, operated, or maintained, and insofar as practicable be used to correct the problems at the same site for which the bond or other sureties were originally provided;

(28) Promulgate administrative regulations not inconsistent with the provisions of law administered by the cabinet; and

(29) Through the secretary or designee of the secretary, enter into, execute, and enforce reciprocal agreements with responsible officers of other states relating to compliance with the requirements of KRS Chapters 350, 351, and 352 and the administrative regulations promulgated under those chapters.

Effectiv e: July 15, 2014

History: Amended 2014 Ky. Acts ch. 35, sec. 1, effective July 15, 2014.

-- Amended 2007 (2d Extra.

Sess.) Ky. Acts ch. 1, sec. 42, effective August 30, 2007.

-- Amended 1994 Ky. Acts ch. 162,

sec. 3, effective July 15, 1994.

-- Amended 1 990 Ky. Acts ch. 325, sec. 15, effective July 13,

1990; and ch. 412, sec. 1, effective July 13, 1990.

-- Amended 1986 Ky. Acts ch. 455, sec. 1,

effective July 15, 1986.

-- Amended 1984 Ky. Acts ch. 111, sec. 109, effective July 13, 1984.

-- Amended 1980 Ky . Acts ch. 264, sec. 2; and ch. 377, sec. 10, effective July 15, 1980.

-- Amended 1978 Ky. Acts ch. 113, sec. 3, effective June 17, 1978; and ch. 266, sec. 2, effective

June 17, 1978.

-- Amended 1974 Ky. Acts ch. 355, sec. 2, effective June 21, 1974.

-- Cr eated

1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 3, effective January 1, 1973.

Formerly codified as KRS 224.0331

- 18 Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 123, sec. 5, codified at KRS

224.10

- 103, provides that the Division of E nergy and all "personnel, functions, powers, and

duties of the Division of Energy shall be transferred to the Tourism Development Cabinet." The

abolition of the Tourism Development Cabinet and creation of the Commerce Cabinet under

Executive Order 2004

- 729 were confirmed by 2005 Ky. Acts ch. 95, in which the Office of

Energy Policy is established and statutory references to the "Division of Energy" are changed

to the "Office of Energy Policy."

Legislative Research Commission Note (9/28/93). The Division of Energy within the Department for

Natural Resources of the Natural Resources and Environmental Protection Cabinet was made

"responsible for subsections (28) and (29)" of this statute by 1990 Ky. Acts, ch. 325, sec. 14.2

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# KENTUCKY

ADMINISTRATIVE

REGULATIONS

402 KAR 3:020
402 KAR 3:030
402 KAR 3:040
402 KAR 3:0502

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402 KAR 3:020. Master logger program

.

RELATES TO: KRS 149.330, 149.334, 149.342, 149.344, 149.346, STATUTORY AUTHORITY: KRS 149.334(5), 149.342(4), (5) NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.334 authorizes the cabinet to promulgate administrative regulations relating to KRS 149.330 to 149.355, the Kentucky Forest Conservation Act. KRS 149.342(3) requires the cabinet to specify the requirements

for t he Master Logger Program and KRS 149.342(4) requires the cabinet to specify the requirements for a temporary master logger designation. This administrative regulation establishes the education and training requirements for the master logger program and the requirements for the temporary master logger designation.

Section 1. Master logger program training course. The master logger program training course shall consist of three (3) one (1) day sessions covering the following topics:

(1) Information on the e nvironmental impacts of timber harvesting operations and the use of best management practices to reduce or eliminate potential adverse effects of timber harvesting operations on water quality;

(2) Laws and administrative regulations impacting logging oper ations; and

(3) Professional logger safety education.

Section 2. Registration form and fee. A person wishing to attend the master logging program training course shall complete and file a Kentucky Master Logger Registration Form accompanied by a fee of e ighty

- five (85) dollars.

Section 3. Designation as master logger. A person who successfully completes the master logger program training course shall be designated a master logger. This designation shall be for a period of three (3) years f rom the date of completion of th e

course.

Section 4. Designation card. (1) The Division of Forestry shall issue a wallet

- sized master logger designation card to a person who successfully completes the master logger program training course.

(2) The division shall issue a designation card to a person who has previously completed the master logger program in accordance with KRS 149.342(7).

(3) The master logger in charge of a timber harvesting operation shall maintain a current master logger designation card, along with a photo identification card such as a driver's license, on his person at all times when he is on the timber harvesting operation site.

Section 5. Reciprocity. A person who has successfully completed a program in another state which is equivalent to the ma ster logger program training course under Section 1 of this administrative regulation may apply for the issuance of a designation card under Section 4 of this administrative regulation by filing a Kentucky Master Logger Reciprocity Application Form and pay ing a fee of fifty (50) dollars. The division shall determine that the program is equivalent and that the person successfully completed the program prior to issuing a designation card under Section 4 of this administrative regulation.2

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Section 6. Continuin g education requirements. (1) A person who wishes to renew his master logger designation card shall complete six (6) hours of continuing master logger education every three (3) years. Continuing master logger education shall consist of one (1) or more of t he following subjects: forest management, silviculture, forest health, ecosystem management, timber harvesting, laws and administrative regulations relating to timber harvesting and water quality, logging safety, or advanced best management practices.

(2) Application for renewal and fee. A person wishing to renew a master logger designation and receive a current card shall prior to expiration of the current designation card:

(a) Complete the continuing education requirements established in subsection (1) of this section;

(b) File a Kentucky Master Logger Renewal Form; and

(c) Pay a fee of twenty

- five (25) dollars.

Section 7. Revocation of designation as master logger. The cabinet shall revoke the designation card of a master logger who fails to timely a pply for renewal, or to comply with the continuing education requirements established in Section 60 o f this administrative regulation. The cabinet shall remove the name of the master logger from the list maintained by the division pursuant to KRS 149.342(6 ).

Section 8. Reinstatement of designation. A person whose master logger designation has been revoked shall attend and successfully complete the master logger training course established under Sections 1 and 2 of this administrative regulation in order to have his designation as a master logger reinstated.

Section 9. Kentucky temporary master logger. (1) A person who wishes to be designated a Kentucky temporary master logger shall:

(a) Submit a Kentucky Temporary Master Logger Designation Form and pay a fee of fifty (50) dollars; and

(b) Register and pay the applicable fee in accordance with Section 2 of this administrative regulation for a three (3) day Kentucky master logger training program, or an approved equivalent reciprocal training program, sche duled to be held within four (4) months after the date of registration for the training

program.

(2) (a) The applicant shall be designated a Kentucky temporary master logger upon issuance of the Kentucky temporary master logger designation card by the Div ision of Forestry, and may then begin serving as the temporary master logger on

- site and in charge of timber harvesting operations.

(b) The designation card shall state the name and address of the person designated, the date of issuance, and the date of e xpiration of the designation.2

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(c) The Kentucky temporary master logger designation shall expire four (4) months from the date of issuance. A renewal shall not be issued. A perso n shall not receive

more than o ne (1) Kentucky temporary master logger designa tion in his lifetime.

(d) The Kentucky temporary master logger in charge of a timber harvesting operation shall maintain a valid Kentucky temporary master logger designation card, along with a photo identification card such as a driver's license, on his p erson at all times when he is on the timber harvesting operation site.

(3) (a) The logger or operator of a timber harvesting operation who uses a Kentucky temporary master logger shall, prior to beginning the harvest, notify the appropriate

local regional office of the Division of Forestry of each operation on which the temporary master logger will be on

- site and in charge.

(b) Notification shall be made by letter, facsimile, email, telephone conversation, or in person. A message left on an answering mach ine or voice mail service shall not
constitute valid notification.

(c) In the notification, the logger or operator shall identify the anticipated date of harvest and the location of the timber harvesting site in sufficient detail to enable the

division to locate the site in the field. The location shall be identified in at least one of the following ways:

1. Provide the name of the landowner, the county, and the latitude and longitude

of the site to the nearest one

- tenth (1/10) of a minute or the UTM (Uni versal Transverse Mercator) coordinates to the nearest 100 meters;

2. Provide the name of the landowner, the county, and a USGS (Unit ed States Geological Survey) 7.5

- minute topographic quadrangle map or reproduction thereof, marked to show the name of the quadrangle map, the map scale, the north arrow, and the exact location of the site; or

3

. Provide the name of the landowner

, the county, the nearest named community and the approximate distance and direction from the community to the site, the

name and number of the nearest highway or street, and a description of how to reach the site from the nearest road intersection or other appropriate landmark.

(d) The cabinet shall revoke the designation of the Kentucky temporary master logger on

- site and in charg e of timber harvesting operations if harvest activity is started on the site before valid notification is provided in accordance with this

subsection.

(4) A logger or operator who has started harvest activity without a Kentucky master logger or Kentucky t emporary master logger on site and in charge of harvest activities shall not be eligible to receive a Kentucky temporary master logger designation, and shall not begin to use a Kentucky temporary master logger on the

site.2

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Section 10. Incorporation by R eference. (1) The following material is incorporated by

reference:

(a) "Kentucky Master Logger Registration Form", March 2006;

(b) "Kentucky Master Logger Reciprocity Ap plication Form", November 1998;

(c) "Kentucky Master Logger Renewal Form", March 1999 ; and

(d) "Kentucky Temporary Master Logger Designation Form", March 2006.

(2) This material may be inspected, copied, or obtained, subject to applicab le co pyright law, at the Division of Forestry, 627 Comanche Trail, Frankfort, Kentucky 40601, Monday

th rough Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 1759; Am. 2411; eff. 5 19

- 99; 32 Ky.R. 1328; 1684; 1887; eff. 5

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- 2006 ; Tam eff. 5

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- 2015 .)

402 KAR 3:030 . Best management practices for timber harvesting operations.

RELATES TO: KRS 149.330, 149.332, 149.334, 149.344, 149.346, 149.348,
149.350, 149.355, 224.10

- 100 STATUTORY AUTHORITY: KRS 149.330, 149.334(5), 149.344 NECESSITY, FUNCTION, AND CONFORMITY:, KRS 149.334(5) authorizes the cabinet to promulgate administrative regulations relating to the K entucky Forest Conservation Act, KRS 149.330 to 149.355. KRS 149.344 requires that any logger or operator engaged in the conduct of any timber harvesting operations use appropriate best management practices. KRS 149.330(1) defines best management practices as those practices developed by the Division of Forestry and approved by the Agriculture Water Quality Authority. This administrative regulation establishes the best management practices for timber harvesting operations as developed by the Division of For estry and approved by the Agriculture Water Quality Authority.

Section 1. A logger or operator engaged in timber harvesting operations shall comply with the provisions of The Kentucky Agriculture Water Quality Plan, Best Management Practices, Section 1, S ilviculture

.

Section 2. Incorporation by Reference. (1) "The Kentucky Agriculture Water Quality Plan, Best Management Practices, Section 1, Silviculture ”

, March 2014 is incorporated by reference.

(2) This material may be inspected, copied or obtained, s ubject to applicable copyright law, at the Division of Forestry, 627 Comanche Trail, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 1761; eff.

5

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- 99; Am. 27 Ky.R. 3154; 28 Ky.R. 79; eff. 7

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- 2001 ; 41 Ky.R. 2621; eff.9

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- 2015 .)2

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402 KAR 3:040. Removal of bad actor designation.

RELATES TO: KRS 149.330, 14 9.344, 149.346, 149.348
STATUTORY AUTHORITY:KRS 149.334(5), 149.344(9) NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344(9) authorizes the cabinet to promulgate administr ative regulations to establish rules and procedures to remove the bad actor designation from a logger or operator that was previously designated a bad actor under KRS 149.344(8). This administrative regulation establishes the requirements for removal of a bad actor designation.

Section 1, Request and Agreement. (1) A logger or operator designated as a bad actor under KRS 149.344(8), who has complied with the terms of the secretary's orders or agreed orders, has completed corrective actions on all

sites w ith violations, and has paid all monetary penalties imposed by the cabinet or the court, may request to have his bad actor designations removed.

(2) The bad actor shall submit to the Division of Forestry a written request to have each bad actor designatio n removed.

(3) The bad actor shall enter into a written agreement with the division in

which he shall:

(a) Affirm that he meets the requirements of subsection (1) of this section;

(b) Agree to a two (2) year period of review, during which time he shall give prior notice to the appropriate regional office or offices of the division of all timber harvesting operations on which he is the primary contractor or master logger in charge of operation, and agree that the division shall track and inspect the timbe r harvesting operations as it deems

necessary;

(c) Agree that the written agreement and .the two (2) year period of review shall be terminated if, during the review period, he is issued a notice of violation as the primary contractor, or is actively invol ved as a subcontractor or master logger on the site of a timber harvesting operation that receives a notice of violation; and

(d) Affirm that he understands that the designation shall be removed if the division determines that he meets the requirements of Section 3(1) of this administrative regulation regarding his compliance with orders, corrective actions on all sites with violations, payment of monetary penalties, prior notification of timber harvesting operations, and demonstration of adherence to impl ementing best management practices during the review period.

Section 2. Review Period. (1) The division shall notify the bad actor in writing of the beginning date and anticipated ending date of the two (2) year period of

review.2

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(2) The division shall conduct a two (2) year period of review during which the

division:

(a) Shall track all timber harvesting jobs in which the bad actor is engaged that are applicable to the review process; and

(b) May inspect all the commercial timber harvesting operations that the bad

actor conducts.

(3) During the two (2) year period of review, the bad actor shall provide prior notice to the appropriate regional office or offices of the division of all timber harvesting operations on which he is the primary contractor or master logger in charge.

(a) Notification shall be made by letter, facsimile, email, telephone conversation, or in person, to the appropriate regional office. A message left on an answering machine or voice mail service shall not constitute valid

notific ation.

(b) In the notification the bad actor shall identify the anticipated dates of harvest and the location of the timber harvesting site in sufficient detail to

enable the division to locate the site in the field. The location shall be

identified in at least one of the following ways:

1. Provide the name of the landowner, the county, and the latitude an d longitude of the site to th e nearest one

- tenth (1/10) of a minute or the UTM (Universal Transverse Mercator) coordinates to the nearest 100
meters;

2 . Provide the name of the landowner, the county, and a USGS (United States Geological Survey) 7.5 minute topographic quadrangle map or reproduction thereof, marked to show the name of the quadrangle map, the map scale, the north arrow, and the exact locati on of the site; or

3. Provide the name of the landowner, the county, the nearest named community and the approximate distance and direction from the community to the site, the name and number of the nearest highway or street, and a description of how to r each the site from the nearest road intersection or other appropriate landmark.

(4) During the two (2) year period of review, if the bad actor is issued a Notice of Violation or is actively involved with any site that is issued a Notice of Violation, or f ails to give prior notice of the location of his logging operation in accordance with subsection (3) of this section, the written agreement and review process shall be terminated and the bad actor designation shall be

retained.

Section 3. Removal of Desig nation. (1) At the end of the two (2) year period of review, the division shall remove the bad actor designation if it determines that2

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the bad actor:

(a) Has provided prior notification of all timber harvesting operations in accordance with Section 2(3) o f this administrative regulation;

(b) Has demonstrated adherence to implementing best management practices on timber harvesting operations conducted during the two (2) year period of review; and

(c) Is in compliance with the requirements established in S ection 1 (1) of this administrative regulation.

(2) If the bad actor designation is removed pursuant to subsection (1) of this
section, the division shall:

(a) Notify the logger or operator in writing that the designation has been removed; and

(b) Make information available to the public which shows that the designation has been removed.

Section 4. Designation Not Removed. (1) If the written agreement and review period are terminated pursuant to Section 2(4) of this, administrative regulation

or if the review period is completed but the division is unable to remove the designation pursuant to Section 3(1) of this administrative regulation, the division shall notify the bad actor in writing and shall inform the bad actor that he may begin the review proce ss again in accordance with Section 1 (1) of this administrative regulation.

(2) If a bad actor is unsuccessful in having the designation removed in three (3) consecutive review periods, the designation shall become permanent.

Section 5. Removal of Secon d Designation. (1) If a bad actor successfully completes the review process and the bad actor designation is removed, and based upon subsequent timber harvesting operations the operator then is designated a bad actor for a second time, he may seek to have the second designation removed in accordance with Section 1 (1) of this administrative regulation.

(2) If the bad actor is unsuccessful in having the second designation removed in two (2) consecutive review periods, the designation shall become
permanent.

Section 6. Third Designation. If a logger or operator is designated a bad actor for a third time, the designation shall become permanent. (32 Ky.R. 1349; 1889; eft.

5

- 5 2006 ; TAm eff 5

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- 2015 .)2

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402 KAR 3:050. Bad actor not ice provisions

.

RELATES TO: KRS 149.330, 149.332, 149.344, 149.346, 149.348

STATUTORY AUTHORITY: KRS 149.344 NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344 requires the cabinet to establish notification requirements for loggers or operators who have received one (1) or more bad act or designations. This administrative regulation establishes the methods and requirements for bad actors to notify the cabinet before beginning timber harvest operations.

Section 1. Notice Required. (1) Pursuant to KRS 149.344(11)(a), a bad actor

who has r eceived one (1) or more bad actor designations pursuant to KRS 149.344(8) shall notify the cabinet prior to conducting logging operations.

(2) The bad actor shall continue to notify the cabinet until all civil penalties have been paid and all site remedia tion required by the cabinet has been performed.

Section 2. (1)(a) Bad actor notification shall be made by letter, facsimile, email, telephone conversation, or in person.

(b) A message left on an answering machine or voice mail service shall not

constitu te valid notification.

(2) In the notification, the bad actor shall identify the anticipated date of harvest and the location of the timber harvesting site in sufficient detail to enable the

division to locate the site in the field. The location shall be identified by:

(a) The name of the landowner; (b) The county; and (c) One (1) of the following methods:

1. Latitude and longitude of the site to the nearest one

- tenth (1/10) of a minute or the UTM (Universal Transverse Mercator) coordinates to the

nearest 10 0 meters;

2. USGS (United States Geological Survey) 7.5

- minute topographic quadrangle map or reproduction thereof, marked to show the name of the quadrangle map, the map scale, the north arrow, and the exact location of the site; or

3. The nearest named community and the approximate distance and direction from the community to the site, the name and number of the nearest highway or street, and a description of how to reach the site from the nearest road intersection or other appropriate landmark. (41 Ky.R . 2694; 42 Ky.R. 282; eff. 9

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- 2015.)