(1) It shall be the duty of the cabinet‘s Office of Legal Services, or upon the secretary‘s request, of the Attorney General, to institute an action for the recovery of any penalties and costs otherwise authorized in this chapter, and to bring an action for an injunction against any person violating or threatening to violate any provision of this chapter, or any administrative regulation, order, or determination of the cabinet promulgated pursuant thereto. In any such action any findings of the cabinet shall be prima facie evidence of the fact or facts found therein.
(2) Nothing contained in this chapter shall abridge the right of any person to recover actual compensatory damages resulting from any violation of this chapter.

Terms Used In Kentucky Statutes 224.99-020

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Secretary: means the secretary of the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010

Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 360, sec. 3, effective July 15, 1996. — Amended
1992 Ky. Acts ch. 215, sec. 6, effective July 14, 1992. — Amended 1982 Ky. Acts ch.
74, sec. 20, effective July 15, 1982. — Created 1974 Ky. Acts ch. 355, sec. 9, effective June 21, 1974.
Formerly codified as KRS § 224.995.