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NOW IN EFFECT: Bad Actors who have not paid their civil penalties or completed all site remediation must notify the appropriate Division of Forestry regional prior to beginning a timber harvest. 402 KAR 3:050.

REPORTING REQUIREMENTS TO BAD ACTORS WHO HAVE NOT PAID THEIR CIVIL PENALTIES OR COMPLETED ALL SITE REMEDIATION!

Amendments to KRS 149.344 (11) requires bad actors who have not paid all civil penalties and completed all site remediation to provide prior notice to the appropriate regional office or offices of the Division of Forestry. The statute instructed the Energy and Environment Cabinet to promulgate administrative regulations to how to report, where to report, and what information to provide to comply with the notification requirements.
 

The Bad Actor Notice Provisions in 402 KAR 3:050 became effective on September 3, 2015:

•  A bad actor who has not paid his all civil penalties or completed all site remediation shall notify the Division of Forestry prior to conducting logging operations.
• The bad actor must continue to provide prior notification until all civil penalties are paid and all site remediation required by the division is completed.
• A bad actor shall notify the appropriate Division of Forestry regional office covering the county where the harvest shall occur by letter, facsimile, email, telephone conversation, or in person. A message left on an answering machine or voice mail does not count as a valid notification.
• The bad actor shall identify the anticipated date of the harvest and the location of the harvest site with enough detail to allow the division to locate the site in the field.
•  The bad actor must provide the name of the landowner and the county and one of the following methods:
  o Latitude and longitude of the site
  o USGS 7.5-minute topographic quadrangle map marked to show the name of the quadrangle map, the map scale, the north arrow, and the exact location of the site
  o 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.
• Any bad actor who is required to notify but fails to notify will be considered in violation of the statute and subject to civil penalties.

Bad Actor Designation:

When a logger and/or operator fails to comply with all rules and regulations specified in the Kentucky Forest Conservation Act, that person and or company will be deemed a bad actor and placed on the ‘Bad Actor’ list. This means that a specific water quality violation and/or violations have been created and not corrected for a particular logging site or sites. 

The logger and/or operator has failed to comply with the laws and regulations after going through the four-step enforcement process and administrative hearings. The individual will remain on the list until they officially request to have their name removed.

How to get off the bad actor list:

If a logger and/or operator wants to have their name removed from the ‘Bad Actor’ list they must:

1. Comply with any and all final orders against them, including fixing all sites and paying all fines.
2. Request to have their designation removed by calling Timber Harvesting Compliance Section at Frankfort at 502-564-4496.
3. Sign an agreement which states that the logger will notify the local division of forestry office of every logging operation for the next two years.
4. Must be ‘Notice of Violation’ free for that two year period.