Should you receive an ‘Enforcement Referral Letter’ from the Division of Enforcement, similar to this sample letter, it is because you have been cited by the Department for Environmental Protection, for violations of Kentucky’s environmental statutes and regulations. An Enforcement Specialist will also contact you to schedule an administrative conference.
During the administrative conference, the Division will discuss the violations that were cited, and the means by which the violations can be resolved. You will also have the opportunity to discuss why the violations occurred, any extenuating circumstances involving the violations, and what actions have been taken to correct or mitigate for the violations. For some cases, the Division of Enforcement may assess penalties as described in KRS 224.99-010.
You are not required to be represented by legal counsel during the administrative conference, but you are welcome to do so. If you do plan to bring legal counsel, the Division requests that you notify your Enforcement Specialist at least five days prior to the conference, so that the Division may also arrange legal counsel. Should you have any questions concerning the ‘Enforcement Referral Letter”, please feel free to contact the Enforcement Specialist who issued the letter.
In the event that you receive a ‘Notice of Violation’ from the Division of Enforcement, please refer to the Remedial Measures section of the Notice of Violation sample letter highlighted in yellow.
The Remedial Measures section of the Notice of Violation will let you know what actions, if any, are required to come back into compliance with Kentucky’s environmental regulations. Depending on the types of violations that are cited, the Notice of Violation may require a formal enforcement action. Should the Division seek further enforcement action, the violations will be referred to the Civil Enforcement Branch within the Division, and you will be contacted to set up an administrative conference. If you have any questions regarding the Notice of Violation and the actions to be taken, please feel free to contact the Enforcement Specialist who issued the letter.