A logger and/or operator who fails to comply with the rules and regulations specified in the Kentucky Forest Conservation Act (KFCA) will be designated a ‘Bad Actor.’ This means that the logger is responsible for a specific water quality violation and/or violations and has not corrected the violation for a particular logging site or sites. The individual remains a bad actor until they officially request to have their designation removed. As per KRS 149.342, no person shall conduct timber harvesting operations within the Commonwealth unless there is at least one logger on site and in charge of the harvest who has successfully completed the Kentucky Master Logger (KML) program. Violations of these terms will result in the designation of Bad Actor.
NEW 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.
Please click the link below for a complete list of bad actors:
Timber Harvest Violations - Bad Actors
A logger and/or operator designated as Bad Actor may have the designation removed if the following requirements are met:
- Comply with any and all final orders against them, including fixing all sites and paying all fines.
- Request to have their designation removed by calling Timber Harvesting Compliance Section in Frankfort at 502-564-4496.
- Sign an agreement stating that they will notify the division of every logging operation for the next two years.
- Remain Notice of Violation free for a two-year period.
Timber Harvest Publications and Information:
Numerous publications are provided by the division to further explain the timber harvesting requirements of KFCA, the KML program and to educate landowners and loggers about using best management practices to protect water quality during timber harvesting. Please link to Forestry Publications to view or download these documents.
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