Kentucky
Notices of violation and enforcement
Enforcement for the Kentucky Department for Environmental Protection (DEP) runs through its Division of Enforcement, which works toward compliance by resolving enforcement cases, monitoring compliance, providing compliance assistance, and facilitating training and licensing. A violation can be cited in a Notice of Violation (NOV) and, if it needs formal action, referred to the division's Civil Enforcement Branch.
In a Phase I ESA
ASTM E1527-21 does not name state enforcement records among its standard record sources. They still matter.
- Two places issue a notice. The division's Compliance and Operations Branch monitors compliance and issues NOVs, including on violations referred to it by DEP's programs. Violations found by field inspectors are issued by the respective regional offices and are not referred to that branch.
- The notice says what must be done. DEP says the Remedial Measures section of an NOV states what actions, if any, are required to come back into compliance. Depending on the violations, an NOV may require formal enforcement action.
- A case escalates in steps. The Civil Enforcement Branch reviews and pursues violations referred by DEP's program divisions, using an escalating system of enforcement procedures. It begins with informal administrative conferences at the division's offices in Frankfort. A case that cannot be resolved informally is referred to the Cabinet's attorneys for formal action, which can include a formal hearing at the Office of Administrative Hearings or in Franklin Circuit Court. If violations are egregious, the division may refer the case for criminal prosecution.
After a referral
DEP says a person who receives an Enforcement Referral Letter from the division has been cited for violations, and that an Enforcement Specialist will contact them to schedule an administrative conference. At the conference the division discusses the violations cited and how they can be resolved, and the person may explain why they occurred and what has been done to correct them. For some cases the division may assess penalties as described in KRS 224.99-010. DEP posts a sample referral letter and a sample NOV.
For a property with a case, ask for the NOV with its Remedial Measures section, any referral letter, and how the case was resolved.
Where to look a site up
- The Cabinet's eSearch gives public access, in DEP's description, to information about permitting and compliance activities across its regulated community.
- The Division of Enforcement is at 300 Sower Boulevard, Frankfort, KY 40601, phone 502-564-2150.
- Complaints go through DEP's anonymous DEP Complaint Form, which DEP says is not for notifications of releases or environmental emergencies.
Getting the file
The Cabinet takes open records requests by email to EEC.KORA@ky.gov, with as much detail as possible about the records sought. The Open Records page lists among its exemptions records compiled in detecting and investigating violations, where disclosure would harm the agency. Part of an enforcement file may be withheld on that ground. Only residents of the Commonwealth, as the Open Records page defines them, may request to inspect public records.
Sources
Kentucky Energy and Environment Cabinet pages, read October 12, 2026, no modified date shown: