BELL CONCRETE v. COM., N.R. & E.P. CABINET

No. 86-CA-1297-MR.

764 S.W.2d 634 (1988)

BELL CONCRETE INDUSTRIES, INC., Appellant, v. COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 21, 1988.

Discretionary Review Denied by Supreme Court March 8, 1989.


Attorney(s) appearing for the Case

W. Patrick Hauser, Barbourville, for appellant.

Randall G. McDowell, Office of Gen. Counsel, Frankfort, for appellee.

Before DYCHE, HAYES and LESTER, JJ.


LESTER, Judge.

This is an appeal from a judgment affirming an order of the appellee imposing a $5,500 civil penalty for appellant's failure to obtain a permit prior to constructing a fly ash silo at its ready mix concrete plant in Middlesboro and for violations of the fugitive emissions regulations.

Bell Industries' difficulties with the Cabinet commenced on February 23, 1982, when an inspection revealed a violation of 401 KAR 50:035 which provides that no...

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