Utah Code 19-2-116. Injunction or other remedies to prevent violations

(1)	Action under Section 19-2-115 does not bar enforcement of this chapter, or any of the rules adopted under it or any orders made under it by injunction or other appropriate remedy. The director has the power to institute and maintain in the name of the state any and all enforcement proceedings.

Board: means the Air Quality Board. See Utah Code 19-2-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
Property: includes both real and personal property. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(2)	This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding for this purpose.

(3)

(a)

In addition to any other remedy created in this chapter, the director may initiate an action for appropriate injunctive relief:

(i)

upon failure of any person to comply with:

(A)	any provision of this chapter;

(B)	any rule adopted under this chapter; or

(C)	any final order made by the board, the director, or the executive director; and

(ii)	when it appears necessary for the protection of health and welfare.

(b)	The attorney general shall bring injunctive relief actions on request.

(c)	A bond is not required.

Amended by Chapter 360, 2012 General Session

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