| (1) |
A person who violates a provision of this part, a rule or order issued under the authority of this part, or the terms of a license, permit, or registration certificate issued under the authority of this part is subject to a civil penalty not to exceed $10,000 for each violation. |
Terms Used In Utah Code 19-3-109
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
- 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
- Statute: A law passed by a legislature.
| (2) |
The director may assess and make a demand for payment of a penalty under this section and may compromise or remit that penalty. |
| (3) |
In order to make demand for payment of a penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act:
| (a) |
the date, facts, and nature of each act or omission charged; |
| (b) |
the provision of the statute, rule, order, license, permit, or registration certificate that is alleged to have been violated; |
| (c) |
each penalty that the director proposes to impose, together with the amount and date of effect of that penalty; and |
| (d) |
that failure to pay the penalty or respond may result in a civil action for collection. |
|
| (4) |
A person notified according to Subsection (3) may request an adjudicative proceeding. |
| (5) |
Upon request by the director, the attorney general may institute a civil action to collect a penalty imposed under this section. |
| (6) |
| (a) |
Except as provided in Subsection (6)(b), the department shall deposit all money collected from civil penalties imposed under this section into the General Fund. |
| (b) |
The department may reimburse itself and local governments from money collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities. |
| (c) |
The department shall regulate reimbursements by making rules that:
| (i) |
define qualifying environmental enforcement activities; and |
| (ii) |
define qualifying extraordinary expenses. |
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Amended by Chapter 330, 2013 General Session
