(1)  A person who violates any provision of this part or any order, permit, plan approval, or rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 per day for each day of violation as determined in a civil hearing under Title 63G, Chapter 4, Administrative Procedures Act, except:

Terms Used In Utah Code 19-6-821

  • Conviction: A judgement of guilt against a criminal defendant.
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
  • Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
  • 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
  • Recycler: means a person who:
(a) annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
(b) is registered as a recycler in accordance with Section 19-6-806. See Utah Code 19-6-803
  • Recycling fee: means the fee provided for in Section 19-6-805. See Utah Code 19-6-803
  • 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
  • Storage: means the placement of waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
  • Tire: means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. See Utah Code 19-6-803
  • Waste tire: means :
    (a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
    (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. See Utah Code 19-6-803
    (a)  any violation of Subsection 19-6-804(1), (3), or (4) is subject to the penalty under Subsection 19-6-804(5) rather than the penalties under this section; and

    (b)  any violation of Subsection 19-6-808(1), (2), or (3) regarding payment of the recycling fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808(4) rather than the penalties under this section.

    • (2)  The director may bring an action in the name of the state to restrain a person from continuing a violation of this part and to require the person to perform necessary remediation regarding a violation of this part.

    (3)  When the director finds a situation exists in violation of this part that presents an immediate threat to the public health or welfare, the director may issue an emergency order under Title 63G, Chapter 4, Administrative Procedures Act.

    (4)  The director may revoke the registration of a waste tire recycler or transporter who violates any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.

    (5)  The director may revoke the tire storage permit for a storage facility that is in violation of any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.

    (6)  If a person has been convicted of violating a provision of this part prior to a finding by the director of a violation of the same provision in an administrative hearing, the director may not assess a civil monetary penalty under this section for the same offense for which the conviction was obtained.

    (7)  All penalties collected under this section shall be deposited in the fund.

    Amended by Chapter 263, 2012 General Session
    Amended by Chapter 360, 2012 General Session

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