19-4-109 - Violations -- Penalties -- Reimbursement for expenses. - Utah Statutes

19-4-109. Violations -- Penalties -- Reimbursement for expenses.
(1) Any person that violates any rule or order made or issued pursuant to this chapter issubject to a civil penalty of not more than $1,000 per day for each day of violation. The boardmay assess and make a demand for payment of a penalty under this section by directing theexecutive secretary to issue a notice of agency action under Title 63G, Chapter 4, AdministrativeProcedures Act.
(2) (a) Any person that willfully violates any rule or order made or issued pursuant to thischapter, or that willfully fails to take any corrective action required by such an order, is guilty ofa class B misdemeanor and subject to a fine of not more than $5,000 per day for each day ofviolation.
(b) In addition, the person is subject, in a civil proceeding, to a penalty of not more than$5,000 per day for each day of violation.
(3) (a) Except as provided in Subsection (3)(b), all penalties assessed and collected underthe authority of this section shall be deposited in the General Fund.
(b) The department may reimburse itself and local governments from money collectedfrom 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.

Amended by Chapter 382, 2008 General Session