40-10-20 - Civil penalty for violation of chapter -- Informal conference -- Public hearing -- Contest of violation or amount of penalty -- Collection -- Criminal penalties -- Civil penalty for failure - Utah Statutes

40-10-20. Civil penalty for violation of chapter -- Informal conference -- Publichearing -- Contest of violation or amount of penalty -- Collection -- Criminal penalties --Civil penalty for failure to correct violation.
(1) (a) Any permittee who violates any permit condition or other provision of this chaptermay be assessed a civil penalty by the division. If the violation leads to the issuance of acessation order under Section 40-10-22, the civil penalty shall be assessed.
(b) (i) The penalty may not exceed $5,000 for each violation.
(ii) Each day of a continuing violation may be deemed a separate violation for purposesof the penalty assessments.
(c) In determining the amount of the penalty, consideration shall be given to:
(i) the permittee's history of previous violations at the particular surface coal miningoperation;
(ii) the seriousness of the violation, including any irreparable harm to the environment andany hazard to the health or safety of the public;
(iii) whether the permittee was negligent; and
(iv) the demonstrated good faith of the permittee in attempting to achieve rapidcompliance after notification of the violation.
(2) (a) Within 30 days after the issuance of a notice or order charging that a violation ofthis chapter has occurred, the division shall inform the permittee of the proposed assessment.
(b) The person charged with the penalty shall then have 30 days to pay the proposedassessment in full, or request an informal conference before the division.
(c) The informal conference held by the division may address either the amount of theproposed assessment or the fact of the violation, or both.
(d) If the permittee who requested the informal conference and participated in theproceedings is not in agreement with the results of the informal conference, the permittee may,within 30 days of receipt of the decision made by the division in the informal conference, requesta hearing before the board.
(e) (i) Prior to any review of the proposed assessment or the fact of a violation by theboard, and within 30 days of receipt of the decision made by the division in the informalconference, the permittee shall forward to the division the amount of the proposed assessment forplacement in an escrow account.
(ii) If the operator fails to forward the amount of the penalty to the division within 30days of receipt of the results of the informal conference, the operator waives any opportunity forfurther review of the fact of the violation or to contest the amount of the civil penalty assessed forthe violation.
(iii) If, through administrative or judicial review, it is determined that no violationoccurred or that the amount of the penalty should be reduced, the division shall within 30 daysremit the appropriate amount to the operator with interest accumulated.
(3) (a) A civil penalty assessed by the division shall be final only after the person chargedwith a violation described under Subsection (1) has been given an opportunity for a publichearing.
(b) If a public hearing is held, the board shall make findings of fact and shall issue awritten decision as to the occurrence of the violation and the amount of the penalty which iswarranted, incorporating, when appropriate, an order requiring that the penalty be paid.
(c) When appropriate, the board shall consolidate the hearings with other proceedings

under Section 40-10-22.
(d) Any hearing under this section shall be of record and shall be conducted pursuant toboard rules governing the proceedings.
(e) If the person charged with a violation fails to avail himself of the opportunity for apublic hearing, a civil penalty shall be assessed by the division after the division:
(i) has determined:
(A) that a violation did occur; and
(B) the amount of the penalty which is warranted; and
(ii) has issued an order requiring that the penalty be paid.
(4) Civil penalties owed under this chapter may be recovered in a civil action brought bythe attorney general of Utah at the request of the board in any appropriate district court of thestate.
(5) Any person who willfully and knowingly violates a condition of a permit issuedpursuant to this chapter or fails or refuses to comply with any order issued under Section40-10-22 or any order incorporated in a final decision issued by the board under this chapter,except an order incorporated in a decision under Subsection (3), shall, upon conviction, bepunished by a fine of not more than $10,000, or by imprisonment for not more than one year, orboth.
(6) Whenever a corporate permittee violates a condition of a permit issued pursuant tothis chapter or fails or refuses to comply with any order incorporated in a final decision issued bythe board under this chapter, except an order incorporated in a decision issued under Subsection(3), any director, officer, or agent of the corporation who willfully and knowingly authorized,ordered, or carried out the violation, failure, or refusal shall be subject to the same civil penalties,fines, and imprisonment that may be imposed upon a person under Subsections (1) and (5).
(7) Whoever knowingly makes any false statement, representation, or certification, orknowingly fails to make any statement, representation, or certification in any application, record,report, plan, or other document filed or required to be maintained pursuant to this chapter or anyorder or decision issued by the board under this chapter shall, upon conviction, be punished by afine of not more than $10,000, or by imprisonment for not more than one year, or both.
(8) (a) Any operator who fails to correct a violation for which a notice or cessation orderhas been issued under Subsection 40-10-22(1) within the period permitted for its correction shallbe assessed a civil penalty of not less than $750 for each day during which the failure or violationcontinues.
(b) The period permitted for correction of a violation for which a notice of cessationorder has been issued under Subsection 40-10-22(1) may not end until:
(i) the entry of a final order by the board, in the case of any review proceedings initiatedby the operator in which the board orders, after an expedited hearing, the suspension of theabatement requirements of the citation after determining that the operator will suffer irreparableloss or damage from the application of those requirements; or
(ii) the entry of an order of the court, in the case of any review proceedings initiated bythe operator wherein the court orders the suspension of the abatement requirements of the citation.

Amended by Chapter 99, 1997 General Session