2006 Utah Code - 19-4-109 — Violations -- Penalties -- Reimbursement for expenses.

     19-4-109.   Violations -- Penalties -- Reimbursement for expenses.
     (1) Any person that violates any rule or order made or issued pursuant to this chapter is subject to a civil penalty of not more than $1,000 per day for each day of violation. The board may assess and make a demand for payment of a penalty under this section by directing the executive secretary to issue a notice of agency action under Title 63, Chapter 46b, Administrative Procedures Act.
     (2) (a) Any person that willfully violates any rule or order made or issued pursuant to this chapter, or that willfully fails to take any corrective action required by such an order, is guilty of a class B misdemeanor and subject to a fine of not more than $5,000 per day for each day of violation.
     (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 (b), all penalties assessed and collected under the authority of this section shall be deposited in the General Fund.
     (b) The department may reimburse itself and local governments from monies 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.

Amended by Chapter 174, 1998 General Session