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2025 Utah Code
Title 40 - Mines and Mining
Chapter 11 - Geologic Carbon Storage
Section 24 - Criminal and civil violations -- Penalties -- Enforcement -- Emergency order.
Universal Citation:
UT Code § 40-11-24 (2025)
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Effective 5/7/2025
40-11-24. Criminal and civil violations -- Penalties -- Enforcement -- Emergency order.
Enacted by Chapter 139, 2025 General Session
40-11-24. Criminal and civil violations -- Penalties -- Enforcement -- Emergency order.
- (1)As used in this section:
- (a)"Knowingly" means the same as that term is defined in Section 76-2-103.
- (b)
- (i)"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or any other legal or commercial entity.
- (ii)"Person" includes a director, officer, or agent of a legal or commercial entity.
- (c)"Willfully" means the same as that term is defined in Section 76-2-103.
- (2)
- (a)A person is guilty of a class B misdemeanor if the person knowingly or willfully:
- (i)makes or causes to be made a false statement, representation, or certification in a report, record, account, or memorandum required by this chapter or an order made under this chapter;
- (ii)omits or causes to be omitted a full, true, and correct entry from a report, record, account, or memorandum required by this chapter or an order made under this chapter;
- (iii)omits or causes to be omitted a statement, representation, or certification in an application, record, report, plan, or other document required by this chapter or an order made under this chapter;
- (iv)removes from this state or destroys, alters, or falsifies a report, record, account, or memorandum required by this chapter or an order made under this chapter; or
- (v)violates this chapter or a permit, rule, or order made under this chapter.
- (b)Each day that a violation under Subsection (2)(a) continues is a separate violation.
- (c)Upon conviction, each violation is subject to a fine of $5,000.
- (a)A person is guilty of a class B misdemeanor if the person knowingly or willfully:
- (3)
- (a)The board or division may impose an administrative penalty by the process described in Subsection 40-6-11(4) on a person that violates this chapter or a permit, rule, or order made under this chapter.
- (b)The board or division may only impose an administrative penalty or initiate a civil action on a person that violates this chapter within two years after the day on which the board or division discovers the violation.
- (4)
- (a)The board or division may issue written notice to a person that the board or division determines is in violation of this chapter.
- (b)The written notice described in Subsection (4)(a) shall include:
- (i)the provision of this chapter that the board or division alleges the person to have violated;
- (ii)the facts alleged to constitute the violation; and
- (iii)an order for the person to take necessary corrective action no later than 45 days after the day of receipt of the written notice.
- (c)The board or division may bring a civil action for injunctive relief and enforcement of this chapter if a violation continues after the 45-day period described in Subsection (4)(b)(iii).
- (5)If the director determines that a violation of this chapter presents an immediate threat to the public health or welfare, the director may issue an emergency order in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Enacted by Chapter 139, 2025 General Session
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