Utah § 19-1-303 Criminal and civil penalties -- Liability for violations -- Reimbursement.

Utah Statutes

§ 19-1-303 — Criminal and civil penalties -- Liability for violations -- Reimbursement.

Utah·Title 19 Environmental Quality Code·Ch. 19-1 General Provisions·Part 19-1-3 Administration

(1)(1)(a) Any person who violates any provision of this title or lawful orders or rules adopted under this title by the department shall:

(1)(a)(i) in a civil proceeding be assessed a penalty not to exceed the sum of $5,000; or

(1)(a)(ii) in a criminal proceeding:

(1)(a)(ii)(A) for the first violation, be guilty of a class B misdemeanor; and

(1)(a)(ii)(B) for a subsequent similar violation within two years, be guilty of a class A misdemeanor.

(1)(b) In addition, a person is liable for any expense incurred by the department in removing or abating any violation.

(2)Assessment or conviction under this title does not relieve the person assessed or convicted from civil liability for any act which was also a violation of the public health laws.

(3)Each day of violation of this title or rules

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(1) (1)(a) Any person who violates any provision of this title or lawful orders or rules adopted under this title by the department shall:
(1)(a)(i) in a civil proceeding be assessed a penalty not to exceed the sum of $5,000; or
(1)(a)(ii) in a criminal proceeding:
(1)(a)(ii)(A) for the first violation, be guilty of a class B misdemeanor; and
(1)(a)(ii)(B) for a subsequent similar violation within two years, be guilty of a class A misdemeanor.
(1)(b) In addition, a person is liable for any expense incurred by the department in removing or abating any violation.
(2) Assessment or conviction under this title does not relieve the person assessed or convicted from civil liability for any act which was also a violation of the public health laws.
(3) Each day of violation of this title or rules made by the department may be considered a separate violation.
(4) The enforcement procedures and penalties provided in Subsections (1) through (3) do not apply to chapters in this title which provide for other specific enforcement procedures and penalties.
(5) (5)(a) Except as provided in this Subsection (5) or otherwise in this title, the department shall deposit all civil penalties and fines imposed and collected under this title into the General Fund.
(5)(b) The department shall reimburse a local health department for costs associated with collecting a civil penalty under this title by the local health department.
(5)(c) The department may reimburse the department, a local government, or a local health department from money collected:
(5)(c)(i) from a civil penalty for a qualifying extraordinary expense incurred in a qualifying environmental enforcement activity; and
(5)(c)(ii) notwithstanding the provisions of Section 78A-5-110, from a criminal fine for a qualifying extraordinary expense incurred in a prosecution for a violation of this title.
(5)(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to define:
(5)(d)(i) a qualifying environmental enforcement activity; and
(5)(d)(ii) a qualifying extraordinary expense.

Utah § 19-1-303 (Criminal and civil penalties -- Liability for violations -- Reimbursement.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.