§ 19-6-306 — Penalties -- Lawsuits.

(1) Any person who violates any final order or rule issued or made under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of violation.
(2) Any person who violates the terms of any agreement made under authority of this part is subject in a civil proceeding to pay:
(2)(a) any penalties stipulated in the agreement; or
(2)(b) if no penalties are stipulated in the agreement, a penalty of not more than $10,000 per day for each day of violation.
(3) The executive director shall deposit all civil penalties collected under the authority of this section into the General Fund.
(4) (4)(a) The executive director may enforce any orders issued under authority of this part by bringing a suit to enforce the order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
(4)(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the executive director brings a suit described in Subsection (4)(a) in the district court, the executive director shall bring the suit in:
(4)(b)(i) Salt Lake County; or
(4)(b)(ii) the county where the hazardous substances release occurred.
(4)(c) After a remedial investigation has been completed, the executive director may bring a suit in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against all responsible parties, asking the court for injunctive relief and to apportion liability among the responsible parties for performance of remedial action.

Legislative History

Amended by Chapter 158, 2024 General Session