19-2-115 - Violations -- Penalties -- Reimbursement for expenses.
19-2-115. Violations -- Penalties -- Reimbursement for expenses.
(1) As used in this section, the terms "knowingly," "willfully," and "criminal negligence"shall mean as defined in Section 76-2-103.
(2) (a) A person who violates this chapter, or any rule, order, or permit issued or madeunder this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day foreach violation.
(b) Subsection (2)(a) also applies to rules made under the authority of Section 19-2-104,for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II -Asbestos Hazard Emergency Response.
(c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic SubstancesControl Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the amountsspecified in that section and shall be used in accordance with that section.
(3) A person is guilty of a class A misdemeanor and is subject to imprisonment underSection 76-3-204 and a fine of not more than $25,000 per day of violation if that personknowingly violates any of the following under this chapter:
(a) an applicable standard or limitation;
(b) a permit condition; or
(c) a fee or filing requirement.
(4) A person is guilty of a third degree felony and is subject to imprisonment underSection 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly:
(a) makes any false material statement, representation, or certification, in any notice orreport required by permit; or
(b) renders inaccurate any monitoring device or method required to be maintained by thischapter or applicable rules made under this chapter.
(5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penaltyunder Section 19-2-109.1.
(6) A person who willfully violates Section 19-2-120 is guilty of a class A misdemeanor.
(7) A person who knowingly violates any requirement of an applicable implementationplan adopted by the board, more than 30 days after having been notified in writing by theexecutive secretary that the person is violating the requirement, knowingly violates an orderissued under Subsection 19-2-110(1)(a), or knowingly handles or disposes of asbestos inviolation of a rule made under this chapter is guilty of a third degree felony and subject toimprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation inthe case of the first offense, and not more than $50,000 per day of violation in the case ofsubsequent offenses.
(8) (a) As used in this section:
(i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C.7412 or any extremely hazardous substance listed under 42 U.S.C. 11002(a)(2).
(ii) "Organization" means a legal entity, other than a government, established ororganized for any purpose, and includes a corporation, company, association, firm, partnership,joint stock company, foundation, institution, trust, society, union, or any other association ofpersons.
(iii) "Serious bodily injury" means bodily injury which involves a substantial risk ofdeath, unconsciousness, extreme physical pain, protracted and obvious disfigurement, orprotracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment underSection 76-3-204 and a fine of not more than $25,000 per day of violation if that person withcriminal negligence:
(A) releases into the ambient air any hazardous air pollutant; and
(B) places another person in imminent danger of death or serious bodily injury.
(ii) As used in this Subsection (8)(b), "person" does not include an employee who iscarrying out the employee's normal activities and who is not a part of senior managementpersonnel or a corporate officer.
(c) A person is guilty of a second degree felony and is subject to imprisonment underSection 76-3-203 and a fine of not more than $50,000 per day of violation if that person:
(i) knowingly releases into the ambient air any hazardous air pollutant; and
(ii) knows at the time that the person is placing another person in imminent danger ofdeath or serious bodily injury.
(d) If a person is an organization, it shall, upon conviction of violating Subsection (8)(c),be subject to a fine of not more than $1,000,000.
(e) (i) A defendant who is an individual is considered to have acted knowingly underSubsections (8)(c) and (d), if:
(A) the defendant's conduct placed another person in imminent danger of death or seriousbodily injury; and
(B) the defendant was aware of or believed that there was an imminent danger of deathor serious bodily injury to another person.
(ii) Knowledge possessed by a person other than the defendant may not be attributed tothe defendant.
(iii) Circumstantial evidence may be used to prove that the defendant possessed actualknowledge, including evidence that the defendant took affirmative steps to be shielded fromreceiving relevant information.
(f) (i) It is an affirmative defense to prosecution under this Subsection (8) that theconduct charged was freely consented to by the person endangered and that the danger andconduct charged were reasonably foreseeable hazards of:
(A) an occupation, a business, a profession; or
(B) medical treatment or medical or scientific experimentation conducted byprofessionally approved methods and the other person was aware of the risks involved prior togiving consent.
(ii) The defendant has the burden of proof to establish any affirmative defense under thisSubsection (8)(f) and must prove that defense by a preponderance of the evidence.
(9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law, allpenalties assessed and collected under the authority of this section shall be deposited in theGeneral Fund.
(b) The department may reimburse itself and local governments from money collectedfrom civil penalties for extraordinary expenses incurred in environmental enforcement activities.
(c) The department shall regulate reimbursements by making rules in accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(i) define qualifying environmental enforcement activities; and
(ii) define qualifying extraordinary expenses.
Amended by Chapter 382, 2008 General Session