19-3-109 - Civil penalties -- Appeals.
19-3-109. Civil penalties -- Appeals.
(1) A person who violates any provision of Sections 19-3-104 through 19-3-113, any ruleor order issued under the authority of those sections, or the terms of a license, permit, orregistration certificate issued under the authority of those sections is subject to a civil penalty notto exceed $5,000 for each violation.
(2) The board may assess and make a demand for payment of a penalty under this sectionand may compromise or remit that penalty.
(3) In order to make demand for payment of a penalty assessed under this section, theboard shall issue a notice of agency action, specifying, in addition to the requirements for noticesof agency action contained in Title 63G, Chapter 4, Administrative Procedures Act:
(a) the date, facts, and nature of each act or omission charged;
(b) the provision of the statute, rule, order, license, permit, or registration certificate thatis alleged to have been violated;
(c) each penalty that the bureau proposes to impose, together with the amount and date ofeffect of that penalty; and
(d) that failure to pay the penalty or respond may result in a civil action for collection.
(4) A person notified according to Subsection (3) may request an adjudicativeproceeding.
(5) Upon request by the board, the attorney general may institute a civil action to collecta penalty imposed under this section.
(6) (a) Except as provided in Subsection (6)(b), the department shall deposit all moneycollected from civil penalties imposed under this section into the General 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 that:
(i) define qualifying environmental enforcement activities; and
(ii) define qualifying extraordinary expenses.
Amended by Chapter 382, 2008 General Session