19-6-113 - Violations -- Penalties -- Reimbursement for expenses.
19-6-113. Violations -- Penalties -- Reimbursement for expenses.
(1) As used in this section, "RCRA" means the Resource Conservation and RecoveryAct, 42 U.S.C. Section 6901, et seq.
(2) Any person who violates any order, plan, rule, or other requirement issued or adoptedunder this part is subject in a civil proceeding to a penalty of not more than $13,000 per day foreach day of violation.
(3) On or after July 1, 1990, no person shall knowingly:
(a) transport or cause to be transported any hazardous waste identified or listed under thispart to a facility that does not have a hazardous waste operation plan or permit under this part orRCRA;
(b) treat, store, or dispose of any hazardous waste identified or listed under this part:
(i) without having obtained a hazardous waste operation plan or permit as required bythis part or RCRA;
(ii) in knowing violation of any material condition or requirement of a hazardous wasteoperation plan or permit; or
(iii) in knowing violation of any material condition or requirement of any rules orregulations under this part or RCRA;
(c) omit material information or make any false material statement or representation inany application, label, manifest, record, report, permit, operation plan, or other document filed,maintained, or used for purposes of compliance with this part or RCRA or any rules orregulations made under this part or RCRA; and
(d) transport or cause to be transported without a manifest, any hazardous wasteidentified or listed under this part and required by rules or regulations made under this part orRCRA to be accompanied by a manifest.
(4) (a) (i) Any person who knowingly violates any provision of Subsection (3)(a) or (b) isguilty of a felony.
(ii) Notwithstanding Sections 76-3-203, 76-3-301, and 76-3-302, a person convicted of afelony under Subsection (3)(a) or (b) is subject to a fine of not more than $50,000 for each day ofviolation, or imprisonment for a term not to exceed five years, or both.
(iii) If a person is convicted of a second or subsequent violation under Subsection (3)(a)or (b), the maximum punishment is double both the fine and the term of imprisonment authorizedin Subsection (4)(a)(ii).
(b) (i) Any person who knowingly violates any of the provisions of Subsection (3)(c) or(d) is guilty of a felony.
(ii) Notwithstanding Sections 76-3-203, 76-3-301, and 76-3-302, a person convicted of afelony for a violation of Subsection (3)(c) or (d) is subject to a fine of not more than $50,000 foreach day of violation, or imprisonment for a term not to exceed two years, or both.
(iii) If a person is convicted of a second or subsequent violation under Subsection (3)(c)or (d), the maximum punishment is double both the fine and the imprisonment authorized inSubsection (4)(b)(ii).
(c) (i) Any person who knowingly transports, treats, stores, or disposes of any hazardouswaste identified or listed under this part in violation of Subsection (3)(a), (b), (c), or (d), whoknows at that time that he thereby places another person in imminent danger of death or seriousbodily injury is guilty of a felony.
(ii) Notwithstanding Sections 76-3-203, 76-3-301, and 76-3-302, a person convicted of a
felony described in Subsection (4)(c)(i) is subject to a fine of not more than $250,000 orimprisonment for a term not to exceed 15 years, or both.
(iii) A corporation, association, partnership, or governmental instrumentality, uponconviction of violating Subsection (4)(c)(i), is subject to a fine of not more than $1,000,000.
(5) (a) Except as provided in Subsections (5)(b) and (c) and Section 19-6-722, allpenalties assessed and collected under authority of this section shall be deposited in the GeneralFund.
(b) The department may reimburse itself and local governments from money collectedfrom civil penalties for qualifying extraordinary expenses incurred in qualifying environmentalenforcement activities.
(c) Notwithstanding the provisions of Section 78A-5-110, the department may reimburseitself and local governments from money collected from criminal fines for qualifyingextraordinary expenses incurred in prosecutions for violations of this part.
(d) The department shall regulate reimbursements by making rules that define:
(i) qualifying environmental enforcement activities; and
(ii) qualifying extraordinary expenses.
(6) Prosecution for criminal violations of this part may be commenced by the attorneygeneral, the county attorney, or the district attorney as appropriate under Section 17-18-1 or17-18-1.7 in any county where venue is proper.
Amended by Chapter 3, 2008 General Session