19-6-821 - Violations -- Civil proceedings and penalties -- Orders.
19-6-821. Violations -- Civil proceedings and penalties -- Orders.
(1) A person who violates any provision of this part or any order, permit, plan approval,or rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 perday for each day of violation as determined in a civil hearing under Title 63G, Chapter 4,Administrative Procedures Act, except:
(a) any violation of Subsection 19-6-804(1) or (3), regarding landfills, is subject to thepenalty under Subsection 19-6-804(4) rather than the penalties under this section; and
(b) any violation of Subsection 19-6-808(1), (2), or (3) regarding payment of therecycling fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808(4)rather than the penalties under this section.
(2) The board may bring an action in the name of the state to restrain a person fromcontinuing a violation of this part and to require the person to perform necessary remediationregarding a violation of this part.
(3) When the executive secretary finds a situation exists in violation of this part thatpresents an immediate threat to the public health or welfare, the executive secretary may issue anemergency order under Title 63G, Chapter 4, Administrative Procedures Act.
(4) The executive secretary may revoke the registration of a waste tire recycler ortransporter who violates any provision of this part or any order, plan approval, permit, or ruleissued or adopted under this part.
(5) The executive secretary may revoke the tire storage permit for a storage facility that isin violation of any provision of this part or any order, plan approval, permit, or rule issued oradopted under this part.
(6) If a person has been convicted of violating a provision of this part prior to a findingby the executive secretary of a violation of the same provision in an administrative hearing, theexecutive secretary may not assess a civil monetary penalty under this section for the sameoffense for which the conviction was obtained.
(7) All penalties collected under this section shall be deposited in the fund.
Amended by Chapter 382, 2008 General Session