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 made
under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for
each 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 Substances
Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the amounts
specified 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 under
Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person
knowingly 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 under
Section 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 or
report required by permit; or
(b) renders inaccurate any monitoring device or method required to be maintained by this
chapter or applicable rules made under this chapter.
(5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty
under 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 implementation
plan adopted by the board, more than 30 days after having been notified in writing by the
executive secretary that the person is violating the requirement, knowingly violates an order
issued under Subsection 19-2-110(1)(a), or knowingly handles or disposes of asbestos in
violation of a rule made under this chapter is guilty of a third degree felony and subject to
imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation in
the case of the first offense, and not more than $50,000 per day of violation in the case of
subsequent 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 or
organized for any purpose, and includes a corporation, company, association, firm, partnership,
joint stock company, foundation, institution, trust, society, union, or any other association of
persons.
(iii) "Serious bodily injury" means bodily injury which involves a substantial risk of
death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
protracted 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 under
Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with
criminal 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 is
carrying out the employee's normal activities and who is not a part of senior management
personnel or a corporate officer.
(c) A person is guilty of a second degree felony and is subject to imprisonment under
Section 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 of
death 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 under
Subsections (8)(c) and (d), if:
(A) the defendant's conduct placed another person in imminent danger of death or serious
bodily injury; and
(B) the defendant was aware of or believed that there was an imminent danger of death
or serious bodily injury to another person.
(ii) Knowledge possessed by a person other than the defendant may not be attributed to
the defendant.
(iii) Circumstantial evidence may be used to prove that the defendant possessed actual
knowledge, including evidence that the defendant took affirmative steps to be shielded from
receiving relevant information.
(f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the
conduct charged was freely consented to by the person endangered and that the danger and
conduct charged were reasonably foreseeable hazards of:
(A) an occupation, a business, a profession; or
(B) medical treatment or medical or scientific experimentation conducted by
professionally approved methods and the other person was aware of the risks involved prior to
giving consent.
(ii) The defendant has the burden of proof to establish any affirmative defense under this
Subsection (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, all
penalties assessed and collected under the authority of this section shall be deposited in the
General Fund.
(b) The department may reimburse itself and local governments from monies collected
from civil penalties for extraordinary expenses incurred in environmental enforcement activities.
(c) The department shall regulate reimbursements by making rules in accordance with
Title 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
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Last revised: Thursday, May 28, 2009