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S.B. 96 Enrolled

    

SAFE DRINKING WATER ACT AMENDMENTS

    
1998 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: John P. Holmgren

    AN ACT RELATING TO THE ENVIRONMENTAL QUALITY CODE; PROVIDING FOR THE
    ASSESSMENT OF A CIVIL PENALTY BY NOTICE OF AGENCY ACTION RATHER
    THAN THROUGH A CIVIL PROCEEDING; MAKING THE WILLFUL VIOLATION OF
    THE ACT A CLASS B MISDEMEANOR; AND MAKING TECHNICAL CHANGES.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         19-4-109, as renumbered and amended by Chapter 112, Laws of Utah 1991
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 19-4-109 is amended to read:
         19-4-109. Violations -- Penalties -- Reimbursement for expenses.
        (1) Any person that violates any rule or order made or issued pursuant to this chapter is
    subject[, in a civil proceeding,] to a civil penalty of not more than $1,000 per day for each day of
    violation. The board may assess and make a demand for payment of a penalty under this section
    by directing the executive secretary to issue a notice of agency action under Title 63, Chapter 46b,
    Administrative Procedures Act.
        (2) (a) Any person that willfully violates any rule or order made or issued pursuant to this
    chapter, or that willfully fails to take any corrective action required by such an order, is guilty of
    [an infraction] a class B misdemeanor and subject to a fine of not more than $5,000 per day for
    each day of violation.
        (b) In addition, the person is subject, in a civil proceeding, to a penalty of not more than
    $5,000 per day for each day of violation.
        (3) (a) Except as provided in Subsection (b), 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 that:
        (i) define qualifying environmental enforcement activities; and
        (ii) define qualifying extraordinary expenses.

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