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S.B. 88






Sponsor: Bill Wright

             6      This act modifies the Environmental Self-Evaluation Act. The act extends the time period
             7      for disclosure of an instance of noncompliance with an environmental law or requirement
             8      from ten to 21 days. The act makes technical changes.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          19-7-109, as enacted by Chapter 91, Laws of Utah 1996
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 19-7-109 is amended to read:
             14           19-7-109. Incentives for voluntary disclosure and compliance -- Waiver of civil
             15      penalties.
             16          (1) As used in this section, "regulated entity" means any person, business, or other entity
             17      subject to regulation under Title 19, Environmental Quality Code.
             18          (2) The department shall waive civil penalties for an instance of noncompliance with an
             19      environmental law or requirement:
             20          (a) that a regulated entity discovered through an environmental self-evaluation;
             21          (b) that a regulated entity voluntarily disclosed to the department in writing within [ten]
             22      21 days after the entity's discovery of the violation;
             23          (c) that a regulated entity remedied or corrected within 60 days after discovery of the
             24      violation, or within a reasonable amount of time if the violation cannot be remedied within 60
             25      days; and
             26          (d) regarding which the regulated entity submitted to the department a written outline of
             27      reasonable steps the regulated entity will take to prevent a recurrence.

             28          (3) The department may not waive penalties under Subsection (2) if:
             29          (a) the instance of noncompliance resulted from a lack of due diligence in complying with
             30      environmental laws, taking into account the size and nature of the regulated entity;
             31          (b) the instance of noncompliance is a recurrence of a similarly caused specific violation
             32      or a violation of the specific terms of a judicial or administrative consent order or agreement;
             33          (c) the instance of noncompliance resulted from reckless or willful disregard of
             34      environmental laws;
             35          (d) the regulated entity conducted the environmental self-evaluation for a fraudulent
             36      purpose;
             37          (e) the department had already initiated a compliance investigation at the time of the
             38      disclosure and the regulated entity had been advised of or was aware of the investigation;
             39          (f) the instance of noncompliance was discovered pursuant to a legally mandated
             40      monitoring, testing, or sampling requirement prescribed by law, rule, permit, order, or consent
             41      agreement; or
             42          (g) the instance of noncompliance resulted in serious actual harm or imminent and
             43      substantial endangerment to human health or the environment.
             44          (4) (a) To the extent the instance of noncompliance resulted in an economic benefit or
             45      competitive advantage over other similar regulated entities that did achieve compliance, the
             46      department may seek a civil penalty to recover the monetary amount of the economic benefit or
             47      competitive advantage resulting from the incidence of noncompliance.
             48          (b) Action under this Subsection (4) is not prohibited by Subsection (2).
             49          (5) This section does not limit the department's discretion in reducing penalties for
             50      noncompliance with an environmental law which may not fully qualify for waiver under this
             51      section, but which the department determines should be appropriately reduced.

Legislative Review Note
    as of 7-30-01 8:08 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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