Utah Admin. Code R309-405-3 - Definitions
The following additional definitions apply to Rule R309-405:
(1) "Administrative order"
means any form of order issued by the Director under the Safe Drinking Water
Act that requires the supplier to take an action or refrain from taking an
action. Administrative orders include any order variations, including
Compliance Agreement/Enforcement Order, Stipulated Consent Order, Initial New
System Order, and any form of unilateral order.
(2) "Administrative penalties" are monetary
sanctions imposed by the Director pursuant to Section
19-1-109
arising from violations of the Safe Drinking Water Act, rules promulgated by
the Board, or lawful orders issued by the Director.
(3) "Formal enforcement" is an action
initiated by the Director that is intended to result in an enforceable order or
final violation finding under either administrative or civil (judicial)
procedures.
(4) A "notice of agency
action" is a notice issued by the Director under Section
19-4-109(4) and the Utah Administrative Procedures Act that initiates any type of formal
enforcement action that involves the assessment of administrative penalties. A
notice of agency action may include a notice of violation or an administrative
order in any combination where a penalty is being sought in connection with the
formal enforcement matter.
(5) A
"notice of violation" is a written notice signed by the Director under Section
19-4-107
stating the nature of the violation of one or more legally-binding
requirements. A notice of violation may include an administrative order to
correct the violation or seek a variance by a specific date. A notice of
violation may be the only formal enforcement action taken or it may be used as
a basis for other enforcement actions.
(6) "Respondent" is the public water system
supplier or other person who is the subject of the notice of violation,
administrative order, or other form of formal enforcement under this
rule.
Notes
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