Utah Admin. Code R311-208-4 - Factors for Imposition of Section 19-6-416 Penalties
(1) Where the director determines a penalty
is appropriate under Section
19-6-416,
the penalty shall not be more than $500 per occurrence. Factors that mitigate
against a higher penalty are:
(a) a
facility's certificate of compliance recently lapsed and product has been
delivered; or
(b) a facility is in
compliance and replaces their tank and received one delivery of fuel without a
certificate of compliance or authorization from the department, or a new
facility or new tanks receive an initial delivery of fuel without a certificate
of compliance or authorization from the director.
(2) The director may assess a penalty against
each violator involved in an illegal delivery occurrence.
(a) if a violator is operating as a deliverer
and an owner or operator, the violator may be assessed a penalty in each
capacity.
Notes
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