Utah Admin. Code R315-102-1 - Purpose, Scope, and Applicability
(a) Subsection
19-6-113(2)
of the Utah Solid and Hazardous Waste Act provides that any person who violates
any order, plan, rule, or other requirement issued or adopted under the Act is
subject in a civil proceeding to a penalty of not more than $13,000 per day for
each day of violation. Subsection
19-6-721(1)
of the Used Oil Management Act provide that any person who violates any order,
plan, rule, or other requirement issued or adopted under the Acts is subject in
a civil proceeding to a penalty of not more than $10,000 per day for each day
of violation. Subsection 19-6- 104(1)(e) of the Utah Solid and Hazardous Waste
Act allows the Director to settle or compromise administrative or civil actions
initiated to compel compliance with the Act or rules adopted under the
Act.
(b) The following criteria are
to be used by the Director for determining amounts which (1) may be sought in
settlement of enforcement actions, and which (2) may be accepted in settlement
of enforcement actions.
(c) The
procedures in R315-102 are intended solely for the guidance of the Director and
are not intended, and cannot be relied upon, to create a cause of action
against the State.
Notes
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