Utah Admin. Code R58-26-9 - Penalties

1) The department shall use a penalty matrix to determine an appropriate penalty for violation of this rule.

2) The department shall calculate each penalty based on the level of violation and the adverse effect or potential adverse effect at the time of the incident giving rise to the violation.

3) The median penalty shall be assessed unless a proportionate adjustment is warranted or there is an aggravating or mitigating factor present.

4) The department may consider a circumstance enhancing or reducing the penalty based on the seriousness of the violation.

5) An aggravating and mitigating factor could include the following:

a) the number of separate alleged violations contained within a single notice of intent;

b) the magnitude of the harm, or potential harm, including quantity or degree caused by the violation;

c) the similarity of the current alleged violation to a violation committed by the permittee previously; or

d) the extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

6) The department will review past violation trends annually, and update the penalty matrix based on compliance history.

7) A copy of the penalty matrix will be made available from the department upon request.

Notes

Utah Admin. Code R58-26-9

Adopted by Utah State Bulletin Number 2020-14, effective 7/7/2020