Utah Admin. Code R652-21-1300 - Notices of Violation
(1) The division
shall issue a notice of violation if, on the basis of a division inspection, it
finds a violation of any condition of operations, applicable statutes, rules,
or contractual provisions.
(2) A
notice of violation shall be issued to the Operator or its agent setting a
reasonable time, not to exceed 60 days, for the abatement of the violation and
providing an opportunity for a conference with the division.
(3) A notice of violation shall be in
writing, signed by an authorized representative of the division, and will set
forth with specificity:
(a) the nature of the
violation;
(b) the remedial action
required, which may include interim steps;
(c) a time for abatement, which may include
time for accomplishment of interim steps; and
(d) a description of the operations to which
the notice of violation applies.
(4) After issuance of the notice of
violation, and within the 60 day abatement period, if good cause exists, the
division may provide the Operator with an opportunity to discuss operational
challenges preventing the remedial action and time for abatement.
(5) If, following issuance of a notice of
violation, the Operator fails to meet any time set for abatement, fails to
completely abate the violation, or fails to accomplish an interim step, the
division shall issue a cessation order under Section R652-21-1302.
(6) The division shall terminate a notice of
violation by written notice to the Great Salt Lake Operator when the division
determines the violation has been abated.
(7) Termination of a notice of violation does
not affect the right of the division to pursue any contractual remedies under
an Operations Royalty Agreement.
Notes
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