Utah Code 19-6-306. Penalties — Lawsuits
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(1) Any person who violates any final order or rule issued or made under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of violation.
Terms Used In Utah Code 19-6-306
- Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
- Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
- Release: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
- Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
- Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
- Venue: The geographical location in which a case is tried.
(2) Any person who violates the terms of any agreement made under authority of this part is subject in a civil proceeding to pay:
(2)(a) any penalties stipulated in the agreement; or
(2)(b) if no penalties are stipulated in the agreement, a penalty of not more than $10,000 per day for each day of violation.
(3) The executive director shall deposit all civil penalties collected under the authority of this section into the General Fund.
(4)
(4)(a) The executive director may enforce any orders issued under authority of this part by bringing a suit to enforce the order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration .
(4)(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the executive director brings a suit described in Subsection (4)(a) in the district court, the executive director shall bring the suit in:
(4)(b)(i) Salt Lake County; or
(4)(b)(ii) the county where the hazardous substances release occurred.
(4)(c) After a remedial investigation has been completed, the executive director may bring a suit in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against all responsible parties, asking the court for injunctive relief and to apportion liability among the responsible parties for performance of remedial action.