Utah Code 19-6-425. Violation of part — Civil penalty — Civil action
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(1) Except as provided in Section 19-6-407 , any person who violates any requirement of this part or any order issued or rule made under the authority of this part is subject to a civil penalty of not more than $10,000 per day for each day of violation.
Terms Used In Utah Code 19-6-425
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
- 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
- Petroleum: includes crude oil or a fraction of crude oil that is liquid at:(20)(a) 60 degrees Fahrenheit; and(20)(b) a pressure of 14. See Utah Code 19-6-402
- Petroleum storage tank: means a tank that:
(21)(a) is an underground storage tank;(21)(b) is an aboveground petroleum storage tank; or(21)(c) is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402- Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, Utah Code 19-6-402
- Venue: The geographical location in which a case is tried.
(2)(2)(a) The director may enforce any requirement, rule, agreement, or order issued under this part by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.(2)(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring an action in the county where the underground storage tank or petroleum storage tank is located if the director brings the action in the district court.(3) The department shall deposit the penalties collected under this part in the Petroleum Storage Tank Restricted Account created under Section19-6-405.5 . - Petroleum storage tank: means a tank that: