19-3-312 - Enforcement -- Penalties. - Utah Statutes

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Statutes > Utah > Title-19 > Chapter-03 > 19-3-312

19-3-312. Enforcement -- Penalties.
(1) When the department or the governor has probable cause to believe a person isviolating or is about to violate any provision of this part, the department or the governor shalldirect the state attorney general to apply to the appropriate court for an order enjoining the personfrom engaging in or continuing to engage in the activity.
(2) In addition to being subject to injunctive relief, any person who violates any provisionof this part is subject to a civil penalty of up to $10,000 per day for each violation.
(3) Any person who knowingly violates a provision of this part is guilty of a class Amisdemeanor and subject to a fine of up to $10,000 per day.
(4) Any person or organization acting to facilitate a violation of any provision of this partregarding the regulation of greater than class C radioactive waste or high-level nuclear waste issubject to a civil penalty of up to $10,000 per day for each violation, in addition to being subjectto injunctive relief.
(5) Any person or organization who knowingly acts to facilitate a violation of this partregarding the regulation of high-level nuclear waste or greater than class C radioactive waste isguilty of a class A misdemeanor and is subject to a fine of up to $10,000 per day.
(6) (a) This section does not impose a civil or criminal penalty on any Utah-basednonprofit trade association due to the membership in the organization of a member that isengaging in, or attempting to engage in, the placement of high-level nuclear waste or greater thanclass C radioactive waste at a storage facility or transfer facility within the state.
(b) Subsection (6)(a) does not apply to a nonprofit trade association if that associationtakes any affirmative action to promote or assist any individual or organization in efforts toconduct any activity prohibited by this part.
(c) A member of any Utah-based nonprofit trade association is not exempt from any civilor criminal liability or penalty due to membership in the association.

Amended by Chapter 107, 2001 General Session

State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-03 > 19-3-312

19-3-312. Enforcement -- Penalties.
(1) When the department or the governor has probable cause to believe a person isviolating or is about to violate any provision of this part, the department or the governor shalldirect the state attorney general to apply to the appropriate court for an order enjoining the personfrom engaging in or continuing to engage in the activity.
(2) In addition to being subject to injunctive relief, any person who violates any provisionof this part is subject to a civil penalty of up to $10,000 per day for each violation.
(3) Any person who knowingly violates a provision of this part is guilty of a class Amisdemeanor and subject to a fine of up to $10,000 per day.
(4) Any person or organization acting to facilitate a violation of any provision of this partregarding the regulation of greater than class C radioactive waste or high-level nuclear waste issubject to a civil penalty of up to $10,000 per day for each violation, in addition to being subjectto injunctive relief.
(5) Any person or organization who knowingly acts to facilitate a violation of this partregarding the regulation of high-level nuclear waste or greater than class C radioactive waste isguilty of a class A misdemeanor and is subject to a fine of up to $10,000 per day.
(6) (a) This section does not impose a civil or criminal penalty on any Utah-basednonprofit trade association due to the membership in the organization of a member that isengaging in, or attempting to engage in, the placement of high-level nuclear waste or greater thanclass C radioactive waste at a storage facility or transfer facility within the state.
(b) Subsection (6)(a) does not apply to a nonprofit trade association if that associationtakes any affirmative action to promote or assist any individual or organization in efforts toconduct any activity prohibited by this part.
(c) A member of any Utah-based nonprofit trade association is not exempt from any civilor criminal liability or penalty due to membership in the association.

Amended by Chapter 107, 2001 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-03 > 19-3-312

19-3-312. Enforcement -- Penalties.
(1) When the department or the governor has probable cause to believe a person isviolating or is about to violate any provision of this part, the department or the governor shalldirect the state attorney general to apply to the appropriate court for an order enjoining the personfrom engaging in or continuing to engage in the activity.
(2) In addition to being subject to injunctive relief, any person who violates any provisionof this part is subject to a civil penalty of up to $10,000 per day for each violation.
(3) Any person who knowingly violates a provision of this part is guilty of a class Amisdemeanor and subject to a fine of up to $10,000 per day.
(4) Any person or organization acting to facilitate a violation of any provision of this partregarding the regulation of greater than class C radioactive waste or high-level nuclear waste issubject to a civil penalty of up to $10,000 per day for each violation, in addition to being subjectto injunctive relief.
(5) Any person or organization who knowingly acts to facilitate a violation of this partregarding the regulation of high-level nuclear waste or greater than class C radioactive waste isguilty of a class A misdemeanor and is subject to a fine of up to $10,000 per day.
(6) (a) This section does not impose a civil or criminal penalty on any Utah-basednonprofit trade association due to the membership in the organization of a member that isengaging in, or attempting to engage in, the placement of high-level nuclear waste or greater thanclass C radioactive waste at a storage facility or transfer facility within the state.
(b) Subsection (6)(a) does not apply to a nonprofit trade association if that associationtakes any affirmative action to promote or assist any individual or organization in efforts toconduct any activity prohibited by this part.
(c) A member of any Utah-based nonprofit trade association is not exempt from any civilor criminal liability or penalty due to membership in the association.

Amended by Chapter 107, 2001 General Session