19-6-721 - Violations -- Proceedings -- Orders. - Utah Statutes

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Statutes > Utah > Title-19 > Chapter-06 > 19-6-721

19-6-721. Violations -- Proceedings -- Orders.
(1) A person who violates any provision of this part or any order, permit, rule, or otherrequirement issued or adopted under this part is subject in a civil proceeding to a penalty of notmore than $10,000 per day for each day of violation, in addition to any fine otherwise imposedfor violation of this part.
(2) (a) The board may bring suit in the name of the state to restrain the person fromcontinuing the violation and to require the person to perform necessary remediation.
(b) Suit under Subsection (2)(a) may be brought in any court in the state havingjurisdiction in the county of residence of the person charged or in the county where the violationis alleged to have occurred.
(c) The court may grant prohibitory and mandatory injunctions, including temporaryrestraining orders.
(3) When the executive secretary finds a situation exists in violation of this part thatpresents an immediate threat to the public health or welfare, the executive secretary may issue anemergency order under Title 63G, Chapter 4, Administrative Procedures Act.
(4) All penalties collected under this section shall be deposited in the account created inSection 19-6-719.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-721

19-6-721. Violations -- Proceedings -- Orders.
(1) A person who violates any provision of this part or any order, permit, rule, or otherrequirement issued or adopted under this part is subject in a civil proceeding to a penalty of notmore than $10,000 per day for each day of violation, in addition to any fine otherwise imposedfor violation of this part.
(2) (a) The board may bring suit in the name of the state to restrain the person fromcontinuing the violation and to require the person to perform necessary remediation.
(b) Suit under Subsection (2)(a) may be brought in any court in the state havingjurisdiction in the county of residence of the person charged or in the county where the violationis alleged to have occurred.
(c) The court may grant prohibitory and mandatory injunctions, including temporaryrestraining orders.
(3) When the executive secretary finds a situation exists in violation of this part thatpresents an immediate threat to the public health or welfare, the executive secretary may issue anemergency order under Title 63G, Chapter 4, Administrative Procedures Act.
(4) All penalties collected under this section shall be deposited in the account created inSection 19-6-719.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-721

19-6-721. Violations -- Proceedings -- Orders.
(1) A person who violates any provision of this part or any order, permit, rule, or otherrequirement issued or adopted under this part is subject in a civil proceeding to a penalty of notmore than $10,000 per day for each day of violation, in addition to any fine otherwise imposedfor violation of this part.
(2) (a) The board may bring suit in the name of the state to restrain the person fromcontinuing the violation and to require the person to perform necessary remediation.
(b) Suit under Subsection (2)(a) may be brought in any court in the state havingjurisdiction in the county of residence of the person charged or in the county where the violationis alleged to have occurred.
(c) The court may grant prohibitory and mandatory injunctions, including temporaryrestraining orders.
(3) When the executive secretary finds a situation exists in violation of this part thatpresents an immediate threat to the public health or welfare, the executive secretary may issue anemergency order under Title 63G, Chapter 4, Administrative Procedures Act.
(4) All penalties collected under this section shall be deposited in the account created inSection 19-6-719.

Amended by Chapter 382, 2008 General Session