Utah Administrative Code
Topic - Environmental Quality
Title R309 - Drinking Water
Rule R309-405 - Compliance and Enforcement: Administrative Penalty
Section R309-405-3 - Definitions
Current through Bulletin 2024-06, March 15, 2024
The following additional definitions apply to Rule R309-405:
(1) "Administrative order" means any form of order issued by the Director under the Safe Drinking Water Act that requires the supplier to take an action or refrain from taking an action. Administrative orders include any order variations, including Compliance Agreement/Enforcement Order, Stipulated Consent Order, Initial New System Order, and any form of unilateral order.
(2) "Administrative penalties" are monetary sanctions imposed by the Director pursuant to Section 19-1-109 arising from violations of the Safe Drinking Water Act, rules promulgated by the Board, or lawful orders issued by the Director.
(3) "Formal enforcement" is an action initiated by the Director that is intended to result in an enforceable order or final violation finding under either administrative or civil (judicial) procedures.
(4) A "notice of agency action" is a notice issued by the Director under Section 19-4-109(4) and the Utah Administrative Procedures Act that initiates any type of formal enforcement action that involves the assessment of administrative penalties. A notice of agency action may include a notice of violation or an administrative order in any combination where a penalty is being sought in connection with the formal enforcement matter.
(5) A "notice of violation" is a written notice signed by the Director under Section 19-4-107 stating the nature of the violation of one or more legally-binding requirements. A notice of violation may include an administrative order to correct the violation or seek a variance by a specific date. A notice of violation may be the only formal enforcement action taken or it may be used as a basis for other enforcement actions.
(6) "Respondent" is the public water system supplier or other person who is the subject of the notice of violation, administrative order, or other form of formal enforcement under this rule.
