Utah Administrative Code
Topic - Environmental Quality
Title R309 - Drinking Water
Rule R309-405 - Compliance and Enforcement: Administrative Penalty
Section R309-405-4 - Formal Enforcement Introduction; No Limits on Authority and Remedies
Current through Bulletin 2024-06, March 15, 2024
Section R309-405-4 addresses administrative procedures as they apply to formal enforcement actions.
(1) Formal enforcement actions are initiated by the Director through the issuance of a notice of violation or any form of administrative order, notice of agency action, or any combination of a notice of violation, administrative order, or notice of agency action.
(2) The Director may initiate and pursue formal enforcement through administrative procedures or through judicial procedures. In lieu of initiating formal enforcement through administrative procedures, the Director may initiate formal enforcement proceedings through judicial procedures in state court under Subsection 19-4-109(8). Final administrative orders may also be enforced in state court through judicial procedures.
(3) Administrative penalties are intended to emphasize the need for timely, meaningful, and lasting corrective actions and to deter future violations.
(4) Nothing in Rule R309-405 should be construed to limit the Director's enforcement discretion or right to pursue any administrative or judicial enforcement actions under the Safe Drinking Water Act.
