Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-208 - Petroleum Storage Tank Penalty Guidance
Section R311-208-3 - Satisfaction of Penalty Under Stipulated Penalty Agreement
Universal Citation: UT Admin Code R 311-208-3
Current through Bulletin 2024-06, March 15, 2024
(1) The director may accept the following methods of payment or satisfaction of a penalty to promote compliance and to achieve the purposes set forth in Subsection 19-1-102(3):
(a) payment of the penalty may be extended
based on a person's inability to pay;
(i) this
should be distinguished from a person's unwillingness to pay.
(ii) in cases of financial hardship, the
director may accept payment of the penalty under an installment plan or delayed
payment schedule with interest.
(b) without regard to financial hardship, the
director may allow a portion of the penalty to be deferred and eventually
waived if no further violations are committed within a period designated by the
director; or
(c) in some cases, the
director may allow the violator to satisfy the stipulated penalty by completing
an environmentally beneficial mitigation project approved by the director. The
following criteria shall be used in determining the eligibility of such
projects:
(i) the project must be in addition
to regulatory compliance obligations;
(ii) the project preferably should closely
address the environmental effects of the violation;
(iii) the actual cost to the violator, after
consideration of tax benefits, must reflect a deterrent effect;
(iv) the project must primarily benefit the
environment rather than benefit the violator;
(v) the project must be judicially
enforceable; and
(vi) the project
must not generate positive public perception for violations of the
law.
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