Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-208 - Petroleum Storage Tank Penalty Guidance
Section R311-208-4 - Factors for Imposition of Section 19-6-416 Penalties
Universal Citation: UT Admin Code R 311-208-4
Current through Bulletin 2024-06, March 15, 2024
(1) Where the director determines a penalty is appropriate under Section 19-6-416, the penalty shall not be more than $500 per occurrence. Factors that mitigate against a higher penalty are:
(a) a
facility's certificate of compliance recently lapsed and product has been
delivered; or
(b) a facility is in
compliance and replaces their tank and received one delivery of fuel without a
certificate of compliance or authorization from the department, or a new
facility or new tanks receive an initial delivery of fuel without a certificate
of compliance or authorization from the director.
(2) The director may assess a penalty against each violator involved in an illegal delivery occurrence.
(a) if a violator is operating as a deliverer
and an owner or operator, the violator may be assessed a penalty in each
capacity.
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