Utah Administrative Code
Topic - Natural Resources
Title R649 - Oil, Gas and Mining; Oil and Gas
Rule R649-11 - Administrative Penalties
Section R649-11-2 - Provisions of State Enforcement
Universal Citation: UT Admin Code R 649-11-2
Current through Bulletin 2024-18, September 15, 2024
1. Notice of Violation.
1.1. During any division
inspection, including a record review, if the division determines that a
violation exists that does not cause imminent danger or harm, the division may
issue a notice of violation to the owner and operator fixing a reasonable time,
not to exceed 90 calendar days, for the abatement of the violation and
providing opportunity for a hearing before the division as articulated in
Section
R649-10-3.
1.2. A notice of violation shall be issued in
writing, signed by an authorized representative of the division, and shall set
forth with reasonable specificity:
1.2.1. the
nature of the violation;
1.2.2. the
remedial action required, which may include interim required actions;
1.2.3. a reasonable time for abatement;
and
1.2.4. a reasonable description
of the portion of the oil and gas operation to that it applies.
1.3. The division may extend the
time set for abatement or for accomplishment of an interim step if the failure
to meet the time previously set was not caused by lack of diligence on the part
of the person. The total time for abatement under a notice of violation,
including any extensions, may not exceed 90 calendar days from the date of
issuance except as provided for in Subsection 1.5.
1.4. The division will terminate a notice of
violation by written notice to the owner or operator when the division
determines that violations listed in the notice of violation have been abated.
If any violations have been abated within the time for abatement provided in
the notice of violation, then no administrative penalty shall be assessed.
Termination of a notice of violation will not affect the right of the division
to assess administrative penalties for those violations that the owner or
operator failed to abate within the time for abatement provided in the notice
of violation.
1.5. Circumstances
that may qualify an oil and gas operation for an abatement period of more than
90 days are:
1.5.1. where climatic conditions
preclude complete abatement within 90 days;
1.5.2. where due to climatic conditions,
abatement within 90 days would clearly cause more harm than it would
prevent;
1.5.3. where the owner's
or operator's action to abate the violation within 90 days would violate safety
standards; or
1.5.4. other
circumstances beyond the control of the owner and operator as deemed by the
division.
2. Division Enforcement Order.
2.1. When a
notice of violation has been issued and the owner or operator fails to abate
the violation within the abatement period, then the division shall issue a
division enforcement order. A division enforcement order shall require the
person to take each steps the division deems necessary to abate the violations
covered by the order in the most expeditious manner possible.
2.2. A division enforcement order issued
shall be in writing, signed by the authorized representative of the division
who issued it, and shall set forth with reasonable specificity:
2.2.1. the nature of the violation;
2.2.2. the remedial action or affirmative
obligation required, including interim required actions, if
appropriate;
2.2.3. the time
established for abatement;
2.2.4. a
reasonable description of the portion of the oil and gas operation to which it
applies; and
2.2.5. that the order
shall remain in effect until the violation has been abated or until vacated,
modified or terminated in writing by the division.
2.3. Activities intended to protect public
health, safety, and welfare and prevent resource detriment will continue during
the period of any order unless otherwise provided.
2.4. The division may modify, terminate, or
vacate a division enforcement order or cessation order for good cause and may
extend the time for abatement if the failure to abate within the time
previously set was not caused by lack of diligence on the part of the
person.
2.5. The division will
terminate a division enforcement order or cessation order by written notice to
the person, when it is determined that the conditions, practices, or violations
listed in the order have been abated. If the violations have been abated within
the time for abatement provided in the division enforcement order, then no
administrative penalty shall be assessed. Termination of a division enforcement
order will not affect the right of the division to assess administrative
penalties for those violations that the person failed to abate within the time
for abatement provided in the notice of violation.
3. Service of Notices of Violation, Division Enforcement Order and Administrative Penalties.
3.1. Notices of violation, division
enforcement orders, and proposed administrative penalties assessment shall be
served on the person promptly after issuance by one of the following methods:
3.1.1. Personal service, in accordance with
the Utah Rules of Civil Procedure, Rule 4. Service shall be effective on the
date of personal service.
3.1.2.
First posting a copy of the notice at the oil and gas operation location or
offices of the place of violation, and thereafter by personally delivering or
mailing a copy by certified mail to the person at the last address provided to
the division. Service shall be complete upon personal delivery or three days
after the date of mailing.
3.2. Service on the person shall be
sufficient if service is made upon:
3.2.1. an
officer of a corporation;
3.2.2.
the person designated by law for service of process, or the registered agent
for the corporation; or
3.2.3. an
owner, or partner of an entity other than a corporation.
3.3. Proof of Service.
3.3.1. Proof of personal service shall be
made in accordance with the Utah Rules of Civil Procedure, Rule 4.
3.3.2. Proof of posting or personal delivery
may be made by a signed written statement of the person effecting posting or
personal delivery stating the date, time, and place of posting, and, if
personal delivery, the person to whom the notice was delivered.
4. Emergency Orders
4.1. The division director may immediately
issue an emergency order, including an order to cease and desist if
appropriate, in accordance with Section
R649-10-5 if, during any division inspection, it finds any violation, which creates
immediate and significant danger:
4.1.1. of
waste occurring; or
4.1.2. to
public health, safety or welfare.
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