Civil penalties -- Appeals.

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  • (1) A person who violates a provision of this part, a rule or order issued under the authority of this part, or the terms of a license, permit, or registration certificate issued under the authority of this part is subject to a civil penalty not to exceed $10,000 for each violation.
  • (2) The director may assess and make a demand for payment of a penalty under this section and may compromise or remit that penalty.
  • (3) In order to make demand for payment of a penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act:
    • (a) the date, facts, and nature of each act or omission charged;
    • (b) the provision of the statute, rule, order, license, permit, or registration certificate that is alleged to have been violated;
    • (c) each penalty that the director proposes to impose, together with the amount and date of effect of that penalty; and
    • (d) that failure to pay the penalty or respond may result in a civil action for collection.
  • (4) A person notified according to Subsection (3) may request an adjudicative proceeding.
  • (5) Upon request by the director, the attorney general may institute a civil action to collect a penalty imposed under this section.
  • (6)
    • (a) Except as provided in Subsection (6)(b), the department shall deposit all money collected from civil penalties imposed under this section into the General Fund.
    • (b) The department may reimburse itself and local governments from money collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities.
    • (c) The department shall regulate reimbursements by making rules that:
      • (i) define qualifying environmental enforcement activities; and
      • (ii) define qualifying extraordinary expenses.




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