Utah § 19-7-109 - Incentives for voluntary disclosure and compliance -- Waiver of civil penalties.
Full text of Utah Utah Code § 19-7-109 — Incentives for voluntary disclosure and compliance -- Waiver of civil penalties., with citation guidance and answers to common questions.
§ 19-7-109. Incentives for voluntary disclosure and compliance -- Waiver of civil penalties.
19-7-109.
Incentives for voluntary disclosure and compliance -- Waiver of civil penalties.
(1)
As used in this section, "regulated entity" means any person, business, or other entity subject to regulation under Title 19, Environmental Quality Code.
(2)
The department shall waive civil penalties for an instance of noncompliance with an environmental law or requirement:
(a)
that a regulated entity discovered through an environmental self-evaluation;
(b)
that a regulated entity voluntarily disclosed to the department in writing within 21 days after the entity's discovery of the violation;
(c)
that a regulated entity remedied or corrected within 60 days after discovery of the violation, or within a reasonable amount of time if the violation cannot be remedied within 60 days; and
(d)
regarding which the regulated entity submitted to the department a written outline of reasonable steps the regulated entity will take to prevent a recurrence.
(3)
The department may not waive penalties under Subsection (2) if:
(a)
the instance of noncompliance resulted from a lack of due diligence in complying with environmental laws, taking into account the size and nature of the regulated entity;
(b)
the instance of noncompliance is a recurrence of a similarly caused specific violation or a violation of the specific terms of a judicial or administrative consent order or agreement;
(c)
the instance of noncompliance resulted from reckless or willful disregard of environmental laws;
(d)
the regulated entity conducted the environmental self-evaluation for a fraudulent purpose;
(e)
the department had already initiated a compliance investigation at the time of the disclosure and the regulated entity had been advised of or was aware of the investigation;
(f)
the instance of noncompliance was discovered pursuant to a legally mandated monitoring, testing, or sampling requirement prescribed by law, rule, permit, order, or consent agreement; or
(g)
the instance of noncompliance resulted in serious actual harm or imminent and substantial endangerment to human health or the environment.
(4)
(a)
To the extent the instance of noncompliance resulted in an economic benefit or competitive advantage over other similar regulated entities that did achieve compliance, the department may seek a civil penalty to recover the monetary amount of the economic benefit or competitive advantage resulting from the incidence of noncompliance.
(b)
Action under this Subsection (4) is not prohibited by Subsection (2).
(5)
This section does not limit the department's discretion in reducing penalties for noncompliance with an environmental law which may not fully qualify for waiver under this section, but which the department determines should be appropriately reduced.
Section 19-7-109 ("Incentives for voluntary disclosure and compliance -- Waiver of civil penalties.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 19-7-109?
A common citation format is "Utah Code § 19-7-109" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 19-7-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
