Utah Admin. Code 311-208-4

Current through Bulletin 2024-12, June 15, 2024
Section R311-208-4 - Factors for Imposition of Section 19-6-416 Penalties
(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.

Utah Admin. Code R311-208-4

Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021
Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022