Utah Admin. Code 649-11-2

Current through Bulletin 2024-20, October 15, 2024

Section R649-11-2 - Provisions of State Enforcement

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.

Utah Admin. Code R649-11-2

Adopted by Utah State Bulletin Number 2021-12, effective 5/27/2021