R645-100-600. Notice of Citizen Suits  


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  • A person who intends to initiate a civil action in his or her own behalf under 40-10-21 of the Act will give notice of intent to do so in accordance with R645-100-600.

    610. Notice will be given by certified mail to the Director, if a complaint involves or relates to Utah.

    620. Notice will be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any rule, order, or permit issued under the Act.

    630. Service of notice under R645-100-600 is complete upon mailing to the last known address of the person being notified.

    640. A person giving notice regarding an alleged violation will state, to the extent known:

    641. Sufficient information to identify the provision of the Act, rule, order, or permit allegedly violated;

    642. The act or omission alleged to constitute a violation;

    643. The name, address, and telephone number of the person or persons responsible for the alleged violation;

    644. The date, time, and location of the alleged violation;

    645. The name, address, and telephone number of the person giving notice; and

    646. The name, address, and telephone number of legal counsel, if any, of the person giving notice.

    650. A person giving notice of an alleged failure by the Director to perform a mandatory act or duty under the Act will state, to the extent known:

    651. The provision of the Act containing the mandatory act or duty allegedly not performed;

    652. Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;

    653. The name, address, and telephone number of the person giving notice; and

    654. The name, address, and telephone number of legal counsel, if any, of the person giving notice.