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Utah Administrative Code (Current through November 1, 2019) |
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R645. Natural Resources, Oil, Gas and Mining; Coal |
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R645-403. Alternative Enforcement |
| R645-403-100. Provisions for Criminal Penalties and Civil Actions |
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Latest version.
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110. The rules in R645-403 provide guidance to exercise the authority set forth in UCA 40-10-20(4) through 40-10-20(7), 40-10-22(2), and 40-10-23. 111. Whenever a court of competent jurisdiction enters a judgment against or convicts a person under these provisions, the Division must update AVS to reflect the judgment or conviction. 112. The existence of a performance bond or bond forfeiture cannot be used as the sole basis for determining that an alternative enforcement action is unwarranted. 113. Nothing in R645-403 eliminates or limits any additional enforcement rights or procedures available under federal or state law. 120. Under UCA 40-10-20(5) and 40-10-20(7), the Division may request the Utah Attorney General to pursue criminal penalties against any person who: 120.100. Willfully and knowingly violates a condition of the permit; 120.200. Willfully and knowingly fails or refuses to comply with any notice, order or judicial review under R645-400-300, except as described in UCA 40-10-20(5); or 120.300. Knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the regulatory program or any order or decision issued by the Division or Board under UCA 40-10-20 through 40-10-22. 121. Criminal proceedings instigated under the authority of R645-403-120 must commence within five years of the date of the alleged violation. 130. Under UCA 40-10-20(4) and 40-10-22(2)(a), the Division may request the Utah Attorney General to pursue civil action against a permittee, or permittee's agent, who: 130.100. Violates or fails or refuses to comply with any order or decision issued by the Division or the Board; 130.200. Interferes with, hinders, or delays the Division or its authorized representatives in carrying out the provisions of the Act or its implementing rules; 130.300. Refuses to admit the Division's authorized representatives onto the site of a coal mining and reclamation operation; 130.400. Refuses to allow the Division's authorized representatives to inspect a coal mining and reclamation operation; 130.500. Refuses to furnish any information or report that the Division requests in furtherance of the provisions of the Act or the regulatory program; or 130.600. Refuses to allow access to, or copying of, those records that the Division determines necessary to carry out the provisions of the Act and its implementing rules. 131. A civil action for relief includes a permanent or temporary injunction, restraining order, or any other appropriate order by a state district court for the district in which the coal mining and reclamation operation is located or in which the permittee of the operation has their principal office. 132. Temporary restraining orders will be issued in accordance with Rule 65A of the Utah Rules of Civil Procedure, as amended. 133. Any relief the court grants to enforce an order under R645-403-131 will continue in effect until completion or final termination of all proceedings for review of that order under the Act or its implementing rules unless, beforehand, the Utah Supreme Court or district court granting the relief on review grants a stay of enforcement or sets aside or modifies the order. |