Utah Admin. Code R309-405-4 - Formal Enforcement Introduction; No Limits on Authority and Remedies
Section R309-405-4 addresses administrative procedures as they apply to formal enforcement actions.
(1) Formal enforcement actions are initiated
by the Director through the issuance of a notice of violation or any form of
administrative order, notice of agency action, or any combination of a notice
of violation, administrative order, or notice of agency action.
(2) The Director may initiate and pursue
formal enforcement through administrative procedures or through judicial
procedures. In lieu of initiating formal enforcement through administrative
procedures, the Director may initiate formal enforcement proceedings through
judicial procedures in state court under Subsection
19-4-109(8).
Final administrative orders may also be enforced in state court through
judicial procedures.
(3)
Administrative penalties are intended to emphasize the need for timely,
meaningful, and lasting corrective actions and to deter future
violations.
(4) Nothing in Rule
R309-405 should be construed to limit the Director's enforcement discretion or
right to pursue any administrative or judicial enforcement actions under the
Safe Drinking Water Act.
Notes
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