Local Health Department and Department of Environmental Quality Coordination

47
19-1-111
19-1-303
19-1-303.5
19-1-507
19-2-115
19-3-109
19-4-109
19-5-115
19-6-113
19-6-306
19-6-425
19-6-721
19-6-804
19-6-821
0
Local Health Department and Department of Environmental Quality Coordination
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: Karen M. Peterson
LONG TITLE
General Description:
This bill addresses civil penalties and reporting related to public health and the environment.
Highlighted Provisions:
This bill:
removes a requirement that the Department of Environmental Quality (department) report
to the Rules Review and General Oversight Committee regarding the evaluation of a
policy or rule that affects a local health department;
establishes a process for a local government or local health department to submit a
reimbursement request to the department for a qualifying extraordinary expense incurred
in a qualifying environmental enforcement activity;
authorizes rulemaking by the department related to the reimbursement for a qualifying
extraordinary expense; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-111
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 156
19-1-303
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 156
19-1-507
Effective
05/06/26
, as last amended by Laws of Utah 2018, Chapter 281
19-2-115
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2012, Chapter 360
19-3-109
Effective
05/06/26
, as last amended by Laws of Utah 2013, Chapter 330
19-4-109
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2025, First Special Session, Chapter 16
19-5-115
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2025, First Special Session, Chapter 16
19-6-113
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2025, First Special Session, Chapter 16
19-6-306
Effective
05/06/26
Repealed
07/01/30
, as last amended by Laws of Utah
2024, Chapter 158
19-6-425
Effective
05/06/26
Repealed
07/01/28
, as last amended by Laws of Utah
2024, Chapter 158
19-6-721
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2012, Chapter 360
19-6-804
Effective
05/06/26
Repealed
07/01/30
, as last amended by Laws of Utah
2024, Chapter 158
19-6-821
Effective
05/06/26
Repealed
07/01/30
, as last amended by Laws of Utah
2012, Chapters 263, 360
ENACTS:
19-1-303.5
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
19-1-111
is amended to read:
19-1-111
Effective
05/06/26
. Governance committee with local health
departments.
(1)
As used in this section:
(a)
"Exempt application" means an application for federal funding that meets the criteria
established under Subsection
(3)(g)
.
(b)
"Federal funding" means a grant, contract, or other funding from the federal
government that could provide funds for a local health department to fulfill the duties
and responsibilities of the local health department.
(c)
"Governance committee" means the committee created in Subsection
(2)
.
(2)
The department shall establish a committee that consists of:
(a)
the executive director or the executive director's designee;
(b)
two representatives of the department appointed by the executive director; and
(c)
three representatives of local health departments appointed by a group representing
all the local health departments in the state.
(3)
The governance committee shall:
(a)
review all state and federal funding to the department to identify funding that the
department may use to support:
(i)
the requirements of Subsection
26A-1-106(3)
; and
(ii)
the minimum performance standards created by the department under Subsection
26A-1-106(4)
;
(b)
review the allocation of environmental quality resources between the department and
the local health departments, including whether funds allocated by contract or
cooperative agreement were:
(i)
allocated in accordance with the formula described in Section
26A-1-116
; and
(ii)
subject to requirements satisfying or exceeding the minimum performance
standards created by the department under Section
26A-1-106
;
(c)
evaluate rules and department policies that affect a local health department in
accordance with Subsection
(4)
;
(d)
consider policy changes proposed by the department or by a local health department;
(e)
coordinate the implementation of environmental quality programs to maximize
environmental quality resources;
(f)
except as provided by Subsection
(3)(g)
, review each department application for any
federal funding that affects a local health department before the department submits
the application; and
(g)
establish a process by which the committee may exempt an application for federal
funding from the review required under Subsection
(3)(f)
.
(4)
When evaluating a policy or rule that affects a local health department, the governance
committee shall:
(a)
compute an estimate of the cost a local health department will bear to comply with
the policy or rule;
(b)
specify whether there is any funding provided to a local health department to
implement the policy or rule; and
(c)
advise whether the policy or rule is needed.
(5)
The governance committee shall create bylaws to govern the committee's operations.
(6)
Before November 1 of each year, the department shall provide a report to the Rules
Review and General Oversight Committee regarding the determinations made under
Subsection
(4)
.
Section 2. Section
19-1-303
is amended to read:
19-1-303
Effective
05/06/26
. Criminal and civil penalties -- Liability for
violations -- Reimbursement.
(1)
(a)
Any person who violates
any
a
provision of this title or
lawful orders or rules
adopted under
a lawful order or rule made under the authority of
this title by the
department shall:
(i)
in a civil proceeding
,
be assessed a penalty not to exceed the sum of $5,000; or
(ii)
in a criminal proceeding:
(A)
for the first violation, be guilty of a class B misdemeanor; and
(B)
for a subsequent similar violation within two years, be guilty of a class A
misdemeanor.
(b)
In addition, a person is liable for any expense incurred by the department in
removing or abating any violation.
(2)
Assessment or conviction under this title does not relieve the person assessed or
convicted from civil liability for any act which was also a violation of
the
a
public
health
laws
law
.
(3)
Each day of violation of this title or
rules
a rule
made by the department may be
considered a separate violation.
(4)
The enforcement procedures and penalties provided in Subsections
(1)
through
(3)
do
not apply to chapters in this title which provide for other specific enforcement
procedures and penalties.
(5)
Except as provided in Subsection
19-1-303.5(2)
or otherwise in this title, and unless
prohibited by federal law, the department shall deposit all money collected from a civil
penalty or fine imposed under this title into the General Fund.
(5)
(a)
Except as provided in this Subsection
(5)
or otherwise in this title, the
department shall deposit all civil penalties and fines imposed and collected under this
title into the General Fund.
(b)
The department shall reimburse a local health department for costs associated with
collecting a civil penalty under this title by the local health department.
(c)
The department may reimburse the department, a local government, or a local health
department from money collected:
(i)
from a civil penalty for a qualifying extraordinary expense incurred in a
qualifying environmental enforcement activity; and
(ii)
notwithstanding the provisions of Section
78A-5-110
, from a criminal fine for a
qualifying extraordinary expense incurred in a prosecution for a violation of this
title.
(d)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to define:
(i)
a qualifying environmental enforcement activity; and
(ii)
a qualifying extraordinary expense.
Section 3. Section
19-1-303.5
is enacted to read:
19-1-303.5
Effective
05/06/26
. Reimbursement of extraordinary expenses from
civil penalty -- Requirements -- Rulemaking.
(1)
The provisions of this section apply to a civil penalty and fine collected under the
authority of this title.
(2)
(a)
The department may reimburse the department, a local government, or a local
health department from money collected from a civil penalty or fine for a qualifying
extraordinary expense incurred in a qualifying environmental enforcement activity.
(b)
To request reimbursement for a qualifying extraordinary expense incurred in a
qualifying environmental enforcement activity, a local government or local health
department shall submit to the department:
(i)
documentation necessary to support a claim for a qualifying extraordinary
expense, as defined in department rule;
(ii)
proof of a request by the department for assistance in the qualifying
environmental enforcement activity; and
(iii)
timely written notice of the expected extraordinary expense.
(3)
In accordance with Title
63G, Chapter
3
, Utah Administrative Rulemaking Act, the
department shall make rules to:
(a)
establish a procedure for a local government or local health department to claim a
reimbursement described in Subsection
(2)
;
(b)
define a qualifying environmental enforcement activity;
(c)
define a qualifying extraordinary expense;
(d)
define timely written notice described in Subsection
(2)(b)(iii)
; and
(e)
establish the documentation necessary to support a claim for an extraordinary
expense as described in Subsection
(2)(b)(i)
.
Section 4. Section
19-1-507
is amended to read:
19-1-507
Effective
05/06/26
. Civil action.
(1)
The attorney general or a person may bring a civil action in a court of competent
jurisdiction to seek:
(a)
an injunction to enforce this part; and
(b)
if the action is brought by the attorney general, a civil penalty not to exceed $500 for
each day this part is violated.
(2)
In an action brought under this section, a court may:
(a)
order injunctive relief;
(b)
impose a civil penalty to the extent provided in Subsection
(1)
;
(c)
award attorney fees and costs to the attorney general or person who brings the civil
action, if the attorney general or person prevails; or
(d)
take a combination of actions under this Subsection
(2)
.
(3)
A civil penalty imposed under this section shall be deposited into the General Fund.
(3)
Except as provided in Subsection
19-1-303.5(2)
and unless prohibited by federal law,
the department shall deposit all money collected from a civil penalty imposed under this
section into the General Fund.
Section 5. Section
19-2-115
is amended to read:
19-2-115
Effective
05/06/26
Repealed
07/01/29
. Violations -- Penalties --
Reimbursement for expenses.
(1)
As used in this section, the terms "knowingly," "willfully," and "criminal negligence"
shall mean as defined in Section
76-2-103
.
(2)
(a)
A person who violates this chapter, or any rule, order, or permit issued or made
under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000
per day for each violation.
(b)
Subsection
(2)(a)
also applies to rules made under the authority of Section
19-2-104
,
for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
Subchapter II - Asbestos Hazard Emergency Response.
(c)
Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances
Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed
the amounts specified in that section and shall be used in accordance with that section.
(3)
A person is guilty of a class A misdemeanor and is subject to imprisonment under
Section
76-3-204
and a fine of not more than $25,000 per day of violation if that person
knowingly violates any of the following under this chapter:
(a)
an applicable standard or limitation;
(b)
a permit condition; or
(c)
a fee or filing requirement.
(4)
A person is guilty of a third degree felony and is subject to imprisonment under Section
76-3-203
and a fine of not more than $25,000 per day of violation who knowingly:
(a)
makes any false material statement, representation, or certification, in any notice or
report required by permit; or
(b)
renders inaccurate any monitoring device or method required to be maintained by
this chapter or applicable rules made under this chapter.
(5)
Any fine or penalty assessed under Subsections
(2)
or
(3)
is in lieu of any penalty under
Section
19-2-109.1
.
(6)
A person who willfully violates Section
19-2-120
is guilty of a class A misdemeanor.
(7)
A person who knowingly violates any requirement of an applicable implementation plan
adopted by the board, more than 30 days after having been notified in writing by the
director that the person is violating the requirement, knowingly violates an order issued
under Subsection
19-2-110(1)
, or knowingly handles or disposes of asbestos in violation
of a rule made under this chapter is guilty of a third degree felony and subject to
imprisonment under Section
76-3-203
and a fine of not more than $25,000 per day of
violation in the case of the first offense, and not more than $50,000 per day of violation
in the case of subsequent offenses.
(8)
(a)
As used in this section:
(i)
"Hazardous air pollutant" means any hazardous air pollutant listed under 42
U.S.C. Sec. 7412 or any extremely hazardous substance listed under 42 U.S.C.
Sec. 11002(a)(2).
(ii)
"Organization" means a legal entity, other than a government, established or
organized for any purpose, and includes a corporation, company, association,
firm, partnership, joint stock company, foundation, institution, trust, society,
union, or any other association of persons.
(iii)
"Serious bodily injury" means bodily injury which involves a substantial risk of
death, unconsciousness, extreme physical pain, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(b)
(i)
A person is guilty of a class A misdemeanor and subject to imprisonment under
Section
76-3-204
and a fine of not more than $25,000 per day of violation if that
person with criminal negligence:
(A)
releases into the ambient air any hazardous air pollutant; and
(B)
places another person in imminent danger of death or serious bodily injury.
(ii)
As used in this Subsection
(8)(b)
, "person" does not include an employee who is
carrying out the employee's normal activities and who is not a part of senior
management personnel or a corporate officer.
(c)
A person is guilty of a second degree felony and is subject to imprisonment under
Section
76-3-203
and a fine of not more than $50,000 per day of violation if that
person:
(i)
knowingly releases into the ambient air any hazardous air pollutant; and
(ii)
knows at the time that the person is placing another person in imminent danger of
death or serious bodily injury.
(d)
If a person is an organization, it shall, upon conviction of violating Subsection
(8)(c)
,
be subject to a fine of not more than $1,000,000.
(e)
(i)
A defendant who is an individual is considered to have acted knowingly under
Subsections
(8)(c)
and
(d)
, if:
(A)
the defendant's conduct placed another person in imminent danger of death or
serious bodily injury; and
(B)
the defendant was aware of or believed that there was an imminent danger of
death or serious bodily injury to another person.
(ii)
Knowledge possessed by a person other than the defendant may not be attributed
to the defendant.
(iii)
Circumstantial evidence may be used to prove that the defendant possessed
actual knowledge, including evidence that the defendant took affirmative steps to
be shielded from receiving relevant information.
(f)
(i)
It is an affirmative defense to prosecution under this Subsection
(8)
that the
conduct charged was freely consented to by the person endangered and that the
danger and conduct charged were reasonably foreseeable hazards of:
(A)
an occupation, a business, a profession; or
(B)
medical treatment or medical or scientific experimentation conducted by
professionally approved methods and the other person was aware of the risks
involved prior to giving consent.
(ii)
The defendant has the burden of proof to establish any affirmative defense under
this Subsection
(8)(f)
and shall prove that defense by a preponderance of the
evidence.
(9)
(a)
Except as provided in Subsection
(9)(b)
, and unless prohibited by federal law,
all penalties assessed and collected under the authority of this section shall be
deposited in the General Fund.
(b)
The department may reimburse itself and local governments from money collected
from civil penalties for extraordinary expenses incurred in environmental
enforcement activities.
(c)
The department shall regulate reimbursements by making rules in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, that:
(i)
define qualifying environmental enforcement activities; and
(ii)
define qualifying extraordinary expenses.
(9)
Except as provided in Subsection
19-1-303.5(2)
and unless prohibited by federal law,
the department shall deposit all money collected from a civil penalty or fine imposed
under this section into the General Fund.
Section 6. Section
19-3-109
is amended to read:
19-3-109
Effective
05/06/26
. Civil penalties -- Appeals -- Reimbursement for
expenses.
(1)
A person who violates a provision of this part, a rule or order issued under the authority
of this part, or the terms of a license, permit, or registration certificate issued under the
authority of this part is subject to a civil penalty not to exceed $10,000 for each violation.
(2)
The director may assess and make a demand for payment of a penalty under this section
and may compromise or remit that penalty.
(3)
In order to make demand for payment of a penalty assessed under this section, the
director shall issue a notice of agency action, specifying, in addition to the requirements
for notices of agency action contained in
Title 63G, Chapter 4, Administrative
Procedures Act
:
(a)
the date, facts, and nature of each act or omission charged;
(b)
the provision of the statute, rule, order, license, permit, or registration certificate that
is alleged to have been violated;
(c)
each penalty that the director proposes to impose, together with the amount and date
of effect of that penalty; and
(d)
that failure to pay the penalty or respond may result in a civil action for collection.
(4)
A person notified according to Subsection
(3)
may request an adjudicative proceeding.
(5)
Upon request by the director, the attorney general may institute a civil action to collect a
penalty imposed under this section.
(6)
(a)
Except as provided in Subsection
(6)(b)
, the department shall deposit all money
collected from civil penalties imposed under this section into the General Fund.
(b)
The department may reimburse itself and local governments from money collected
from civil penalties for extraordinary expenses incurred in environmental
enforcement activities.
(c)
The department shall regulate reimbursements by making rules that:
(i)
define qualifying environmental enforcement activities; and
(ii)
define qualifying extraordinary expenses.
(6)
Except as provided in Subsection
19-1-303.5(2)
and unless prohibited by federal law,
the department shall deposit all money collected from a civil penalty or fine imposed
under this section into the General Fund.
Section 7. Section
19-4-109
is amended to read:
19-4-109
Effective
05/06/26
Repealed
07/01/29
. Violations -- Penalties --
Reimbursement for expenses.
(1)
As used in this section, "criminal negligence" means the same as that term is defined in
Section
76-2-103
.
(2)
(a)
A person who violates this chapter, a rule or order issued under the authority of
this chapter, or the terms of a permit or other administrative authorization issued
under the authority of this chapter is subject to
an administrative
a civil
penalty:
(i)
not to exceed $1,000 per day per violation, with respect to a public water system
serving a population of less than 10,000 individuals; or
(ii)
exactly $1,000 per day per violation, with respect to a public water system
serving a population of more than 10,000 individuals.
(b)
In all cases, each day of violation is considered a separate violation.
(3)
The director may assess and make a demand for payment of
an administrative
a civil

penalty under this section and may compromise or settle that penalty.
(4)
To make a demand for payment of
an administrative
a civil
penalty assessed under this
section, the director shall issue a notice of agency action, specifying, in addition to the
requirements for notices of agency action contained in Title
63G, Chapter 4
,
Administrative Procedures Act:
(a)
the date, facts, and nature of each act or omission charged;
(b)
the provision of the statute, rule, order, permit, or administrative authorization that is
alleged to have been violated;
(c)
each penalty that the director proposes to assess, together with the amount and date
of effect of that penalty; and
(d)
that failure to pay the penalty or respond may result in a civil action for collection.
(5)
A person notified according to Subsection
(4)
may request an adjudicative proceeding.
(6)
Upon request by the director, the attorney general may institute a civil action to collect a
penalty assessed under this section.
(7)
(a)
A person who, with criminal negligence, violates any rule or order made or issued
pursuant to this chapter, or with criminal negligence fails to take corrective action
required by an order, is guilty of a class B misdemeanor and subject to a fine of not
more than $5,000 per day for each day of violation.
(b)
In addition, the person is subject, in a civil proceeding, to a penalty
A person
described in Subsection
(7)(a)
is subject in a civil proceeding to a civil penalty
of not
more than $5,000 per day for each day of violation.
(8)
(a)
The director may bring a civil action for appropriate relief, including a permanent
or temporary injunction, for a violation for which the director is authorized to issue a
compliance order under Section
19-4-107
.
(b)
Notwithstanding Title
78B, Chapter 3a
, Venue for Civil Actions, the director shall
bring an action under this Subsection
(8)
in the county where the violation occurs if
the director brings the action in a district court.
(9)
(a)
The attorney general is the legal advisor for the board and the director and shall
defend them in an action or proceeding brought against the board or director.
(b)
The county attorney or district attorney, as appropriate under Section
17-68-302
or
17-68-303
, in the county in which a cause of action arises, shall bring an action, civil
or criminal, requested by the director, to abate a condition that exists in violation of,
or to prosecute for the violation of, or to enforce the laws or the standards, orders,
and rules of the board or the director issued under this chapter.
(c)
The director may initiate action under this section and be represented by the attorney
general.
(10)
If a person fails to comply with a cease and desist order that is not subject to a stay
pending administrative or judicial review, the director may initiate an action for and be
entitled to injunctive relief to prevent further or continued violation of the order.
(11)
A bond may not be required for injunctive relief under this chapter.
(12)
(a)
Except as provided in Subsection
(12)(b)
, a penalty assessed and collected
under the authority of this section shall be deposited into the General Fund.
(b)
The department may reimburse itself and local governments from money collected
from civil penalties for extraordinary expenses incurred in environmental
enforcement activities.
(c)
The department shall regulate reimbursements by making rules that define:
(i)
qualifying environmental enforcement activities; and
(ii)
qualifying extraordinary expenses.
(12)
Except as provided in Subsection
19-1-303.5(2)
and unless prohibited by federal law,
the department shall deposit all money collected from a civil penalty or fine imposed
under this section into the General Fund.
Section 8. Section
19-5-115
is amended to read:
19-5-115
Effective
05/06/26
Repealed
07/01/29
. Violations -- Civil and
criminal penalties -- Ordinances and rules of political subdivisions -- Reimbursement for
expenses.
(1)
As used in this section:
(a)
"Criminal negligence" means the same as that term is defined in Section
76-2-103
.
(b)
"Knowingly" means the same as that term is defined in Section
76-2-103
.
(c)
(i)
"Organization" means a legal entity, other than a government, established or
organized for any purpose.
(ii)
"Organization" includes a corporation, company, association, firm, partnership,
joint stock company, foundation, institution, trust, society, union, or any other
association of persons.
(d)
"Serious bodily injury" means bodily injury that involves a substantial risk of death,
unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member, organ, or mental
faculty.
(e)
"Willfully" means the same as that term is defined in Section
76-2-103
.
(2)
(a)
A person that violates this chapter, or any permit, rule, or order adopted under this
chapter, is subject in a civil proceeding to a civil penalty not to exceed $10,000 per
day of violation.
(b)
The department shall retain the revenue from an administrative fine under Subsection
19-5-108.3(7)
as a dedicated credit for the purposes of outreach and education to
applicants.
(c)
The division may issue an order to stop construction in accordance with Subsection
19-5-108.3(7)
.
(3)
(a)
A person is guilty of a class A misdemeanor, subject to imprisonment under
Section
76-3-204
, and subject to a fine not exceeding $25,000 per day, if the person
with criminal negligence:
(i)
discharges pollutants in violation of Subsection
19-5-107(1)
or in violation of any
condition or limitation included in a permit issued under Subsection
19-5-107(3)
;
(ii)
violates Section
19-5-113
;
(iii)
violates a pretreatment standard or toxic effluent standard for publicly owned
treatment works; or
(iv)
manages sewage sludge in violation of this chapter or rules adopted under this
chapter.
(b)
A person is guilty of a third degree felony, subject to imprisonment under Section
76-3-203
, and subject to a fine not to exceed $50,000 per day of violation, if the
person knowingly:
(i)
discharges pollutants in violation of Subsection
19-5-107(1)
or in violation of any
condition or limitation included in a permit issued under Subsection
19-5-107(3)
;
(ii)
violates Section
19-5-113
;
(iii)
violates a pretreatment standard or toxic effluent standard for publicly owned
treatment works; or
(iv)
manages sewage sludge in violation of this chapter or rules adopted under this
chapter.
(4)
A person is guilty of a third degree felony, subject to imprisonment under Section
76-3-203
, and subject to a fine not exceeding $10,000 per day of violation, if the person
knowingly:
(a)
makes a false material statement, representation, or certification in any application,
record, report, plan, or other document filed or required to be maintained under this
chapter, or by any permit, rule, or order issued under this chapter; or
(b)
falsifies, tampers with, or knowingly renders inaccurate a monitoring device or
method required to be maintained under this chapter.
(5)
(a)
A person is guilty of a second degree felony, subject to imprisonment under
Section
76-3-203
, and subject to a fine of not more than $250,000 if the person:
(i)
knowingly violates this chapter, or any permit, rule, or order adopted under this
chapter; and
(ii)
knows at that time that the person is placing another person in imminent danger
of death or serious bodily injury.
(b)
If a person is an organization, the organization shall, upon conviction of violating
Subsection
(5)(a)
, be subject to a fine of not more than $1,000,000.
(c)
(i)
A defendant who is an individual is considered to have acted knowingly if:
(A)
the defendant's conduct placed another person in imminent danger of death or
serious bodily injury; and
(B)
the defendant was aware of or believed that there was an imminent danger of
death or serious bodily injury to another person.
(ii)
Knowledge possessed by a person other than the defendant may not be attributed
to the defendant.
(iii)
Circumstantial evidence may be used to prove that the defendant possessed
actual knowledge, including evidence that the defendant took affirmative steps to
be shielded from receiving relevant information.
(d)
(i)
It is an affirmative defense to prosecution under this Subsection
(5)
that the
conduct charged was consented to by the person endangered and that the danger
and conduct charged were reasonably foreseeable hazards of:
(A)
an occupation, a business, or a profession; or
(B)
medical treatment or medical or scientific experimentation conducted by
professionally approved methods and the other person was aware of the risks
involved before giving consent.
(ii)
The defendant has the burden of proof to establish an affirmative defense under
this Subsection
(5)(d)
and shall prove that defense by a preponderance of the
evidence.
(6)
For purposes of Subsections
(3)
through
(5)
, a single operational upset that leads to
simultaneous violations of more than one pollutant parameter shall be treated as a single
violation.
(7)
(a)
The director may bring a civil action for appropriate relief, including a permanent
or temporary injunction, for any violation or threatened violation for which the
director is authorized to issue a compliance order under Section
19-5-111
.
(b)
Notwithstanding Title
78B, Chapter 3a
, Venue for Civil Actions, the director shall
bring a civil action in the district court where the violation or threatened violation
occurs if the director brings the action in a district court.
(8)
(a)
The attorney general is the legal advisor for the board and the director and shall
defend the board or director in an action or proceeding brought against the board or
director.
(b)
The county attorney or district attorney, as appropriate under Section
17-68-302
or
17-68-303
, in the county in which a cause of action arises, shall bring an action, civil
or criminal, requested by the director, to abate a condition that exists in violation of,
or to prosecute for the violation of, or to enforce, the laws or the standards, orders,
and rules of the board or the director issued under this chapter.
(c)
The director may initiate an action under this section and be represented by the
attorney general.
(9)
If a person fails to comply with a cease and desist order that is not subject to a stay
pending administrative or judicial review, the director may initiate an action for and be
entitled to injunctive relief to prevent any further or continued violation of the order.
(10)
A political subdivision of the state may enact and enforce ordinances or rules for the
implementation of this chapter that are not inconsistent with this chapter.
(11)
(a)
Except as provided in Subsections
19-5-108.3(7)(d)
and 19-5-115(11)(b) and
(c), the department shall deposit penalties imposed and collected under the authority
of this section into the General Fund.
(b)
The department may reimburse itself and local governments from money collected
from civil penalties for extraordinary expenses incurred in environmental
enforcement activities.
(c)
The department shall regulate reimbursements by making rules, in accordance with
Title
63G, Chapter 3
, Utah Administrative Rulemaking Act, that:
(i)
define qualifying environmental enforcement activities; and
(ii)
define qualifying extraordinary expenses.
(12)
(11)
(a)
For purposes of this section or an ordinance or rule enacted by a political
subdivision under Subsection
(10)
, an act performed by an individual wholly within
the scope of the individual's employment with an organization, is attributed to the
organization.
(b)
Notwithstanding the other provisions of this section, an action may not be brought
against an individual acting wholly within the scope of the individual's employment
with an organization if the action is brought under:
(i)
this section;
(ii)
an ordinance or rule issued by a political subdivision under Subsection
(10)
; or
(iii)
any local law or ordinance governing discharge.
(12)
Except as provided in Subsections
19-1-303.5(2)
and
19-5-108.3(7)(d)
, and unless
prohibited by federal law, the department shall deposit all money collected from a civil
penalty or fine imposed under this section into the General Fund.
Section 9. Section
19-6-113
is amended to read:
19-6-113
Effective
05/06/26
Repealed
07/01/29
. Violations -- Penalties --
Reimbursement for expenses.
(1)
As used in this section, "RCRA" means the Resource Conservation and Recovery Act,
42 U.S.C. Section 6901, et seq.
(2)
Any person who violates any order, plan, rule, or other requirement issued or adopted
under this part is subject in a civil proceeding to a penalty of not more than $13,000 per
day for each day of violation.
(3)
On or after July 1, 1990, no person shall knowingly:
(a)
transport or cause to be transported any hazardous waste identified or listed under
this part to a facility that does not have a hazardous waste operation plan or permit
under this part or RCRA;
(b)
treat, store, or dispose of any hazardous waste identified or listed under this part:
(i)
without having obtained a hazardous waste operation plan or permit as required by
this part or RCRA;
(ii)
in knowing violation of any material condition or requirement of a hazardous
waste operation plan or permit; or
(iii)
in knowing violation of any material condition or requirement of any rules or
regulations under this part or RCRA;
(c)
omit material information or make any false material statement or representation in
any application, label, manifest, record, report, permit, operation plan, or other
document filed, maintained, or used for purposes of compliance with this part or
RCRA or any rules or regulations made under this part or RCRA; and
(d)
transport or cause to be transported without a manifest any hazardous waste
identified or listed under this part and required by rules or regulations made under
this part or RCRA to be accompanied by a manifest.
(4)
(a)
(i)
Any person who knowingly violates any provision of Subsection
(3)(a)
or
(b)

is guilty of a felony.
(ii)
Notwithstanding Sections
76-3-203
,
76-3-301
, and
76-3-302
, a person convicted
of a felony under Subsection
(3)(a)
or
(b)
is subject to a fine of not more than
$50,000 for each day of violation, or imprisonment for a term not to exceed five
years, or both.
(iii)
If a person is convicted of a second or subsequent violation under Subsection
(3)(a)
or
(b)
, the maximum punishment is double both the fine and the term of
imprisonment authorized in Subsection
(4)(a)(ii)
.
(b)
(i)
Any person who knowingly violates any of the provisions of Subsection
(3)(c)

or
(d)
is guilty of a felony.
(ii)
Notwithstanding Sections
76-3-203
,
76-3-301
, and
76-3-302
, a person convicted
of a felony for a violation of Subsection
(3)(c)
or
(d)
is subject to a fine of not
more than $50,000 for each day of violation, or imprisonment for a term not to
exceed two years, or both.
(iii)
If a person is convicted of a second or subsequent violation under Subsection
(3)(c)
or
(d)
, the maximum punishment is double both the fine and the
imprisonment authorized in Subsection
(4)(b)(ii)
.
(c)
(i)
Any person who knowingly transports, treats, stores, or disposes of any
hazardous waste identified or listed under this part in violation of Subsection
(3)(a)
,
(b)
,
(c)
, or
(d)
, who knows at that time that the person thereby places another
person in imminent danger of death or serious bodily injury, is guilty of a felony.
(ii)
Notwithstanding Sections
76-3-203
,
76-3-301
, and
76-3-302
, a person convicted
of a felony described in Subsection
(4)(c)(i)
is subject to a fine of not more than
$250,000, or imprisonment for a term not to exceed 15 years, or both.
(iii)
A corporation, association, partnership, or governmental instrumentality, upon
conviction of violating Subsection
(4)(c)(i)
, is subject to a fine of not more than
$1,000,000.
(5)
(a)
Except as provided in Subsections
(5)(b)
and
(c)
and Section
19-6-722
, all
penalties assessed and collected under authority of this section shall be deposited in
the General Fund.
(b)
The department may reimburse itself and local governments from money collected
from civil penalties for qualifying extraordinary expenses incurred in qualifying
environmental enforcement activities.
(c)
Notwithstanding the provisions of Section
78A-5-110
, the department may
reimburse itself and local governments from money collected from criminal fines for
qualifying extraordinary expenses incurred in prosecutions for violations of this part.
(d)
The department shall regulate reimbursements by making rules that define:
(i)
qualifying environmental enforcement activities; and
(ii)
qualifying extraordinary expenses.
(6)
(5)
The attorney general, the county attorney, or the district attorney, as appropriate
under Section
17-68-302
or
17-68-303
, may commence prosecution for a criminal
violation of this part in any county where venue is proper.
(6)
Except as provided in Subsections
19-1-303.5(2)
and
19-6-722(3)
, and unless prohibited
by federal law, the department shall deposit all money collected from a civil penalty or
fine imposed under this section into the General Fund.
Section 10. Section
19-6-306
is amended to read:
19-6-306
Effective
05/06/26
Repealed
07/01/30
. Civil penalty -- Lawsuits.
(1)
Any person who violates any final order or rule issued or made under this part is subject
in a civil proceeding to a penalty of not more than $10,000 per day for each day of
violation.
(2)
Any person who violates the terms of any agreement made under authority of this part is
subject in a civil proceeding to pay:
(a)
any penalties stipulated in the agreement; or
(b)
if no penalties are stipulated in the agreement, a penalty of not more than $10,000
per day for each day of violation.
(3)
The executive director shall deposit all civil penalties collected under the authority of
this section into
Except as provided in Subsection
19-1-303.5(2)
and unless prohibited
by federal law, the executive director shall deposit all money collected from a civil
penalty under this section into
the General Fund.
(4)
(a)
The executive director may enforce any orders issued under authority of this part
by bringing a suit to enforce the order in a court with jurisdiction under
Title 78A,
Judiciary and Judicial Administration
.
(b)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the executive
director brings a suit described in Subsection
(4)(a)
in the district court, the executive
director shall bring the suit in:
(i)
Salt Lake County; or
(ii)
the county where the hazardous substances release occurred.
(c)
After a remedial investigation has been completed, the executive director may bring
a suit in a court with jurisdiction under Title 78A, Judiciary and Judicial
Administration, against all responsible parties, asking the court for injunctive relief
and to apportion liability among the responsible parties for performance of remedial
action.
Section 11. Section
19-6-425
is amended to read:
19-6-425
Effective
05/06/26
Repealed
07/01/28
. Violation of part -- Civil
penalty -- Civil action -- Reimbursement for expenses.
(1)
Except as provided in Section
19-6-407
, any person who violates any requirement of
this part or any order issued or rule made under the authority of this part is subject to a
civil penalty of not more than $10,000 per day for each day of violation.
(2)
(a)
The director may enforce any requirement, rule, agreement, or order issued under
this part by bringing an action in a court with jurisdiction under Title
78A, Judiciary
and Judicial Administration
.
(b)
Notwithstanding Title
78B, Chapter
3a
, Venue for Civil Actions, the director shall
bring an action in the county where the underground storage tank or petroleum
storage tank is located if the director brings the action in the district court.
(3)
The
Except as provided in Subsection
19-1-303.5(2)
and unless prohibited by federal
law, the
department shall deposit
the penalties collected under this part in
all money
collected from a civil penalty imposed under this section into
the Petroleum Storage
Tank Restricted Account created
under
in
Section
19-6-405.5
.
Section 12. Section
19-6-721
is amended to read:
19-6-721
Effective
05/06/26
Repealed
07/01/29
. Violations -- Proceedings --
Orders -- Reimbursement for expenses.
(1)
A person who violates any provision of this part or any order, permit, rule, or other
requirement issued or adopted under this part is subject in a civil proceeding to a penalty
of not more than $10,000 per day for each day of violation, in addition to any fine
otherwise imposed for violation of this part.
(2)
(a)
The director may bring suit in the name of the state to restrain the person from
continuing the violation and to require the person to perform necessary remediation.
(b)
Suit under Subsection
(2)(a)
may be brought in any court in the state having
jurisdiction in the county of residence of the person charged or in the county where
the violation is alleged to have occurred.
(c)
The court may grant prohibitory and mandatory injunctions, including temporary
restraining orders.
(3)
When the director finds a situation exists in violation of this part that presents an
immediate threat to the public health or welfare, the director may issue an emergency
order under
Title 63G, Chapter 4, Administrative Procedures Act
.
(4)
All penalties collected under this section shall be deposited in
Except as provided in
Subsection
19-1-303.5(2)
and unless prohibited by federal law, the department shall
deposit all money collected from a civil penalty under this section into
the account
created in Section
19-6-719
.
Section 13. Section
19-6-804
is amended to read:
19-6-804
Effective
05/06/26
Repealed
07/01/30
. Restrictions on disposal and
transfer of tires -- Penalties -- Reimbursement for expenses.
(1)
(a)
An individual, including a waste tire transporter, may not transfer for temporary
storage more than 12 whole tires at one time to a landfill or other location in the state
authorized by the director to receive waste tires, except for purposes authorized by
board rule.
(b)
Tires are exempt from this Subsection
(1)
if the original tire has a rim diameter
greater than 24.5 inches.
(c)
A person, including a waste tire transporter, may not dispose of waste tires or store
waste tires in any manner not allowed under this part or rules made under this part.
(2)
The operator of the landfill or other authorized location shall direct that the waste tires
be stored in a designated area to facilitate retrieval if a market becomes available for the
disposed waste tires or material derived from waste tires.
(3)
An individual, including a waste tire transporter, may dispose of shredded waste tires in
a landfill in accordance with Section
19-6-812
, and may also, without reimbursement,
dispose in a landfill materials derived from waste tires that do not qualify for
reimbursement under Section
19-6-812
, but the landfill shall dispose of the material in
accordance with Section
19-6-812
.
(4)
A tire retailer may only transfer ownership of a waste tire described in Subsection
19-6-803(28)(b)
to:
(a)
a person who purchases it for the person's own use and not for resale; or
(b)
a waste tire transporter that:
(i)
is registered in accordance with Section
19-6-806
; and
(ii)
agrees to transport the tire to:
(A)
a tire retailer that sells the tire wholesale or retail; or
(B)
a recycler.
(5)
(a)
(i)
An individual, including a waste tire transporter, violating this section is
subject to enforcement proceedings and a civil penalty of not more than $100 per
waste tire or per passenger tire equivalent disposed of in violation of this section.
(ii)
A warning notice may be issued before taking further enforcement action under
this Subsection
(5)
.
(b)
The director, the local health department, or the county attorney with jurisdiction
over the location where the tires were disposed in violation of this section, may bring
an action to enforce this section and collect penalties in a court with jurisdiction
under Title 78A, Judiciary and Judicial Administration.
(c)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director, local
health department, or county attorney shall bring an action described in Subsection
(5)(b)
in the county where the violation occurred if the action is brought in the district
court.
(d)
Penalties collected under this section shall be deposited
Except as provided in
Subsection
19-1-303.5(2)
and unless prohibited by federal law, the department shall
deposit all money collected from a civil penalty under this section
into the fund.
Section 14. Section
19-6-821
is amended to read:
19-6-821
Effective
05/06/26
Repealed
07/01/30
. Violations -- Civil proceedings
and penalties -- Orders -- Reimbursement for expenses.
(1)
A person who violates any provision of this part or any order, permit, plan approval, or
rule issued or adopted under this part is subject to a civil penalty of not more than
$10,000 per day for each day of violation as determined in a civil hearing under
Title
63G, Chapter 4, Administrative Procedures Act
, except:
(a)
any violation of Subsection
19-6-804(1)
,
(3)
, or
(4)
is subject to the penalty under
Subsection
19-6-804(5)
rather than the penalties under this section; and
(b)
any violation of Subsection
19-6-808(1)
,
(2)
, or
(3)
regarding payment of the
recycling fee by the tire retailer is subject to penalties as provided in Subsection
19-6-808(4)
rather than the penalties under this section.
(2)
The director may bring an action in the name of the state to restrain a person from
continuing a violation of this part and to require the person to perform necessary
remediation regarding a violation of this part.
(3)
When the director finds a situation exists in violation of this part that presents an
immediate threat to the public health or welfare, the director may issue an emergency
order under
Title 63G, Chapter 4, Administrative Procedures Act
.
(4)
The director may revoke the registration of a waste tire recycler or transporter who
violates any provision of this part or any order, plan approval, permit, or rule issued or
adopted under this part.
(5)
The director may revoke the tire storage permit for a storage facility that is in violation
of any provision of this part or any order, plan approval, permit, or rule issued or
adopted under this part.
(6)
If a person has been convicted of violating a provision of this part prior to a finding by
the director of a violation of the same provision in an administrative hearing, the director
may not assess a civil monetary penalty under this section for the same offense for
which the conviction was obtained.
(7)
All penalties collected under this section shall be deposited in
Except as provided in
Subsection
19-1-303.5(2)
and unless prohibited by federal law, the department shall
deposit all money collected from a civil penalty under this section into
the fund.
Section 15.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 2:41 PM