Environmental Quality, Air Quality

Rule R307-130

General Penalty Policy

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35776
Filed: 02/01/2012 04:27:21 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 19-2-115 authorizes penalties for those found in a civil proceeding to have violated Title 19, Chapter 2, or any rule, order, or permit issued under that chapter. Rule R307-130 guides the executive secretary of the Air Quality Board in determining a reasonable and appropriate penalty based on the nature and extent of the violation, the economic benefit to the sources of noncompliance, and adjustments for specific circumstances.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Rule R307-130 was last amended on 07/13/2007. No comments were received at that time, and no comments have been received about this rule since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Under Section 19-2-115, a person is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. Rule R307-130 implements Section 19-2-115. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov

Authorized by:

Bryce Bird, Director

Effective:

02/01/2012