(1) As used in this section: (a) "Criminal negligence" means the same as that term is defined in Section 76-2-103. (b) "Receiver" means an individual appointed by the court as the court's agent to take possession of, manage, and, if authorized by this section or court order, transfer, sell, divest, lease, license, exchange, collect, or otherwise dispose of receivership property. (2) (a) A person that 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 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 a civil penalty under this section and may compromise or settle that penalty. (4) To make a demand for payment of 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) 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 Subsection 19-4-106(2)(d) or 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. (c) In a civil action brought by the director under Subsection (8)(a), a court may: (i) appoint a receiver for a supplier in accordance with Utah Rules of Civil Procedure, Rule 66, to implement a corrective or remedial action for a violation described in Subsection (8)(a) if: (A) the violation poses a serious public health risk; and (B) the supplier in violation is unwilling or unable to implement a corrective or remedial action to resolve the violation in a manner consistent with this chapter; and (ii) require a supplier in violation to divest ownership of a public water system if the court finds divestiture is reasonably necessary to ensure long-term compliance with this chapter. (d) Nothing in Subsection (8)(c) limits the ability of the director to seek appropriate relief under Subsection (8)(a). (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) 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.
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