(1) (a) If, on the basis of information available, the division has reason to believe that a person is in violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition required by this chapter, the division shall immediately order inspection of the brine mining operation at which the alleged violation is occurring, unless the information available to the division is a result of a previous inspection of the brine mining operation. (b) (i) If, on the basis of an inspection, the division determines that a condition or practice exists, or that a permittee is in violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition required by this chapter, and the condition, practice, or violation creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall immediately order cessation of brine mining operations or the portion of brine mining operations relevant to the condition, practice, or violation. (ii) The cessation order shall remain in effect until the division determines that the condition, practice, or violation is abated, or until the division modifies, vacates, or terminates the order. (iii) If the division finds that the ordered cessation of brine mining operations, or a portion of the brine mining operations, does not completely abate the imminent danger to the health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the division shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the division considers necessary to abate the imminent danger or the significant environmental harm. (c) (i) If, on the basis of an inspection, the division determines that a permittee is in violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition required by this chapter, but the violation does not create an imminent danger to the health or safety of the public or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the division shall issue a notice to the permittee or the permittee's agent specifying a reasonable time, but not more than 90 days, for the abatement of the violation and providing an opportunity for an informal conference with the division. (ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown, and upon the written finding of the division, the division finds that the violation has not been abated, the division shall immediately order a cessation of brine mining operations or the portion of the brine mining operation relevant to the violation. (iii) A cessation order issued under this Subsection (1)(c) remains in effect until the division determines that the violation is abated or until the division modifies, vacates, or terminates the order. (iv) In a cessation order issued by the division under this Subsection (1)(c), the division shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order. (d) (i) A notice or order issued under this section shall set forth with reasonable specificity: (A) the nature of the violation and the remedial action required; (B) the period of time established for abatement; and (C) a reasonable description of the portion of the mining and reclamation operation to which the notice or order applies. (ii) The division shall promptly give a notice or order issued under this section to the permittee or the permittee's agent. (iii) The division shall give a notice or order in a writing signed by the director or the director's authorized representative who issues the notice or order. (iv) The division may modify, vacate, or terminate a notice or order issued under this section. (2) (a) The division may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the permittee or the permittee's agent: (i) violates or fails or refuses to comply with an order or decision issued by the division under this chapter; (ii) interferes with, hinders, or delays the division, or the division's authorized representative, in carrying out this chapter; (iii) refuses to admit an authorized representative to the brine well; (iv) refuses to permit inspection of the brine well by an authorized representative; or (v) refuses to furnish information or a report requested by the division in furtherance of this chapter. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney general brings the action described in Subsection (2)(a) in court, the attorney general shall bring the action in the county in which: (i) the brine mining operation and reclamation operation is located; or (ii) the permittee of the brine mining operation or reclamation operation has the permittee's principal office. (c) (i) The court has jurisdiction to provide the relief requested in accordance with this Subsection (2). (ii) Relief granted by the court to enforce an order under Subsection (2)(a)(i) shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter, unless, before completion or termination, the court granting the relief sets the order aside or modifies the order. (3) (a) (i) A permittee issued a notice or order by the division, pursuant to Subsection (1)(b) or (c), or a person having an interest that may be adversely affected by the notice or order, may apply to the board for review of the notice or order by no later than 30 days of receipt of the notice or order, or no later than 30 days of a modification, vacation, or termination of the notice or order. (ii) On receipt of an application under Subsection (3)(a)(i), the board shall pursue an investigation as the board considers appropriate. (iii) An investigation pursued by the board shall provide an opportunity for a public hearing at the request of the applicant or the person having an interest that is or may be adversely affected, to enable the applicant or that person to present information relating to the issuance and continuance of the notice or order or the modification, vacation, or termination of the notice or order. (iv) The filing of an application for review under this Subsection (3)(a) does not operate as a stay of an order or notice. (b) The board shall give a permittee or other interested person written notice of the time and place of the hearing at least five days before the hearing. (c) (i) Pending completion of the investigation and hearing required by this section, the applicant may file with the board a written request that the board grant temporary relief from any notice or order issued under this section, with a detailed statement giving the reasons for granting this relief. (ii) The board shall issue an order or decision granting or denying this relief expeditiously. (d) (i) Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to this section, the board shall hold a public hearing, after giving written notice of the time, place, and date of the hearing. (ii) By no later than 60 days following the public hearing, the board shall issue and give the permittee and all other parties to the hearing, a written decision, and the reasons for the decision, regarding suspension or revocation of the permit. (iii) If the board revokes a permit, the permittee shall immediately cease brine mining operations on the permit area and shall complete reclamation within a period specified by the board, or the board shall declare the surety forfeited for the brine mining operation. (e) An action taken by the board under this section, or any other provision of this chapter, is subject to judicial review by a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (4) (a) (i) The division may assess a permittee a civil penalty if the permittee violates a permit condition, this chapter, an order issued under this chapter, or a rule made under this chapter. (ii) If a violation leads to the issuance of a cessation order under Subsection (1), the division shall assess a civil penalty. (b) (i) A civil penalty under this Subsection (4) may not exceed $5,000 for each violation. (ii) Each day of a continuing violation may be considered to be a separate violation for purposes of the civil penalty assessments. (c) In determining the amount of the civil penalty, the division shall consider: (i) the permittee's history of previous violations at the particular brine mining operation; (ii) the seriousness of the violation, including any irreparable harm to the environment or hazard to the health or safety of the public; (iii) whether the permittee was negligent; and (iv) the demonstrated good faith of the permittee in attempting to achieve rapid compliance after notification of the violation. (5) (a) By no later than 30 days after the issuance of a notice or order charging a violation has occurred, the division shall inform the permittee of a proposed assessment under Subsection (4). (b) A person charged with the civil penalty has 30 days after issuance of a notice or order to: (i) pay the proposed assessment in full; or (ii) request an informal conference with the division. (c) An informal conference held by the division may address either the amount of the proposed assessment, the fact of the violation, or both. (d) If a permittee who requests an informal conference and participates in the proceedings is not in agreement with the results of the informal conference, the permittee may, within 30 days of receipt of the decision made by the division in the informal conference, request a hearing before the board. (e) (i) Before review of the division's decision under Subsection (5)(d) by the board, and by no later than 30 days of receipt of the division's decision, the permittee shall forward to the division the amount of the proposed assessment for placement in an escrow account. (ii) If the permittee fails to forward the amount of the civil penalty to the division by no later than 30 days of receipt of the results of the informal conference, the operator waives the opportunity for further review of the fact of the violation or to contest the amount of the civil penalty assessed for the violation. (iii) If the board or a court determines that no violation occurred or that the amount of the civil penalty should be reduced, the division shall, within 30 days, remit the appropriate amount to the operator with interest accumulated. (6) (a) A civil penalty assessed by the division is final only after the person charged with a violation described under Subsection (4) has been given an opportunity for a public hearing. (b) If a public hearing is held, the board shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the amount of the civil penalty which is warranted, incorporating, when appropriate, an order requiring that the civil penalty be paid. (c) When appropriate, the board shall consolidate a hearing with other proceedings under Section 40-13-201. (d) If a person charged with a violation does not attend the public hearing, the division may assess a civil penalty after the division: (i) determines: (A) that a violation occurred; and (B) the amount of the civil penalty that is warranted; and (ii) issues an order requiring that the civil penalty be paid. (7) At the request of the board, the attorney general may bring a civil action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to recover a civil penalty owed under this chapter. (8) (a) The division shall assess an operator who fails to correct a violation for which a notice or cessation order has been issued under Subsection (1)(b) within the period permitted for a correction of the violation a civil penalty of not less than $750 for each day during which the failure or violation continues. (b) The period permitted for correction of a violation for which a notice of cessation order has been issued under Subsection (1)(b) may not end until: (i) the entry of a final order by the board, in a review proceeding initiated by the operator, in which the board orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements; or (ii) the entry of an order of the court after a review proceeding initiated by the operator, in which the court orders the suspension of the abatement requirements of the citation. (9) The division shall deposit money received by the state from civil penalties collected from actions resulting from this chapter into the Abandoned Mine Reclamation Fund established under Section 40-10-25.1 and shall use the money for the reclamation of mined land impacts not covered by reclamation surety. (10) The division may not commence or maintain a suit, action, or other proceeding based upon a violation of this chapter, an order issued under this chapter, a rule made under this chapter, or a permit condition under this chapter, unless the suit, action, or proceeding is commenced within five years from the date of the alleged violation.
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