UTAH REGULATORY PROGRAM UTAH ADMINISTRATIVE CODE (UAC) NATURAL RESOURCES R645. OIL, GAS AND MINING; COAL (Current as of March 1, 2003) UAC R645-402. INSPECTION AND ENFORCEMENT: INDIVIDUAL CIVIL PENALTIES. UAC R645-402-100 Information on Individual Civil Penalties. UAC R645-402-200 When an Individual Civil Penalty May Be Assessed. UAC R645-402-300 Amount of the Individual Civil Penalty. UAC R645-402-400 Procedure for Assessment of Individual Civil Penalty. UAC R645-402-500 Payment of Penalty. NOTE: Cross references to OSM's federal regulations and SMCRA appear in double braces to the right of the Rule or Section number, e.g., "UC Sec. 40-10-3 DEFINITIONS. {{ SMCRA Secs. 526, 701 }}" or "UAC R645-100-400 APPLICABILITY. {{ 30 CFR 700.11 }}". The cross references were compiled using the preambles to OSM's approval of amendments to the Utah Regulatory Program published in the Federal Register and from the file of Utah's regulatory material in the COALEX Library in LexisNexis. ALSO NOTE: The official form for citing to the Utah Code is as follows: "Sec. 40-10-1, Utah Code". The format used here is for short-hand purposes. UAC R645-402-100 INFORMATION ON INDIVIDUAL CIVIL PENALTIES. {{ 30 CFR Part 846 }} UAC R645-402-110. The rules in R645-402 provide guidance to exercise the authority set forth in UCA 40-10- 20(6). UAC R645-402-120. Individual civil penalties will be assessed by a Division-appointed assessment officer using the process described in R645-402. UAC R645-402-200 WHEN AN INDIVIDUAL CIVIL PENALTY MAY BE ASSESSED. {{ 30 CFR Part 846 }} UAC R645-402-210. Except as provided in R645-402-220, the assessment officer may assess an individual civil penalty against any corporate director, officer, or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure, or refusal. UAC R645-402-220. The assessment officer will not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Division to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days. UAC R645-402-300 AMOUNT OF THE INDIVIDUAL CIVIL PENALTY. {{ 30 CFR Part 846 }} UAC R645-402-310. In determining the amount of an individual civil penalty assessed under R645-402-200, the assessment officer will consider the criteria specified in UCA 40-10-20, including R645-402-311. The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular coal mining and reclamation operations; R645-402-312. The seriousness of the violation failure or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and R645-402-313. The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure, or refusal. UAC R645-402-320. The individual civil penalty will not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation and the assessment officer may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order, or other order incorporated in a final decision issued by the board, until abatement or compliance is achieved. UAC R645-402-400 PROCEDURE FOR ASSESSMENT OF INDIVIDUAL CIVIL PENALTY. {{ 30 CFR Part 846 }} UAC R645-402-410. Notice. The assessment officer will serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order. UAC R645-402-420. Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final order of the Division 30 days after service upon the individual unless: R645-402-421. The individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the board; or R645-402-422. The Division and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal. UAC R645-402-430. Service. Service of notice under R645-402-400 will satisfy the standard of the R641 Rules of the board. UAC R645-402-500 PAYMENT OF PENALTY. UAC R645-402-510. No abatement or appeal. If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty will be due upon issuance of the final order. UAC R645-402-520. Appeal. If an individual named in a notice of proposed individual civil penalty assessment files a petition for review in accordance with the R641 Rules of the board, the penalty will be due upon issuance of a final board order affirming, increasing, or decreasing the proposed penalty. UAC R645-402-530. Abatement agreement. Where the board and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the Board stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn. UAC R645-402-540. Delinquent payment. Following the expiration of 30 days after the issuance of a final order assessing an individual civil penalty, any delinquent penalty will be subject to interest at the rate established quarterly by the U.S. Department of the Treasury for use in applying late charges on late payments to the Federal Government, pursuant to Treasury Financial Manual 6-8020.20. The Treasury current value of funds rate is published by the Fiscal Service in the notices section of the Federal Register. Interest on unpaid penalties will run from the date payment first was due until the date of payment. Failure to pay overdue penalties will result in referral to the Utah Attorney General for appropriate collection action. KEY: reclamation, coal mines Date of Enactment or Last Substantive Amendment: April 1,1995 Notice of Continuation: March 26, 2002 Authorizing, Implemented, or Interpreted Law: 40-10-1 et seq.