Reimbursement of extraordinary expenses from civil penalty -- Requirements -- Rulemaking.

Utah Code § 19-1-303.5, under Part 19-1-3: Administration.

Utah Code § 19-1-303.5

19-1-303.5. 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).