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).