1. (1) If a local government determines that an enforcement activity under the authority of Title 19, Environmental Quality Code, qualifies as or is reasonably expected to meet the definition of a qualifying enforcement action for which the local government intends to seek reimbursement from the department, the local government shall provide reasonable notice to the department of its determination and intent. Notice to a division director is considered to be notice to the department.
2. (2) For each qualifying enforcement action, the local government shall maintain records that are adequate to document and calculate the local government's cost of enforcement. Cost of enforcement shall be attributable to the specific qualifying enforcement action.
3. (3) Records documenting cost of enforcement for matters resulting in reimbursement of extraordinary enforcement expenses shall be maintained by the local government in accordance with approved retention schedules.
4. (4) Local governments shall submit claims for extraordinary enforcement expenses in a timely manner, as such expenses are incurred. All claims for reimbursement for extraordinary enforcement expenses incurred during a state fiscal year shall be submitted to the department on or before July 15th of the new fiscal year. A local government's failure to comply with this deadline shall operate as a waiver as to such claims.

KEY: administrative law, enforcement expenses

Date of Last Change: June 23, 2026

Authorizing, and Implemented or Interpreted Law: 19-1-303(5)(d)