(1)

1. (a) Any person who violates any provision of this title or lawful orders or rules adopted under this title by the department shall:

   1. (i) in a civil proceeding be assessed a penalty not to exceed the sum of $5,000; or

   2. (ii) in a criminal proceeding:

      1. (A) for the first violation, be guilty of a class B misdemeanor; and
      2. (B) for a subsequent similar violation within two years, be guilty of a class A misdemeanor.
2. (b) In addition, a person is liable for any expense incurred by the department in removing or abating any violation.

(5)

1. (a) Except as provided in this Subsection (5) or otherwise in this title, the department shall deposit all civil penalties and fines imposed and collected under this title into the General Fund.
2. (b) The department shall reimburse a local health department for costs associated with collecting a civil penalty under this title by the local health department.

3. (c) The department may reimburse the department, a local government, or a local health department from money collected:

   1. (i) from a civil penalty for a qualifying extraordinary expense incurred in a qualifying environmental enforcement activity; and
   2. (ii) notwithstanding the provisions of Section 78A-5-110, from a criminal fine for a qualifying extraordinary expense incurred in a prosecution for a violation of this title.

4. (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to define:

   1. (i) a qualifying environmental enforcement activity; and
   2. (ii) a qualifying extraordinary expense.