A. A person who is determined pursuant to section 45-1221 to be in violation of this article or a license, rule or order issued or adopted pursuant to this article may be assessed a civil penalty in an amount not exceeding one thousand dollars per day of violation.

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Terms Used In Arizona Laws 45-1222

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, company or district. See Arizona Laws 45-1201

B. The director shall bring an action to recover penalties under this section in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider the degree of harm to the public, whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.

D. All penalties collected pursuant to this section shall be deposited in the state general fund.

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