Arizona Laws 49-783. Injunctive relief; civil penalties; costs
A. If the director has reason to believe that a person is in violation of any provision of article 3, 4 or 11 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter, any condition of a coal combustion residuals permit or an approved solid waste facility plan issued pursuant to article 4 of this chapter or that a person is creating an imminent and substantial endangerment to the public health or the environment, the director through the attorney general may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public health or the environment, without regard to whether the person has requested a hearing.
Terms Used In Arizona Laws 49-783
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- CCR: means fly ash, bottom ash, boiler slag and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers. See Arizona Laws 49-701
- CCR program approval: means United States environmental protection agency approval of the Arizona coal combustion residuals program in accordance with 42 United States Code § 6945(d)(1). See Arizona Laws 49-701
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- Facility plan: means any design or operating plan for a solid waste facility or group of solid waste facilities other than a permit issued under article 11 of this chapter. See Arizona Laws 49-701
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person. See Arizona Laws 49-701
- Solid waste facility: means a transfer facility and any site owned, operated or used by any person for the storage, processing, treatment or disposal of solid waste, conditionally exempt small quantity generator waste or household hazardous waste but does not include the following:
(a) A site at which less than one ton of solid waste that is not household waste, household hazardous waste, conditionally exempt small quantity generator waste, medical waste or special waste and that was generated on site is stored, processed, treated or disposed in compliance with Section 49-762. See Arizona Laws 49-701
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
B. A person who violates any provision of article 3, 4 or 11 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter, an order issued pursuant to this article, a coal combustion residuals permit or an approved solid waste facility plan issued pursuant to this chapter is subject to a civil penalty of not more than $1,000 for each day not to exceed $15,000 for each violation. At the request of the director, the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.
C. This section does not apply to CCR units until after CCR program approval.