Arizona Laws 49-812. Compliance orders; injunctive relief
A. If the director has reasonable cause to believe that a person is violating a provision of this article or a rule adopted pursuant to this article, the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particularity the nature of the violation and shall specify either immediate compliance or a time period for compliance which the director determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable legal requirements. The alleged violator has thirty days from the date of issuance of the order within which to request a hearing pursuant to Title 41, Chapter 6, Article 10.
Terms Used In Arizona Laws 49-812
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- County: means :
(a) The board of supervisors in the context of the exercise of powers or duties. 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
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- 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. If the director has reasonable cause to believe that an order issued pursuant to this section is being violated or that a person is engaging in an act or practice which constitutes a violation for which he is authorized to issue an order pursuant to this section, the attorney general at the request of the director may apply to the superior court in the county in which the violation is occurring or in which the department maintains an office for a temporary restraining order, preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.
C. If the director has reasonable cause to believe that a person is engaging in an act or practice which violates any provision of section 49-811, the attorney general at the request of the director may apply to the superior court for a temporary restraining order, preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.
D. No provision of this section shall be construed to reduce the authority of the attorney general under any other provision of law.
E. The court, in issuing any final order in any civil action brought under this section may award costs of litigation, including reasonable attorney and expert witness fees, to any substantially prevailing party if the court determines such an award is appropriate.