Arizona Laws 49-862. Compliance orders; injunctive relief
A. If the director has reasonable cause to believe that a person is violating 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 that 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 may request a hearing pursuant to Title 41, Chapter 6, Article 10.
Terms Used In Arizona Laws 49-862
- 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
- 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
- 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 that 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 has an office for a temporary restraining order, preliminary injunction or permanent injunction.
C. If the director has reasonable cause to believe that a person is engaging in an act or practice in violation of this article that causes an imminent and substantial endangerment to the public health or environment, whether or not the person has requested a hearing, 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 has an office for a temporary restraining order, preliminary injunction or permanent injunction.