Arizona Laws 49-923. Compliance orders; civil penalties; injunctive relief
A. If the director has reasonable cause to believe that a person is violating this article or a permit or rule issued or adopted pursuant to this article, the director may serve on the person an order requiring compliance with such provision, permit 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 49-923
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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 an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of the state, interstate body or federal facility. See Arizona Laws 49-921
- 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 a violator fails to take corrective action within the time specified in a compliance order issued pursuant to subsection A of this section, the director may issue an order assessing a civil penalty of not more than $1,000 for each day of continued noncompliance with the order. The alleged violator may request a hearing pursuant to Title 41, Chapter 6, Article 10. An attorney or corporate officer or employee of a corporation may represent the corporation at that hearing.
C. Before issuing an order assessing a civil penalty pursuant to subsection B of this section, the director shall give reasonable notice of the director’s intent to issue the order and the circumstances of the case to the attorney general.
D. 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 the director is authorized to issue an order pursuant to this section, the director or the attorney general may apply to the superior court in the county in which the violation is occurring for a temporary restraining order, preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.
E. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.