Arizona Laws 45-137. Civil penalties
A. A person who is determined pursuant to section 45-136 to be in violation of any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article may be assessed a civil penalty in an amount not exceeding:
Terms Used In Arizona Laws 45-137
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Body of water: means a body of water in an active management area established under chapter 2 of this title, including a lake, pond, lagoon or swimming pool, that has a surface area greater than twelve thousand three hundred twenty square feet and that is filled or refilled for landscape, scenic or recreational purposes. See Arizona Laws 45-131
- 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: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
1. One hundred dollars per day of violation not directly related to the illegal filling or refilling of all or a portion of a body of water.
2. Ten thousand dollars per day of violation directly related to the illegal filling or refilling of all or a portion of a body of water.
B. An action to recover penalties under this section shall be brought by the director 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.