A. If the director determines that a person is in violation of this chapter or the rules adopted pursuant to this chapter the director may issue an order requiring compliance within a reasonable time. A compliance order becomes final thirty days after the order is served unless within thirty days of service the person named on the order requests a hearing. A hearing shall be conducted pursuant to Title 41, Chapter 6, Article 10. A compliance order that is the subject of a hearing as prescribed by this section becomes final and subject to appeal on the decision of the director to uphold the compliance order. Except as provided in Section 41-1092.08, subsection H, the director’s final decision may be appealed by any party to the superior court pursuant to Title 12, Chapter 7, Article 6. A person becomes the subject of an enforcement proceeding pursuant to this chapter when a compliance order against that person becomes final.

Terms Used In Arizona Laws 49-1013

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Operator: means a person in control of, or having responsibility for, the day-to-day operation of an underground storage tank. See Arizona Laws 49-1001
  • Person: means an individual, trust, firm, joint stock company, corporation, joint venture, partnership, association, consortium, state, municipality, interstate body, commission, political subdivision of a state and the United States government. See Arizona Laws 49-1001
  • Tank: means a stationary device constructed of wood, concrete, steel, plastic or other nonearthen materials and used to contain regulated substances. See Arizona Laws 49-1001
  • Underground storage tank: means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent of the total volume of the tank and underground portions of pipes connected to the tank underground. See Arizona Laws 49-1001
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

B. If the director issues a stop use order pursuant to section 49-1023, the owner or operator may request a hearing within thirty days after the issuance of the stop use order. A hearing shall be conducted pursuant to Title 41, Chapter 6, Article 10. Except as provided in Section 41-1092.08, subsection H, the director’s final decision may be appealed by the owner or operator to the superior court pursuant to Title 12, Chapter 7, Article 6.

C. If a person fails to comply with a final order under this section within the time specified in the order, the person is subject to a civil penalty of not to exceed twenty-five thousand dollars for each day of continued noncompliance.

D. An owner who fails to notify or submits false information pursuant to section 49-1002 is subject to a civil penalty of not to exceed ten thousand dollars for each underground storage tank for which notification is not given or false information is submitted.

E. An owner or operator of an underground storage tank who fails to comply with any of the requirements or standards of this chapter or who fails to comply with a stop use order is subject to a civil penalty of not to exceed ten thousand dollars for each underground storage tank for each day of violation.

F. A product deliverer as defined in section 49-1023 who fails to comply with the requirements of section 49-1023, subsection A is subject to a civil penalty of not to exceed ten thousand dollars for each underground storage tank for each violation.

G. The penalties provided for in this section shall not be cumulated with any penalties sought and obtained by the department or the United States pursuant to title VI of the hazardous and solid waste amendments of 1984 (P.L. 98-616; 98 Stat. 3221).

H. The director may file an action in the superior court to enforce this chapter and to collect penalties for violations of this chapter. The director may seek all appropriate relief including temporary and permanent injunctions.

I. All monies collected under the penalty provisions of this section shall be deposited in the state general fund.

 

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