A. If the director has reasonable cause to believe that a person is in violation of section 49-109, article 2 of this chapter or a rule adopted pursuant to article 2 of this chapter, the director may issue an order requiring compliance immediately or within a specified time period.

Terms Used In Arizona Laws 49-110

  • 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
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

B. A compliance order shall state with reasonable specificity the nature of the violation, a time for compliance, if applicable, and the right to a hearing.

C. A compliance order shall be transmitted to the alleged violator by certified mail, return receipt requested, or by hand delivery.

D. A compliance order becomes final and enforceable in the superior court unless within thirty days after the receipt of the order the alleged violator requests a hearing before an administrative law judge. If a hearing is requested, the order does not become final until the administrative law judge has issued a final decision on the appeal. Except as provided in Section 41-1092.08, subsection H, any final agency order issued pursuant to this section is subject to judicial review pursuant to Title 12, Chapter 7, Article 6.

E. If a violator fails to comply with 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 one thousand dollars for each day of continued noncompliance with the order, not to exceed twenty-five thousand dollars.

 

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