A. Nothing in this article may be construed to abridge or alter any right a person may have to engage in remedial action pursuant to other provisions of this title or any other provisions of statutory or common law.

Terms Used In Arizona Laws 49-184

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Remediation: means action taken to address a contaminant by reducing the level of the contaminant in the environment or preventing or reducing exposure to the contaminant. See Arizona Laws 49-171
  • Site: means the areal extent of contamination. See Arizona Laws 49-171

B. Nothing in this article may be construed to abridge or alter the department’s authority to recover penalties or to take any action authorized by law for any violation of this title, except that the department shall not take an action to compel remedial action or corrective action that is the subject of an application approved pursuant to this article unless the approval is withdrawn or terminated pursuant to section 49-178.

C. Unless a remedy is selected in accordance with the rules adopted pursuant to Section 49-282.06, the affirmative defense under section 49-262, subsection F applies only to the site or portion of the site where remediation is or will be conducted pursuant to a work plan approved pursuant to this article.