Arizona Laws 49-261. Compliance orders; appeal; enforcement
A. If the director determines that a person is in violation of a rule adopted or a condition of a permit issued pursuant to section 49-203, subsection A, paragraph 7, any provision of article 2, 3, 3.1, 3.2 or 3.3 of this chapter, a rule adopted pursuant to article 2, 3, 3.1, 3.2 or 3.3 of this chapter, a discharge limitation or any other condition of a permit issued under article 2, 3, 3.1, 3.2 or 3.3 of this chapter or is creating an imminent and substantial endangerment to the public health or environment, the director may issue an order requiring compliance within a reasonable time period.
Terms Used In Arizona Laws 49-261
- 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 or the director's designee. See Arizona Laws 49-201
- Discharge: means the direct or indirect addition of any pollutant to the waters of the state from a facility. See Arizona Laws 49-201
- Environment: means WOTUS, any other surface waters, groundwater, drinking water supply, land surface or subsurface strata or ambient air, within or bordering on this state. See Arizona Laws 49-201
- Permit: means a written authorization issued by the director or prescribed by this chapter or in a rule adopted under this chapter stating the conditions and restrictions governing a discharge or governing the construction, operation or modification of a facility. See Arizona Laws 49-201
- Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
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 personal service.
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. Appeals shall be conducted pursuant to section 49-321.
E. At the request of the director the attorney general may commence an action in superior court to enforce orders issued under this section once an order becomes final.