A. It is unlawful for any person, knowingly or with criminal negligence to do any of the following with respect to generation, treatment, transportation, disposal, application and management of sewage sludge:

Attorney's Note

Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 5 felonyup to 2 yearsup to $150,000
Class 1 misdemeanorup to 6 monthsup to $2,500
For details, see § 13-702 and § 13-707

Terms Used In Arizona Laws 49-263.02

  • 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
  • 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

1. Apply sewage sludge in violation of rules adopted under article 3.1 of this chapter.

2. Violate any applicable standard or limitation set under article 3.1 of this chapter.

3. Violate any condition of a permit or other authorization granted under the sewage sludge provisions of article 3.1 of this chapter.

4. Fail to comply with any applicable filing or reporting requirement set under article 3.1 of this chapter.

5. Alter, modify or destroy any monitoring device or method required by the director under article 3.1 of this chapter in order to render the device or method inaccurate.

6. Fail to maintain, operate or repair any monitoring device required by the director under article 3.1 of this chapter in order to render the device inaccurate, or fail to install any monitoring device required in a permit issued pursuant to article 3.1 of this chapter.

7. Discharge without a permit or appropriate authority pursuant to article 3.1 of this chapter.

B. A criminally negligent violation of subsection A, paragraphs 1 through 6 of this section is a class 1 misdemeanor.

C. A knowing violation of subsection A, paragraph 5, 6 or 7 of this section is a class 5 felony.

D. Each day of violation of any provision of this section constitutes a separate offense.

E. The attorney general may enforce this section.