A. If the director determines that a person is in violation of any provision of article 3 or 4 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter or any condition of a coal combustion residuals permit or solid waste facility plan approval issued pursuant to this chapter or is creating an imminent and substantial endangerment to the public health or the environment, the director may issue an order requiring compliance immediately or within a specified period of time.

Terms Used In Arizona Laws 49-781

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • CCR: means fly ash, bottom ash, boiler slag and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers. See Arizona Laws 49-701
  • CCR program approval: means United States environmental protection agency approval of the Arizona coal combustion residuals program in accordance with 42 United States Code § 6945(d)(1). See Arizona Laws 49-701
  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • Facility plan: means any design or operating plan for a solid waste facility or group of solid waste facilities other than a permit issued under article 11 of this chapter. See Arizona Laws 49-701
  • Person: means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person. See Arizona Laws 49-701

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. At the request of the director, the attorney general may file an action in superior court to enforce orders issued pursuant to this section after the order becomes final.

E. This section does not apply to CCR units until after CCR program approval.