Arizona Laws 49-861. Violation; classification; civil penalty
Current as of: 2023 | Check for updates
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A. Beginning January 1, 1993 a person who knowingly violates this article is guilty of a class 6 felony.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
Terms Used In Arizona Laws 49-861
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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 person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day for each violation. In issuing any final order in any civil action brought under this section, the court may award costs of litigation including reasonable attorney and expert witness fees to any substantially prevailing party if the court determines that an award is appropriate.
C. The attorney general, at the request of the director, shall file an action in superior court to recover civil penalties provided by this section.