§ 49-261 Compliance orders; appeal; enforcement
§ 49-262 Injunctive relief; civil penalties; recovery of litigation costs; affirmative defense
§ 49-263 Criminal violations; classification; definition
§ 49-263.01 Arizona pollutant discharge elimination system program; violation; classification
§ 49-263.02 Sewage sludge program; violation; classification
§ 49-264 Private right of action; citizen suits; right to intervene
§ 49-265 Venue

Terms Used In Arizona Laws > Title 49 > Chapter 2 > Article 4 - Enforcement

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Administrator: means the administrator of the United States environmental protection agency. See Arizona Laws 49-201
  • 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.
  • Aquifer: means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring. See Arizona Laws 49-201
  • CERCLA: means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P. See Arizona Laws 49-201
  • Clean water act: means the federal water pollution control act amendments of 1972 (P. See Arizona Laws 49-201
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environmental quality. See Arizona Laws 49-201
  • 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
  • Discharge limitation: means any restriction, prohibition, limitation or criteria established by the director, through a rule, permit or order, on quantities, rates, concentrations, combinations, toxicity and characteristics of pollutants. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice from which there is, or with reasonable probability may be, a discharge. See Arizona Laws 49-201
  • Hazardous substance: means :

    (a) Any substance designated pursuant to sections 311(b)(2)(A) and 307(a) of the clean water act. See Arizona Laws 49-201

  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pollutant: means fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous or hazardous substances. See Arizona Laws 49-201
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Well: means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension. See Arizona Laws 49-201