49-511. Violations; order of abatement

450 words·~2 min read·/az/title-49/49-511

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article, the control officer may serve upon such person by certified mail or in person an order of abatement or may file a complaint in superior court alleging a violation pursuant to section 49-513.

B. Except as provided in subsection E of this section, an order issued pursuant to this section shall state the following:

1. With particularity, the act constituting the violation.

2. In its entirety, the certain requirement, provision or rule violated.

3. The duration of the order.

4. That the alleged violator is entitled to a hearing, if the hearing is requested in writing within thirty days after the date of issuance of the order.

C. The order may be conditional and require a person to refrain from particular acts unless certain conditions are met.

D. An order issued under this section shall require the persons to whom it is issued to comply with the requirement, provision or rule as expeditiously as practicable. In the case of a source required to obtain a permit pursuant to this article and title V of the clean air act, the order shall require compliance no later than one year after the date the order was issued and may be renewable for no more than one additional year on a showing of good cause to the control officer.

The control officer shall report annually, by December 1, to the governor, the president of the senate, the speaker of the house of representatives and the director of the Arizona state library, archives and public records on the sources that are issued an order of abatement or a renewal pursuant to this section. The report shall include summary information about the source and the order. If the order was renewed, the report shall also include a summary of the justification for the renewal.

The control officer shall publish the following information on the county's internet web site:

1. A notice that an abatement order has been issued pursuant to this section and summary information about the order.

2. A notice that an order of abatement has been renewed pursuant to this section and summary information about the renewal.

E. The control officer may enter into an order of abatement by consent. The control officer may agree to accept monetary payments as part of the negotiated terms of an order of abatement by consent. The terms of an order of abatement by consent shall be determined by the agreement of the parties.