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Current as of January 01, 2025 | Updated by Findlaw Staff
A. If the director determines that a person is in violation of a rule adopted or a condition of a permit issued pursuant to § 49-203, subsection A, paragraph 7, any provision of article 2, 3, 3.1 or 3.3 of this chapter, 1 a rule adopted pursuant to article 2, 3, 3.1 or 3.3 of this chapter, a discharge limitation or any other condition of a permit issued under article 2, 3, 3.1 or 3.3 of this chapter or is creating an imminent and substantial endangerment to the public health or environment, the director may issue an order requiring compliance within a reasonable time period.
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 personal service.
D. A compliance order becomes final and enforceable in the superior court unless within thirty days after the receipt of the order the alleged violator requests a hearing before an administrative law judge. If a hearing is requested, the order does not become final until the administrative law judge has issued a final decision on the appeal. Appeals shall be conducted pursuant to § 49-321.
E. At the request of the director the attorney general may commence an action in superior court to enforce orders issued under this section once an order becomes final.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 49. The Environment § 49-261. Compliance orders; appeal; enforcement - last updated January 01, 2025 | https://codes.findlaw.com/az/title-49-the-environment/az-rev-st-sect-49-261/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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