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Current as of January 01, 2025 | Updated by Findlaw Staff
A. A county may designate and authorize an administrative director for the program or plan prescribed by § 49-371 to perform enforcement duties. If the administrative director determines that a person is in violation of an ordinance, rule or regulation adopted pursuant to § 49-371 or a permit authorized pursuant to that section, the administrative director may take actions consistent with this article and § 49-261.
B. A county that adopts ordinances, rules or regulations pursuant to § 49-371 may enforce those ordinances, rules or regulations as prescribed by §§ 49-261, 49-262 and 49-263 for violations of this article as if this article were referenced in §§ 49-261, 49-262 and 49-263 except for the following:
1. Appeals under § 49-261, subsection D shall be filed in the superior court.
2. Section 49-262, subsections F, G, H, I and J do not apply.
C. The county's attorney and the county's designated administrative director have the authority prescribed for the attorney general and the director of environmental quality, respectively, pursuant to §§ 49-261, 49-262 and 49-263.
D. Notwithstanding §§ 49-262 and 49-263, penalties obtained pursuant to this article by a county shall be deposited into the county general fund.
E. A county shall not receive civil penalties under this section if an interested person, the United States, this state or another political subdivision or agency of this state has received civil penalties or is diligently prosecuting a civil penalty action in a court of the United States or this state, or in an administrative enforcement proceeding, with respect to the same allegations, standard, requirement or order. This state, and any political subdivision or agency of this state that is or may be affected by a civil, judicial or administrative action, may intervene as a matter of right in any pending civil, judicial or administrative action for purposes of obtaining injunctive or declaratory relief.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 49. The Environment § 49-372. Administrative director; enforcement - last updated January 01, 2025 | https://codes.findlaw.com/az/title-49-the-environment/az-rev-st-sect-49-372/
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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