§ 45-882.01 — Violation; civil penalties

Arizona § 45-882.01

• Jurisdiction: Arizona
• Title 45: Arizona Revised Statutes
• Ch. 3: UNDERGROUND WATER STORAGE, SAVINGS AND REPLENISHMENT
• Art. 5: Permit Application Procedures, Financial Provisions and Enforcement

Text

A. A person who is determined pursuant to section 45-881.01 to be in violation of this chapter or a permit, rule or order issued or adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding:

1. One hundred dollars per day of violation that is not directly related to illegal storage, recovery or use of stored water.

2. Ten thousand dollars per day of violation that is directly related to illegal storage, recovery or use of stored water.

B. An action to recover penalties under this section shall be brought by the director in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider the degree of harm to the public, whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.

D. The director shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties assessed under this section in the state general fund.