When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this title or any requirement of a permit issued pursuant to this title, he 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 A.R.S. 49-513. The order shall state with particularity the act constituting the violation, shall state in its entirety the certain requirement, provision or rule violated, shall state the duration of the order and shall state that the alleged violator is entitled to a hearing, if such hearing is requested in writing within thirty days after the date of issuance of the order. The order may be conditional and require a person to refrain from particular acts unless certain conditions are met. 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 title and Title V of the Clean Air Act (Permits), the order shall require compliance no later than one year after the date the order was issued, and shall be nonrenewable.
(Ord. 1997-79 § 12, 1997; Ord. 1993-128 § 7 (part), 1993)
When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this title or any requirement of a permit issued pursuant to this title, he may request, in writing, that such person produce all existing books, records and other documents evidencing tests, inspections or studies which may reasonably relate to compliance or noncompliance with provisions of this title within the time period specified in the written request.
(Ord. 1993-128 § 7 (part), 1993)
A. The county attorney, at the request of the control officer, shall file an action for a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief provided by law, if the control officer has reasonable cause to believe that any of the following is occurring:
1. A person has violated or is in violation of any provision of this title or any provision of a permit issued pursuant to this title.
2. A person has violated or in violation of an effective order of abatement.
3. A person is creating an imminent and substantial endangerment to the public health or the environment because of a release of a harmful air contaminant, unless that release is subject to enforcement under A.R.S. Title 3, Chapter 2, Article 6.
B. In the preliminary hearing in an action for an injunction or restraining order brought pursuant to this article, any findings of the hearing board shall be prima facie evidence of the fact or facts found therein until rebutted.
(Ord. 1993-128 § 7 (part), 1993)
For the benefit of the people of the state, court actions and proceedings brought under this title shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
(Ord. 1993-128 § 7 (part), 1993)
It is the purpose of this title to provide additional and cumulative remedies to prevent, abate, and control air pollution in the state. Nothing contained in this title shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law, criminal or civil, nor shall any provisions of this title, or any act done by virtue thereof, be construed as estopping the state or any municipality, or owners of land from the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
(Ord. 1993-128 § 7 (part), 1993; Ord. 1990-113 § 8, 1990: Ord. 1989-165 § 24 (part), 1989: Ord 1979-93 (part), 1979)
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