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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)
A. A person who violates any provision of this title, any permit or permit condition issued pursuant to this title, any fee or filing requirement, an effective order of abatement issued pursuant to this title or any duty to allow or carry out inspection, entry or monitoring activities, is subject to a civil penalty of not more than ten thousand dollars per day per violation. The county attorney at the request of the control officer shall file an action in superior court to recover penalties provided for in this section.
B. For purposes of determining the number of days of violation for which a civil penalty may be assessed under this section, if the control officer has notified the source of the violation and makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice, the days of violations shall be presumed to include the date of such notice and each day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature. Notice under this section is accomplished by the issuance of a notice of violation or order of abatement or by filing a complaint in superior court that alleges any violation described in subsection A of this section.
C. In determining the amount of a civil penalty under this section, the court shall consider all of the following:
1. The seriousness of the violation.
2. As an aggravating factor only, the economic benefit, if any, resulting from the violation.
3. Any history of that violation.
4. Any good faith efforts to comply with the applicable requirements.
5. The economic impact of the penalty on the violator.
6. The duration of the violation as established by credible evidence including evidence other than the applicable test method.
7. Payment by the violator of penalties previously assessed for the same violation.
8. Other factors as the court deems relevant.
D. All penalties collected pursuant to this section shall be deposited in the special public health fund prescribed in A.R.S. 49-480.
(Ord. 1993-128 § 7 (part), 1993)
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