Ariz. Admin. Code § 3-3-1010

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-3-1010 - Calculation of Additional Penalties For Unabated Violations

A. If the Director has reason to believe the cited person has failed to correct a serious or nonserious violation within the abatement period, the Director shall assess additional civil penalties on the cited person as follows:

1. The Director shall use R3-3-1007 and R3-3-1008 to calculate an additional daily penalty for each unabated violation.

2. The additional daily penalty shall neither be less than the original penalty for the cited violation or exceed $1,000 per day per violation.

3. The additional daily penalty shall be multiplied by the number of calendar days the violation has continued unabated beyond the abatement period.

B. Notwithstanding subsection (A), the Director may reduce or eliminate the additional penalty based on:

1. The extent that the violation has been abated,

2. The cited person's good faith effort in correcting the violation, and

3. Whether the abatement has not been completed because of factors beyond the cited person's reasonable control.

Ariz. Admin. Code § R3-3-1010

Adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.