Ariz. Admin. Code § 3-3-505

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-3-505 - Unlisted Violations

A. The Department shall classify a violation of Articles 2 through 4 of this Chapter or of A.R.S. Title 3, Chapter 2, Article 6 that is not listed in R3-3-501, R3-3-502, or R3-3-503 as a serious, nonserious, or de minimis violation depending upon the specific factual circumstances surrounding the violation.

B. A third de minimis violation of the same or similar type in a three-year period is a nonserious violation.

C. According to A.R.S. § 3-370, in addition to the civil penalties prescribed by the section, a person who knowingly or willfully commits a violation of this Article may be charged as follows:

1. For any nonserious violation of this Article that results in the harm to the environment or economy that results in the loss of $10,000 or less may be found guilty of a class 1 misdemeanor; or

2. For any serious violation of this Article that results in the harm to human or animal health, the environment, or the economy of $10,000 or more may be found guilty of a class 6 felony.

D. In addition, the Director may deny, suspend or revoke am applicator certification for one or more of the following violations:

1. Misuse of a pesticide;

2. Falsifying records as required under Article 4 of this Chapter;

3. A criminal conviction under section 14(b) of FIFRA;

4. A final order imposing a civil penalty under section 14(a) of FIFRA; or

5. A violation of State laws or regulation relevant to the State certification plan.

Ariz. Admin. Code § R3-3-505

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-505 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.