Arizona Revised Statutes § 49-284 Notice; Reportable Quantities; Penalties

49-284. Notice; reportable quantities; penalties

A. Notwithstanding any other requirement of state or federal law, any person who is the owner or operator of a facility shall, as soon as the person has knowledge of any release, other than a release in compliance with the limits or conditions in a federal or state permit, of a hazardous substance from such facility, immediately notify the director of the release if either:

1. The release is in a quantity equal to or greater than that which is required to be reported to the national response center under section 103 of CERCLA (42 United States Code section 9603).

2. The release is in a quantity equal to or greater than that determined pursuant to subsection B of this section and the release was not reported to the national response center before August 13, 1986.

B. The director shall, by rule, establish reportable quantities for those hazardous substances for which such quantities have not been established under section 102 of CERCLA (42 United States Code section 9602). The director may determine that one single quantity shall be the reportable quantity for that hazardous substance, regardless of the medium into which the hazardous substance is released.

C. Any person who fails to immediately notify the director as provided in subsection A of this section is subject to a civil penalty of not to exceed ten thousand dollars. The attorney general may, and at the request of the director shall, commence an action in superior court to recover civil penalties provided by this subsection. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Notification received pursuant to this section or information obtained by the exploitation of such notification shall not be used against any reporting person in any criminal case, except a prosecution for perjury or for giving a false statement.

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Last modified: October 13, 2016