The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
A. If a washout of solid waste from a solid waste landfill occurs, the director shall issue a cease and desist order pursuant to section 49-142 to the owner or the operator of the solid waste landfill and to any person who disposed of solid waste at that landfill.
B. The director may order the owner or the operator of the landfill and any person who disposed of solid waste at that landfill to abate the washout within a time specified in the order and at the expense of the owner, operator or other person named in the order. If such persons refuse to comply with the order to abate, the department may recover from the owner and the operator of the landfill and any person who disposed at the landfill the reasonable costs of abating the washout. No person who disposed of solid waste at the landfill shall be liable for a larger proportion of the abatement cost than the person's proportionate share of solid waste at the landfill. Chapter 1, article 3 of this title, relating to environmental nuisances, shall apply to any action filed by the director and any person who is named in the order.
C. This section does not apply to any washout that occurred before October 9, 1993.
D. This section does not apply to an operation that is exempt from this article on October 9, 1993.
E. The authority provided to the director by this section is in addition to the remedies and authority otherwise provided by law.
F. For purposes of this section:
1. "Person who disposed" means any person who transported solid waste to the landfill or who made the decision to use the landfill but does not include a natural person.
2. "Washout" means the carrying away of solid waste off the property of the owner or operator of the landfill by storm water or surface water runoff.