Section R12-1-1210. Response to Notice of Violation

A.      Except as provided in subsection (D), within 30 calendar days of the date of the notice, or longer time period specified in the notice, the person charged with the violation shall submit a written response that includes a description of:

1.        The actions taken to achieve compliance and the results of the actions;

2.        The actions that are proposed and the date when full com- pliance is expected to be achieved; and

3.        If the violation is a repeat violation, why corrective actions taken previously did not prevent the violation from recurring and why the new actions will be effective.

B.       If the person charged with a violation submits a timely response, the Director, in consideration of the answer and the severity level of the violation, shall do one of the following:

1.        Issue an initial order conditionally imposing the full amount of the proposed civil penalty and any other sanc- tions proposed;

2.        Issue an initial order conditionally mitigating or waiving the proposed civil penalty under R12-1-1214(B);

3.        Waive the penalty as authorized under R12-1-1216(C);

4.        Enter into a consent agreement as authorized under R12- 1-1222.

C.      If the Agency does not receive an adequate and timely response to the notice, the Director shall issue an initial order

conditionally imposing any or all sanctions and civil penalties proposed in the notice of violation. If no civil penalty was pro- posed, the initial order may impose the base civil penalty listed in R12-1-1216.

D.      Response to the notice of violation as otherwise required in this Section may be waived by the Agency, if the Agency determines that a response is not required.

Historical Note

Adopted effective January 2, 1996 (Supp. 96-1).

Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemak-

ing at 9 A.A.R. 4302, effective November 14, 2003

(Supp. 03-3).