Section R3-3-504. Mitigation

A.      A violation listed in R3-3-501 is a nonserious violation if:

1.        Health effects.

a.   No evidence of human exposure to pesti- cides and no evidence of the substantial probability of human exposure to pesti- cides.

b.  Substantial probability of human exposure to pesticides but treatment not required by a physician, nurse, paramedic, or physician’s assistant.

c.   Evidence of human exposure to pesticides but treatment not required by a physician, nurse, paramedic, or physician’s assistant.

d.  Human exposure to pesticides that required treatment by a physician, nurse, paramedic, or physician’s assistant, but which did not result in pesticide poisoning.

e.   Human exposure to pesticides that required either hospitalization for less than 12 hours or treatment as an outpatient for five con- secutive days or less by a physician, nurse, paramedic, or physician’s assistant for pes- ticide poisoning.

f.   Human exposure to pesticides that required either hospitalization for 12 hours or longer, or treatment as an outpatient for more than five consecutive days by a physician, nurse, paramedic, or physician’s assistant for pes- ticide poisoning.

g.  Human exposure to pesticides resulting in death from pesticide poisoning (serious vio- lation unless otherwise documented in the investigative record).

0

5-10

11-20

21-30

31-45

46-100

101-180

4.     Prior violations or citations. Violations or citations within three years from the date the violation was committed. (Select one or more as evidence indicates.)

2.        Environmental consequences and property damage. (Select one or more as evidence indicates.)

a.   No evidence of substantial probability of environmental or property damage.

b.  Substantial probability of water contami- nation.

Prior violation history	Current violation Non- serious	Current violation Serious
None	0	0
One or more De minimis	5	0
One Nonserious	10	5
One Nonserious, same or sub- stantially similar to current violation	20	10
Two Nonserious	30	15
Two Nonserious, same or sub- stantially similar to current violation	40	20
Three Nonserious	60	30
Three Nonserious, same or substantially similar to current violation	70	35
Additional Nonserious: same or substantially similar to cur- rent violation, points per each additional violation beyond three	10	5
One Serious	20	10
One Serious, same or substan- tially similar to current viola- tion	40	20
Two Serious	60	30
Two Serious, same or substan- tially similar to current viola- tion	80	40
Three Serious	120	60
Three Serious, same or sub- stantially similar to current violation	140	70
Additional Serious: same or substantially similar to current violation, points per violation	20	10

  

 

0

5-10

c.  Evidence of water source contamination.

d.  Substantial probability of soil contamina- tion causing economic damage.

e.   Evidence of soil contamination causing economic damage.

f.  Substantial probability of nontarget bird kills.

g.  Evidence of nontarget bird kills.

h.  Substantial probability of nontarget fish kills.

i.  Evidence of nontarget fish kills.

j.  Nontarget kills involving game or furbear- ing animals as defined by A.R.S. § 17- 101(B).

k.  Any property damage (nonserious viola- tion only under A.R.S. § 3-361(4)).

l.  Air contamination causing official evacua- tion by federal, state, or local authorities.

m.  Killing one or more threatened or endan-

11-20

5-10

11-20

5-10

11-20

5-10

11-20

10-20

10-20

10-20

15-20

5.     The length of time a violation has been allowed to con- tinue by the violator after notification by the Department.

gered species.

n.  Killing one or more domestic animals.

3.        Culpability.

a.  Knowing.Knew or reasonably should have known by reasonable diligence of the pro- hibitions or restrictions that are the basis of the misconduct cited.

b.  Willfully. Actual knowledge of the prohi- bitions or restrictions but engages in mis- conduct.

15-20

5-10

20-50

a.  Less than one day.

b.  One day but less than one week.

c.  One week but less than one month.

d.  One month but less than two months.

e.  Two months or more.

0

1-10

11-20

21-30

31-40

6.        Wrongfulness of conduct.

a.  Conduct resulting in a violation that does not cause any immediate damage to public health, safety, or property.

b.  Conduct resulting in a violation that the evidence establishes may have a substan- tial probability of an immediate effect upon public health, safety, or property.

c.  Conduct resulting in a violation that the evidence establishes had an immediate effect upon public health, safety, or prop- erty, but does not fall within subsection (6)(e).

d.  Conduct causing the substantial probability of serious physical injury, hospitalization, or sustained medical treatment for an indi- vidual, or degrading the pre-existing envi- ronmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or prop- erty.

e.  Conduct resulting in serious physical injury, hospitalization, or sustained medi- cal treatment for an individual, or degrad- ing the pre-existing environmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or property.

4-5

6-8

9-10

20-35

36-50

Historical Note

Adopted effective September 13, 1989 (Supp. 89-3). Renumbered from R3-10-506 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6,

2004 (Supp. 04-1).