Authorized Penalties

The Enforcement Division has the authority, per Arizona Revised Statutes, to recover penalties up to $10,000 per day, per violation.

Penalty Calculation

When calculating penalties, the Enforcement Division uses the Violation Penalty Policy. Appendix A to the Violation Penalty Policy was adopted in May 2012 and specifically addresses the calculation of penalties associated with asbestos violations (Rule 370).

The Violation Penalty Policy discusses the following issues:

• Degree to which the violator deviated from the substance and intent of the requirement
• History of non-compliance
• Level of risk the violation posed to the community and the environment
• Size of the violator
• Toxicity of the pollutant

Page edited 13 September 2018