Air Quality Compliance
The Air Quality Compliance and Enforcement Division is responsible for ensuring that facilities are in compliance with applicable regulations and permit conditions. The division annually conducts more than 10,000 inspections of various types, including construction sites and vacant lots for dust control, manufacturing facilities, fuel storage and distribution facilities, dry cleaners, vehicle refinishers, and a host of other sources of air pollution.
The division investigates over 1,000 complaints each year regarding air pollution concerns raised by residents of the County. In the performance of their duties, division staff may initiate measures to control sources in violation of applicable regulations and permit conditions and begin the enforcement process by recommending legal action against potential violators.
Notice of Non-Compliance and Referrals
In the event an inspector issues a notice of non-compliance, the inspection file is referred to the division’s enforcement team. Referrals will typically include photographs, the inspection report with a narrative description of the violation(s), and additional supporting evidence. The enforcement activities of the department seek to deter future air quality violations and ensure a level the playing field among all regulated facilities so that none has a competitive advantage derived from non-compliance.
The division's enforcement team has the authority, per Arizona Revised Statutes, to recover penalties up to $10,000 per day, per violation.
When calculating penalties, the enforcement team uses the Penalty Assessment Policy.
The Penalty Assessment Policy instructs enforcement officers to consider the items listed in A.R.S. § 49-513(C), which includes:
- The seriousness of the violation
- History of non-compliance
- Any good faith efforts to comply with the applicable requirements
- Duration of the violation
- Payment by violator of penalties previously assessed for the same violation
Page reviewed 18 Dec 2020