Enforcement and Penalties

The Maricopa County Air Quality Compliance and Enforcement Division is responsible for ensuring compliance with federal, state and county air pollution regulations. 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.

Notice of Violation & Referral


After an inspector has issued a notice of non-compliance, the inspection file is referred to the division’s enforcement team. Referrals will typically include photographs, the inspector's report including a narrative description of the violation(s), and additional supporting evidence.

Enforcement case reports are published on the website on a monthly basis.
 
 

Penalties

 

Authorized Penalties


The division's enforcement team 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 team 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 reviewed 23 May 2019