The Anatomy of a Dust Control Violation

Updated 04/19/2017

I. Complying with Rule 310

Read About Rule 310

Determine whether you are liable for compliance

Determine whether a permit is required

Designate a dust-control coordinator for your site
Required for jobs affecting five acres or more
Get mandatory training
And three-year refresher training
Create a dust control plan for your site
Submit your dust control plan and permit application
and pay the annual fee
Before you start work, implement your dust control plan
After you start work, keep a daily dust control record
 

II. Inspection

What Inspectors Look For  |  What You Should Do During an Inspection | Your Statutory Protections

An Inspection Has Three Possible Results

   

No Violation

  Notice to Comply
A "warning" of a
minor non-compliance
  Notice of Violation (NOV)
Issued at the jobsite, if responsible party is present to sign. Otherwise, will be issued via U.S. mail
     
    Follow-Up Inspection
Within 10 days to determine if non-compliance has been cured
  Inspector assembles a
referral report
     
Disposition
If there are no instances of non-compliance, further action is unlikely
An inspection supervisor reviews the referral report and determines its merits
Notice to Comply may be an aggravating factor in the future
If the non-compliance has not been cured, or if other potential violations are found, the inspector may issue a Notice of Violation (see right column) If the referral report warrants action by the County, the supervisor edits the report
and forwards it to Enforcement staff

Mitigating and Aggravating Factors

III. Notice of Violation

Enforcement staff:

  • applies the County's penalty policy,

  • calculates the fine, and

  • issues an Order of Abatement.

The contractor hires an attorney (Why?)

  • The contractor may settle the violation by signing the Order and paying the fine.

  • The contractor may request a hearing to challenge the Order of Abatement.

  • If the hearing officer upholds the Order of Abatement, the contractor may appeal to Superior Court.

  • The contractor may also request a settlement conference, at which the County will be represented by the County Attorney.

A Settlement Conference Has Three Possible Outcomes

 

Meeting results
in settlement

 

Meeting results in no settlement

   
    Case referred to County Attorney
 
IV. Referral to the Maricopa County Attorney
A Referral to the County Attorney Has Three Possible Outcomes

   

Dismissal by the County Attorney   Trial in Maricopa County
Superior Court
  Criminal complaint
This is very rare
       
    Case settled   Pre-trial settlement conference   Arraignment
         
        Civil trial in
Superior Court
  Criminal trial
           
            Conviction/Acquittal

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Questions?

Contact Mike Thal by email or at 480-947-1911

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