Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 5 - NONEXCLUSIVE LISTS OF SERIOUS, NONSERIOUS, AND DE MINIMIS VIOLATIONS › Section R3-3-506 - Penalty and Fine Point System

Current through Register Vol. 30, No. 28, July 12, 2024
A. The ALJ shall
				assess points, as applicable, against a violator for the violation of each
				pesticide rule or statute, or the Associate Director shall assess points, as
				applicable, for the violation of each pesticide rule or statute upon entering
				into a negotiated settlement as a result of an informal settlement conference
				under A.R.S. §
									41-1092.06, in accordance with the
				following point system. From each of subsections (A)(1) through (6), one choice
				shall be selected, unless otherwise appropriate, based upon supporting evidence
				in the record of the proceeding before the ALJ or Associate Director. Points
				shall be totaled for the violation of each pesticide rule or statute.
1. Health effects.
a.
No evidence of human exposure to pesticides and no
							 evidence of the substantial probability of human exposure to
							 pesticides.
0
b.
Substantial probability of human exposure to
							 pesticides but treatment not required by a physician, nurse, paramedic, or
							 physician's assistant.
5-10
c.
Evidence of human exposure to pesticides but
							 treatment not required by a physician, nurse, paramedic, or physician's
							 assistant.
11-20
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.
21-30
e.
Human exposure to pesticides that required either
							 hospitalization for less than 12 hours or treatment as an outpatient for five
							 consecutive days or less by a physician, nurse, paramedic, or physician's
							 assistant for pesticide poisoning.
31-45
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 pesticide poisoning.
46-100
g.
Human exposure to pesticides resulting in death from
							 pesticide poisoning (serious violation unless otherwise documented in the
							 investigative record).
101-180
2.
				Environmental consequences and property damage. (Select one or more as evidence
				indicates.)
a.
No evidence of substantial probability of
							 environmental or property damage.
0
b.
Substantial probability of water
							 contamination.
5-10
c.
Evidence of water source
							 contamination.
11-20
d.
Substantial probability of soil contamination causing
							 economic damage.
5-10
e.
Evidence of soil contamination causing economic
							 damage.
11-20
f.
Substantial probability of nontarget bird
							 kills.
5-10
g.
Evidence of nontarget bird kills.
11-20
h.
Substantial probability of nontarget fish
							 kills.
5-10
i.
Evidence of nontarget fish kills.
11-20
j.
Nontarget kills involving game or furbearing animals
							 as defined by A.R.S. §
															17-101(B).
10-20
k.
Any property damage (nonserious violation only under
							 A.R.S. §
															3-361(4)).
10-20
l.
Air contamination causing official evacuation by
							 federal, state, or local authorities.
10-20
m.
Killing one or more threatened or endangered
							 species.
15-20
n.
Killing one or more domestic
							 animals.
15-20
3.
				Culpability
a.
Knowing. Knew or reasonably should have known of the
							 safety, health or property damage risk.
5-10
b.
Willfully. Actual knowledge or belief that the
							 conduct would violate the law but engages in misconduct.
20-50
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.)
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 substantially similar to
							 current violation
20
10
Two Nonserious
30
15
Two Nonserious, same or substantially 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 current violation, points per each additional violation beyond
							 three
10
5
One Serious
20
10
One Serious, same or substantially similar to current
							 violation
40
20
Two Serious
60
30
Two Serious, same or substantially similar to current
							 violation
80
40
Three Serious
120
60
Three Serious, same or substantially similar to
							 current violation
140
70
Additional Serious: same or substantially similar to
							 current violation, points per violation
20
10
5.
				The length of time a violation has been allowed to continue by the violator
				after notification by the Department.
a.
Less than one day.
0
b.
One day but less than one week.
1-10
c.
One week but less than one month.
11-20
d.
One month but less than two months.
21-30
e.
Two months or more.
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.
4-5
b.
Conduct resulting in a violation that the evidence
							 establishes may have a substantial probability of an immediate effect upon
							 public health, safety, or property.
6-8
c.
Conduct resulting in a violation that the evidence
							 establishes had an immediate effect upon public health, safety, or property,
							 but does not fall within subsection (6)(e).
9-10
d.
Conduct causing the substantial probability of
							 serious physical injury, hospitalization, or sustained medical treatment for an
							 individual, or degrading 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.
20-35
e.
Conduct resulting in serious physical injury,
							 hospitalization, or sustained medical treatment for an individual, or degrading
							 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.
36-50