State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title49 > 49-184

49-184. Reservation of rights

A. Nothing in this article may be construed to abridge or alter any right a person may have to engage in remedial action pursuant to other provisions of this title or any other provisions of statutory or common law.

B. Nothing in this article may be construed to abridge or alter the department's authority to recover penalties or to take any action authorized by law for any violation of this title, except that the department shall not take an action to compel remedial action or corrective action that is the subject of an application approved pursuant to this article unless the approval is withdrawn or terminated pursuant to section 49-178.

C. Unless a remedy is selected in accordance with the rules adopted pursuant to section 49-282.06, the affirmative defense under section 49-262, subsection F applies only to the site or portion of the site where remediation is or will be conducted pursuant to a work plan approved pursuant to this article.