SB 1691 Summary

• Amends citizen suit provisions in Arizona's water quality (§49-264) and air quality (§49-407) statutes to expand private rights of action against violators.

• Reduces notice period requirement from 120 days to 60 days for water quality violations before a citizen suit may commence.

• Removes restrictions that previously prevented citizen suits when the director determined no violation occurred or was pursuing enforcement under other state/federal environmental laws.

• Adds requirement that courts award attorney and expert witness fees if determined appropriate, and additionally to defendants in frivolous actions; restricts fees previously available only to parties that "substantially prevail."

• Requires both statutes to be construed consistently with federal Clean Water Act (33 U.S.C. § 1365) and Clean Air Act (42 U.S.C. § 7604) provisions governing citizen suits.