SB 1318 Summary

• Amends citizen suit provisions in Arizona water quality (A.R.S. 49-264) and air quality (A.R.S. 49-407) statutes to allow private parties to bring enforcement actions against violators.

• Reduces the notice period for citizen suits from 120 days to 60 days in water quality cases before a plaintiff can commence an action after notifying the director and alleged violator.

• Eliminates the requirement that the director must investigate and determine no violation occurred before a citizen suit can proceed; removes automatic bar to citizen suits when director is diligently processing violations.

• Allows the director to intervene as a matter of right in any citizen suit action brought under these sections.

• Permits courts to award litigation costs and attorney fees to the prevailing party in appropriate cases and to defendants in frivolous actions; clarifies that civil penalties collected must be deposited in designated environmental funds.