R3-3-505. Unlisted Violations

A. The Department shall classify a violation of Articles 2 through 4 of this Chapter or of A.R.S. Title 3, Chapter 2, Article 6 that is not listed in R3-3-501, R3-3-502, or R3-3-503 as a serious, nonserious, or de minimis violation depending upon the specific factual circumstances surrounding the violation. B. A third de minimis violation of the same or similar type in a three-year period is a nonserious violation. C. According to A.R.S. § 3-370, in addition to the civil penalties prescribed by the section, a person who knowingly or willfully commits a violation of this Article may be charged as follows: 1. For any nonserious violation of this Article that results in the harm to the environment or economy that results in the loss of $10,000 or less may be found guilty of a class 1 misdemeanor; or 2. For any serious violation of this Article that results in the harm to human or animal health, the environment, or the economy of $10,000 or more may be found guilty of a class 6 felony. D. In addition, the Director may deny, suspend or revoke am applicator certification for one or more of the following violations: 1. Misuse of a pesticide; 2. Falsifying records as required under Article 4 of this Chapter; 3. A criminal conviction under section 14(b) of FIFRA; 4. A final order imposing a civil penalty under section 14(a) of FIFRA; or 5. A violation of State laws or regulation relevant to the State certification plan.