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Arizona Revised Statutes - Title 49 The Environment - Chapter 4 Solid Waste Management

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  • 49-701 - Definitions
    In this chapter, unless the context otherwise requires: 1. "Administratively complete plan" means an application for a solid waste facility plan approval that the department...
  • 49-701.01 - Definition of solid waste; exemptions
    A. "Solid waste" means any garbage, trash, rubbish, waste tire, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility...
  • 49-701.02 - Exemptions from definition of solid waste; soils; seller's duty to disclose
    A. The following are exempt from the definition of solid waste: 1. On-site excavated soils that meet, at the on-site location where the soils are...
  • 49-702 - Authorization to accept funds or grants
    The department, counties and incorporated cities and towns may accept and expend any funds granted to them or otherwise made available by the federal government,...
  • 49-703 - Joint operation
    A. The department may cooperate with, coordinate or enter into agreements and memoranda of understanding with appropriate federal, state, political subdivision and tribal governments, and...
  • 49-704 - Applicability of chapter to local regulations and services
    This chapter does not prevent any county, city or town from adopting and enforcing any ordinance, resolution or other policy relating to solid waste regulation...
  • 49-705 - Integration of solid waste programs
    The director shall consider and integrate federal and state laws and rules and all of the programs authorized in this chapter and those other programs...
  • 49-706 - Waste programs general permits; rules
    A. The department may establish a general permit for any permit or license issued pursuant to this chapter. The general permit consists of the following:...
  • 49-721 - Statewide solid waste management plan
    The department shall prepare and keep current a statewide solid waste management plan which establishes standards for solid waste facilities in cooperation with facility owners...
  • 49-722 - Planning and technical assistance
    A. The department may provide technical and planning assistance as appropriate to solid waste facility owners or operators and management agencies, including the training of...
  • 49-723 - Research and development
    A. The department may initiate, conduct and support research, development and demonstration projects and programs directed toward improving solid waste management, resource conservation and resource...
  • 49-724 - Distribution of appropriated funds to local governments
    The department shall develop criteria in consultation with local governments for the distribution of funds appropriated to county, city or town management agencies or their...
  • 49-741 - Local public facilities for solid waste management
    Each county, city or town shall: 1. Provide or otherwise ensure proper arrangements are made for public facilities at such intervals and as conveniently as...
  • 49-742 - User fees
    User fees may be established or waived by a county, city or town to cover all or part of the cost of development, construction, operation,...
  • 49-743 - Commercial permits
    Each county, city or town may require that persons using public facilities provided by it obtain permits if determined necessary for the purpose of regulating,...
  • 49-744 - Salvaging
    A management agency may permit salvaging, but such salvaging shall be supervised and strictly controlled. Each county, city or town may regulate salvaging of solid...
  • 49-745 - Ownership of solid waste
    Solid waste offered or set out for collection, transportation, storage, disposal or recovery becomes, on acceptance by a management agency or solid waste facility, the...
  • 49-746 - Private enterprise recycling and solid waste management
    A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from delivering commercial or industrial recycling services or commercial or...
  • 49-747 - Annual registration of solid waste landfills; fee; disposition of revenue
    A. All solid waste landfills shall be registered annually with the department. B. The director shall establish a procedure for mailing registration forms each year...
  • 49-761 - Rule making authority for solid waste facilities; financial assurance; recycling facilities
    A. The department shall adopt rules regarding the storage, processing, treatment and disposal of solid waste as prescribed by subsections B through M of this...
  • 49-762 - Facilities requiring solid waste facility plans
    The owner or operator of the following solid waste facilities shall obtain approval of a solid waste facility plan in accordance with sections 49-762.03 and...
  • 49-762.01 - Facilities requiring self-certification
    The owner or operator of all solid waste facilities that are not listed in either section 49-762 or 49-762.02 shall comply with self-certification procedures prescribed...
  • 49-762.02 - Facilities subject to best management practices; rules
    The following solid waste facilities are subject to best management practices adopted in accordance with section 49-761, subsection H: 1. Transfer facilities that have a...
  • 49-762.03 - Solid waste facility plan approval
    A. Except as provided in subsections C and E of this section, the owner or operator of a solid waste facility identified in section 49-762...
  • 49-762.04 - Solid waste facility plan review procedures
    A. The department shall review and approve or disapprove a solid waste facility plan as follows: 1. Within thirty days after receipt of a solid...
  • 49-762.05 - Self-certification procedures; rules
    A. The owner or operator of a solid waste facility identified in section 49-762.01 shall comply with the self-certification requirements prescribed by this section and...
  • 49-762.06 - Changes to solid waste facilities and amended plans
    A. The department shall adopt rules that establish the criteria to be used in determining the category type of a proposed change to a solid...
  • 49-762.07 - Notices; exemptions; extensions; enforcement; operating standards
    A. Except as provided in subsection B of this section, owners or operators of solid waste facilities in operation on September 1, 1996 shall submit...
  • 49-762.08 - Corrective actions; application
    A. Beginning July 1, 1998, the director, in the absence of applicable corrective action rules adopted pursuant to section 49-761 for solid waste facilities other...
  • 49-763 - Inspections
    A. The department may conduct such inspections of solid waste facilities and sites that store, treat or process recyclable solid waste as are necessary. The...
  • 49-763.01 - Variances
    Within ninety days after receipt of a written request for a variance from a solid waste facility owner, operator or management agency, the department may...
  • 49-764 - Orders; monitoring; pollution control devices
    A. Except as otherwise provided in section 49-422 and chapter 3, article 3 of this title, the director may require by order the installation of...
  • 49-765 - Local regulation of solid waste collection
    Each county, city or town may establish regulations for private collection of solid waste within its area of jurisdiction, including standards for equipment, hours of...
  • 49-766 - Agricultural landfills; notice
    A. A single family residence located on a farm or ranch of more than forty acres in an unincorporated area may operate on site a...
  • 49-767 - Government owned solid waste facilities; permission; notice of site to property owners; hearing; exemption
    A. Any agency or political subdivision of this state which is required to select or is selecting a possible permanent site for a solid waste...
  • 49-768 - Civil penalties
    A person who violates a provision of a rule, material permit condition or requirement for approval relating to medical waste is subject to a civil...
  • 49-769 - Agency orders; appeal
    Except as provided in section 41-1092.08, subsection H, any final agency order issued pursuant to this article is subject to judicial review pursuant to title...
  • 49-770 - Financial assurance requirements for solid waste facilities
    A. Beginning one hundred eighty days after the effective date of the design and operation rules adopted by the director for that type of solid...
  • 49-771 - Restrictive covenants for solid waste landfills
    A. The director may grant plan approval for operation of a solid waste landfill only if a restrictive covenant has been placed on the disposal...
  • 49-772 - Location restrictions for solid waste landfills; definitions
    A. A solid waste facility that is required to obtain approval pursuant to section 49-762 shall not be issued a permit pursuant to section 49-241,...
  • 49-773 - Disposal of waste; definition
    A. No person other than a natural person shall dispose of solid waste at a solid waste landfill within the boundaries of this state unless...
  • 49-774 - Landfill washout; abatement costs; definitions
    A. If a washout of solid waste from a solid waste landfill occurs, the director shall issue a cease and desist order pursuant to section...
  • 49-781 - Compliance orders; appeal; enforcement
    A. If the director determines that a person is in violation of any provision of article 3 or 4 of this chapter, a rule adopted...
  • 49-782 - Actions on approval to operate
    A. The director may suspend, amend, withdraw, condition or revoke an approval to operate a solid waste facility if the director determines that the facility...
  • 49-783 - Injunctive relief; civil penalties; costs
    A. If the director has reason to believe that a person is in violation of any provision of articles 3 or 4 of this chapter,...
  • 49-784 - Venue
    An action filed pursuant to sections 49-781, 49-782 or 49-783 shall be brought in the superior court for the county in which the alleged violation...
  • 49-785 - Agency orders; appeal
    A. An order issued by the director pursuant to this chapter shall become final unless it is appealed within thirty days of issuance pursuant to...
  • 49-791 - Violation; classification; penalties
    A. A person shall not: 1. Practice open burning at a solid waste facility without a variance approval issued by the director. 2. Scavenge at...
  • 49-801 - Definitions
    In addition to the definitions in 40 Code of Federal Regulations, part 279, the following definitions apply to this article: 1. "Off-specification used oil" means...
  • 49-802 - Federal used oil program; incorporation by reference; rule making
    A. The department shall administer 42 United States Code section 6935, as amended on January 1, 1997, as the used oil program for this state....
  • 49-803 - Prohibited practices
    A. Used oil shall not be used or disposed of by any of the following methods: 1. Discharge into sewers or waters of the state...
  • 49-810 - Violation; classification
    A. A person who knowingly violates a provision of the used oil program prescribed by section 49-802 is guilty of a class 2 misdemeanor. B....
  • 49-811 - Violation; civil penalty
    A. Except as otherwise provided, a person who violates any provision of this article or a rule or order adopted or issued pursuant to this...
  • 49-812 - Compliance orders; injunctive relief
    A. If the director has reasonable cause to believe that a person is violating a provision of this article or a rule adopted pursuant to...
  • 49-813 - Program of education
    A. The director shall conduct a program to educate transporters, marketers and burners on their responsibilities under this article. The program of education shall include...
  • 49-817 - Enforcement powers of the director and inspectors
    When necessary for the enforcement of this article and rules adopted pursuant to this article, the director or the director's authorized agent may enter any...
  • 49-818 - Used oil fund
    A. A used oil fund is established. The director shall administer the fund. The fund consists of monies appropriated by the legislature. On notice from...
  • 49-831 - Definitions
    In this article, unless the context otherwise requires: 1. "Agency" means this state or a state agency, county, municipality or political subdivision. 2. "Collection" means...
  • 49-832 - Administration and enforcement by department of environmental quality; powers and duties
    A. The department of environmental quality shall administer and oversee the enforcement of this article. B. In addition to its other powers and duties, the...
  • 49-833 - Public education
    A. By May 1, 1992, the department, in consultation with the state board of education, shall implement and conduct a program of public education and...
  • 49-834 - Use of recycled newsprint
    A. Every consumer of newsprint in this state shall ensure that the newsprint purchased by that consumer in a fiscal year contains an average of...
  • 49-835 - Recycling of plastics; labels
    A. The department shall develop and administer a program to encourage the recycling and proper disposal of plastics. B. By July 1, 1991, a person...
  • 49-836 - Solid waste landfill disposal fees
    A. Each operator of a solid waste landfill or facility shall make the fee payments required by this section as determined by the department. Monies...
  • 49-837 - Recycling fund; use; advisory committee
    A. A recycling fund is established to be administered by the director. The fund consists of monies appropriated by the legislature, gifts, grants, donations and...
  • 49-851 - Definitions; applicability
    A. In this article, unless the context otherwise requires: 1. "Best management practices" means a method or combination of methods that is used in the...
  • 49-852 - Statutory list of special wastes; best management practices rules; applicability of hazardous waste designation
    A. The following are designated as special wastes for purposes of this article: 1. Waste that contains petroleum contaminated soils. 2. Waste from shredding motor...
  • 49-854 - Designation of special wastes; criteria; notice; rules
    A. The director shall give public notice pursuant to title 41, chapter 6 of the decision to formally study a waste for possible designation as...
  • 49-855 - Best management practices; fee; criteria
    A. The director shall adopt, by rule, best management practices for the treatment, storage and disposal of each waste to be designated as a special...
  • 49-856 - Special waste handling requirements; manifest; exemption
    A. The director shall adopt rules by September 1, 1993 that include an Arizona special waste manifest form designed to implement the provisions of this...
  • 49-857 - Special waste management plans; director; approval; fee
    A. Except as provided in section 49-858, a facility that plans to manage special waste for treatment, storage or disposal shall apply for and obtain...
  • 49-857.01 - Plan; approval; deadline; judicial review
    A. Within ninety days of receipt of the complete plan and other information prescribed by section 49-857, subsection B, the director shall approve in writing...
  • 49-858 - Interim use facilities; special waste
    A. A facility that is in operation on the effective date of best management practices rules that are applicable to that facility and that are...
  • 49-859 - Application to water quality permits
    A. Neither the classification of a particular type of waste as a special waste nor the adoption or revision of the best management practices criteria...
  • 49-860 - Annual reporting requirements; inspections
    A. A shipper required to comply with the special waste manifesting procedures of this article shall report the following information to the department on or...
  • 49-861 - Violation; classification; civil penalty
    A. Beginning January 1, 1993 a person who knowingly violates this article is guilty of a class 6 felony. B. A person who violates any...
  • 49-862 - Compliance orders; injunctive relief
    A. If the director has reasonable cause to believe that a person is violating this article or a rule adopted pursuant to this article, the...
  • 49-863 - Special waste management fee; exemption
    A. The director shall collect the fee established by section 49-855, subsection C from the special waste treatment, storage or disposal facility that first receives...
  • 49-865 - Inspections
    The department may conduct such inspections of facilities that manage special waste, including premises and equipment, as are necessary. The department shall give the management...
  • 49-866 - Orders; monitoring; pollution control devices
    A. Except as otherwise provided in sections 49-422 and chapter 3, article 3 of this title, the director may require by order the installation of...
  • 49-867 - Importation of special waste
    A facility owned by this state, a political subdivision of this state or a municipality shall not accept for treatment, storage or disposal special waste...
  • 49-868 - Agency orders; appeal
    Any final agency order issued pursuant to this article is appealable pursuant to title 41, chapter 6, article 10.
  • 49-881 - Solid waste fee fund; uses; exemption
    A. The solid waste fee fund is established. The director shall administer the fund. The fund consists of legislative appropriations, donations, gifts, grants, registration fees...
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    Last modified: August 21, 2013