Arizona Revised Statutes § 49-471 Definitions

49-471. Definitions

In this article, unless the context otherwise requires:

1. " Advisory council" means any county air pollution control advisory council established pursuant to this article.

2. " Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials or noxious chemicals, or any other material in the outdoor atmosphere.

3. " Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the board of supervisors.

4. " Appealable agency action" :

(a) Means an action that determines the legal rights, duties or privileges of a party.

(b) Does not include any rule, ordinance, order, standard or statement of policy of general application issued by a control officer or board of supervisors to implement, interpret or make specific the legislation enforced or administered by the control officer or board of supervisors.

(c) Does not mean or include any rule that relates to the internal management of a county and that does not affect private rights or interests.

(d) Does not include a decision or action that must be appealed to the hearing board pursuant to section 49-476.01, 49-480.02, 49-482, 49-490 or 49-511 or to a final administrative decision obtained by an administrative appeal under section 49-471.15.

5. " Board of supervisors" means any county board of supervisors.

6. " Control officer" means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473.

7. " Final rule" or " final ordinance" means any rule or ordinance approved by the board of supervisors.

8. " Hearing board" means any county air pollution hearing board established pursuant to this article.

9. " Permit" includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law.

10. " Permitting" includes the county process for granting, denying, renewing, revoking, suspending, annulling, withdrawing or amending a permit.

11. " Person" includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person.

12. " Provision of law" means all or any part of the federal or state constitution or of any federal or state statute, court rule, executive order or rule or ordinance adopted by a board of supervisors.

13. " Register" means the Arizona administrative register.

14. " Rule" or " ordinance" :

(a) Means a county statement of general applicability that is adopted by a board of supervisors and that implements, interprets or prescribes law or policy or that describes the procedure of a county.

(b) Includes prescribing fees or the amendment or repeal of a prior rule or ordinance.

(c) Does not include intra-agency memoranda.

15. " Rule or ordinance making" means the process for formulation and adoption of a rule or ordinance.

16. " Special inspection warrant" means an order in writing issued in the name of the state of Arizona, signed by a magistrate, directed to the control officer or the control officer's deputies and authorizing the control officer or the control officer's deputies to enter into or upon public or private property for the purpose of making an inspection authorized by law.

17. " Substantive policy statement" :

(a) Means a written expression that informs the general public of a current approach to, or opinion of, the requirements of the federal or state constitution, a federal or state statute, a federal, state or county administrative rule, ordinance or regulation or a final judgment of a court of competent jurisdiction, including, if appropriate, the control officer's current practice, procedure or method of action based on that approach or opinion.

(b) Is advisory only.

(c) Does not include internal procedural documents that only affect internal procedures of the county and that do not impose additional requirements or penalties on regulated parties, confidential information or rules or ordinances adopted pursuant to this chapter.

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Last modified: October 13, 2016