Arizona Revised Statutes Title 49 - The Environment
Chapter 1 GENERAL PROVISIONS
Article 1 Department of Environmental Quality
- § 49-101 Definitions
In this title, unless the context otherwise requires: 1. " Approximately equal" means, for purposes of fees adopted pursuant to section 49-480, excluding per...
- § 49-102 Department Of Environmental Quality; Director; Deputy Director; Division Directors; Divisions
A. The department of environmental quality is established. B. The governor shall appoint a director of environmental quality pursuant to section 38-211. The director...
- § 49-103 Department Employees; Legal Counsel
A. The director, subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, shall employ, determine the conditions of...
- § 49-104 Powers And Duties Of The Department And Director
A. The department shall: 1. Formulate policies, plans and programs to implement this title to protect the environment. 2. Stimulate and encourage all local,...
- § 49-106 Statewide Application Of Rules
The rules adopted by the department apply and shall be observed throughout this state, or as provided by their terms, and the appropriate local...
- § 49-107 Local Delegation Of State Authority
A. The director may delegate to a local environmental agency, county health department, public health services district or municipality any functions, powers or duties...
- § 49-108 Hazardous Materials Emergency Response Operations
The director of environmental quality shall establish a hazardous materials emergency response and recovery organizational unit in the department to function as the scientific...
- § 49-109 Certificate Of Disclosure Of Violations; Remedies
A. The following persons shall file a certificate of disclosure with the department as prescribed by this section: 1. A person who is engaged...
- § 49-110 Compliance Order; Hearing; Judicial Review; Enforcement
A. If the director has reasonable cause to believe that a person is in violation of section 49-109, article 2 of this chapter or...
- § 49-111 Permit Application; Plan Approval; Notice To Counties, Cities Or Towns
For any application for a permit or plan approval, substantial change to a plan or significant revision or modification to a permit requested pursuant...
- § 49-112 County Regulation; Standards
A. When authorized by law, a county may adopt a rule, ordinance or other regulation that is more stringent than or in addition to...
- § 49-113 Fees; Unpaid Amounts; Penalties; Audits
A. For self-reported fees in this title, the director shall require the payer to sign a certification that the amount reported is accurate. B....
- § 49-114 Appeals Of Agency Decisions
Notwithstanding any other administrative proceeding established in this title or by rule, all appealable agency actions as defined in section 41-1092 and contested cases...
- § 49-115 Indirect Cost Fund; Use; Exemption
A. A department of environmental quality indirect cost fund is established. Federal monies and other monies obtained for the purposes of reimbursing the department...
- § 49-116 Informal Appeals Of Agency Decisions; Technical Appeals Program Fund; Definitions
A. Except as provided in chapter 6 of this title and sections 49-287.05, 49-287.06 and 49-287.07, the informal appeals process established by this section...
- § 49-117 Supplemental Environmental Project; Requirements; Nexus
A supplemental environmental project that is initiated or accepted by the department shall comply with this section, shall advance at least one of the...
- § 49-118 Notice Of Violation; Hazardous Condition; Federal Agency
A. The department may issue a notice of violation to a federal agency as a potentially responsible party for the discharge of pollutants if...
Article 2 Community Right-to-Know Act and Hazardous Materials Emergency Response
- § 49-121 Definitions
In this article, unless the context otherwise requires: 1. " Commission" means the Arizona emergency response commission. 2. " Committee" means a local emergency...
- § 49-122 Relationship To Other Law; Declaration Of Application
This article does not: 1. Preempt any local charter, ordinance or code. 2. Require any state agency or local government to adopt or enforce...
- § 49-123 Hazardous Materials Emergency Management Program; Arizona Emergency Response Commission; Emergency Planning And Community Right‑to‑know
A. The department is designated the lead agency for developing and implementing a state hazardous materials emergency management program. B. The director shall appoint...
- § 49-124 Emergency Planning Districts; Local Emergency Planning Committees
A. The commission shall designate emergency planning districts to facilitate preparing and implementing district emergency plans. If appropriate, the commission may designate cities, towns,...
- § 49-125 Comprehensive Emergency Response Plans
A. The local emergency planning committees shall comply with section 303 of title III. B. Based on information from the commission and state and...
- § 49-126 Extremely Hazardous Substances
Unless otherwise provided in this article, a substance is subject to the requirements of this article if it is an extremely hazardous substance as...
- § 49-127 Facilities Subject To Emergency Planning; Facility Emergency Response Plans
A. A facility is subject to emergency planning requirements if a substance identified under section 49-126 is present at the facility in an amount...
- § 49-128 Emergency Notification Of Reportable Releases
A. If a reportable release of an extremely hazardous substance listed under section 49-126 occurs from a facility at which a hazardous chemical is...
- § 49-129 Material Safety Data Sheets
A. A person who owns or operates a facility that is required to prepare or have available a material safety data sheet for a...
- § 49-130 Emergency And Hazardous Chemical Inventory Forms
A. A person who owns or operates a facility that is required to prepare or have available a material safety data sheet for a...
- § 49-131 Toxic Chemical Release Forms; Definitions
A. In order to implement section 313 of title III, the owner or operator of a facility subject to the requirements of this section...
- § 49-132 Emergency Response Fund
The emergency response fund is established consisting of monies appropriated by the legislature for purposes of this article and federal, private and other monies...
- § 49-133 Emergency Response; Immunity
A licensed, certified or authorized emergency responder and its employees at the scene of an emergency, when the emergency response is provided in good...
Article 3 Environmental Nuisances
Article 4 Remediation Standards
Article 5 Voluntary Remediation Program
- § 49-171 Definitions
A. In this article, unless the context otherwise requires: 1. " Characterization" means a process to determine the nature, degree and extent of contaminants...
- § 49-172 Applicability
A. Except as provided in subsection B of this section, any person may request the department to review and approve work to be performed...
- § 49-173 Application Requirements
A. Each application to participate in a voluntary remediation program shall contain the following information: 1. The name and address of the person filing...
- § 49-174 Application Review And Approval
A. After receipt of an application submitted pursuant to section 49-173, the department shall promptly review the application and approve, deny or request modifications...
- § 49-175 Work Plans
A. A work plan to address a release of a contaminant to the environment shall include the following: 1. A summary of existing information...
- § 49-176 Community Involvement Requirements
A. A work plan submitted pursuant to section 49-175 shall include a plan to provide to the public reasonable notice and information regarding the...
- § 49-177 Work Plan Review And Approval
A. After receipt of a work plan submitted pursuant to section 49-175, the department shall expeditiously review, approve, deny or request modifications to the...
- § 49-178 Termination And Withdrawal
A. An applicant may withdraw from the voluntary remediation program at any time. B. After complying with subsection C of this section, the department...
- § 49-179 Application Fees; Reimbursement Of Costs Of Review
A. Each application submitted under section 49-173 shall be accompanied by a nonrefundable fee to be established by rule. B. An applicant shall reimburse...
- § 49-180 Modification Of Work Plan
A. An applicant may propose a modification to a work plan at any time by submitting an amended work plan or portions of the...
- § 49-181 Requests For No Further Action Determination
A. Upon achieving the remediation levels and controls determined pursuant to section 49-175, subsection B, an applicant approved pursuant to section 49-174 may request...
- § 49-182 Approval Of Remediations For Cost Recovery
Any work necessary to conduct remediation pursuant to this article may qualify as a remedial action for purposes of section 49-285. Any person may...
- § 49-183 Insurance
Insurance coverage shall not be denied an insured solely on the basis of the insured's participation in the voluntary remediation program pursuant to this...
- § 49-184 Reservation Of Rights
A. Nothing in this article may be construed to abridge or alter any right a person may have to engage in remedial action pursuant...
- § 49-185 Appeals And Dispute Resolution
A. Under this article, only the denial or rescission of a no further action determination is an appealable agency action as defined in section...
- § 49-186 Rules; Program Termination; No Licensing
A. The department shall adopt rules as necessary to implement section 49-179. The adoption of rules under this section is not a prerequisite for...
- § 49-187 Voluntary Remediation Fund
A. The voluntary remediation fund is established. The director shall administer the fund. The fund consists of monies from the following sources: 1. Fees...
- § 49-188 Department Access To Private Property
A representative of the department who enters private property pursuant to this article or pursuant to an agreement entered into pursuant to this article...
Article 6 Regulation of Greenhouse Gas Emissions
Article 7 Voluntary Environmental Stewardship Program
Chapter 2 WATER QUALITY CONTROL
Article 1 General Provisions
- § 49-201 Definitions
In this chapter, unless the context otherwise requires: 1. " Administrator" means the administrator of the United States environmental protection agency. 2. " Aquifer"...
- § 49-202 Designation Of State Agency
A. The department is designated as the agency for this state for all purposes of the clean water act, including section 505, the resource...
- § 49-202.01 Surface Water Quality General Grazing Permit; Best Management Practices For Grazing Activities; Definition
A. As part of the duties established pursuant to section 49-203, subsection A, paragraph 3, the director shall implement a surface water quality general...
- § 49-203 Powers And Duties Of The Director And Department
A. The director shall: 1. Adopt, by rule, water quality standards in the form and subject to the considerations prescribed by article 2 of...
- § 49-204 Gray Water Reuse
A city, town or county may not further limit the use of gray water by rule or ordinance if the gray water use is...
- § 49-205 Availability Of Information To The Public
A. Any records, reports or information obtained from any person under this chapter, including records, reports or information obtained or prepared by the director...
- § 49-206 Preservation Of Rights
This chapter shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law, criminal or...
- § 49-207 Discrimination Prohibited
A. No person may intimidate, threaten, restrain, coerce, blacklist, terminate or in any manner discriminate against any person because that person has filed a...
- § 49-208 Public Participation
A. The director, by rule, shall prescribe procedures to assure adequate public participation in proceedings of the department under this chapter. The public participation...
- § 49-209 Industrial Discharges To Community Sewer Systems; Registration; Fee
A. Each person that is required to obtain a permit for discharges into a community sewer system under federal categorical industrial pretreatment regulations and...
- § 49-210 Water Quality Fee Fund; Appropriation; Exemption; Monies Held In Trust
A. The water quality fee fund is established consisting of monies appropriated by the legislature and fees received pursuant to sections 49-104, 49-203, 49-241,...
Article 1.1 Brownfields Cleanup Revolving Loan Fund Program
Article 2 Water Quality Standards
- § 49-221 Water Quality Standards In General
A. The director shall adopt, by rule, water quality standards for all navigable waters and for all waters in all aquifers to preserve and...
- § 49-222 Water Quality Standards For Navigable Waters
A. Standards for the quality of navigable waters shall assure water quality, if attainable, which provides for protecting the public health and welfare, and...
- § 49-223 Aquifer Water Quality Standards
A. Primary drinking water maximum contaminant levels established by the administrator before August 13, 1986 are adopted as drinking water aquifer water quality standards....
- § 49-224 Aquifer Identification, Classification And Reclassification
A. Not later than June 30, 1987 the director shall, by rule, identify and define the boundaries of all aquifers in this state utilizing,...
- § 49-225 Water Quality Monitoring
A. The director of environmental quality shall, with the advice and cooperation of the Arizona department of agriculture and the director of water resources,...
Article 2.1 Total Maximum Daily Loads
Article 3 Aquifer Protection Permits
- § 49-241 Permit Required To Discharge
A. Unless otherwise provided by this article, any person who discharges or who owns or operates a facility that discharges shall obtain an aquifer...
- § 49-241.01 Groundwater Protection Permit Facilities; Schedule; Definition
A. The director shall complete the issuance or denial of aquifer protection permits or clean closure approval for all groundwater protection permit facilities on...
- § 49-241.02 Payment For Aquifer Protection Permit Fees; Definitions
A. Only for a one-time rule making after July 29, 2010, the director shall establish by rule fees for aquifer protection permits, including maximum...
- § 49-242 Procedural Requirements For Individual Permits; Annual Registration Of Permittees; Fee
A. The director shall prescribe by rule requirements for issuing, denying, suspending or modifying individual permits, including requirements for submitting notices, permit applications and...
- § 49-243 Information And Criteria For Issuing Individual Permit; Definition
A. The director shall consider, and the applicant for an individual permit may be required to furnish with the application, the following information: 1....
- § 49-243.01 Presumptive Best Available Demonstrated Control Technology
A. The director may establish, by rule, presumptive best available demonstrated control technology, processes, operating methods or other alternatives, consistent with section 49-243, subsection...
- § 49-244 Point Of Compliance
The director shall designate a point or points of compliance for each facility receiving a permit under this article. For the purposes of this...
- § 49-245 Criteria For Issuing General Permit
A. The director may issue by rule a general permit for a defined class of facilities if all of the following apply: 1. The...
- § 49-245.01 Storm Water General Permit
A. A general permit is issued for facilities used solely for the management of storm water and that are regulated by the clean water...
- § 49-245.02 General Permit For Certain Discharges Associated With Man-Made Bodies Of Water
A. A general permit is issued for the following discharges: 1. Disposal in vadose zone injection wells of storm water mixed with reclaimed wastewater...
- § 49-246 Criteria For Developing Best Management Practices
A. Pursuant to section 49-245, the director may issue a general permit for facilities requiring implementation of best management practices appropriate to the class...
- § 49-247 Agricultural General Permits; Best Management Practices For Regulated Agricultural Activities
A. The director shall adopt by rule pursuant to the requirements of this section, agricultural general permits consisting of best management practices for regulated...
- § 49-248 Agricultural Best Management Practices Advisory Committee
A. The agricultural best management practices advisory committee is established to develop and recommend best management practices for grazing activities as defined in section...
- § 49-249 Aquifer Pollution Information
The director shall make available to the public upon request and on the agency's web site every five years the levels of pollutants in...
- § 49-250 Exemptions
A. The director may, by rule, exempt specifically described classes or categories of facilities from the aquifer protection permit requirements of this article on...
- § 49-251 Temporary Emergency Waiver
A. A facility owner or operator may apply for, and the director may issue, a temporary emergency waiver of compliance with the requirement to...
- § 49-252 Closure Notification And Approval
A. A person who owns or operates a dry well subject to this article or a groundwater protection permit facility as defined in section...
Article 3.1 Arizona Pollutant Discharge Elimination System Program
Article 4 Enforcement
- § 49-261 Compliance Orders; Appeal; Enforcement
A. If the director determines that a person is in violation of a rule adopted or a condition of a permit issued pursuant to...
- § 49-262 Injunctive Relief; Civil Penalties; Recovery Of Litigation Costs
A. Whether or not a person has requested a hearing, the director, through the attorney general, may request a temporary restraining order, a preliminary...
- § 49-263 Criminal Violations; Classification; Civil Penalties; Definition
A. It is unlawful to: 1. Discharge without a permit or appropriate authority under this chapter. 2. Fail to monitor, sample or report discharges...
- § 49-263.01 Arizona Pollutant Discharge Elimination System Program; Violation; Classification
A. It is unlawful for any person who is subject to section 49-255.01 or 49-255.02 to knowingly or recklessly: 1. Discharge without a permit...
- § 49-263.02 Sewage Sludge Program; Violation; Classification
A. It is unlawful for any person, knowingly or with criminal negligence to do any of the following with respect to generation, treatment, transportation,...
- § 49-264 Private Right Of Action; Citizen Suits
A. Except as provided in subsection B, a person having an interest which is or may be adversely affected by a violation of this...
- § 49-265 Venue
All actions commenced under sections 49-261 and 49-262 shall be brought in the superior court in the county in which the alleged violation occurred...
Article 5 Remedial Actions
- § 49-281 Definitions
In this article, unless the context otherwise requires: 1. " Applicant" means any individual, employee, officer, managing body, trust, firm, joint stock company, consortium,...
- § 49-282 Water Quality Assurance Revolving Fund
A. A water quality assurance revolving fund is established to be administered by the director. The fund consists of monies from the following sources:...
- § 49-282.01 Maximum Annual Payments Of Fees And Taxes By Mines To Water Quality Assurance Revolving Fund; Definitions
A. Notwithstanding any other law, a person engaging in mining is not required to pay fees and taxes listed in section 49-282, subsection A,...
- § 49-282.02 Water Quality Assurance Revolving Fund; Emergency Response Use; Definitions
A. Notwithstanding any other statute, monies from the water quality assurance revolving fund may be used for all reasonable costs incurred in remedial actions...
- § 49-282.03 Interim Remedial Actions; Reimbursement Of The Fund; Rules
A. On the request of any person, the director may take interim remedial actions to address the loss or reduction of available water from...
- § 49-282.04 Cross-Contamination Inspection; Remedial Measures
A. The director of environmental quality, in consultation with the director of water resources, may inspect wells for vertical cross-contamination of groundwater by hazardous...
- § 49-282.05 Agreements For Work; Suspension Of Remedial Action
A. The department may enter into an agreement with any person to perform work at a site on the site registry if the work...
- § 49-282.06 Remedial Action Criteria; Rules
A. Remedial actions shall: 1. Assure the protection of public health and welfare and the environment. 2. To the extent practicable, provide for the...
- § 49-283 Responsible Party Liability Exemptions; Definitions
A. For purposes of imposing liability under this article, and except as provided in this section, a person is deemed the party responsible for...
- § 49-283.01 Remediated Water; Liability; Definitions
A. A provider or user of remediated water is not liable for damages caused or contributed to by the use or distribution of the...
- § 49-283.02 Petroleum Liability
A release of petroleum or a constituent of petroleum, as defined in section 49-1001, that is a hazardous substance, as defined in section 49-201,...
- § 49-284 Notice; Reportable Quantities; Penalties
A. Notwithstanding any other requirement of state or federal law, any person who is the owner or operator of a facility shall, as soon...
- § 49-285 Liability For Remedial Actions Costs; Limitation Of Actions
A. Except as otherwise provided in section 49-283, a person who is a responsible party shall be strictly and severally liable for such reasonable,...
- § 49-285.01 Prospective Purchaser Agreements; Assignment; Notice; Fees; Rules
A. The department may provide, pursuant to section 49-292, to a prospective purchaser of a facility a written release and a covenant not to...
- § 49-286 Mitigation Of Non-Hazardous Releases
A. If the director determines that a drinking water source is being or is about to be rendered unusable without treatment as a drinking...
- § 49-287 Enforcement; Use Of Fund; Inspections And Information Gathering; Civil Penalties
A. Except as provided in section 49-286, the provisions of this article are independent of and are not subject to the enforcement remedies of...
- § 49-287.01 Investigation Scoring And Site Registry; No Further Action
A. When information of a possible release or threatened release of a hazardous substance is received, the director may conduct a preliminary investigation to...
- § 49-287.02 Responsible Party Search
A. If the director determines that a remedial investigation at a site or portion of the site may be necessary and the director determines...
- § 49-287.03 Remedial Investigation And Feasibility Study
A. The department may conduct a remedial investigation and feasibility study of a scored site or portion of the site to assess conditions on...
- § 49-287.04 Proposed Remedial Action Plan; Preliminary List Of Responsible Parties; Opportunity To Comment; Record Of Decision; Appeal
A. After evaluating the site or portion of a site under section 49-287.03, the director shall prepare a proposed remedial action plan that describes...
- § 49-287.05 Notice Of Liability Allocation; Eligibility
A. After signing the record of decision, if the director determines that cost recovery may be appropriate, the director shall notify each person that...
- § 49-287.06 Allocation Hearing
A. Ninety days after the issuance of notice pursuant to section 49-287.05, subsection A, the director shall issue a notice to each person who...
- § 49-287.07 Actions For Allocation And Recovery Of Remedial Action Costs; Limitation Of Actions
A. The following actions shall be brought pursuant to this section: 1. An action by the director or any person with a claim for...
- § 49-288 Information Gathering And Access; Enforcement; Retaliatory Action; Civil Penalties
A. The director may take an action authorized under subsection B or C of this section to determine the need for, to select or...
- § 49-289 Fund Financed Remedial Action; Definition
A. The director shall assure that remedial actions taken pursuant to this article are pursued and completed as expeditiously as possible, consistent with the...
- § 49-289.01 Site Boundary Adjustment Petitions; Rules
A. A person who owns property within a site may petition the director to adjust the boundaries to exclude the person's property from the...
- § 49-289.02 Community Information; Public Notice And Comment
A. The director shall establish a preliminary community involvement area for each site on the registry established pursuant to section 49-287.01, subsection D, within...
- § 49-289.03 Community Involvement Plan; Community Advisory Boards; Rules
A. The public shall receive notice and be provided an opportunity to comment to the director regarding the following actions taken by the director:...
- § 49-289.04 Water Quality Assurance Revolving Fund Advisory Board; Definitions
A. The water quality assurance revolving fund advisory board is established to provide recommendations to improve the functioning of the program established pursuant to...
- § 49-289.05 Water Quality Assurance Revolving Fund Advisory Board; Evaluation; Report
The water quality assurance revolving fund advisory board established pursuant to section 49-289.04, shall periodically review and evaluate the completed settlements and the number...
- § 49-290 Exemption From Permit Requirements; Definition
A. Notwithstanding any other statute, a person who performs a remedial action or a portion of a remedial action that has been approved by...
- § 49-290.01 Applicability Of Requirements; Arizona Department Of Water Resources
A. Notwithstanding section 49-290, any person conducting a remedial action shall obtain and comply with applicable permits, approvals or other authorizations required by the...
- § 49-290.02 Applicability Of Arizona Department Of Water Resources Requirements; Metal Mining Facilities
A. A metal mining facility conducting mitigation activities pursuant to an order issued by the director of environmental quality pursuant to section 49-286 shall...
- § 49-292 Settlement; Authority And Effect
A. The director shall consider any offer of settlement by a person who is potentially liable for remedial action costs under this article and...
- § 49-292.01 Qualified Business Settlements; Definition
A. The director shall enter into a settlement under this article and section 107 of CERCLA with a person that qualifies pursuant to this...
- § 49-292.02 Financial Hardship Settlement
A. The director shall consider any offer by a person who may be potentially liable for remedial action costs under this article or section...
- § 49-294 Use Of Monies Obtained Through Consent Decrees Or Litigation
A. All monies obtained by the director as the result of a settlement entered into pursuant to this article or through filing an action...
- § 49-295 Environmental Liens
A. In addition to other rights or remedies available to this state, and in order to protect the state's interest in recovering monies expended...
- § 49-296 Settlement Agreements
A settlement agreement made pursuant to this article may provide that the director shall reimburse a party to the agreement from the fund for...
- § 49-298 Appealable Agency Actions; Licenses
A. Nothing in this article is an appealable agency action as defined in section 41-1092 or a contested case as defined in section 41-1001...
Article 6 Pesticide Contamination Prevention
Article 7 Water Quality Appeals
Article 8 Dry Wells
- § 49-331 Definitions
In this article, unless the context otherwise requires: 1. " Department" means the department of environmental quality. 2. " Director" means the director of...
- § 49-332 Registration
A. A person who owns an existing dry well that is or has been used for disposal shall register the well on a registration...
- § 49-333 Regulation Of Dry Wells; License To Drill
A. The director may adopt rules establishing standards for new and existing dry wells pertaining to their performance, operation, construction, design, closure, location and...
- § 49-334 Enforcement And Penalties; Appeals
A. If the director determines that a person is violating this article or any rule adopted pursuant to this article the director may issue...
- § 49-335 Rules
The director shall adopt rules necessary to provide procedures for the administration of this article and to implement the program for the regulation of...
- § 49-336 Exemption; Golf Courses
Provisions of this article shall not apply to dry wells used in conjunction with golf course maintenance.
Article 9 Potable Water Systems
Article 10 Sewage Treatment Plants
Article 11 Local Stormwater Quality Programs
Article 12 Local Water Pretreatment
Chapter 3 AIR QUALITY
Article 1 General Provisions
- § 49-401 Declaration Of Policy
A. The legislature finds and declares that air pollution exists with varying degrees of severity within the state, such air pollution is potentially and...
- § 49-401.01 Definitions
In this chapter, unless the context otherwise requires: 1. " Administrator" means the administrator of the United States environmental protection agency. 2. " Adverse...
- § 49-402 State And County Control
A. The department shall have original jurisdiction over such sources, permits and violations that pertain to: 1. Major sources in any county that has...
- § 49-403 General Permits And Individual Permits; Issuance; Definition
A. A person may petition the director or control officer for a determination that a particular class or category of sources should be subject...
- § 49-404 State Implementation Plan
A. The director shall maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection...
- § 49-405 Attainment Area Designations
A. The governor may designate the status and classification of areas of this state with respect to attainment of national ambient air quality standards....
- § 49-406 Nonattainment Area Plan
A. For any ozone, carbon monoxide or particulate nonattainment or maintenance area the governor shall certify the metropolitan planning organization designated to conduct the...
- § 49-407 Private Right Of Action; Citizen Suits
A. Except as provided in subsection B, a person having an interest which is or may be adversely affected may commence a civil action...
- § 49-408 Air Quality Conformity; Definition
A. Any revision to the state implementation plan adopted pursuant to 40 Code of Federal Regulations, part 51, subpart T shall be no more...
- § 49-409 Chlorofluorocarbons; Permitted Use; Retaliation Prohibited
A. Notwithstanding any other law, a person may possess, use, manufacture, purchase, install, transport or sell chlorofluorocarbons. B. The possession, use, manufacture, purchase, installation,...
- § 49-410 Arizona Emissions Bank; Program Termination
A. The department of environmental quality shall establish and administer an Arizona emissions bank. The department shall make information on credits deposited in the...
- § 49-411 Particulate Measures; Cities, Towns, Counties, Departments; Implementation; Report
A. On or before March 30 of each calendar year, cities and towns in area A as defined in section 49-541 shall submit a...
- § 49-412 Alternative Fuel Delivery Systems; Standardized Waivers
The department shall develop a standardized waiver application form that shall be used by state agencies, counties, cities, towns, school districts and federal fleets...
- § 49-413 Clean Burning Alternative Fuels; Public Refueling
The department shall pursue the establishment of a network of public refueling stations so that members of the public have access throughout the state...
Article 2 State Air Pollution Control
- § 49-421 Definitions
In this article, unless the context otherwise requires: 1. " Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric...
- § 49-422 Powers And Duties
A. In addition to any other powers vested in it by law, the department may: 1. Accept, receive and administer grants or other funds...
- § 49-424 Duties Of Department
The department shall: 1. Determine whether the meteorology of the state is such that airsheds can be reasonably identified and air pollution, therefore, can...
- § 49-425 Rules; Hearing
A. The director shall adopt such rules as he determines are necessary and feasible to reduce the release into the atmosphere of air contaminants...
- § 49-426 Permits; Duties Of Director; Exceptions; Applications; Objections; Fees
A. A permit shall: 1. Be issued by the director in compliance with the terms of this section. 2. Be required for any person...
- § 49-426.01 Permits; Changes Within A Source; Revisions
A. The director shall establish by rule provisions to allow changes within a source required to obtain a permit under title V of the...
- § 49-426.02 Permit Shield
The director shall establish by rule conditions under which compliance with a permit or permit revision issued pursuant to this chapter constitutes compliance with...
- § 49-426.03 Enforcement Of Federal Hazardous Air Pollutant Program; Definitions
A. The list of hazardous air pollutants in section 112(b)(1) of the clean air act is adopted as the list of federally listed hazardous...
- § 49-426.04 State List Of Hazardous Air Pollutants
A. The state list of hazardous air pollutants that are subject to regulation consists of all of the following: 1. Hazardous air pollutants that...
- § 49-426.05 Designation Of Sources Of Hazardous Air Pollutants
A. The director may by rule designate a category of sources that are subject to the state program for control of hazardous air pollutants...
- § 49-426.06 State Program For Control Of Hazardous Air Pollutants
A. After publication of the report prescribed by section 49-426.08, subsection B, the director shall by rule establish a state program for the control...
- § 49-426.07 Imminent And Substantial Endangerment
Notwithstanding any permit granted pursuant to section 49-426.03 or 49-426.06, the director may seek injunctive relief as provided in section 49-462 on receipt of...
- § 49-426.08 Research Program On Hazardous Air Pollutants
A. In cooperation with the department of health services, the United States environmental protection agency and the national academy of sciences, the department of...
- § 49-427 Grant Or Denial Of Applications; Revisions
A. The director shall deny a permit or revision if the applicant does not show that every such source is so designed, controlled or...
- § 49-428 Appeals Of Permit Actions
A. Within thirty days after notice is given by the director of approval, denial or revocation of a permit, permit revision or conditional order,...
- § 49-429 Permit Transfers; Notice; Appeal
A. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another or from one source...
- § 49-430 Posting Of Permit
A person who has been granted an operating permit, shall firmly affix such permit, an approved facsimile of such permit, or other approved identification...
- § 49-431 Notice By Building Permit Agencies
All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an...
- § 49-432 Classification And Reporting; Confidentiality Of Records
A. The director, by rule, shall classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air...
- § 49-433 Special Inspection Warrant
A. The director and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties...
- § 49-435 Hearings On Orders Of Abatement
An order of abatement issued by the director shall become effective immediately upon the expiration of the time during which a request for a...
- § 49-437 Conditional Orders; Standards; Rules
A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any...
- § 49-438 Petition For Conditional Order; Publication; Public Hearing
A. A person who seeks a conditional order shall file a petition with the director. B. If the issuance of the conditional order requires...
- § 49-439 Decisions On Petitions For Conditional Order; Terms And Conditions
A. Within thirty days after the conclusion of the hearing held pursuant to section 49-438, subsection B, or, if no hearing is held, within...
- § 49-440 Term Of Conditional Order; Effective Date
A. A conditional order issued by the director shall be valid for such period as the director prescribes but in no event for more...
- § 49-441 Suspension And Revocation Of Conditional Order
If the terms and conditions of the conditional order are being violated, the director may seek to revoke or suspend the conditional order granted....
- § 49-442 Appeal Of County Decisions
When the department has asserted control pursuant to section 49-402, a party may appeal a revocation or modification of an order of abatement or...
- § 49-443 Court Apppeals; Procedures
A. Except as provided in section 41-1092.08, subsection H, all final administrative decisions relating to permit actions, permit transfers or orders of abatement are...
- § 49-444 Notice Of Hearing; Publication; Service
A. Any notice of hearing required by this chapter shall be given by publication of a notice of hearing for at least two times...
- § 49-447 Motor Vehicle And Combustion Engine Emission; Standards
The director shall adopt rules setting forth standards controlling the release into the atmosphere of air contaminants from motor vehicles and combustion engines. Any...
- § 49-448 Limitations
Nothing in this chapter shall be construed so as to: 1. Grant any jurisdiction or authority with respect to air contamination or pollution existing...
- § 49-453 Air Quality Impact Reports; Filing
A. Every state agency, board and commission shall prepare an air quality impact report on a state funded project relating to transportation which it...
- § 49-454 Adjusted Work Hours
A. A business which has five hundred or more employees at one site in area A or area B as defined in section 49-541...
- § 49-455 Permit Administration Fund
A. A permit administration fund is established consisting of fees and interest collected pursuant to this article. The director shall administer the fund subject...
- § 49-456 Technical Assistance For Small Business; Compliance Advisory Panel; Panel Termination
A. Not later than November 15, 1992, after reasonable notice and a public hearing, the director shall submit to the administrator a plan establishing...
- § 49-457 Agricultural Best Management Practices Committee; Members; Powers; Permits; Enforcement; Preemption; Definitions
(L11, Ch. 214, sec. 2. Eff. until 1/1/16) A. A best management practices committee for regulated agricultural activities is established. B. The committee shall...
- § 49-457; Version 2 Agricultural Best Management Practices Committee; Members; Powers; Permits; Enforcement; Preemption; Definitions
(L15, Ch. 243, sec. 1. Eff. 1/1/16) A. A best management practices committee for regulated agricultural activities is established. B. The committee shall consist...
- § 49-457.01 Leaf Blower Use Restrictions And Training; Leaf Blower Equipment Sellers; Informational Material; Outreach; Applicability
A. This section applies in a county with a population of two million or more persons or any portion of a county within an...
- § 49-457.02 Dust-Free Developments Program; Certification; Seal
A. The department shall establish the dust-free developments program to encourage and recognize persons and entities that demonstrate exceptional commitment to the reduction of...
- § 49-457.03 Off-Road Vehicles; Pollution Advisory Days; Applicability; Penalties
A. In area A, as defined in section 49-541, a person shall not operate an off-highway vehicle, an all-terrain vehicle or an off road...
- § 49-457.04 Off-Highway Vehicle And All-Terrain Vehicle Dealers; Informational Material; Outreach; Applicability
A. Any person who rents or sells in the normal course of business off-highway vehicles, all-terrain vehicles or off-road recreational motor vehicles, other than...
- § 49-457.05 Dust Action General Permit; Best Management Practices; Applicability; Definitions
A. This section applies in a county with a population of two million or more persons or any portion of a county within an...
- § 49-458 Regional Haze Program; Authority
The department may participate in interstate regional haze programs that are established by the regional planning organization that is authorized for this region pursuant...
- § 49-458.01 State Implementation Plan Revision; Regional Haze; Rules
A. The director shall submit to the administrator state implementation plan revisions to address regional haze visibility impairment in mandatory federal class I areas....
- § 49-459 State Plan; Carbon Emissions From Power Plants
A. The director, in consultation with the corporation commission, the governing bodies of affected public power entities as defined in section 30-801, electric utilities...
- § 49-460 Violations; Production Of Records
When the director has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any...
- § 49-461 Violations; Order Of Abatement
When the director has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any...
- § 49-462 Violations; Injunctive Relief
The attorney general, at the request of the director, shall file an action for a temporary restraining order, a preliminary injunction, a permanent injunction...
- § 49-463 Violations; Civil Penalties
A. A person who violates any provision of this article, any permit or permit condition issued pursuant to this article, any fee or filing...
- § 49-464 Violation; Classification; Penalties; Definition
A. A person who knowingly releases into the ambient air any extremely hazardous substance listed pursuant to 42 United States Code section 11002(a)(2) or...
- § 49-465 Air Pollution Emergency
A. If the director determines that air pollution in any area constitutes or may constitute an emergency risk to the health of those in...
- § 49-466 Precedence Of Actions
For the benefit of the people of the state, court actions and proceedings brought under this article shall be given precedence and brought to...
- § 49-467 Preservation Of Rights
It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control air pollution in the state. Nothing...
Article 3 County Air Pollution Control
- § 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...
- § 49-471.01 Regulatory Bill Of Rights
A. To ensure fair and open regulation under this article by counties, a person: 1. Is eligible for reimbursement of fees and other expenses...
- § 49-471.02 Fees; Express Authority
The control officer shall not charge or receive a fee unless the fee is expressly authorized by action of the board of supervisors pursuant...
- § 49-471.03 Inspections
The control officer shall comply with section 41-1009, except that section 41-1009, subsection O, paragraph 1 does not apply.
- § 49-471.04 Notice Of Proposed Rule Or Ordinance Making
A. Before a board of supervisors adopts or amends a rule or ordinance that is subject to section 49-112, subsection A or a rule...
- § 49-471.05 Contents Of Preamble
The preamble shall include: 1. Reference to the specific statutory authority for the rule or ordinance. 2. The name and address of county personnel...
- § 49-471.06 Public Participation; Written Statements; Oral Proceedings
A. A control officer may meet informally with any interested party for the purpose of discussing a proposed rule or ordinance making action. The...
- § 49-471.07 Time And Manner Of Rule Or Ordinance Making
A. A board of supervisors may not act on a rule or ordinance until the rule or ordinance making record is closed. B. At...
- § 49-471.08 Expedited Rule Or Ordinance Making
A. If a rule or ordinance is adopted pursuant to section 49-112, subsection B, and the proposed rule or ordinance is a conforming change...
- § 49-471.09 County Rule Or Ordinance Making Record
A. A control officer shall maintain for public inspection an official rule or ordinance making record for each proposed rule or ordinance for which...
- § 49-471.10 Invalidity Of Rules Or Ordinances; Prohibited Agency Action
A. Unless otherwise provided by law, a rule or ordinance is invalid unless it is adopted in substantial compliance with this article. B. Only...
- § 49-471.11 Substantive Policy Statements; Directory Of Rules And Policy Statements
A. A control officer shall file substantive policy statements pertaining to this article in the register in accordance with section 41-1013, subsection B. B....
- § 49-471.12 Petition For Rule Or Ordinance Making Or Review Of Practice Or Policy
Any person, in a manner and form prescribed by the control officer, may petition the control officer requesting initiation of rule or ordinance making...
- § 49-471.13 Permitting Time Frames
For permits issued pursuant to section 49-480, a control officer shall comply with permitting time frames that are no longer than permitting time frames...
- § 49-471.14 Reporting; Compliance With Time Frames
Beginning on September 1, 2001, and on or before September 1 of each year thereafter, each control officer shall report to the control officer's...
- § 49-471.15 Administrative Appeals
A. A person whose legal rights, duties or privileges were determined by an appealable agency action or who will be adversely affected by an...
- § 49-471.16 Waiver
Except to the extent expressly precluded by another law, a person may waive in writing any right conferred on that person by this chapter.
- § 49-472 Department Studies
Upon the request of any county by its board of supervisors, the department shall conduct such studies as are requested, and at the expense...
- § 49-473 Board Of Supervisors
A. The board of supervisors of a county, in order to conserve and promote the public health, safety, and general welfare, shall within its...
- § 49-474 County Control Boards
The board of supervisors of each county may authorize the board of health or health department of their respective counties in cooperation with the...
- § 49-474.01 Additional Board Duties In Vehicle Emissions Control Areas; Definitions
A. The board of supervisors of a county which contains any portion of area A or area B as defined in section 49-541 shall:...
- § 49-474.02 Voluntary Lawn And Garden Equipment Emissions Reduction Program; Voluntary Lawn And Garden Equipment Emissions Reduction Fund; Criteria
A. A county with a population of more than five hundred thousand persons according to the most recent United States decennial census shall establish...
- § 49-474.03 Voluntary Vehicle Repair And Retrofit Program; Criteria; Fund; Report
A. A county with a population of more than four hundred thousand persons according to the most recent United States decennial census shall operate...
- § 49-474.04 Voluntary Vehicle Repair And Retrofit Program Advisory Committee
The board of supervisors shall appoint an advisory committee representing the department of transportation, the department of environmental quality and the parties affected by...
- § 49-474.05 Dust Control; Training; Site Coordinators
A. This section applies in a county with a population of two million or more persons or any portion of a county in an...
- § 49-474.06 Dust Control; Subcontractor Registration; Fee
A. In an area designated by the environmental protection agency as a serious PM-10 nonattainment area or a maintenance area that was designated as...
- § 49-474.07 Voluntary Diesel Equipment Retrofit Program; Criteria; Inventory; Permits
A. A county with a population of more than four hundred thousand persons shall operate and administer a voluntary diesel emissions retrofit program in...
- § 49-475 Powers And Duties
The air pollution control district established by the board of supervisors shall have the power to: 1. Have perpetual succession. 2. Sue and be...
- § 49-476 Authorization To Accept Funds Or Grants
The department of environmental quality, county health departments, or boards of supervisors may accept and expend in accordance with the terms of the grant...
- § 49-476.01 Monitoring
A. The control officer may require, as specified in subsections B and C of this section, any source of air contaminants to monitor, sample...
- § 49-477 Advisory Council
The board of supervisors may appoint an advisory council of such membership as it deems necessary to advise and consult with the board of...
- § 49-478 Hearing Board
A. The board of supervisors shall appoint an air pollution hearing board. B. The hearing board shall consist of five members. The five members...
- § 49-479 Rules; Hearing
A. The board of supervisors shall adopt such rules as it determines are necessary and feasible to control the release into the atmosphere of...
- § 49-480 Permits; Fees
A. The board of supervisors may adopt a program for the review, issuance, revision, administration and enforcement of permits and for public review of...
- § 49-480.01 Permits; Changes Within A Source; Revisions
A. The board of supervisors shall establish by rule provisions to allow changes within a source required to obtain a permit under title V...
- § 49-480.02 Appeals Of Permit Actions
A. Within thirty days after the control officer gives notice of approval, denial or revocation of a permit, the applicant or any person who...
- § 49-480.03 Federal Hazardous Air Pollutant Program; Date Specified By Administrator; Prohibition
A. The board of supervisors shall adopt by rule a program for administration and enforcement of the federal hazardous air pollutant program established by...
- § 49-480.04 County Program For Control Of Hazardous Air Pollutants
A. Within six months after the adoption of rules pursuant to section 49-426.06, subsection A, the board of supervisors shall by rule establish a...
- § 49-481 Grant Or Denial Of Applications
A. The control officer shall deny a permit or revision if the applicant does not show that every such source is so designed, controlled,...
- § 49-482 Appeals To Hearing Board
A. Within thirty days after notice is given by the control officer of approval or denial of a permit, permit revision or conditional order,...
- § 49-483 Permit Transfers; Notice; Appeal
A. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another, or from one piece...
- § 49-484 Expiration Of Permit
An installation permit shall expire two years from the date of its issuance.
- § 49-485 Posting Of Permit
A person who has been granted an operating permit, shall firmly affix such permit, an approved facsimile of such permit, or other approved identification...
- § 49-486 Notice By Building Permit Agencies
All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an...
- § 49-487 Classification And Reporting; Confidentiality Of Records
A. The board of supervisors by rules which are equal to or more restrictive than those adopted by the director of environmental quality shall...
- § 49-488 Special Inspection Warrant
A. The control officer and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or...
- § 49-490 Hearings On Orders Of Abatement
A. An order of abatement issued by the control officer shall become effective immediately upon the expiration of the time during which a request...
- § 49-491 Conditional Orders; Standards; Rules
A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any...
- § 49-492 Petition For Conditional Order; Publication; Public Hearing
A. A person who seeks a conditional order shall file a petition with the control officer. B. If the issuance of the conditional order...
- § 49-493 Decisions On Petitions For Conditional Order; Terms And Conditions
A. Within thirty days after the conclusion of the hearing held pursuant to section 49-492, subsection B, or, if no hearing is held, within...
- § 49-494 Term Of Conditional Order; Effective Date
A. A conditional order issued by the control officer shall be valid for such period as the control officer prescribes but in no event...
- § 49-495 Suspension And Revocation Of Conditional Order
If the terms and conditions of the conditional order are being violated, the control officer may seek to revoke or suspend the conditional order...
- § 49-496 Decisions Of Hearing Board; Subpoenas; Effective Date
A. All decisions of the hearing board, including the majority of opinion and all concurring and dissenting opinions, shall be in writing and shall...
- § 49-497 Declaratory Judgment
Any person who is or may be affected by a county rule or ordinance pursuant to this article may obtain a judicial declaration of...
- § 49-497.01 Judicial Review Of Hearing Board Or Administrative Law Judge Decisions
A. Except as provided in this section, a hearing board decision or a decision of an administrative law judge in lieu of a hearing...
- § 49-497.02 Judicial Review Of Appealable Agency Action Not Subject To Review By Hearing Board Or Administrative Law Judge
A. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against a control...
- § 49-498 Notice Of Hearing; Publication; Service
A. Any notice of hearing required by this article shall be given by publication of a notice of hearing for at least two times...
- § 49-501 Unlawful Open Burning; Exceptions; Civil Penalty; Definition
A. Notwithstanding the provisions of any other section of this article: 1. It is unlawful for any person to ignite, cause to be ignited,...
- § 49-502 Violation; Classification
A. Any person who violates any provision of this article, any rule adopted pursuant to this article or any effective order of abatement, permit...
- § 49-503 Defenses
Violations under section 49-502 shall be malum prohibitum. Lack of criminal intent shall not constitute a defense to such violations.
- § 49-504 Limitations
Nothing in this article shall be construed so as to: 1. Grant any jurisdiction or authority with respect to air contamination or pollution existing...
- § 49-506 Voluntary No-Drive Days
A county with a population of four hundred thousand or more persons according to the most recent United States decennial census shall implement a...
- § 49-507 Technical Assistance To Small Businesses
Not later than August 15, 1993, after reasonable notice and a public hearing, the control officer shall submit to the director a plan that...
- § 49-510 Violations; Production Of Records
When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article,...
- § 49-511 Violations; Order Of Abatement
A. When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this...
- § 49-512 Violations; Injunctive Relief
The county attorney, at the request of the control officer, shall file an action for a temporary restraining order, a preliminary injunction, a permanent...
- § 49-513 Violations; Civil Penalties
A. A person who violates any provision of this article, any permit or permit condition issued pursuant to this article, any fee or filing...
- § 49-514 Violation; Classification; Definition
From and after October 31, 1994: A. A person who knowingly releases into the ambient air any extremely hazardous substance listed pursuant to 42...
- § 49-515 Precedence Of Actions
For the benefit of the people of the state, court actions and proceedings brought under this article shall be given precedence and brought to...
- § 49-516 Preservation Of Rights
It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control air pollution in the state. Except...
Article 5 Annual Emissions Inspection of Motor Vehicles
- § 49-541 Definitions
In this article, unless the context otherwise requires: 1. " Area A" means the area delineated as follows: (a) In Maricopa county: Township 8...
- § 49-542 Emissions Inspection Program; Powers And Duties Of Director; Administration; Periodic Inspection; Minimum Standards And Rules; Exceptions; Definition
(L14, Ch. 89, sec. 2) A. The director shall administer a comprehensive annual or biennial emissions inspection program that shall require the inspection of...
- § 49-542; Version 2 Emissions Inspection Program; Powers And Duties Of Director; Administration; Periodic Inspection; Minimum Standards And Rules; Exceptions; Definition
(L14, Ch. 89, sec. 3. Conditionally Eff.) A. The director shall administer a comprehensive annual or biennial emissions inspection program that shall require the...
- § 49-542.02 Mechanic Education Program
The director shall establish an education program for motor vehicle mechanics for the inspection and maintenance provisions used in vehicle emissions control in area
- § 49-542.03; Version 2 Motor Vehicle Dealer; Emissions Testing; Remedies; Definition
(L14, Ch. 89, sec. 5. Conditionally Eff.) A. In area A or area B, if a motor vehicle dealer sells a motor vehicle that...
- § 49-542.03 Motor Vehicle Dealer; Emissions Testing; Remedies; Definition
(L14, Ch. 89, sec. 4) A. In area A or area B, if a motor vehicle dealer sells a motor vehicle that has less...
- § 49-542.04 Off-Road Vehicle And Engine Standards
A. The department shall adopt rules for air pollution emission standards for off-road vehicles and engines marketed in the state beginning with the 1999...
- § 49-542.05 Alternative Fuel Vehicles
A. Except for a vehicle fueled by hydrogen, the following apply: 1. Each original equipment manufactured alternative fuel vehicle that is registered in or...
- § 49-542.06 Roadside Testing Of Diesel Vehicles; Contract; Test Standards; Cut Points
A. The department shall establish and administer a roadside testing program for diesel powered motor vehicles with a gross vehicle weight rating of more...
- § 49-542.07 Civil Penalties
A. The driver of a diesel vehicle that fails the test administered pursuant to section 49-542.06, including failure due to refusal to submit to...
- § 49-543 Emissions Inspection Costs; Disposition; Fleet Inspection; Certificates
A. The director shall fix, regulate and alter in accordance with this section the fees required to be paid for the full costs of...
- § 49-544 Emissions Inspection Fund; Composition; Authorized Expenditures; Exemptions; Investment
A. An emissions inspection fund is established and is subject to legislative appropriation. The emissions inspection fund shall consist of: 1. Monies appropriated to...
- § 49-545 Agreement With Independent Contractor; Qualifications Of Contractor; Agreement Provisions
A. The director is authorized to enter into an emissions inspection agreement with one or more independent contractors, subject to public bidding, to provide...
- § 49-546 Fleet Emissions Inspection Stations; Certificates Of Inspection; Dealer's Inventory; Investigations; Revocation Or Suspension Of Permit
A. Any registered owner or lessee of a fleet of at least twenty-five vehicles may apply to the director for a permit to establish...
- § 49-547 Authority Of Director To Acquire Enforcement Equipment
The director may acquire in the name of the state by purchase, donation, dedication or other lawful means any special equipment, tools, materials or...
- § 49-548 Improper Representation
A. A person shall not in any manner represent any place to be an official or fleet emissions inspection station unless such station has...
- § 49-549 False Certificates
A. A person shall not make, issue or knowingly use any imitation or counterfeit of an official certificate of inspection or a certificate of...
- § 49-550 Violation; Classification; Civil Penalty
A. Except as provided in subsection B of this section, any person who violates any provision of this article or any rule of the...
- § 49-551 Air Quality Fee; Air Quality Fund; Purpose
A. Every person who is required to register a motor vehicle in this state pursuant to section 28-2153 shall pay, in addition to the...
- § 49-551.01 Diesel Vehicle Low Emissions Incentive Grants; Criteria
(Conditionally Rpld.) A. The department may award incentive grants from the air quality fund established by section 49-551 for diesel vehicles: 1. To operate...
- § 49-552 Enforcement On City, Town, County, School District Or Special District Property
A city, town or county school district or special district shall prohibit the parking of vehicles which fail to comply with section 49-542 in...
- § 49-553 Vehicle Emissions; Research; Equipment; Cost Analysis
A. The department of environmental quality shall conduct research to quantify the effect of alternative fuels on toxic components of vehicular emissions. This shall...
- § 49-554 Technical Assistance Review
A. The department of environmental quality, with the assistance of the governor's energy office and state universities, shall develop a program to: 1. Expedite...
- § 49-555 Retrofit Of Diesel Vehicles
Entities subject to the provisions of sections 9-500.04, 41-803, 49-474.01 and 49-573 shall comply with the following time schedule for retrofitting their existing diesel...
- § 49-556 Low Emission Vehicle Program
A. This state shall participate in the national low emission vehicle program adopted in 40 Code of Federal Regulations part 9, part 85 and...
- § 49-557 Government Vehicles; Emissions Inspections; Noncompliance; Vehicle Operation Privilege Suspension
A. Each vehicle that is owned by the United States government and that is domiciled in this state for more than ninety consecutive days...
- § 49-558 Voluntary Accelerated Purchase Of Tier 2 And 3 Equipment; Definitions
A. Any person or entity may purchase nonroad equipment that meets tier 2 or tier 3 standards or may retrofit existing equipment to meet...
- § 49-558.01 Voluntary Implementation Of Ultra Low Sulfur Diesel Fuel; Definition
A. Any person or entity may use ultra low sulfur diesel fuel in vehicles that are retrofitted with oxidation catalysts and particulate filters in...
Article 7 Emissions Control
Article 8 Travel Reduction Programs
- § 49-581 Definitions
In this article, unless the context otherwise requires: 1. " Alternate mode" means any mode of commute transportation other than the single occupancy motor...
- § 49-582 Travel Reduction Program Regional Task Force; Composition
A. A travel reduction program regional task force is established in area A for the purposes prescribed in this article. The regional public transportation...
- § 49-583 Duties And Powers Of The Task Force
A. The task force shall review and approve the baseline survey distributed to major employers for the purpose of collecting data on employee commuting...
- § 49-584 Staff Duties
The staff shall provide support to the task force and the major employers. The staff shall: 1. Provide assistance to each employer in coordinating...
- § 49-587 Voluntary Participation
Nonmajor employers or groups of nonmajor employers are encouraged to participate in data collection and information dissemination efforts and in the preparation of their...
- § 49-588 Requirements For Major Employers
A. In each year of the regional program each major employer shall: 1. Provide each regular employee with information on alternate mode options and...
- § 49-589 Variances
A. The task force shall appoint from its members a committee to serve as a hearing board for major employers requesting variances from all...
- § 49-590 Requirements For High Schools, Community Colleges And Universities
A major employer that is a high school, community college or university, in developing its survey, travel reduction plan or travel reduction program, shall...
- § 49-591 Exemptions
A. Employers opening for business, or hiring, relocating or otherwise adding employees so as to become subject to the requirements of this section within...
- § 49-592 Appeals
A. Any major employer or resident of the political subdivision may appeal a decision of the task force to authorize or withhold variances or...
- § 49-593 Violations; Civil Penalties
A. On determining a violation of this article the board shall request the county attorney to take appropriate legal action. B. Violations of any...
Chapter 4 SOLID WASTE MANAGEMENT
Article 1 General Provisions
- § 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...
- § 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...
- § 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...
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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...
Article 2 Planning and Assistance
Article 3 Solid Waste Services
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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,...
- § 49-746 Private Enterprise Recycling And Solid Waste Management
(L10, Ch. 3, sec. 1. Eff. until 7/1/16) A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from...
- § 49-746; Version 2 Private Enterprise Recycling And Solid Waste Management; Definitions
(L15, Ch. 142, sec. 1. Eff. 7/1/16) A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from delivering...
- § 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...
Article 4 Regulation of Solid Waste
- § 49-761 Rule Making Authority For Solid Waste Facilities; Exemption; 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...
- § 49-762 Facilities Requiring Solid Waste Facility Plans; Exemption
A. The owner or operator of the following solid waste facilities shall obtain approval of a solid waste facility plan in accordance with sections...
- § 49-762.01 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...
- § 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...
- § 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...
- § 49-762.04 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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....
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 49-773 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...
- § 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...
Article 5 Enforcement
Article 6 Violations and Penalties
Article 7 Management of Used Oil
Article 8 Arizona Recycling Program
- § 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....
- § 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,...
- § 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...
- § 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...
- § 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...
- § 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....
- § 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...
Article 9 Management of Special Waste
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 49-868 Agency Orders; Appeal
Any final agency order issued pursuant to this article is appealable pursuant to title 41, chapter 6, article 10.
Article 10 Solid Waste Fee Fund
Chapter 5 HAZARDOUS WASTE DISPOSAL
Article 1 Hazardous Waste Disposal at State Sites
Article 2 Hazardous Waste Management
- § 49-921 Definitions
In this article, unless the context otherwise requires: 1. " Disposal" means discharging, depositing, injecting, dumping, spilling, leaking or placing hazardous waste into or...
- § 49-922 Department Rules And Standards; Prohibited Permittees
A. The director shall adopt rules to establish a hazardous waste management program equivalent to and consistent with the federal hazardous waste regulations promulgated...
- § 49-922.01 Hazardous Waste Manifest Errors; Penalty; Disposition Of Monies
A. If a manifest for a shipment of hazardous waste required to be submitted to the director is improperly completed, the department may return...
- § 49-923 Compliance Orders; Civil Penalties; Injunctive Relief
A. If the director has reasonable cause to believe that a person is violating this article or article 1 of this chapter or a...
- § 49-924 Violations; Civil Penalty
A. A person who violates this article or any permit, rule or order issued or adopted pursuant to this article is subject to a...
- § 49-925 Violation; Classification; Definition
A. A person who knowingly does any of the following is guilty of a class 5 felony, a person who recklessly does any of...
- § 49-926 Enforcement
The attorney general may bring a civil or criminal action to enforce the provisions of this article or any statute relating to the production,...
- § 49-927 Hazardous Waste Management Fund
A. A hazardous waste management fund is established to be administered by the department. The fund consists of monies appropriated by the legislature, monies...
- § 49-928 Availability Of Information To The Public
A. Any record, reports or information obtained from any person pursuant to this chapter, including records, reports or information obtained or prepared by the...
- § 49-929 Annual Registration Of Hazardous Waste Treatment, Storage And Disposal Facilities, Transporters And Generators; Fee; Disposition Of Revenue
A. All hazardous waste treatment, storage and disposal facilities, hazardous waste transporters and hazardous waste generators, except hazardous waste resource recovery facilities as defined...
- § 49-930 Annual Registration Of Hazardous Waste Resource Recovery Facilities; Fee; Maximum Annual Payment Of Fees And Taxes; Disposition Of Revenue; Definitions
A. All hazardous waste resource recovery facilities shall register annually with the department at the time and in the manner prescribed by the director....
- § 49-931 Hazardous Waste Fees; Definitions
A. The following fees apply: 1. A person who generates hazardous waste that is shipped off site shall pay a fee for each ton...
- § 49-932 Hazardous Waste Fuel Penalty; Disposition Of Revenue
A. A hazardous waste fuel penalty of forty cents per gallon is established for hazardous waste fuel and hazardous waste that are burned for...
Article 3 Sites for Waste Facilities; Notification
Article 4 Pollution Prevention
- § 49-961 Definitions
In this article, unless the context otherwise requires: 1. " Disposal" means discharging, depositing, injecting, dumping, spilling, leaking or placing a toxic substance or...
- § 49-962 Toxic Data Report; Progress Report; Exemption
A. A person who owns or operates a facility shall file a toxic data report on July 1 for the preceding calendar year if...
- § 49-963 Pollution Prevention Plan; Progress Report; Exemption
A. A person who owns or operates a facility that meets the reporting requirements prescribed by section 49-962 shall prepare and implement a pollution...
- § 49-964 Review Of Reports And Plans; Enforcement; Contempt
A. The department shall review the submissions required under this article, including the plan and any amendments and reports, to determine if the submission...
- § 49-965 Pollution Prevention Technical Assistance Program
A. The department shall establish a technical assistance program designed to assist all persons in reducing to the fullest extent possible the amount and...
- § 49-967 Availability Of Information To The Public
A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the director...
- § 49-968 Department Rules
A. The director shall adopt by rule any substance established by the administrator of the United States environmental protection agency pursuant to the pollution...
- § 49-969 Consumer Product Information
A. The department may not prepare or distribute public education information relating to any claims regarding household hazardous waste or substitutes for any household...
Article 5 Pollution Prevention for State Agencies
Chapter 6 UNDERGROUND STORAGE TANK REGULATION
Article 1 General Provisions
- § 49-1001 Definitions
In this chapter, unless the context otherwise requires: 1. " Being used" means not having been taken out of operation. 2. " Closure" means...
- § 49-1001.01 Definition Of Owner; Rules
A. In this chapter, " owner" of an underground storage tank means a person who either: 1. Holds a legal, equitable, or possessory interest...
- § 49-1002 Notification Requirements; Exemptions
A. Except as otherwise provided in this section, each owner of an underground storage tank shall notify the department in writing and shall specify...
- § 49-1003 Detection Of Releases; Record Keeping Requirements
A. Until the rules adopted pursuant to subsection C are in effect, the owner and operator of an underground storage tank shall maintain a...
- § 49-1004 Reporting Requirements
A. The operator and owner of an underground storage tank shall notify the department of each release or suspected release from the tank as...
- § 49-1005 Corrective Action
A. When a release is discovered the owner and operator of an underground storage tank shall take immediate action to stop the release and...
- § 49-1006 Statement Of Financial Responsibility
A. If required by regulations adopted pursuant to 42 United States Code section 6991b(d) to establish evidence of financial responsibility, an owner and operator...
- § 49-1006.01 Insurance For Releases; Termination; Notice; Coverage; Assistance
A. Beginning on January 1, 2016 and continuing for twenty-four months, if an owner or operator makes a claim against its insurance or an...
- § 49-1006.02 Insurance Primacy; Requirements; Fund Access
A. For owners or operators that satisfy financial responsibility requirements through insurance, the following apply: 1. The policy that covers the underground storage tank...
- § 49-1007 Liability Of Guarantors
A. If the owner or operator of an underground storage tank files for protection under the federal bankruptcy laws and with reasonable diligence jurisdiction...
- § 49-1008 Closure
The temporary closure, permanent closure and change in service of an underground storage tank shall be accomplished in a safe and secure manner which...
- § 49-1009 Tank Performance Standards
A. A person shall not install an underground storage tank unless the underground storage tank meets all of the following requirements: 1. It is...
- § 49-1010 Preemption Of Local Regulation; Delegation Of Administrative Authority
A. The provisions of this chapter and the rules which implement this chapter, as they relate to the identification, prevention and remediation of releases...
- § 49-1011 Right To Inspect Records, Tanks And Equipment
A. For the purposes of developing rules, conducting studies or enforcing the provisions of this chapter, an owner or operator of an underground storage...
- § 49-1012 Confidentiality Of Records
A. Records or other information furnished to or obtained by the director concerning regulated substances are available to the public, except that any records...
- § 49-1013 Enforcement And Penalties
A. If the director determines that a person is in violation of this chapter or the rules adopted pursuant to this chapter the director...
- § 49-1014 Rules; Policies; Guidelines
A. The director shall adopt rules pursuant to title 41, chapter 6 necessary to provide procedures for the administration of this chapter and to...
- § 49-1015 Underground Storage Tank Revolving Fund; Use; Purpose
A. The underground storage tank revolving fund is established and shall be administered by the director. Monies in the fund are exempt from lapsing...
- § 49-1016 Responsibilities Of Owners And Operators
A. Unless specifically indicated otherwise, the responsibilities of this chapter are imposed on the owner and the operator of an underground storage tank. If...
- § 49-1017 Powers Of Director; Corrective Actions
A. The director may take corrective action with respect to a release of a regulated substance that is petroleum into the environment from an...
- § 49-1017.01 Settlement Authority; Participation; Financial Information; Process; Payment; Notice
A. The director shall consider any offer by an owner or operator who is potentially liable for direct costs incurred by the director pursuant...
- § 49-1017.02 Powers Of The Director; Noncorrective Actions
A. Subject to the availability of monies in the underground storage tank revolving fund that are allocated by the director, an owner, an operator...
- § 49-1018 Corrective Action; Enforcement; Priority
The director shall give priority in undertaking state-led corrective actions pursuant to section 49-1017 to releases of regulated substances from underground storage tanks that...
- § 49-1019 Release Of Regulated Substance; Causes Of Action; Limitation; Liability
A. Any one of the following persons may bring an action in superior court against a person who caused or contributed to the release...
- § 49-1020 Fees
Each owner and operator of an underground storage tank that is subject to regulation under this chapter shall pay annually to the department a...
- § 49-1021 Applicability
Until rules adopted pursuant to this chapter are in effect, this chapter shall apply only to the extent described by 40 Code of Federal...
- § 49-1022 Regulated Substance Migration Off Site; Responsibility; Corrective Action; Notice; Appeal; Coverage
A. The director may undertake corrective action in response to a release from an underground storage tank that migrates on or under a person's...
- § 49-1023 Delivery Prohibition; Stop Use Tag; Definitions
A. A product deliverer shall not deliver, deposit or place a regulated substance into an underground storage tank that has a stop use tag...
- § 49-1024 Report; Underground Storage Tank Revolving Fund Program
The department shall compile a report on the underground storage tank revolving fund program on or before December 31, 2017, and on or before...
Article 2 Underground Storage Tank Tax
- § 49-1031 Imposition Of Tax
(Rpld. 1/1/24) A. From and after July 1, 1990, there is imposed and the director shall collect an excise tax on the operation of...
- § 49-1032 Return And Payment Of Tax; Due Date
A. The tax levied under this article is due and payable annually on or before March 31 for the preceding calendar year and is...
- § 49-1033 Extensions; Abatement
A. The director, for good cause, may extend the time for making any return required by this article and may grant such reasonable additional...
- § 49-1034 Audits
The director may require a person who is required to pay the tax under this article to appear, at reasonable times and on reasonable...
- § 49-1035 Interest; Penalty; Lien
A. If the tax, or any portion of the tax, is not paid on or before the date prescribed for its payment, the director...
- § 49-1036 Remission And Disposition Of Revenues
The director shall promptly deposit, pursuant to sections 35-146 and 35-147, all monies collected under this article and shall credit these payments to the...
Article 3 Underground Storage Tank Revolving Fund Payment Process
- § 49-1051 Preapproval Process; Requirements; Corrective Action Priority
A. An owner, an operator or the designated representative of either or a person that meets the requirements of section 49-1016, subsection C must...
- § 49-1052 Noncorrective Actions; Baseline Assessment
A. A baseline period of seven years from January 1, 2016 is established for underground storage tanks. Beginning January 1, 2016, during the baseline...
- § 49-1053 Reimbursement Of Corrective Action Costs; Definition
A. The department may provide reimbursement from the underground storage tank revolving fund under the preapproval process prescribed in section 49-1051 in the amounts...
- § 49-1054 Extent Of Reimbursement
A. The department may provide reimbursement from the underground storage tank revolving fund for the reasonable and necessary costs of eligible activities pursuant to...
- § 49-1055 Extent Of Reimbursement; Termination Of Eligibility
A. From and after December 31, 2022, only those releases of a regulated substance that are reported before January 1, 2023 as prescribed in...
- § 49-1056 Lien Rights; Unrecovered Corrective Action Costs
If the department or this state incurs unrecovered corrective action costs from a corrective action undertaken on behalf of a volunteer, a property owner,...
- § 49-1057 Intergovernmental Agreements
The department may enter into intergovernmental agreements with Indian tribes pursuant to title 11, chapter 7, article 3 to extend to the tribes the...
Article 4 Grants
- § 49-1071 Grants; Purposes; Priority
A. Subject to the availability of monies in the underground storage tank revolving fund that are annually allocated by the director for each of...
Article 5 Certification
Article 6 Underground Storage Tank Informal Appeals and Underground Storage Tank Policy Commission
Chapter 7 LIGHT POLLUTION
Article 1 General Provisions
Chapter 8 WATER INFRASTRUCTURE FINANCE PROGRAM
Article 1 General Provisions
Article 2 Clean Water Revolving Fund, Drinking Water Revolving Fund and Hardship Grant Fund Financial Provisions
- § 49-1221 Clean Water Revolving Fund
A. The clean water revolving fund is established to be maintained in perpetuity consisting of: 1. Monies appropriated by the legislature for the clean...
- § 49-1222 Clean Water Revolving Fund; Administration
A. The clean water revolving fund is established. The board shall administer the fund pursuant to rule and in compliance with the requirements of...
- § 49-1223 Clean Water Revolving Fund; Purposes; Capitalization Grants
A. Monies in the clean water revolving fund may be used for the following purposes: 1. Making wastewater treatment facility and nonpoint source project...
- § 49-1224 Clean Water Revolving Fund Financial Assistance; Procedures; Rules
A. In compliance with any applicable requirements, a political subdivision may apply to the authority for, accept and incur indebtedness as a result of...
- § 49-1225 Clean Water Revolving Fund Financial Assistance; Terms
A. Financial assistance from the clean water revolving fund shall be evidenced by a financial assistance agreement or bonds of a political subdivision, delivered...
- § 49-1226 Enforcement; Attorney General
The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections...
- § 49-1241 Drinking Water Revolving Fund
A. The drinking water revolving fund is established to be maintained in perpetuity consisting of: 1. Monies appropriated by the legislature for the drinking...
- § 49-1242 Drinking Water Revolving Fund; Administration; Capitalization Grant Transfer Account
A. The drinking water revolving fund is established. The board shall administer the fund pursuant to rule and in compliance with this article and...
- § 49-1243 Drinking Water Revolving Fund; Purposes; Capitalization Grants
A. Monies in the drinking water revolving fund may be used for the following purposes: 1. Making drinking water facility loans including forgivable principal...
- § 49-1244 Drinking Water Revolving Fund Financial Assistance; Procedures
A. In compliance with any applicable requirements, a drinking water facility may apply to the authority for and accept and incur indebtedness as a...
- § 49-1245 Drinking Water Revolving Fund Financial Assistance; Terms
A. A loan from the drinking water revolving fund shall be evidenced by a loan repayment agreement or bonds of a political subdivision, delivered...
- § 49-1246 Enforcement; Attorney General
The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections...
- § 49-1261 Water Quality Bonds
A. The authority, through the board of directors, may issue negotiable water quality bonds in a principal amount that in its opinion is necessary...
- § 49-1262 Water Quality Bonds; Purpose
A. Water quality bonds may be issued to provide financial assistance, to provide matching state monies for the clean water revolving fund and the...
- § 49-1263 Bond Obligations Of The Authority
Bonds issued under this article are obligations of the water infrastructure finance authority of Arizona, are payable only according to their terms and are...
- § 49-1264 Certification Of Bonds By Attorney General
The board may submit any water quality bonds issued under this article to the attorney general after all proceedings for their authorization have been...
- § 49-1265 Water Quality Bonds As Legal Investments
Water quality bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and political subdivisions...
- § 49-1266 Agreement Of State
This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in...
- § 49-1267 Hardship Grant Fund
A. The hardship grant fund is established to be administered by the authority consisting of: 1. Monies received for that purpose from the United...
- § 49-1268 Hardship Grant Financial Assistance
A. In compliance with any applicable requirements: 1. A political subdivision or Indian tribe may apply to the authority for and accept financial and...
- § 49-1269 Short-Term Emergency Loan Agreements; Conditions
A. The authority, through its board, may enter into short-term emergency loan agreements with political subdivisions or Indian tribes under the following conditions: 1....
Article 3 Water Supply Development Revolving Fund Financial Provisions
Chapter 9 NATURAL GAS STORAGE FACILITIES
Article 1 General Provisions
Chapter 10 ENVIRONMENTAL AUDIT PRIVILEGE
Article 1 General Provisions
- § 49-1401 Definitions
In this chapter, unless the context otherwise requires: 1. " Actual harm" means damage, loss or injury. 2. " Audit report" means an audit...
- § 49-1402 Audit Report; Contents
A. An audit report shall include each document and communication, other than those set forth in section 49-1406, that is created for an environmental...
- § 49-1403 Privilege
A. Except as provided in sections 49-1404, 49-1405 and 49-1406, any part of an audit report is privileged and is not admissible as evidence...
- § 49-1404 Exception; Waiver; Violation; Classification
A. The privilege prescribed in section 49-1403 does not apply to the extent the privilege is expressly waived by the owner or operator who...
- § 49-1405 Exception; Disclosure Required By Court Or Administrative Hearing Official
A. A court or administrative hearing official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or...
- § 49-1406 Nonprivileged Materials
A. The privilege described in this chapter does not apply to: 1. A document, communication, datum or report or other information required by a...
- § 49-1407 Review Of Privileged Document By Governmental Authority
A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by this chapter...
- § 49-1408 Construction; No Immunity
Nothing in this article shall be construed to provide civil or criminal immunity to a person or organization.
Last modified: October 13, 2016