PocketLaw | Arizona Revised Statutes | The Environment

The Environment

Checkout our iOS App for a better way to browser and research.

Definitions

Department of environmental quality; director; deputy director; division directors; divisions

Department employees; legal counsel

Powers and duties of the department and director

Statewide application of rules

Local delegation of state authority

Hazardous materials emergency response operations

Certificate of disclosure of violations; remedies

Compliance order; hearing; judicial review; enforcement

Permit application; plan approval; notice to counties, cities or towns

County regulation; standards

Fees; unpaid amounts; penalties; audits

Appeals of agency decisions

Indirect cost fund; use; exemption

Informal appeals of agency decisions; technical appeals program fund; definitions

Supplemental environmental project; requirements; nexus

Notice of violation; hazardous condition; federal agency

Definitions

Relationship to other law; declaration of application

Hazardous materials emergency management program; Arizona emergency response commission; emergency planning and community right-to-know

Emergency planning districts; local emergency planning committees

Comprehensive emergency response plans

Extremely hazardous substances

Facilities subject to emergency planning; facility emergency response plans

Emergency notification of reportable releases

Material safety data sheets

Emergency and hazardous chemical inventory forms

Toxic chemical release forms; definitions

Emergency response fund

Emergency response; immunity

Environmental nuisances

Abatement order; hearing; injunction

Abatement of environmental nuisances

Right to enter premises for inspection or abatement

Definitions

Soil remediation standards; restrictions on property use

Section
49-152.01

Engineering controls; financial assurance

Section
49-152.02

Enforcement of engineering controls; civil penalty

Restrictions on property use; enforcement of engineering and institutional controls

Institutional and engineering control fund; purpose

Definitions

Applicability

Application requirements

Application review and approval

Work plans

Community involvement requirements

Work plan review and approval

Termination and withdrawal

Application fees; reimbursement of costs of review

Modification of work plan

Requests for no further action determination

Approval of remediations for cost recovery

Insurance

Reservation of rights

Appeals and dispute resolution

Rules; no licensing

Voluntary remediation fund

Department access to private property

Greenhouse gas programs; definition

Definitions

Section
49-192.01

Voluntary environmental stewardship program; minimum qualifications

Definitions

Section
49-193.01

Drought mitigation revolving fund; exemption; legislative intent

Section
49-193.02

Drought mitigation board; fingerprinting; conduct of office; audit

Section
49-193.03

Fund administration; expenses

Section
49-193.04

Drought mitigation revolving fund; purposes; exemption; security

Section
49-193.05

Drought mitigation fund financial assistance; procedures

Definitions

Designation of state agency

Section
49-202.01

Surface water quality general grazing permit; best management practices for grazing activities; definition

Powers and duties of the director and department

Gray water reuse

Availability of information to the public

Preservation of rights

Discrimination prohibited

Public participation

Industrial discharges to community sewer systems; registration; fee

Water quality fee fund; appropriation; exemption; monies held in trust

Definitions

Section
49-218.01

Brownfields cleanup revolving loan fund program; eligibility

Section
49-218.02

Brownfields cleanup revolving loan fund

Water quality standards in general; protected surface waters list

Water quality standards for WOTUS

Aquifer water quality standards

Aquifer identification, classification and reclassification

Water quality monitoring

Definitions

Lists of impaired waters; data requirements; rules

Priority ranking and schedule

Total maximum daily loads; implementation plans

Rules

Report

Impact of successful judicial appeal of Arizona department of environmental quality decision

Permit required to discharge

Section
49-241.01

Groundwater protection permit facilities; schedule; definition

Section
49-241.02

Payment for aquifer protection permit fees; definitions

Procedural requirements for individual permits; annual registration of permittees; fee

Information and criteria for issuing individual permit; definition

Section
49-243.01

Presumptive best available demonstrated control technology

Point of compliance

Criteria for issuing general permit

Section
49-245.01

Storm water general permit

Section
49-245.02

General permit for certain discharges associated with man-made bodies of water

Criteria for developing best management practices

Agricultural general permits; best management practices for regulated agricultural activities

Aquifer pollution information

Exemptions

Temporary emergency waiver

Closure notification and approval

Definitions

Section
49-255.01

Arizona pollutant discharge elimination system program; rules and standards; affirmative defense; fees; general permit

Section
49-255.02

Pretreatment program; rules and standards

Section
49-255.03

Sewage sludge program; rules and requirements

Section
49-255.04

Special provisions for discharges to non-WOTUS protected surface waters

Section
49-255.05

Best management practices for activities within non-WOTUS

Adoption and enactment of federal definitions

Section
49-256.01

Dredge and fill permit program; permits; rules; prohibitions; exemptions; exceptions; notice

Section
49-256.02

Compensatory mitigation

Applicability of federal definitions

Section
49-257.01

Underground injection control permit program; permits; prohibitions; rules

Compliance orders; appeal; enforcement

Injunctive relief; civil penalties; recovery of litigation costs; affirmative defense

Criminal violations; classification; definition

Section
49-263.01

Arizona pollutant discharge elimination system program; violation; classification

Section
49-263.02

Sewage sludge program; violation; classification

Private right of action; citizen suits; right to intervene

Venue

Definitions

Water quality assurance revolving fund

Section
49-282.01

Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund; definitions

Section
49-282.02

Water quality assurance revolving fund; emergency response use; definitions

Section
49-282.03

Interim remedial actions; reimbursement of the fund; rules

Section
49-282.04

Cross-contamination inspection; remedial measures

Section
49-282.05

Agreements for work; suspension of remedial action

Section
49-282.06

Remedial action criteria; rules

Responsible party liability exemptions; definitions

Section
49-283.01

Remediated water; liability; definitions

Section
49-283.02

Petroleum liability

Notice; reportable quantities; penalties

Liability for remedial actions costs; limitation of actions

Section
49-285.01

Prospective purchaser agreements; assignment; notice; fees; rules

Mitigation of non-hazardous releases

Enforcement; use of fund; inspections and information gathering; civil penalties

Section
49-287.01

Investigation scoring and site registry; no further action

Section
49-287.02

Responsible party search

Section
49-287.03

Remedial investigation and feasibility study

Section
49-287.04

Proposed remedial action plan; preliminary list of responsible parties; opportunity to comment; record of decision; appeal

Section
49-287.05

Notice of liability allocation; eligibility

Section
49-287.06

Allocation hearing

Section
49-287.07

Actions for allocation and recovery of remedial action costs; limitation of actions

Information gathering and access; enforcement; retaliatory action; civil penalties

Fund financed remedial action; definition

Section
49-289.01

Site boundary adjustment petitions

Section
49-289.02

Community information; public notice and comment

Section
49-289.03

Community involvement plan; community advisory boards; rules

Exemption from permit requirements; definition

Section
49-290.01

Applicability of requirements; Arizona department of water resources

Section
49-290.02

Applicability of Arizona department of water resources requirements; metal mining facilities

Settlement; authority and effect

Section
49-292.01

Qualified business settlements; definition

Section
49-292.02

Financial hardship settlement

Use of monies obtained through consent decrees or litigation

Environmental liens

Settlement agreements

Appealable agency actions; licenses

Definitions

Information submittal

Pesticide evaluation process; reporting requirements

Penalty for groundwater protection data gap

Groundwater protection list; regulation of pesticides on list

Groundwater protection data gap; cancellation of registration

Monitoring and testing

Enforcement

Cancellation of pesticide registration; hearing for reconsideration and continued use

New pesticides; conditional registration; reports

Appeals

Water quality appeals board

Appeals to the board; judicial review

Stay pending appeal; standard of review

Definitions

Registration

Regulation of dry wells; license to drill

Enforcement and penalties; appeals

Rules

Exemption; golf courses

Designation of responsible state agency

Classifying systems and certifying personnel; limitation

Duties of director; rules; prohibited lead use

Section
49-353.01

Duties of director; rules; standards; water supply; definition

Enforcement; violation; classification; compliance orders; judicial review; injunctive relief; civil administrative penalties; civil penalties

Small drinking water systems fund; grants; definition

Water systems; designating lead agency; coordinating council

Joint monitoring and testing

Water system compliance assistance program

Monitoring assistance program for public water systems; fees; monitoring assistance fund; safe drinking water program fund; rules

Sewage treatment plants; operator certification

Calculation of wastewater treatment capacity; gray water; definition

Local stormwater quality programs; authority; limitations; fee; civil penalty; definition

Administrative director; enforcement

Local enforcement of water pretreatment requirements; civil penalties

Declaration of policy

Section
49-401.01

Definitions

State and county control

General permits and individual permits; issuance; definition

State implementation plan

Attainment area designations

Nonattainment area plan

Private right of action; citizen suits

Air quality conformity; definition

Chlorofluorocarbons; permitted use; retaliation prohibited

Voluntary Arizona emissions bank; definitions

Particulate measures; cities, towns, counties, departments; implementation; report

Alternative fuel delivery systems; standardized waivers

Clean burning alternative fuels; public refueling

Definitions

Powers and duties

Duties of department

Rules; hearing

Permits; duties of director; exceptions; applications; objections; fees

Section
49-426.01

Permits; changes within a source; revisions

Section
49-426.02

Permit shield

Section
49-426.03

Enforcement of federal hazardous air pollutant program; definitions

Section
49-426.04

State list of hazardous air pollutants

Section
49-426.05

Designation of sources of hazardous air pollutants

Section
49-426.06

State program for control of hazardous air pollutants

Section
49-426.07

Imminent and substantial endangerment

Grant or denial of applications; revisions

Appeals of permit actions

Permit transfers; notice; appeal

Posting of permit

Notice by building permit agencies

Classification and reporting; confidentiality of records

Special inspection warrant

Hearings on orders of abatement

Conditional orders; standards; rules

Petition for conditional order; publication; public hearing

Decisions on petitions for conditional order; terms and conditions

Term of conditional order; effective date

Suspension and revocation of conditional order

Appeal of county decisions

Court appeals; procedures

Notice of hearing; publication; service

Motor vehicle and combustion engine emission; standards

Limitations

Air quality impact reports; filing

Adjusted work hours

Permit administration fund; exemption

Technical assistance for small business; compliance advisory panel

Agricultural best management practices committee; members; powers; permits; enforcement; preemption; definitions

Section
49-457.01

Leaf blower use restrictions and training; leaf blower equipment sellers; informational material; outreach; applicability

Section
49-457.02

Dust-free developments program; certification; seal

Section
49-457.03

Off-road vehicles; pollution advisory days; applicability; penalties

Section
49-457.04

Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicability

Section
49-457.05

Dust action general permit; best management practices; applicability; definitions

Regional haze program; authority

Section
49-458.01

State implementation plan revision; regional haze; rules

State plan; carbon emissions from power plants

Violations; production of records

Violations; order of abatement

Violations; injunctive relief

Violations; civil penalties

Violation; classification; penalties; definition

Air pollution emergency

Precedence of actions

Preservation of rights

Definitions

Section
49-471.01

Regulatory bill of rights

Section
49-471.02

Fees; express authority

Section
49-471.03

Inspections

Section
49-471.04

Notice of proposed rule or ordinance making

Section
49-471.05

Contents of preamble

Section
49-471.06

Public participation; written statements; oral proceedings

Section
49-471.07

Time and manner of rule or ordinance making

Section
49-471.08

Expedited rule or ordinance making

Section
49-471.09

County rule or ordinance making record

Section
49-471.10

Invalidity of rules or ordinances; prohibited agency action

Section
49-471.11

Substantive policy statements; directory of rules and policy statements

Section
49-471.12

Petition for rule or ordinance making or review of practice or policy

Section
49-471.13

Permitting time frames

Section
49-471.14

Reporting; compliance with time frames

Section
49-471.15

Administrative appeals

Section
49-471.16

Waiver

Department studies

Board of supervisors

County control boards

Section
49-474.01

Additional board duties in vehicle emissions control areas; definitions

Section
49-474.02

Voluntary lawn and garden equipment emissions reduction program; criteria

Section
49-474.05

Dust control; training; site coordinators

Section
49-474.06

Dust control; subcontractor registration; fee

Section
49-474.07

Voluntary diesel equipment retrofit program; criteria; inventory; permits

Powers and duties

Authorization to accept funds or grants

Section
49-476.01

Monitoring

Advisory council

Hearing board

Rules; hearing

Permits; fees

Section
49-480.01

Permits; changes within a source; revisions

Section
49-480.02

Appeals of permit actions

Section
49-480.03

Federal hazardous air pollutant program; date specified by administrator; prohibition

Section
49-480.04

County program for control of hazardous air pollutants

Grant or denial of applications

Appeals to hearing board

Permit transfers; notice; appeal

Expiration of permit

Posting of permit

Notice by building permit agencies

Classification and reporting; confidentiality of records

Special inspection warrant

Hearings on orders of abatement

Conditional orders; standards; rules

Petition for conditional order; publication; public hearing

Decisions on petitions for conditional order; terms and conditions

Term of conditional order; effective date

Suspension and revocation of conditional order

Decisions of hearing board; subpoenas; effective date

Declaratory judgment

Section
49-497.01

Judicial review of hearing board or administrative law judge decisions

Section
49-497.02

Judicial review of appealable agency action not subject to review by hearing board or administrative law judge

Notice of hearing; publication; service

Unlawful open burning; exceptions; civil penalty; definition

Violation; classification

Defenses

Limitations

Voluntary no-drive days

Technical assistance to small businesses

Violations; production of records

Violations; order of abatement

Violations; injunctive relief

Violations; civil penalties

Violation; classification; definition

Precedence of actions

Preservation of rights

Definitions

Emissions inspection program; powers and duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition

Version 2 - Emissions inspection program; powers and duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition

Section
49-542.02

Mechanic education program

Section
49-542.03

Motor vehicle dealer; emissions testing; remedies; definition

Section
49-542.03

Version 2 - Motor vehicle dealer; emissions testing; remedies; definition

Section
49-542.04

Off-road vehicle and engine standards

Section
49-542.05

Alternative fuel vehicles

Emissions inspection costs; disposition; fleet inspection; certificates

Emissions inspection fund; composition; authorized expenditures; exemptions; investment

Agreement with independent contractor; qualifications of contractor; agreement provisions

Fleet emissions inspection stations; certificates of inspection; dealer's inventory; investigations; revocation or suspension of permit

Authority of director to acquire enforcement equipment

Improper representation

False certificates

Violation; classification; civil penalty

Air quality fee; air quality fund; purpose

Section
49-551.01

Diesel vehicle low emissions incentive grants; criteria

Enforcement on city, town, county, school district or special district property

Vehicle emissions; research; cost analysis

Technical assistance review

Retrofit of diesel vehicles

Low emission vehicle program

Government vehicles; emissions inspections; noncompliance; vehicle operation privilege suspension

Voluntary accelerated purchase of tier 2 and 3 equipment; definitions

Section
49-558.01

Voluntary implementation of ultra low sulfur diesel fuel; definition

Section
49-558.02

Voluntary vehicle repair and retrofit program; criteria; fund; report

Clean burning or alternative fuel requirements for new buses; definitions

Joint use of clean burning or alternative fuel refueling stations

Emissions controls; federal vehicles

Definitions

Travel reduction program regional task force; composition

Duties and powers of the task force

Staff duties

Voluntary participation

Requirements for major employers

Variances

Requirements for high schools, community colleges and universities

Exemptions

Appeals

Violations; civil penalties

Definitions

Section
49-701.01

Definition of solid waste; exemptions

Section
49-701.02

Exemptions from definition of solid waste; soils; seller's duty to disclose

Authorization to accept funds or grants

Joint operation

Applicability of chapter to local regulations and services

Integration of solid waste programs

Waste programs general permits; rules

Statewide solid waste management plan

Planning and technical assistance

Research and development

Distribution of appropriated funds to local governments

Local public facilities for solid waste management

User fees

Commercial permits

Salvaging

Ownership of solid waste

Private enterprise recycling and solid waste management; definitions

Annual registration of solid waste landfills; fee; disposition of revenue

Rulemaking authority for solid waste facilities; exemption; financial assurance; recycling facilities

Facilities requiring solid waste facility plans; exemption

Section
49-762.01

Facilities requiring self-certification

Section
49-762.02

Facilities subject to best management practices; rules

Section
49-762.03

Solid waste facility plan approval

Section
49-762.04

Solid waste facility plan review procedures

Section
49-762.05

Self-certification procedures; rules

Section
49-762.06

Changes to solid waste facilities and amended plans

Section
49-762.07

Notices; exemptions; extensions; enforcement; operating standards

Section
49-762.08

Corrective actions; application

Inspections

Section
49-763.01

Variances

Orders; monitoring; pollution control devices

Local regulation of solid waste collection

Agricultural landfills; notice

Government owned solid waste facilities; permission; notice of site to property owners; hearing; exemption

Civil penalties

Agency orders; appeal

Financial assurance requirements for solid waste facilities

Restrictive covenants for solid waste landfills

Location restrictions for solid waste landfills; definitions

Disposal of waste; definition

Landfill washout; abatement costs; definitions

Compliance orders; appeal; enforcement

Actions on approval to operate

Injunctive relief; civil penalties; costs

Venue

Agency orders; appeal

Violation; classification; penalties

Definitions

Federal used oil program; incorporation by reference; rule making

Prohibited practices

Violation; classification

Violation; civil penalty

Compliance orders; injunctive relief

Program of education

Enforcement powers of the director and inspectors

Definitions

Administration and enforcement by department of environmental quality; powers and duties

Public education

Recycling of plastics; labels

Solid waste landfill disposal fees

Recycling fund; use; advisory committee

Definitions; applicability

Statutory list of special wastes; best management practices rules; applicability of hazardous waste designation

Designation of special wastes; criteria; notice; rules

Best management practices; fee; criteria

Special waste handling requirements; manifest; exemption

Special waste management plans; director; approval; fee

Section
49-857.01

Plan; approval; deadline; judicial review

Interim use facilities; special waste

Application to water quality permits

Annual reporting requirements; inspections

Violation; classification; civil penalty

Compliance orders; injunctive relief

Special waste management fee; exemption

Inspections

Orders; monitoring; pollution control devices

Agency orders; appeal

Solid waste fee fund; uses; exemption

Definitions

Definitions

Department rules and standards; prohibited permittees

Section
49-922.01

Hazardous waste manifest errors; penalty; disposition of monies

Compliance orders; civil penalties; injunctive relief

Violations; civil penalty

Violation; classification; definition

Enforcement

Hazardous waste management fund

Availability of information to the public

Annual registration of hazardous waste treatment, storage and disposal facilities, transporters and generators; fee; disposition of revenue

Annual registration of hazardous waste resource recovery facilities; fee; maximum annual payment of fees and taxes; disposition of revenue; definitions

Hazardous waste fees; definitions

Hazardous waste fuel penalty; disposition of revenue

Hazardous waste facilities; notice of site to property owners; time and area requirements

Site selection by political subdivision; hearing; notice

Agency grant of final permit; prerequisites

Exemption

Definitions

Toxic data report; progress report; exemption

Pollution prevention plan; progress report; exemption

Review of reports and plans; enforcement; contempt

Pollution prevention technical assistance program

Availability of information to the public

Consumer product information

Pollution prevention plan for state agencies; definition

Toxic data report; progress report

Section
49-1001

Definitions

Section
49-1001.01

Definition of owner; rules

Section
49-1002

Notification requirements; exemptions

Section
49-1003

Detection of releases; record keeping requirements

Section
49-1004

Reporting requirements

Section
49-1005

Corrective action

Section
49-1006

Statement of financial responsibility

Section
49-1006.01

Insurance for releases; termination; notice; coverage; assistance

Section
49-1006.02

Insurance primacy; requirements; fund access

Section
49-1007

Liability of guarantors

Section
49-1008

Closure

Section
49-1009

Tank performance standards

Section
49-1010

Preemption of local regulation; delegation of administrative authority

Section
49-1011

Right to inspect records, tanks and equipment

Section
49-1012

Confidentiality of records

Section
49-1013

Enforcement and penalties

Section
49-1014

Rules; policies; guidelines

Section
49-1015

Underground storage tank revolving fund; use; purpose

Section
49-1016

Responsibilities of owners and operators

Section
49-1017

Powers of director; corrective actions

Section
49-1017.01

Settlement authority; participation; financial information; process; payment; notice

Section
49-1017.02

Powers of the director; noncorrective actions

Section
49-1018

Corrective action; enforcement; priority

Section
49-1019

Release of regulated substance; causes of action; limitation; liability

Section
49-1020

Fees

Section
49-1021

Applicability

Section
49-1022

Regulated substance migration off site; responsibility; corrective action; notice; appeal; coverage

Section
49-1023

Delivery prohibition; stop use tag; definitions

Section
49-1024

Report; underground storage tank revolving fund program

Section
49-1031

Imposition of tax

Section
49-1031.01

Underground storage tank excise tax; legislative review

Section
49-1032

Return and payment of tax; due date

Section
49-1033

Extensions; abatement

Section
49-1034

Audits

Section
49-1035

Interest; penalty; lien

Section
49-1036

Remission and disposition of revenues

Section
49-1051

Preapproval process; requirements; corrective action priority

Section
49-1052

Noncorrective actions; baseline assessment

Section
49-1053

Reimbursement of corrective action costs; definition

Section
49-1054

Extent of reimbursement

Section
49-1055

Extent of reimbursement; termination of eligibility

Section
49-1056

Lien rights; unrecovered corrective action costs

Section
49-1057

Intergovernmental agreements

Section
49-1071

Noncorrective action tank site improvement; purposes; priority

Section
49-1081

Definitions

Section
49-1082

Certification of underground storage tank service providers; rules; suspension or revocation of certification

Section
49-1083

Designation; training; record keeping requirements; rules

Section
49-1091

Underground storage tank informal appeals

Section
49-1091.01

Fee and cost reimbursement; application; limitations

Section
49-1101

Definitions

Section
49-1102

Shielding of outdoor light fixtures; exemptions

Section
49-1103

Nonconforming light fixtures

Section
49-1104

Use of mercury vapor light fixtures

Section
49-1105

Airport lighting

Section
49-1106

Exemption of cities, towns and counties

Section
49-1201

Definitions

Section
49-1202

Water infrastructure finance authority of Arizona

Section
49-1203

Powers and duties of authority; definition

Section
49-1204

Annual audit and report

Section
49-1221

Clean water revolving fund

Section
49-1222

Clean water revolving fund; administration

Section
49-1223

Clean water revolving fund; purposes; capitalization grants

Section
49-1224

Clean water revolving fund financial assistance; procedures; rules

Section
49-1225

Clean water revolving fund financial assistance; terms

Section
49-1226

Enforcement; attorney general

Section
49-1241

Drinking water revolving fund

Section
49-1242

Drinking water revolving fund; administration; capitalization grant transfer account

Section
49-1243

Drinking water revolving fund; purposes; capitalization grants

Section
49-1244

Drinking water revolving fund financial assistance; procedures

Section
49-1245

Drinking water revolving fund financial assistance; terms

Section
49-1246

Enforcement; attorney general

Section
49-1261

Water quality bonds

Section
49-1262

Water quality bonds; purpose

Section
49-1263

Bond obligations of the authority

Section
49-1264

Certification of bonds by attorney general

Section
49-1265

Water quality bonds as legal investments

Section
49-1266

Agreement of state

Section
49-1267

Hardship grant fund

Section
49-1268

Hardship grant financial assistance

Section
49-1269

Short-term emergency loan agreements; conditions

Section
49-1271

Water supply development revolving fund; legislative intent

Section
49-1272

Water supply development revolving fund; administration

Section
49-1273

Water supply development revolving fund; purposes; limitation

Section
49-1274

Water supply development revolving fund financial assistance; procedures

Section
49-1275

Water supply development revolving fund financial assistance; terms

Section
49-1276

Enforcement; attorney general

Section
49-1277

Water supply development bonds

Section
49-1278

Water supply development bonds; purpose

Section
49-1279

Bond obligations of the authority

Section
49-1280

Certification of bonds by attorney general

Section
49-1281

Water supply development bonds as legal investments

Section
49-1282

Agreement of state

Section
49-1301

Definition of natural gas storage facility

Section
49-1302

Natural gas storage facilities; limitation

Section
49-1303

Exemption of political subdivisions

Section
49-1401

Definitions

Section
49-1402

Audit report; contents

Section
49-1403

Privilege

Section
49-1404

Exception; waiver; violation; classification

Section
49-1405

Exception; disclosure required by court or administrative hearing official

Section
49-1406

Nonprivileged materials

Section
49-1407

Review of privileged document by governmental authority

Section
49-1408

Construction; no immunity