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Arizona
Law
Arizona Revised Statutes
Title 49Arizona Revised Statutes Title 49
The Environment
| Chapter 1 | GENERAL PROVISIONS |
| Article 1 | Department of Environmental Quality |
| 49-101 | Definitions |
| 49-102 | Department of environmental quality; director; deputy director; division directors; divisions |
| 49-103 | Department employees; legal counsel |
| 49-104 | Powers and duties of the department and director |
| 49-106 | Statewide application of rules |
| 49-107 | Local delegation of state authority |
| 49-108 | Hazardous materials emergency response operations |
| 49-109 | Certificate of disclosure of violations; definition; remedies |
| 49-110 | Compliance order; hearing; judicial review; enforcement |
| 49-111 | Permit application; plan approval; notice to counties, cities or towns |
| 49-112 | County regulation; standards |
| 49-113 | Fees; unpaid amounts; penalties; audits |
| 49-114 | Appeals of agency decisions |
| 49-115 | Indirect cost fund; use; exemption |
| 49-116 | Informal appeals of agency decisions; technical appeals program fund; definitions |
| Article 2 | Commission on the Arizona Environment |
| Article 3 | Environmental Nuisances |
| 49-141 | Environmental nuisances |
| 49-142 | Abatement order; hearing; injunction |
| 49-143 | Abatement of environmental nuisances |
| 49-144 | Right to enter premises for inspection or abatement |
| Article 4 | Remediation Standards |
| 49-151 | Definitions |
| 49-152 | Soil remediation standards; restrictions on property use |
| 49-152.01 | Engineering controls; financial assurance |
| 49-152.02 | Enforcement of engineering controls; civil penalty |
| 49-153 | Greenfields pilot program; eligibility |
| 49-154 | Greenfields pilot program; public notice; site cleanup; permit exemptions; no further action; rules; fees |
| 49-155 | Greenfields pilot program; audit |
| 49-157 | Greenfields program fund; exemption from lapsing; repayment |
| 49-158 | Restrictions on property use; enforcement of engineering and institutional controls |
| 49-159 | Institutional and engineering control fund; purpose |
| Article 5 | Voluntary Remediation Program |
| 49-171 | Definitions |
| 49-172 | Applicability |
| 49-173 | Application requirements |
| 49-174 | Application review and approval |
| 49-175 | Work plans |
| 49-176 | Community involvement requirements |
| 49-177 | Work plan review and approval |
| 49-178 | Termination and withdrawal |
| 49-179 | Application fees; reimbursement of costs of review |
| 49-180 | Modification of work plan |
| 49-181 | Requests for no further action determination |
| 49-182 | Approval of remediations for cost recovery |
| 49-183 | Insurance |
| 49-184 | Reservation of rights |
| 49-185 | Appeals and dispute resolution |
| 49-186 | Rules; program termination; no licensing |
| 49-187 | Voluntary remediation fund |
| 49-188 | Department access to private property |
| Chapter 2 | WATER QUALITY CONTROL |
| Article 1 | General Provisions |
| 49-201 | Definitions |
| 49-202 | Designation of state agency |
| 49-202.01 | Surface water quality general grazing permit; best management practices for grazing activities; definition |
| 49-202.02 | Grazing best management practices advisory committee |
| 49-203 | Powers and duties of the director and department |
| 49-205 | Availability of information to the public |
| 49-206 | Preservation of rights |
| 49-207 | Discrimination prohibited |
| 49-208 | Public participation |
| 49-209 | Industrial discharges to community sewer systems; registration; fee |
| 49-210 | Water quality fee fund; appropriation; exemption |
| Article 1.1 | Brownfields Cleanup Revolving Loan Fund Program |
| 49-218 | Definitions |
| 49-218.01 | Brownfields cleanup revolving loan fund program; eligibility |
| 49-218.02 | Brownfields cleanup revolving loan fund |
| Article 2 | Water Quality Standards |
| 49-221 | Water quality standards in general |
| 49-222 | Water quality standards for navigable waters |
| 49-223 | Aquifer water quality standards |
| 49-224 | Aquifer identification, classification and reclassification |
| 49-225 | Water quality monitoring |
| Article 2.1 | Total Maximum Daily Loads |
| 49-231 | Definitions |
| 49-232 | Lists of impaired waters; data requirements; rules |
| 49-233 | Priority ranking and schedule |
| 49-234 | Total maximum daily loads; implementation plans |
| 49-235 | Rules |
| 49-236 | Report |
| 49-237 | Impact of successful judicial appeal of Arizona department of environmental quality decision |
| 49-238 | Program termination |
| Article 3 | Aquifer Protection Permits |
| 49-241 | Permit required to discharge |
| 49-241.01 | Groundwater protection permit facilities; schedule; definition |
| 49-241.02 | Maximum payment for aquifer protection permit fees; definitions |
| 49-242 | Procedural requirements for individual permits; annual registration of permittees; fee |
| 49-243 | Information and criteria for issuing individual permit; definition |
| 49-243.01 | Presumptive best available demonstrated control technology |
| 49-244 | Point of compliance |
| 49-245 | Criteria for issuing general permit |
| 49-245.01 | Storm water general permit |
| 49-245.02 | General permit for certain discharges associated with man-made bodies of water |
| 49-246 | Criteria for developing best management practices |
| 49-247 | Agricultural general permits; best management practices for regulated agricultural activities |
| 49-248 | Agricultural best management practices advisory committees |
| 49-249 | Aquifer pollution information |
| 49-250 | Exemptions |
| 49-251 | Temporary emergency waiver |
| 49-252 | Closure notification and approval |
| Article 3.1 | Arizona Pollutant Discharge Elimination System Program |
| 49-255 | Definitions |
| 49-255.01 | Arizona pollutant discharge elimination system program; rules and standards; affirmative defense; exemption from termination |
| 49-255.02 | Pretreatment program; rules and standards |
| 49-255.03 | Sewage sludge program; rules and requirements |
| Article 4 | Enforcement |
| 49-261 | Compliance orders; appeal; enforcement |
| 49-262 | Injunctive relief; civil penalties; recovery of litigation costs |
| 49-263 | Criminal violations; classification; civil penalties; definition |
| 49-263.01 | Arizona pollutant discharge elimination system program; violation; classification |
| 49-263.02 | Sewage sludge program; violation; classification |
| 49-264 | Private right of action; citizen suits |
| 49-265 | Venue |
| Article 5 | Remedial Actions |
| 49-281 | Definitions |
| 49-282 | Water quality assurance revolving fund |
| 49-282.01 | Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund; definitions |
| 49-282.02 | Water quality assurance revolving fund; emergency response use; definitions |
| 49-282.03 | Interim remedial actions; reimbursement of the fund; rules |
| 49-282.04 | Cross-contamination inspection; remedial measures |
| 49-282.05 | Agreements for work; suspension of remedial action |
| 49-282.06 | Remedial action criteria; rules |
| 49-283 | Responsible party liability exemptions; definitions |
| 49-283.01 | Remediated water; liability; definitions |
| 49-283.02 | Petroleum liability |
| 49-284 | Notice; reportable quantities; penalties |
| 49-285 | Liability for remedial actions costs; limitation of actions |
| 49-285.01 | Prospective purchaser agreements; assignment; notice; fees; rules |
| 49-286 | Mitigation of non-hazardous releases |
| 49-287 | Enforcement; use of fund; inspections and information gathering; civil penalties |
| 49-287.01 | Investigation scoring and site registry; no further action |
| 49-287.02 | Responsible party search |
| 49-287.03 | Remedial investigation and feasibility study |
| 49-287.04 | Proposed remedial action plan; preliminary list of responsible parties; opportunity to comment; record of decision; appeal |
| 49-287.05 | Notice of liability allocation; eligibility |
| 49-287.06 | Allocation hearing |
| 49-287.07 | Actions for allocation and recovery of remedial action costs; limitation of actions |
| 49-288 | Information gathering and access; enforcement; retaliatory action; civil penalties |
| 49-289 | Fund financed remedial action; definition |
| 49-289.01 | Site boundary adjustment petitions; rules |
| 49-289.02 | Community information; public notice and comment |
| 49-289.03 | Community involvement plan; community advisory boards; rules |
| 49-289.04 | Water quality assurance revolving fund advisory board; definitions |
| 49-289.05 | Water quality assurance revolving fund advisory board; evaluation; report |
| 49-290 | Exemption from permit requirements; definition |
| 49-290.01 | Applicability of requirements; Arizona department of water resources |
| 49-292 | Settlement; authority and effect |
| 49-292.01 | Qualified business settlements; definition |
| 49-292.02 | Financial hardship settlement |
| 49-294 | Use of monies obtained through consent decrees or litigation |
| 49-295 | Environmental liens |
| 49-296 | Settlement agreements |
| 49-298 | Appealable agency actions; licenses |
| Article 6 | Pesticide Contamination Prevention |
| 49-301 | Definitions |
| 49-302 | Information submittal |
| 49-303 | Pesticide evaluation process; reporting requirements |
| 49-304 | Penalty for groundwater protection data gap |
| 49-305 | Groundwater protection list; regulation of pesticides on list |
| 49-306 | Groundwater protection data gap; cancellation of registration |
| 49-307 | Monitoring and testing |
| 49-308 | Enforcement |
| 49-309 | Cancellation of pesticide registration; hearing for reconsideration and continued use |
| 49-310 | New pesticides; conditional registration; reports |
| Article 7 | Water Quality Appeals |
| 49-321 | Appeals |
| 49-322 | Water quality appeals board |
| 49-323 | Appeals to the board; judicial review |
| 49-324 | Stay pending appeal; standard of review |
| Article 8 | Dry Wells |
| 49-331 | Definitions |
| 49-332 | Registration |
| 49-333 | Regulation of dry wells; license to drill |
| 49-334 | Enforcement and penalties; appeals |
| 49-335 | Rules |
| 49-336 | Exemption; golf courses |
| Article 9 | Potable Water Systems |
| 49-351 | Designation of responsible state agency |
| 49-352 | Classifying systems and certifying personnel; limitation |
| 49-353 | Duties of director; rules; prohibited lead use |
| 49-353.01 | Duties of director; rules; standards; water supply |
| 49-354 | Enforcement; violation; classification; compliance orders; judicial review; injunctive relief; civil administrative penalties; civil penalties |
| 49-355 | Small water systems fund |
| 49-356; Version 2 | Water systems; designating lead agency; coordinating council |
| 49-356 | Water systems; designating lead agency; coordinating council |
| 49-357 | Joint monitoring and testing |
| 49-358 | Water system compliance assistance program |
| 49-359 | Interim monitoring relief |
| 49-360 | Monitoring assistance program for public water systems; monitoring assistance fund; rules |
| Article 10 | Sewage Treatment Plants |
| 49-361 | Sewage treatment plants; operator certification |
| Article 12 | Local Water Pretreatment |
| 49-391 | Local enforcement of water pretreatment requirements; civil penalties |
| Chapter 3 | AIR QUALITY |
| Article 1 | General Provisions |
| 49-401 | Declaration of policy |
| 49-401.01 | Definitions |
| 49-402 | State and county control |
| 49-404 | State implementation plan |
| 49-405 | Attainment area designations |
| 49-406 | Nonattainment area plan |
| 49-407 | Private right of action; citizen suits |
| 49-408 | Air quality conformity; definition |
| 49-409 | Chlorofluorocarbons; permitted use; retaliation prohibited |
| 49-410 | Arizona emissions bank; program termination |
| 49-412 | Alternative fuel delivery systems; standardized waivers |
| 49-413 | Clean burning alternative fuels; public refueling |
| Article 2 | State Air Pollution Control |
| 49-421 | Definitions |
| 49-422 | Powers |
| 49-424 | Duties of department |
| 49-425 | Rules; hearing |
| 49-426 | Permits; duties of director; exceptions; applications; objections; fees |
| 49-426.01 | Permits; changes within a source; revisions |
| 49-426.02 | Permit shield |
| 49-426.03 | Enforcement of federal hazardous air pollutant program; definitions |
| 49-426.04 | State list of hazardous air pollutants |
| 49-426.05 | Designation of sources of hazardous air pollutants |
| 49-426.06 | State program for control of hazardous air pollutants |
| 49-426.07 | Imminent and substantial endangerment |
| 49-426.08 | Research program on hazardous air pollutants |
| 49-427 | Grant or denial of applications; revisions |
| 49-428 | Appeals of permit actions |
| 49-429 | Permit transfers; notice; appeal |
| 49-430 | Posting of permit |
| 49-431 | Notice by building permit agencies |
| 49-432 | Classification and reporting; confidentiality of records |
| 49-433 | Special inspection warrant |
| 49-435 | Hearings on orders of abatement |
| 49-437 | Conditional orders; standards; rules |
| 49-438 | Petition for conditional order; publication; public hearing |
| 49-439 | Decisions on petitions for conditional order; terms and conditions |
| 49-440 | Term of conditional order; effective date |
| 49-441 | Suspension and revocation of conditional order |
| 49-442 | Appeal of county decisions |
| 49-443 | Court apppeals; procedures |
| 49-444 | Notice of hearing; publication; service |
| 49-447 | Motor vehicle and combustion engine emission; standards |
| 49-448 | Limitations |
| 49-453 | Air quality impact reports; filing |
| 49-454 | Adjusted work hours |
| 49-455 | Permit administration fund |
| 49-456 | Technical assistance for small business; compliance advisory panel |
| 49-457 | Agricultural best management practices committee; members; powers; permits; definitions |
| 49-458 | Regional haze program; authority |
| 49-458.01 | State implementation plan revision; regional haze; rules |
| 49-460 | Violations; production of records |
| 49-461 | Violations; order of abatement |
| 49-462 | Violations; injunctive relief |
| 49-463 | Violations; civil penalties |
| 49-464 | Violation; classification; penalties; definition |
| 49-465 | Air pollution emergency |
| 49-466 | Precedence of actions |
| 49-467 | Preservation of rights |
| Article 3 | County Air Pollution Control |
| 49-471 | Definitions |
| 49-471.01 | Regulatory bill of rights |
| 49-471.02 | Fees; express authority |
| 49-471.03 | Inspections |
| 49-471.04 | Notice of proposed rule or ordinance making |
| 49-471.05 | Contents of preamble |
| 49-471.06 | Public participation; written statements; oral proceedings |
| 49-471.07 | Time and manner of rule or ordinance making |
| 49-471.08 | Expedited rule or ordinance making |
| 49-471.09 | County rule or ordinance making record |
| 49-471.10 | Invalidity of rules or ordinances; prohibited agency action |
| 49-471.11 | Substantive policy statements; directory of rules and policy statements |
| 49-471.12 | Petition for rule or ordinance making or review of practice or policy |
| 49-471.13 | Permitting time frames |
| 49-471.14 | Reporting; compliance with time frames |
| 49-471.15 | Administrative appeals |
| 49-471.16 | Waiver |
| 49-472 | Department studies |
| 49-473 | Board of supervisors |
| 49-474 | County control boards |
| 49-474.01 | Additional board duties in vehicle emissions control areas; definitions |
| 49-474.02 | Voluntary lawn and garden equipment emissions reduction program; voluntary lawn and garden equipment emissions reduction fund; criteria |
| 49-474.03 | Voluntary vehicle repair and retrofit program; criteria; fund; report |
| 49-474.04 | Voluntary vehicle repair and retrofit program advisory committee |
| 49-475 | Powers and duties |
| 49-476 | Authorization to accept funds or grants |
| 49-476.01 | Monitoring |
| 49-477 | Advisory council |
| 49-478 | Hearing board |
| 49-479 | Rules; hearing |
| 49-480 | Permits; fees |
| 49-480.01 | Permits; changes within a source; revisions |
| 49-480.02 | Appeals of permit actions |
| 49-480.03 |