Title 49 — The Environment

A. The control officer shall deny a permit or revision if the applicant does not show that every such source is so designed, controlled, or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air …

A. Within thirty days after notice is given by the control officer of approval or denial of a permit, permit revision or conditional order, the applicant and any person who filed a comment on the permit or permit revision pursuant to section 49-480, subsection B and section 49-42…

A. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another, or from one piece of equipment to another. B. The provisions of subsection A shall not apply to mobile or portable machinery or equipment which is transferred fro…

An installation permit shall expire two years from the date of its issuance.

A person who has been granted an operating permit, shall firmly affix such permit, an approved facsimile of such permit, or other approved identification bearing the permit number upon such machine, equipment, incinerator, device or other article for which the operating permit is…

All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an installation permit will possibly be required under the provisions of section 49-480. If it appears possible that such installati…

A. The board of supervisors by rules which are equal to or more restrictive than those adopted by the director of environmental quality shall classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and s…

A. The control officer and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties involving inspection of real or personal property including buildings, building premises and building contents for the purpose of…

A. An order of abatement issued by the control officer shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to section 49-511 unless the person or persons named in such order shall have made a timely request …

A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of this article, any rule adopted pursuant to this article, or any requirement of a permit issued pursuant to this article if the control …

A. A person who seeks a conditional order shall file a petition with the control officer. B. If the issuance of the conditional order requires a public hearing, the control officer shall set a hearing date within thirty days after the filing of the petition. The hearing date shal…

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 sixty days after the filing of the petition, the control officer shall deny the petition or grant the petition on such terms and conditions a…

A. A conditional order issued by the control officer shall be valid for such period as the control officer prescribes but in no event for more than one year in the case of a source that is required to obtain a permit pursuant to this article and title V of the clean air act, and …

If the terms and conditions of the conditional order are being violated, the control officer may seek to revoke or suspend the conditional order granted. In such event, the control officer shall serve notice of such violation on the holder of the conditional order in the manner p…

A. All decisions of the hearing board, including the majority of opinion and all concurring and dissenting opinions, shall be in writing and shall be of public record. B. A majority of the total membership of the hearing board shall concur in a decision for it to have effect. C. …

Any person who is or may be affected by a county rule or ordinance pursuant to this article may obtain a judicial declaration of the validity or construction of the rule or ordinance by filing an action for declaratory relief in superior court in accordance with title 12, chapter…

A. Except as provided in this section, a hearing board decision or a decision of an administrative law judge in lieu of a hearing board is subject to judicial review pursuant to title 12, chapter 7, article 6. B. Within thirty days after service of notice of a final decision or o…

A. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against a control officer alleging that the control officer has failed to act in a timely manner as provided in section 49-480, subsection B and section 49-426, sub…

A. Any notice of hearing required by this article shall be given by publication of a notice of hearing for at least two times in a newspaper of general circulation published in the county concerned or if there is no such newspaper published in the county, in a newspaper of genera…

A. Notwithstanding the provisions of any other section of this article: 1. It is unlawful for any person to ignite, cause to be ignited, permit to be ignited, or suffer, allow, or maintain any open outdoor fire except as provided in this section. 2. From May 1 through September 3…

A. Any person who violates any provision of this article, any rule adopted pursuant to this article or any effective order of abatement, permit or permit condition issued pursuant to this article is guilty of a class 1 misdemeanor for each day the violation continues unless anoth…

Violations under section 49-502 shall be malum prohibitum. Lack of criminal intent shall not constitute a defense to such violations.

Nothing in this article shall be construed so as to: 1. Grant any jurisdiction or authority with respect to air contamination or pollution existing solely within commercial and industrial plants, works, or shops owned by or under control of the person causing the air contaminatio…

A county with a population of four hundred thousand or more persons according to the most recent United States decennial census shall implement a voluntary program to encourage all drivers within such a county to not drive their motor vehicles during certain prescribed days.

Not later than August 15, 1993, after reasonable notice and a public hearing, the control officer shall submit to the director a plan that establishes a small business stationary source technical and compliance assistance program consistent with and equivalent to that required un…

When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article, he may request, in writing, that su…

A. When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article, the control officer may serve up…

The county attorney, at the request of the control officer, shall file an action for a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief provided by law, if the control officer has reasonable cause to believe that any of the followi…

A. A person who violates any provision of this article, any permit or permit condition issued pursuant to this article, any fee or filing requirement, any rule adopted pursuant to this article, an effective order of abatement issued pursuant to this article or any duty to allow o…

From and after October 31, 1994: A. A person who knowingly releases into the ambient air any extremely hazardous substance listed pursuant to 42 U.S.C. section 11002(a)(2) or any hazardous air pollutant and who knows at the time that he thereby places another person in imminent d…

For the benefit of the people of the state, court actions and proceedings brought under this article shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.

It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control air pollution in the state. Except as prescribed by section 49-402, subsection C, nothing contained in this article shall be construed to abridge or alter rights of actio…

In this article, unless the context otherwise requires: 1. "Area A" means the area delineated as follows: (a) In Maricopa county: Township 8 north, range 2 east and range 3 east Township 7 north, range 2 west through range 5 east Township 6 north, range 5 west through range 6 eas…

(L25, Ch. 122, sec. 1) A. The director shall administer a comprehensive annual or biennial emissions inspection program that shall require the inspection of vehicles in this state pursuant to this article and applicable administrative rules. Such inspection is required for vehicl…

(L25, Ch. 122, sec. 2; Conditionally Eff.) A. The director shall administer a comprehensive annual or biennial emissions inspection program that shall require the inspection of vehicles in this state pursuant to this article and applicable administrative rules. Such inspection is…

The director shall establish an education program for motor vehicle mechanics for the inspection and maintenance provisions used in vehicle emissions control in area A.

(L14, Ch. 89, sec. 4) A. In area A or area B, if a motor vehicle dealer sells a motor vehicle that has less than one year remaining before it must undergo an emissions test or has not taken an emissions test pursuant to section 49-542 and that is not covered under a current feder…

(L21, Ch. 27, sec. 4. Conditionally eff. A. In area A or area B, if a motor vehicle dealer sells a motor vehicle that has less than one year remaining before it must undergo an emissions test or has not taken an emissions test pursuant to section 49-542 and that is not covered un…

A. The department may adopt rules for air pollution emission standards for off-road vehicles and engines marketed in the state beginning with the 1999 model year. B. The standards may include the following categories: 1. Heavy-duty diesel vehicles rated at 175-750 horsepower. 2. …

A. Except for a vehicle fueled by hydrogen, the following apply: 1. Each original equipment manufactured alternative fuel vehicle that is registered in or used to commute into area A or area B pursuant to section 49-542, subsection A is subject to the emissions inspection require…

(L24, Ch. 150, sec. 6. Conditionally Eff.) A. The director shall administer a comprehensive annual or biennial emissions inspection program that shall require the inspection of vehicles in this state pursuant to this article and applicable administrative rules. Such inspection is…

A. The director shall fix, regulate and alter in accordance with this section the fees required to be paid for the full costs of the vehicle emissions inspection program pursuant to this article including administration, implementation and enforcement. B. Except as provided in se…

A. The emissions inspection fund is established and is subject to legislative appropriation. The emissions inspection fund shall consist of: 1. Monies appropriated to the fund by the legislature. 2. All monies collected pursuant to section 49-543, subsection A. 3. All monies coll…

A. The director is authorized to enter into an emissions inspection agreement with one or more independent contractors, subject to public bidding, to provide for the construction, equipment, establishment, maintenance and operation of any official emissions inspection stations in…

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 a fleet emissions inspection station. The director shall not issue any fleet emissions inspection station permit until the director has found that the…

The director may acquire in the name of the state by purchase, donation, dedication or other lawful means any special equipment, tools, materials or facilities needed to adequately administer or enforce the provisions of this article.

A. A person shall not in any manner represent any place to be an official or fleet emissions inspection station unless such station has been established and is operated under a valid permit issued by the director. B. A certificate of inspection shall not be issued to any vehicle …

A. A person shall not make, issue or knowingly use any imitation or counterfeit of an official certificate of inspection or a certificate of waiver. B. A person shall not issue or cause or permit to be issued for any vehicle any certificate of inspection or a certificate of waive…

A. Except as provided in subsection B of this section, any person who violates any provision of this article or any rule of the director adopted under this article is guilty of a class 2 misdemeanor. B. Any person who makes or issues any imitation or counterfeit of an official ce…

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 registration fee, an annual air quality fee at the time of vehicle registration of $1.50. Unless and until the United States environmental protectio…