Title 49 — The Environment

A. The director shall enter into a settlement under this article and section 107 of CERCLA with a person that qualifies pursuant to this section without regard to the extent of its liability except for a person whose liability under this article arose from criminal acts. B. An ap…

A. The director shall consider any offer by a person who may be potentially liable for remedial action costs under this article or section 107(a) of CERCLA without regard to the extent of that person's liability. In order to obtain a settlement under this section, a person must d…

A. All monies obtained by the director as the result of a settlement entered into pursuant to this article or through filing an action in state or federal court under this article or under CERCLA shall be deposited, pursuant to sections 35-146 and 35-147. Monies recovered pursuan…

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 by the state for remedial action, all remedial action costs for which a person is liable to the state for the remedial actions conducted …

A settlement agreement made pursuant to this article may provide that the director shall reimburse a party to the agreement from the fund for the costs of specific remedial actions that the party has agreed to perform. In appropriate cases, the director may make reasonable effort…

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 except for the following: 1. A determination by the director that a person does not qualify for a settlement pursuant to section 49-292.01 or …

In this article, unless the context otherwise requires: 1. "Active ingredient" has the meaning assigned to the term by title 7 United States Code section 136. 2. "Applicant" means any person who applies for a registration or amended registration pursuant to title 3, chapter 2, ar…

A. An applicant shall submit to the director information that enables the department of environmental quality to determine whether a pesticide has the potential to pollute the groundwater in this state. This information shall include all of the following information for each acti…

A. After satisfying the requirements of section 49-302, a registrant may use any of the following processes to demonstrate to the director whether the pesticide has the potential to pollute groundwater: 1. The use of specific numeric values established by the director for pestici…

A. A registrant of a pesticide is subject to a penalty of up to ten thousand dollars for each day that a groundwater protection data gap exists unless the information was waived pursuant to section 49-302, subsection D or a conditional registration was granted pursuant to section…

A. The director shall establish a groundwater protection list of pesticides that have the potential to pollute groundwater. The director shall immediately place all pesticides identified in section 49-303, subsection C, paragraphs 2 and 3 on the groundwater protection list and sh…

A. The director shall notify the Arizona department of agriculture to cancel the registration of a pesticide for agricultural use if there is a groundwater protection data gap for that pesticide. B. If a registrant no longer manufactures the active ingredient or pesticide in ques…

A. In order to more accurately determine the mobility and persistence of the pesticides identified pursuant to section 49-303, subsection C, paragraphs 2 and 3 and those pesticides whose continued use is allowed pursuant to section 49-309 and to determine if these pesticides have…

A. Within ninety days after a pesticide that is listed pursuant to section 49-305 is found pursuant to section 49-307 under any of the conditions listed in paragraph 1, 2 or 3 of this subsection, the director shall determine whether the pesticide resulted from agricultural use ac…

A. If the director determines the pesticide which meets any of the conditions specified in section 49-308 is carcinogenic, mutagenic, teratogenic or toxic to humans in concentrations found at depths prescribed in section 49-308, subsection A and the pesticide label cannot be modi…

1. The new pesticide is registered pursuant to the federal insecticide, fungicide and rodenticide act as amended (7 United States Code section 136; P.L. 100-532; 102 Stat. 2654) and is registered for use in one or more other states. 2. The director determines that a conditional r…

A. An order of the director under this chapter is subject to appeal pursuant to title 41, chapter 6, article 10. B. Except as provided in section 41-1092.08, subsection H, final administrative decisions are subject to appeal to superior court pursuant to title 12, chapter 7, arti…

A. A water quality appeals board is established in the department of administration consisting of three members appointed by the governor pursuant to section 38-211 to terms of three years. One member of the board shall be an attorney licensed to practice law in this state, and a…

B. Final decisions of the board are subject to appeal to superior court pursuant to title 12, chapter 7, article 6. For the benefit of the people of this state, appeals under this section have precedence, in every court, over all other civil proceedings. The presiding judge for t…

A. If an appeal is taken from the director's decision to issue a permit for a new facility, the facility may not discharge any pollutants inconsistent with the director's decision until the appeal process is completed. B. Except as provided in subsections D and E of this section:…

A. The department of environmental quality is designated as the responsible agency for this state to take all actions necessary or appropriate to ensure that all potable water distributed or sold to the public through public water systems is free from unwholesome, poisonous, dele…

A. The department shall establish and enforce rules for the classification of systems for potable water and certifying operating personnel according to the skill, knowledge and experience necessary within the classification. The rules shall also provide that operating personnel m…

A. The director shall: 1. Exercise general supervision over all matters related to water quality control of public water systems throughout this state. 2. Prescribe rules regarding the production, treatment, distribution and testing of potable water by public water systems, excep…

A. The director shall adopt rules which prescribe minimum standards for the: 1. Sanitary facilities and conditions that shall be maintained by any public water system. 2. Chemicals, additives and drinking water system components that come into contact with drinking water that is …

A. A person who violates this article or a rule adopted pursuant to this article is guilty of a class 2 misdemeanor for each violation. In the instance of a continuing violation, each day a violation continues constitutes a separate offense. B. If the director determines that a p…

A. The small drinking water systems fund is established in the water infrastructure finance authority of Arizona. The fund consists of monies appropriated by the legislature and federal monies to assist in carrying out the purpose of this section. Monies in the fund are exempt fr…

A. The department of environmental quality is designated as the lead agency to review the operations of water systems and the practices of governmental agencies that oversee and regulate them. B. A water systems coordinating council is established in the department of environment…

The department may allow water systems that are subject to this article to cooperate in testing for and monitoring water contaminants for compliance with this article if the director determines that the water systems are located in the same general area and that the area is hydro…

A. The department shall establish a water system compliance assistance program to assist water systems in complying with standards imposed by federal and state law, rules and regulations. The program shall provide information and technical assistance to water systems. B. The depa…

1. Volatile organic chemicals. 2. Synthetic organic chemicals. 3. Inorganic chemicals except for copper and lead. 4. Radiochemicals. B. The department shall contract with one or more private parties or statewide nonprofit organizations representing water systems to implement the …

The department shall adopt and enforce rules to classify sewage collection systems and treatment plants and to certify operating personnel according to the skill, knowledge and experience necessary within the classification. The rules shall provide that operating personnel may be…

A. The department may adopt rules for calculating a reduction in capacity or design flow for sewage treatment facilities if gray water reuse infrastructure for a subdivision is approved by the department. B. For the purposes of this section, "subdivision" has the same meaning pre…

A. A county that is required by the clean water act to obtain coverage under a national or state pollutant discharge elimination system stormwater program or a county that is required to obtain coverage under an Arizona pollutant discharge elimination system permit pursuant to ar…

A. A county may designate and authorize an administrative director for the program or plan prescribed by section 49-371 to perform enforcement duties. If the administrative director determines that a person is in violation of an ordinance, rule or regulation adopted pursuant to s…

A. A city, town, county or sanitary district of this state may adopt, amend or repeal any ordinances necessary for implementing and enforcing the pretreatment requirements under the federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United State…

A. The legislature finds and declares that air pollution exists with varying degrees of severity within the state, such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes physical discomfort, injury to property and prope…

In this chapter, unless the context otherwise requires: 1. "Administrator" means the administrator of the United States environmental protection agency. 2. "Adverse effects to human health" means those effects that result in or significantly contribute to an increase in mortality…

A. The department shall have original jurisdiction over such sources, permits and violations that pertain to: 1. Major sources in any county that has not received approval from the administrator for new source review under the clean air act and prevention of significant deteriora…

A. A person may petition the director or control officer for a determination that a particular class or category of sources should be subject to a general permit instead of an individual permit that is issued under this chapter. The petition shall state the grounds for the determ…

A. The director shall maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection of visibility as required by the clean air act. B. The director may adopt rules that describe procedur…

A. The governor may designate the status and classification of areas of this state with respect to attainment of national ambient air quality standards. B. The director shall adopt rules that describe the geographic extent of attainment, nonattainment or unclassifiable areas of t…

A. For any ozone, carbon monoxide or particulate nonattainment or maintenance area the governor shall certify the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for that area under 23 United S…

A. Except as provided in subsection B, a person having an interest which is or may be adversely affected may commence a civil action in superior court on his own behalf against the director alleging a failure of the director to perform an act or duty under this article or article…

A. Any revision to the state implementation plan adopted pursuant to 40 Code of Federal Regulations, part 51, subpart T shall be no more stringent than required under those regulations. No state agency, metropolitan planning organization or local transportation agency shall take …

A. Notwithstanding any other law, a person may possess, use, manufacture, purchase, install, transport or sell chlorofluorocarbons. B. The possession, use, manufacture, purchase, installation, transportation or sale of chlorofluorocarbons does not subject any person, this state o…

B. This state, any political subdivision of this state and any person that reduces qualifying emissions may apply to the department to certify emission reduction credits to be deposited into the voluntary Arizona emissions bank. To be eligible for certification and deposit in the…

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 report regarding the following activities to the department on a form developed by the director as prescribed in subsection F of this section: 1. Paving of unpav…

The department shall develop a standardized waiver application form that shall be used by state agencies, counties, cities, towns, school districts and federal fleets with vehicles that operate primarily in area A as defined in section 49-541 to document and justify the exemption…

The department shall pursue the establishment of a network of public refueling stations so that members of the public have access throughout the state to alternative fuels as a major goal.

In this article, unless the context otherwise requires: 1. "Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials, or nox…