Title 49 — The Environment

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…

(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 on alternative fuel or clean burning fuel. 2. To operate on ultra low sulfur diesel fuel that is used in an engine with an…

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 an employee parking lot under its jurisdiction within area A or area B as defined in section 49-541.

A. The department of environmental quality may conduct research to quantify the effect of vehicular emissions. B. The department may hire consultants for the purpose of analyzing the costs and benefits of the emissions reduction measures adopted by this chapter and to design and …

A. The department of environmental quality, with the assistance of state universities, may develop a program to: 1. Expedite testing and certification of technological developments related to improving air quality through a reduction in vehicle emissions. 2. Develop incentives to…

Entities that are subject to sections 9-500.04, 28-474, 49-474.01 and 49-573 shall comply with the following time schedule for retrofitting their existing diesel vehicles: 1. Twenty-five percent of the diesel fleet vehicles by December 31, 1998. 2. Forty percent of the diesel fle…

A. This state shall participate in the national low emission vehicle program adopted in 40 Code of Federal Regulations part 9, part 85 and part 86 effective March 9, 1998, as part of the long-term air quality strategy. The state shall not bear any of the administrative costs of t…

A. Each vehicle that is owned by the United States government and that is domiciled in this state for more than ninety consecutive days and each vehicle that is owned by a state or political subdivision of this state shall comply with section 49-542. On compliance, the department…

A. Any person or entity may purchase nonroad equipment that meets tier 2 or tier 3 standards or may retrofit existing equipment to meet tier 2 or tier 3 standards in area A or area B and may send documentation regarding the purchase or retrofit of the equipment to the department.…

A. The department shall operate and administer a voluntary vehicle repair program in areas that are subject to the vehicle emissions inspection program established by this article. A vehicle owner's participation is voluntary. The department may contract with an independent contr…

A. A city, town or county which purchases buses for use in a county with a population of more than five hundred thousand persons shall only purchase buses which operate on clean burning fuel or alternative fuel, except that a city or town in area A, as defined in section 49-541, …

To the extent practicable, a state agency or political subdivision that operates a clean burning fuel or alternative fuel refueling station shall permit the refueling of vehicles owned or operated by any state agency or political subdivision at the refueling station.

A. The operator of a United States government owned vehicle fleet based primarily in this state shall develop and implement a vehicle fleet plan for the purpose of encouraging and progressively increasing the use of alternative fuels and clean burning fuels in United States gover…

In this article, unless the context otherwise requires: 1. "Alternate mode" means any mode of commute transportation other than the single occupancy motor vehicle. 2. "Approvable travel reduction plan" means a plan that is submitted by a major employer and that meets the requirem…

A. A travel reduction program regional task force is established in area A for the purposes prescribed in this article. The regional public transportation authority established under title 48, chapter 29 and the regional planning agency for a county with a population of one milli…

A. The task force shall review and approve the baseline survey distributed to major employers for the purpose of collecting data on employee commuting patterns. The task force shall provide uniform formats for data to be provided by each employer on the commuting patterns of its …