Title 49 — The Environment

A. If the director determines that a person is in violation of any provision of article 3 or 4 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter or any condition of a coal combustion residuals permit or solid waste facility plan approval issued pursuant …

A. The director may suspend, amend, withdraw, condition or revoke an approval to operate a solid waste facility if the director determines that the facility is in violation of any rule adopted pursuant to this chapter. B. The suspension, amendment, withdrawal, conditions or revoc…

A. If the director has reason to believe that a person is in violation of any provision of article 3, 4 or 11 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter, any condition of a coal combustion residuals permit or an approved solid waste facility plan …

An action filed pursuant to sections 49-781, 49-782 or 49-783 shall be brought in the superior court for the county in which the alleged violation occurred or in which the department maintains an office.

A. An order issued by the director pursuant to this chapter shall become final unless it is appealed within thirty days of issuance pursuant to title 41, chapter 6, article 10. B. Except as provided in section 41-1092.08, subsection H, a final agency order issued pursuant to this…

A. A person shall not: 1. Practice open burning at a solid waste facility without a variance approval issued by the director. 2. Scavenge at a solid waste facility. 3. Damage or destroy signs posted at a solid waste facility. 4. Dump or dispose of solid waste in violation of this…

In addition to the definitions in 40 Code of Federal Regulations, part 279, the following definitions apply to this article: 1. "Off-specification used oil" means used oil which exceeds any of the allowable levels in 40 Code of Federal Regulations section 279.11. 2. "On-specifica…

A. The department shall administer 42 United States Code section 6935, as amended on January 1, 1997, as the used oil program for this state. For that purpose, 40 Code of Federal Regulations part 279, as amended on January 1, 1997, is adopted by reference. For purposes of this pr…

A. Used oil shall not be used or disposed of by any of the following methods: 1. Discharge into sewers or waters of the state as defined in section 49-201 except pursuant to a permit issued by appropriate regulatory authorities. 2. Incineration except at a facility authorized to …

A. A person who knowingly violates a provision of the used oil program prescribed by section 49-802 is guilty of a class 2 misdemeanor. B. An act or omission punishable under this section or any other section of criminal law may be punished under both, but any punishments, includ…

A. Except as otherwise provided, a person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day for each violation. B. The attorney general, at the reque…

A. If the director has reasonable cause to believe that a person is violating a provision of this article or a rule adopted pursuant to this article, the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasona…

A. The director shall conduct a program to educate transporters, marketers and burners on their responsibilities under this article. The program of education shall include producing and distributing written materials and conducting seminars in various parts of the state. The dire…

When necessary for the enforcement of this article and rules adopted pursuant to this article, the director or the director's authorized agent may enter any commercial, nonprofit or governmental premises during normal operating hours. The director or the director's authorized age…

In this article, unless the context otherwise requires: 1. "Agency" means this state or a state agency, county, municipality or political subdivision. 2. "Collection" means the act of picking up post-consumer secondary materials from homes, businesses, governmental agencies, inst…

A. The department of environmental quality shall administer and oversee the enforcement of this article. B. In addition to its other powers and duties, the department shall: 1. Prepare, update and oversee implementation of the Arizona recycling program consistent with the goals o…

A. By May 1, 1992, the department, in consultation with the state board of education, shall implement and conduct a program of public education and provide information to increase awareness of individual responsibility for properly reducing and disposing of solid waste and to enc…

A. The department shall develop and administer a program to encourage the recycling and proper disposal of plastics. B. By July 1, 1991, a person shall not distribute, sell or expose for sale in this state a plastic bottle of sixteen ounces or more up to five gallons and a rigid …

A. Each operator of a solid waste landfill or facility shall make the fee payments required by this section as determined by the department. Monies from fees shall be deposited in the recycling fund established by section 49-837 and the solid waste fee fund established by section…

A. A recycling fund is established to be administered by the director. The fund consists of monies appropriated by the legislature, gifts, grants, donations and monies derived from the landfill disposal fees in section 49-836. Monies derived from landfill disposal fees are subjec…

A. In this article, unless the context otherwise requires: 1. "Best management practices" means a method or combination of methods that is used in the treatment, storage and disposal of a special waste and that achieves the maximum practical cost effective protection of public he…

A. The following are designated as special wastes for purposes of this article: 1. Waste that contains petroleum contaminated soils. 2. Waste from shredding motor vehicles. B. The director shall establish rules for best management practices for these special wastes pursuant to se…

A. The director shall give public notice pursuant to title 41, chapter 6 of the decision to formally study a waste for possible designation as a special waste pursuant to the criteria established in subsection B of this section. B. In determining whether a waste shall be designat…

A. The director shall adopt, by rule, best management practices for the treatment, storage and disposal of each waste to be designated as a special waste pursuant to this article. B. In adopting best management practices for a special waste, the director shall consider: 1. The av…

A. The director shall adopt rules by September 1, 1993 that include an Arizona special waste manifest form designed to implement the provisions of this article. B. Within three months of the adoption of best management practices for a special waste pursuant to section 49-855: 1. …

A. Except as provided in section 49-858, a facility that plans to manage special waste for treatment, storage or disposal shall apply for and obtain approval of the director. B. The application shall include all of the following: 1. A complete solid waste facility plan pursuant t…

A. Within ninety days of receipt of the complete plan and other information prescribed by section 49-857, subsection B, the director shall approve in writing any plan or portion of a plan that complies with this article or shall deny in writing any plan or portion of a plan that …

A. A facility that is in operation on the effective date of best management practices rules that are applicable to that facility and that are adopted by the director pursuant to section 49-855 and that manages wastes designated as special waste pursuant to this article for treatm…

A. Neither the classification of a particular type of waste as a special waste nor the adoption or revision of the best management practices criteria constitutes a major modification to a facility with a groundwater quality protection permit or an aquifer protection permit unless…

A. A shipper required to comply with the special waste manifesting procedures of this article shall report the following information to the department on or before March 1 of each year: 1. A shipping description of the special waste shipped during the preceding year. 2. The volum…

A. Beginning January 1, 1993 a person who knowingly violates this article is guilty of a class 6 felony. B. A person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousan…

A. If the director has reasonable cause to believe that a person is violating this article or a rule adopted pursuant to this article, the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particulari…

A. The director shall collect the fee established by section 49-855, subsection C from the special waste treatment, storage or disposal facility that first receives the waste. Any government entity that is required to collect a fee pursuant to this section may establish fees to r…

The department may conduct such inspections of facilities that manage special waste, including premises and equipment, as are necessary. The department shall give the management agency or the owner or operator of the facility the opportunity to have its representative accompany t…

A. Except as otherwise provided in sections 49-422 and chapter 3, article 3 of this title, the director may require by order the installation of necessary monitoring and pollution control devices at a special waste facility if the requirements of subsection B of this section have…

Any final agency order issued pursuant to this article is appealable pursuant to title 41, chapter 6, article 10.

A. The solid waste fee fund is established. The director shall administer the fund. The fund consists of legislative appropriations, donations, gifts, grants, registration fees collected pursuant to sections 44-1303 and 44-1304.01, waste tire administrative monies distributed pur…

B. Rules adopted pursuant to subsection A of this section shall not be more or less stringent than or conflict with 40 Code of Federal Regulations part 257, subpart D for nonprocedural standards, except that the department shall adopt those portions of the dam safety standards th…

[Repealed or reserved.]

In this chapter, unless the context otherwise requires: 1. "Hazardous waste" means hazardous waste as defined in section 49-921. 2. "Hazardous waste disposal facility" means a hazardous waste disposal facility contracted for or operated by this state.

In this article, unless the context otherwise requires: 1. "Disposal" means discharging, depositing, injecting, dumping, spilling, leaking or placing hazardous waste into or on land or water so that hazardous waste or any constituent of hazardous waste may enter the environment, …

A. The director shall adopt rules to establish a hazardous waste management program equivalent to and consistent with the federal hazardous waste regulations promulgated pursuant to subtitle C of the federal act. Federal hazardous waste regulations may be adopted by reference. Th…

A. If the director has reasonable cause to believe that a person is violating this article or a permit or rule issued or adopted pursuant to this article, the director may serve on the person an order requiring compliance with such provision, permit or rule. The order shall state…

A. A person who violates this article or any permit, rule or order issued or adopted pursuant to this article is subject to a civil penalty not exceeding twenty-five thousand dollars for each day of violation. B. The attorney general shall bring an action to recover penalties und…

A. A person who knowingly does any of the following is guilty of a class 5 felony, a person who recklessly does any of the following is guilty of a class 6 felony and a person who knowingly or recklessly manifests an extreme indifference for human life in doing any of the followi…

The attorney general may bring a civil or criminal action to enforce the provisions of this article or any statute relating to the production, distribution, storage, transportation or disposal of hazardous waste.

A. The hazardous waste management fund is established to be administered by the department. The fund consists of monies appropriated by the legislature, monies collected pursuant to section 49-931 and monies collected as fees for issuing permits under section 49-922, subsection B…

A. Any record, reports or information obtained from any person pursuant to this chapter, including records, reports or information obtained or prepared by the director or a department employee, shall be available to the public, except that the information or a particular part of …

A. All hazardous waste treatment, storage and disposal facilities, hazardous waste transporters and hazardous waste generators, except hazardous waste resource recovery facilities as defined in section 49-930, shall register annually with the department at the time and in the man…

A. All hazardous waste resource recovery facilities shall register annually with the department at the time and in the manner prescribed by the director. The registration is valid for one year after the date of registration. B. The application for registration shall be accompanie…