Title 49 — The Environment

The director shall promptly deposit, pursuant to sections 35-146 and 35-147, all monies collected under this article and shall credit these payments to the underground storage tank revolving fund.

B. This section does not relieve an owner, an operator or the designated representative of the owner or operator from any of the requirements of this chapter. C. While the application for preapproval is pending, the department may not take enforcement action or impose penalties a…

A. Beginning January 1, 2016 through January 1, 2033, during the baseline period, an owner, operator or person who meets the requirements of section 49-1016, subsection C may do the following: 1. Elect to conduct a baseline assessment pursuant to this section. 2. Request monies t…

A. The department may provide reimbursement from the underground storage tank revolving fund under the preapproval process prescribed in section 49-1051 in the amounts authorized by section 49-1054 of the costs incurred for the following: 1. Sampling, analysis and reporting that …

A. The department may provide reimbursement from the underground storage tank revolving fund for the reasonable and necessary costs of eligible activities pursuant to section 49-1053, subsection A for releases that are reported before the end of the baseline period established pu…

A. From and after December 31, 2032, only those releases of a regulated substance that are reported before January 1, 2033 as prescribed in section 49-1004 are eligible for corrective action cost reimbursements from the underground storage tank revolving fund. B. An application f…

B. Notwithstanding subsection A of this section, the department may forgo a lien on the property when the director orders corrective actions that are necessary to protect human health, safety or the environment pursuant to section 49-1017.

[Repealed or reserved.]

A. Subject to the availability of monies in the underground storage tank revolving fund that are annually allocated by the director for each of the following types of actions, an owner, operator or person that meets the requirements of section 49-1016, subsection C may request th…

In this article, unless the context otherwise requires: 1. "Attended facility" means an underground storage tank facility at which it is the usual and customary practice for the owner or operator, or any employee of the owner or operator, to be present on site during normal hours…

A. Beginning from and after December 31, 1996, a person shall not perform tank services on an underground storage tank system unless the person is certified in accordance with this section and the rules adopted pursuant to this section, or is supervised by a person certified in a…

A. Beginning August 9, 2012, an owner or operator shall designate a class A individual who must be trained pursuant to subsections E and F of this section within thirty days or another period specified by the director after being designated by the owner or operator. B. Beginning …

A. A person that undertakes corrective action pursuant to section 49-1016, subsection C or an owner or operator may informally appeal the following decisions or determinations pursuant to this section: 1. A written interim decision from the underground storage tank program of the…

1. A written interim determination or interim decision from the department on matters relating to: (a) Owner or operator status. (b) Preapproval or reimbursement from the underground storage tank revolving fund established by section 49-1015. 2. The department's approval, disappr…

In this article, unless the context otherwise requires: 1. "Fully shielded" means that fixtures are shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running throu…

A. All outdoor light fixtures shall be fully or partially shielded except incandescent fixtures of one hundred fifty watts or less and other sources of seventy watts or less. Streetlight fixtures are exempt from this requirement if the shielding is not available from the manufact…

In addition to other exemptions provided in this article, outdoor light fixtures not meeting the provisions of this article shall be allowed provided such fixtures are extinguished between the hours of midnight and sunrise by an automatic shutoff device.

A. No new mercury vapor outdoor light fixtures shall be installed after the effective date of this section. No replacement equipment other than bulbs for mercury vapor lighting fixtures shall be sold in the state after January 1, 1991 and the use of mercury vapor light fixtures i…

Nothing in this article shall apply to navigational lighting systems at airports.

The provisions of this article are cumulative and supplemental and shall not apply within any county, city or town which by ordinance or resolution has adopted provisions restricting light pollution which are equal to or more stringent than the provisions of this chapter.

In this chapter, unless the context otherwise requires: 1. "Authority" means the water infrastructure finance authority of Arizona. 2. "Board" means the water infrastructure finance authority board established by section 49-1206. 3. "Bonds of a political subdivision" means bonds …

The water infrastructure finance authority of Arizona is established. The board shall govern the authority.

A. The authority is a corporate and politic body and shall have an official seal that shall be judicially noticed. The authority may sue and be sued, contract and acquire, hold, operate and dispose of property. Notwithstanding any other law and unless expressly waived by the auth…

1. Administer the long-term water augmentation fund in accordance with article 4 of this chapter. 2. Use monies from the long-term water augmentation fund established by section 49-1302 to investigate the feasibility of entering into agreements with public or private entities for…

A. The board shall cause an audit to be made of the funds administered by the authority. The audit shall be conducted by a certified public accountant within one hundred twenty days after the end of the fiscal year. The board shall immediately file a certified copy of the audit w…

1. Now and into the foreseeable future that regions in this state lack access to the necessary water supplies to meet their current and long-term water needs. 2. Protecting current and future residents, the economy and the environment of this state is best achieved through a comp…

B. The board consists of the following members: 1. Four persons from a county with a population of four hundred thousand persons or more. 2. Four persons from a county with a population of less than four hundred thousand persons. 3. One person who specializes in finance or statew…

1. One member who represents a public water system that serves five hundred or more connections. 2. One member who represents a public water system that serves less than five hundred connections. 3. One member who represents a domestic water improvement district or sanitary distr…

B. The long-term water augmentation committee is established consisting of seven members of the board, including the four members who are from counties with populations of four hundred thousand persons or more, two members who are from counties with populations of less than four …

B. In the acquisition, construction or development of water-related facilities, the authority shall cooperate with established and existing state agencies and political subdivisions of this state and with the United States and other states. C. The authority may not begin negotiat…

B. The authority may not enter into any agreements to convey or deliver water to a water user within the incorporated boundaries of a city or town, a city or town water service area or within the boundaries of a certificate of convenience and necessity of a private water company …

1. Predevelopment agreements leading to other implementing agreements. 2. A design-build agreement. 3. A design-build-maintain agreement. 4. A design-build-finance-operate agreement. 5. A design-build-operate-maintain agreement. 6. A design-build-finance-operate-maintain agreemen…

1. Requests for project proposals in which the authority describes a class of water-related facilities or a geographic area in which entities are invited to submit proposals to develop water-related facilities. 2. Solicitations using requests for qualifications, short-listing of …

1. Allow the authority or the private partner to establish and collect delivery charges, service charges, operation and maintenance charges or similar charges, including provisions that: (a) Establish circumstances under which the authority may receive all or a share of revenues …

B. If the agreement complies with this chapter and the attorney general determines that the agreement will constitute a binding and legal obligation of the authority that is enforceable according to the terms of the agreement, the attorney general shall certify, in substance, tha…

1. The president of the senate or the president's designee. 2. The speaker of the house of representatives or the speaker's designee. 3. The minority leader of the senate or the minority leader's designee. 4. The minority leader of the house of representatives or the minority lea…

B. The following political subdivisions may enter into a financial assistance loan repayment agreement described in subsection A of this section: 1. A city or town, without regard to the city or town's population. 2. A county, without regard to the county's population. 3. A sanit…

A. The clean water revolving fund is established to be maintained in perpetuity consisting of: 1. Monies appropriated by the legislature for the clean water revolving fund. 2. Monies received for that purpose from the United States government, including capitalization grants. 3. …

A. The clean water revolving fund is established. The board shall administer the fund pursuant to rule and in compliance with the requirements of this article and the clean water act. B. On notice from the board, the state treasurer shall invest and divest monies in the fund as p…

A. Monies in the clean water revolving fund may be used for the following purposes: 1. Making wastewater treatment facility and nonpoint source project loans to political subdivisions and Indian tribes under section 49-1225. 2. Purchasing or refinancing debt obligations of politi…

A. In compliance with any applicable requirements, a political subdivision may apply to the authority for, accept and incur indebtedness as a result of a loan, or other financial assistance under section 49-1223, subsection A, paragraphs 1, 2 and 3, from the clean water revolving…

A. Financial assistance from the clean water revolving fund shall be evidenced by a financial assistance agreement or bonds of a political subdivision, delivered to and held by the authority. B. A loan under this section: 1. Shall be repaid in not to exceed thirty years from the …

The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections 49-1224 and 49-1225.

A. The drinking water revolving fund is established to be maintained in perpetuity consisting of: 1. Monies appropriated by the legislature for the drinking water revolving fund. 2. Monies received for that purpose from the United States government, including capitalization grant…

A. The drinking water revolving fund is established. The board shall administer the fund pursuant to rule and in compliance with this article and the safe drinking water act. B. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided b…

A. Monies in the drinking water revolving fund may be used for the following purposes: 1. Making drinking water facility loans including forgivable principal to political subdivisions of this state, Indian tribes under section 49-1245 and other eligible entities as determined by …

A. In compliance with any applicable requirements, a drinking water facility may apply to the authority for and accept and incur indebtedness as a result of a loan or any other financial assistance pursuant to section 49-1243, subsection A, paragraphs 2, 3 and 4 from the drinking…

A. A loan from the drinking water revolving fund shall be evidenced by a loan repayment agreement or bonds of a political subdivision, delivered to and held by the authority. B. A loan under this section: 1. Shall be repaid in not to exceed thirty years from the date incurred for…

The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections 49-1244 and 49-1245.

A. The authority, through the board of directors, may issue negotiable water quality bonds in a principal amount that in its opinion is necessary to provide sufficient monies for financial assistance under this article, maintaining sufficient reserves to secure the bonds, to pay …