Title 49 — The Environment

1. "Approximately equal" means, for purposes of fees adopted pursuant to section 49-480, excluding per ton emissions fees, an amount that is not greater than ten per cent more than the fees or costs charged by the state for similar state permits or approvals. 2. "Department" mean…

A. The department of environmental quality is established. B. The governor shall appoint a director of environmental quality pursuant to section 38-211. The director shall administer the department and serve at the pleasure of the governor. The director is entitled to receive com…

A. The director, subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, shall employ, determine the conditions of employment and specify the duties of administrative, secretarial and clerical employees as he deems necessary. B. The attorney general shall …

A. The department shall: 1. Formulate policies, plans and programs to implement this title to protect the environment. 2. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related obj…

The rules adopted by the department apply and shall be observed throughout this state, or as provided by their terms, and the appropriate local officer, council or board shall enforce them. This section does not limit the authority of local governing bodies to adopt ordinances an…

A. The director may delegate to a local environmental agency, county health department, public health services district or municipality any functions, powers or duties which the director believes can be competently, efficiently and properly performed by the local agency if the lo…

The director of environmental quality shall establish a hazardous materials emergency response and recovery organizational unit in the department to function as the scientific support, health, safety and environmental element of the hazardous materials emergency management progra…

A. The following persons shall file a certificate of disclosure with the department as prescribed by this section: 1. A person who is engaged in an activity subject to regulation under this title and who has been convicted of a felony involving laws related to solid waste, specia…

A. If the director has reasonable cause to believe that a person is in violation of section 49-109, article 2 of this chapter or a rule adopted pursuant to article 2 of this chapter, the director may issue an order requiring compliance immediately or within a specified time perio…

For any application for a permit or plan approval, substantial change to a plan or significant revision or modification to a permit requested pursuant to this title, the director shall notify the appropriate county, city or town by sending a copy or notice of the application or c…

A. When authorized by law, a county may adopt a rule, ordinance or regulation that is more stringent than or in addition to a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if all of the followin…

A. For self-reported fees in this title, the director shall require the payer to sign a certification that the amount reported is accurate. B. The director shall collect interest on the unpaid amount of every payment, fee, self-reported fee, tax, assessment, cost and penalty auth…

Notwithstanding any other administrative proceeding established in this title or by rule, all appealable agency actions as defined in section 41-1092 and contested cases as defined in section 41-1001 shall be governed by title 41, chapter 6, article 10.

A. A department of environmental quality indirect cost fund is established. Federal monies and other monies obtained for the purposes of reimbursing the department for costs shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. B. Subject to legislative appropr…

A. Except as provided in chapter 6 of this title and sections 49-287.05, 49-287.06 and 49-287.07, the informal appeals process established by this section applies to any written interim decision as defined by subsection K of this section. B. The department shall make a written in…

A supplemental environmental project that is initiated or accepted by the department shall comply with this section, shall advance at least one of the objectives of the environmental statutes that are the basis of the enforcement action and shall have an adequate nexus. A nexus e…

A. The department may issue a notice of violation to a federal agency as a potentially responsible party for the discharge of pollutants if both of the following occur: 1. The federal agency designates an area of this state as under threat of catastrophic wildfire and a wildfire …

In this article, unless the context otherwise requires: 1. "Commission" means the Arizona emergency response commission. 2. "Committee" means a local emergency planning committee. 3. "Extremely hazardous substances", "facility", "hazardous chemical", "person", "release" and "toxi…

This article does not: 1. Preempt any local charter, ordinance or code. 2. Require any state agency or local government to adopt or enforce any statute or rule. 3. Affect or modify the obligations or liabilities of any person under federal law.

A. The department is designated the lead agency for developing and implementing a state hazardous materials emergency management program. B. The director shall appoint a coordinator to work in consultation with the Arizona emergency response commission in the development and impl…

A. The commission shall designate emergency planning districts to facilitate preparing and implementing district emergency plans. If appropriate, the commission may designate cities, towns, counties or multi-jurisdictional planning organizations as such districts. The commission …

A. The local emergency planning committees shall comply with section 303 of title III. B. Based on information from the commission and state and local emergency and disaster agencies and departments, as well as information obtained from facilities subject to this article and titl…

Unless otherwise provided in this article, a substance is subject to the requirements of this article if it is an extremely hazardous substance as listed and published by the administrator of the United States environmental protection agency, or its successor, and it is held in q…

A. A facility is subject to emergency planning requirements if a substance identified under section 49-126 is present at the facility in an amount at or in excess of the threshold planning quantity for that substance. B. For purposes of emergency planning, the department may desi…

A. If a reportable release of an extremely hazardous substance listed under section 49-126 occurs from a facility at which a hazardous chemical is produced, used or stored, the owner or operator of the facility, except as excluded under 40 Code of Federal Regulations sections 355…

A. A person who owns or operates a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the occupational safety and health act of 1970 (P.L. 91-593; 84 Stat. 1590), and federal regulations adopted under that act, or un…

A. A person who owns or operates a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the occupational safety and health act of 1970 (P.L. 91-593; 84 Stat. 1590) and federal regulations adopted under that act or that…

A. In order to implement section 313 of title III, the owner or operator of a facility subject to the requirements of this section and section 313 of title III and regulations adopted under that act shall complete a toxic chemical release form as supplied by the administrator, pu…

The emergency response fund is established consisting of monies appropriated by the legislature for purposes of this article and federal, private and other monies available for that purpose. The department shall manage the fund and expend monies in the fund in performing the func…

A licensed, certified or authorized emergency responder and its employees at the scene of an emergency, when the emergency response is provided in good faith, have the immunities provided in section 26-314 in carrying out the provisions of this article. The immunities provided by…

A. The director may take action under this section to abate environmental nuisances. As used in this section, an environmental nuisance is the creation or maintenance of a condition in the soil, air or water that causes or threatens to cause harm to the public health or the envir…

A. If the director has reasonable cause to believe from information furnished to the director or from the director's own investigation that a person is maintaining an environmental nuisance, the director may serve, by certified mail, an abatement order on the person requiring the…

If an environmental nuisance exists on private property, the county board of health, the local health or environmental department or the department of environmental quality may order the owner or occupant to remove the nuisance within twenty-four hours at the expense of the owner…

If a county board of health or a local health or environmental department deems it necessary to enter any building, structure or other property within its jurisdiction for the purpose of examining, destroying, removing or preventing an environmental nuisance and is refused entran…

In this article, unless the context otherwise requires: 1. "Engineering control" means a remediation method such as a barrier or cap that is used to prevent or minimize exposure to contaminants and that includes technologies that reduce the mobility or migration of contaminants. …

A. Notwithstanding any other remediation levels established under this title, the director shall approve remediation levels calculated in accordance with this subsection and shall accomplish the following for remediation of contaminated soil to protect public health and the envir…

A. If an engineering control is used to satisfy the requirements of section 49-152, the owner shall submit to the department an engineering control plan that contains all of the following: 1. A detailed description of the engineering control that is prepared by a professional eng…

A. If the director determines that an engineering control has not been maintained in accordance with the maintenance plan required by section 49-152.01, or that an engineering control has failed and the owner has failed to adequately implement the contingency plan required by sec…

A. Notwithstanding any other provisions of this title, if a remedial action, remediation or corrective action performed pursuant to this title or a response action performed pursuant to CERCLA as defined in section 49-201 includes an institutional control or an engineering contro…

A. The institutional and engineering control fund is established to be administered by the director. The fund consists of monies from the following sources: 1. Fees collected pursuant to section 49-152, subsection K. 2. Fees collected pursuant to section 49-158, subsection G. 3. …

In this article, unless the context otherwise requires: 1. "Characterization" means a process to determine the nature, degree and extent of contaminants at a site or a portion of a site. 2. "Contaminant" means any substance that has been released to the environment and that quali…

A. Except as provided in subsection B of this section, any person may request the department to review and approve work to be performed or already performed that addresses or has addressed a release of a contaminant to the environment by submitting an application to participate i…

A. Each application to participate in a voluntary remediation program shall contain the following information: 1. The name and address of the person filing the application and the nature of the relationship of the person to the site, if any. 2. A description of the location and b…

A. After receipt of an application submitted pursuant to section 49-173, the department shall promptly review the application and approve, deny or request modifications to determine the applicant’s eligibility to participate in the voluntary remediation program established by thi…

A. A work plan to address a release of a contaminant to the environment shall include the following: 1. A summary of existing information on site characterization, including references to known site characterization and assessment information and information regarding any remedia…

A. A work plan submitted pursuant to section 49-175 shall include a plan to provide to the public reasonable notice and information regarding the remediation. A report submitted pursuant to section 49-181 shall describe the activities previously undertaken to notify the public of…

A. After receipt of a work plan submitted pursuant to section 49-175, the department shall expeditiously review, approve, deny or request modifications to the work plan. The department shall notify the applicant in writing of any deficiencies in the work plan or modifications nec…

A. An applicant may withdraw from the voluntary remediation program at any time. B. After complying with subsection C of this section, the department may terminate an applicant’s participation in the voluntary remediation program if the applicant does any of the following: 1. Fai…

A. Each application submitted under section 49-173 shall be accompanied by a nonrefundable fee to be established by rule. B. An applicant shall reimburse the department for the reasonable and necessary costs of actions taken by the department pursuant to this section and sections…

A. An applicant may propose a modification to a work plan at any time by submitting an amended work plan or portions of the work plan. Sections 49-175 and 49-177, as applicable, govern the amended work plan. B. Based upon the progress reports submitted by the applicant, the depar…