A.R.S. § 49-307 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 307
49-307 Monitoring and testing
Status: in_force

49-307. Monitoring and testing

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 migrated into groundwaters of this state, the director shall conduct soil and groundwater monitoring statewide in areas of this state where the pesticide is primarily used or where other factors identified pursuant to section 49-302, including physicochemical characteristics and use practices of pesticides, indicate a probability that the pesticide may migrate into the groundwaters of this state. The monitoring shall begin within one year after the pesticide is placed on the groundwater protection list and shall be conducted according to standard protocol and testing procedures established pursuant to subsection B of this section. Monitoring programs shall replicate conditions under which the pesticide is normally used in the area of monitoring. In developing a monitoring program, the director shall coordinate activities with other agencies that conduct soil and groundwater monitoring.

B. Within ninety days after a pesticide is placed on the groundwater protection list pursuant to section 49-305, the director, in consultation with the department of health services, shall expeditiously develop a standard protocol and testing procedure for each pesticide identified pursuant to section 49-305.

C. The director shall determine the probable source of the pesticides, specified ingredients or degradation products. The analysis of the pesticides, specified ingredients or degradation products shall consider factors such as the physical and chemical characteristics of the pesticide, volume of use and method of applying the pesticide, irrigation practices related to use of the pesticide and types of soil in areas where the pesticide is applied.

D. The director shall report all monitoring results to the Arizona department of agriculture.
A.R.S. § 49-353.01 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 353.01
49-353.01 Duties of director; rules; standards; water supply; definition
Status: in_force

49-353.01. Duties of director; rules; standards; water supply; definition

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 used by any domestic or industrial water supply and that is sold or distributed to the public.

B. Chemicals and additives certified as conforming to the national sanitation foundation standards comply with the standards required by this section.

C. In those instances where chemicals, additives and drinking water system components that come into contact with drinking water are essential to the design, construction or operation of the drinking water system and have not been certified by the national sanitation foundation or have national sanitation foundation certification but are not available from more than one source, the standards shall provide for the use of alternatives which include:

1. Chemicals and additives composed entirely of ingredients determined by the environmental protection agency, the food and drug administration or other federal agencies as appropriate for addition to potable water or aqueous food.

2. Chemicals and additives composed entirely of ingredients listed in the national academy of sciences water chemicals codex.

3. Chemicals, additives and drinking water system components consistent with the specifications of the American water works association.

4. Chemicals, additives and drinking water system components that are designed for use in drinking water systems and that are consistent with the specifications of the American society for testing and materials.

5. Drinking water system components that are historically used or in use in drinking water systems consistent with standard practice and that have not been demonstrated during past applications in the United States to contribute to water contamination.

D. Except as identified by the department as an alternative in accordance with this section at or after the time of use or installation, drinking water system components installed and used after January 1, 1993 shall conform to the national sanitation foundation standards.

E. The director of the department of environmental quality may consult with the director of the department of health services in developing the standards prescribed by this section.

F. For the purposes of this section, "drinking water system components" means equipment and materials that are used in a drinking water system, including process media, protective materials, joining and sealing materials, pipes and related products, mechanical devices and mechanical plumbing devices.
A.R.S. § 49-244 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 244
49-244 Point of compliance
Status: in_force

49-244. Point of compliance

The director shall designate a point or points of compliance for each facility receiving a permit under this article.  For the purposes of this chapter, the point of compliance is the point at which compliance must be determined for either the aquifer water quality standards or, if an aquifer water quality standard is exceeded at the time the aquifer protection permit is issued, the requirement that there be no further degradation of the aquifer as provided in section 49-243, subsection B, paragraph 3.  The point of compliance shall be a vertical plane downgradient of the facility that extends through the uppermost aquifers underlying that facility.  For an aquifer that has no existing or reasonably foreseeable drinking water beneficial use, the director may establish monitoring for compliance in another aquifer in lieu of monitoring in the uppermost aquifer.  The point of compliance shall be determined as follows:

1. Except as provided in paragraph 2 of this section, for a pollutant that is a hazardous substance the point of compliance is the limit of the pollutant management area. The pollutant management area is the limit projected in the horizontal plane of the area on which pollutants are or will be placed.  The pollutant management area includes horizontal space taken up by any liner, dike or other barrier designed to contain pollutants in the facility.  If the facility contains more than one discharging activity, the pollutant management area is described by an imaginary line circumscribing the several discharging activities.

2. A point of compliance for hazardous substances other than that identified in paragraph 1 of this section may be approved by the director if the facility owner or operator can demonstrate either:

(a) That it is technically impracticable or inappropriate considering the likely fate or transport of a pollutant in an aquifer to monitor at the boundary specified in paragraph 1 of this section.

(b) The alternative point of compliance will allow installation and operation of the monitoring facilities that are substantially less costly. Such a request by a facility owner or operator under this paragraph must be supported by an analysis of the volume and characteristics of the pollutants that may be discharged and the ability of the vadose zone to attenuate the particular pollutants that may be discharged, including such factors as climate, hydrology, geology and soil chemistry. In no event shall an alternative point of compliance be further from the boundary specified in paragraph 1 of this section than is necessary for purposes of this paragraph, subdivisions (a) and (b) of this paragraph, and in no event shall it be so located as to result in an increased threat to an existing or reasonably foreseeable drinking water source.  In addition an alternate compliance point for a hazardous substance pursuant to this subdivision shall never be further downgradient than any of the following:

(i) The property boundary.

(ii) Any point of an existing or reasonably foreseeable future drinking water source.

(iii) Seven hundred fifty feet from the edge of the pollutant management area.

3. For pollutants that are not hazardous substances the director, in identifying a point of compliance, shall take into account the volume and characteristics of the pollutants, the practical difficulties associated with implementation of applicable water pollution control requirements, whether the facility is a new facility or an existing facility, water conservation and augmentation and the site-specific characteristics of the facility, including, but not limited to, climate, hydrology, geology, soil chemistry and pollutant levels in the aquifer.  The point of compliance must be so located as to ensure protection of all current and reasonably foreseeable future uses of the aquifer.
A.R.S. § 49-284 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 284
49-284 Notice; reportable quantities; penalties
Status: in_force

49-284. Notice; reportable quantities; penalties

A. Notwithstanding any other requirement of state or federal law, any person who is the owner or operator of a facility shall, as soon as the person has knowledge of any release, other than a release in compliance with the limits or conditions in a federal or state permit, of a hazardous substance from such facility, immediately notify the director of the release if either:

1. The release is in a quantity equal to or greater than that which is required to be reported to the national response center under section 103 of CERCLA (42 United States Code section 9603).

2. The release is in a quantity equal to or greater than that determined pursuant to subsection B of this section and the release was not reported to the national response center before August 13, 1986.

B. The director shall, by rule, establish reportable quantities for those hazardous substances for which such quantities have not been established under section 102 of CERCLA (42 United States Code section 9602). The director may determine that one single quantity shall be the reportable quantity for that hazardous substance, regardless of the medium into which the hazardous substance is released.

C. Any person who fails to immediately notify the director as provided in subsection A of this section is subject to a civil penalty of not to exceed ten thousand dollars. The attorney general may, and at the request of the director shall, commence an action in superior court to recover civil penalties provided by this subsection. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Notification received pursuant to this section or information obtained by the exploitation of such notification shall not be used against any reporting person in any criminal case, except a prosecution for perjury or for giving a false statement.
A.R.S. § 49-206 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 206
49-206 Preservation of rights
Status: in_force

49-206. Preservation of rights

This chapter shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law, criminal or civil, nor shall any provision of this chapter, or any act done by virtue of this chapter, be construed so as to estop any person, this state or any political subdivision of this state, or owners of land having groundwater or surface water rights or otherwise, from exercising their rights or, under the common law or statutory law, from suppressing nuisances or preventing injury due to discharges.
A.R.S. § 49-159 — Arizona Code / Title 49 / Chapter 1 / Article 4 / Section 159
49-159 Institutional and engineering control fund; purpose
Status: in_force

49-159. Institutional and engineering control fund; purpose

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. Costs of restoring engineering controls that are recovered pursuant to section 49-152.01.

4. Costs of restoring engineering controls that are recovered pursuant to section 49-158, subsection I.

5. Monies paid into the fund pursuant to section 49-152.01, subsection B.

6. Gifts, grants and donations.

7. Legislative appropriations.

B. Monies in the institutional and engineering control fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. Monies in the institutional and engineering control fund shall be used for the following purposes:

1. For all reasonable and necessary costs to implement section 49-152, subsections B through O and sections 49-152.01, 49-152.02 and 49-158.

2. For the reasonable and necessary costs to administer the fund.
A.R.S. § 49-286 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 286
49-286 Mitigation of non-hazardous releases
Status: in_force

49-286. Mitigation of non-hazardous releases

A. If the director determines that a drinking water source is being or is about to be rendered unusable without treatment as a drinking water source by a non-hazardous substance that was disposed by a person that would be a responsible party under section 49-283 if the substance were a hazardous substance, the director may order that person to perform one or more of the following mitigation measures:

1. Providing an alternative water supply.

2. Mixing or blending if economically practicable.

3. Economically and technically practicable treatment before ingesting the water.

4. Such other mutually agreeable mitigation measures as are necessary to achieve the purposes of this section.

B. The director's selection of mitigation measures shall balance the short-term and long-term public benefits of mitigation with the cost of each alternative measure. The director may only require the least costly alternative if more than one alternative may render water usable as a drinking water source.

C. A mitigation order issued under this section is enforceable under sections 49-261 and 49-264.
A.R.S. § 49-176 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 176
49-176 Community involvement requirements
Status: in_force

49-176. Community involvement requirements

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 the remediation. Plans and activities undertaken after the effective date of this article to notify the public shall be consistent with the following guidelines:

1. For remediation where the remediation levels and controls are established in accordance with the rules adopted pursuant to section 49-282.06, community involvement shall be consistent with the requirements of those rules.

2. For remediation where the remediation levels and controls are established in accordance with section 49-175, subsection B, paragraph 1, 2, 3, or 4, community involvement activities shall be conducted appropriate to the scope and schedule of the remediation, including, as applicable, all of the following:

(a) For fieldwork conducted to remove contaminants of concern or that may result in noise, light, odor, dust and other adverse impacts off of the site, provide general public notice.  The general public notice shall be in the form of visible signage and direct mailing, door hangings, or a similar form of notice that is distributed in a manner sufficient to reach those who may be impacted.  The general public notice shall identify the name and telephone number of a person who may be contacted for information regarding the fieldwork.

(b) For remediation that will take more than one hundred eighty days to complete, provide general notice regarding the nature and progress of the action and establish a document repository accessible to the public where information regarding the site and the remediation is available for review. The general notice may be in the form of fact sheets, newsletters, or news articles distributed by direct mailings, door hangings or any other method of distribution sufficient to reach or be accessible to local government agencies, persons within the community surrounding the site and other persons who have requested information regarding the site and direct mail to affected water providers. The general notice shall identify the name and telephone number of a person who may be contacted for information regarding the remediation. The document repository shall be accessible during normal business hours or by appointment and shall contain all documents and information required to be prepared or maintained by this program and any other documents and information deemed appropriate by the person conducting the work.

3. For remediation levels or controls selected pursuant to section 49-175, subsection B, paragraphs 3 and 4 or remediation that includes an institutional or engineering control to satisfy the requirements of section 49-152 or section 49-158 and the rules adopted pursuant to those sections, notice of a work plan pursuant to section 49-175 or a report pursuant to section 49-181 and an opportunity for public comments to be submitted for a period of forty-five days after the notice shall be published in a newspaper of general circulation and shall be provided individually to affected water providers, affected well owners, local government agencies, adjacent residents, and the department of water resources.

B. If the applicant requests a no further action determination pursuant to section 49-181, the applicant shall provide general notice of the request, the report submitted to the department, and the opportunity for comment.

C. Community involvement activities undertaken pursuant to this article may be coordinated or combined with similar procedures required under other laws applicable to the work to avoid duplication.

D. The director shall consider written comments in response to a public notice providing an opportunity to comment or any public meeting held prior to approving a work plan pursuant to section 49-177 or issuing a no further action determination pursuant to section 49-181. The director may require the applicant to conduct a public meeting prior to approving a work plan for which notice is required pursuant to subsection A, paragraph 3 of this section or issuing a no further action determination.

E. The director may require additional community involvement activities appropriate to the schedule and scope of the work after consideration of the following factors:

1. Actual or potential impact to water supply.

2. Extent and toxicity of the contamination.

3. Duration of the work.

4. Level of public interest.

5. Noise, light, odor and other adverse impacts.

6. Likelihood of contaminant exposure to human or ecological receptors.
A.R.S. § 49-211 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 211
49-211 Direct potable reuse of treated wastewater; fees; rules
Status: in_force

49-211. Direct potable reuse of treated wastewater; fees; rules

A. On or before December 31, 2024, the director shall establish by rule permit fees sufficient to administer a direct potable reuse of treated wastewater program. Monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.

B. On or before December 31, 2024, the director shall adopt all rules necessary to establish and implement a direct potable reuse of treated wastewater program, including rules establishing permitting standards and a permit application process.
A.R.S. § 49-251 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 251
49-251 Temporary emergency waiver
Status: in_force

49-251. Temporary emergency waiver

A. A facility owner or operator may apply for, and the director may issue, a temporary emergency waiver of compliance with the requirement to obtain a permit or with any applicable permit requirement, surface or aquifer water quality standard or discharge limitation if the waiver will not endanger human health or welfare, and if the director finds any of the following:

1. That an emergency of such severity exists that water supplies for domestic uses will be inadequate to meet demand unless the facility is able to temporarily exceed one or more water quality standards or discharge limitations by its discharge into waters of the state.

2. That there has been a breakdown of equipment or upset of operations resulting in a discharge to waters of the state in excess of one or more water quality standards or discharge limitations, and both of the following apply:

(a) The breakdown or upset was beyond the control of the facility owner or operator and the facility was being operated in compliance with this chapter before the discharge.

(b) The breakdown or upset will be corrected in a reasonable period of time.

3. That the activity that is the subject of the waiver is necessary to protect human health or welfare or minimize potential adverse impacts to the environment.

B. A temporary emergency waiver of compliance issued by the director may be subject to such reasonable terms and conditions as the director deems necessary. The director may grant a waiver after the occurrence of the activity that is subject to the waiver if the applicant demonstrates that exigent circumstances made it impractical to secure the waiver in advance.

C. As a condition to the issuance of a temporary emergency waiver of compliance, the director may require the facility owner or operator to provide notice of the waiver to all downstream or downgradient users directly affected by both:

1. Publication on not less than three consecutive days, or on three consecutive weeks in the case of weekly publications, in a newspaper or newspapers of general circulation in the area in which the emergency or breakdown has occurred or is occurring.

2. Furnishing a copy of the publication to the radio and television stations serving the area in which the emergency or breakdown has occurred or is occurring.

D. The facility owner or operator shall furnish a copy of the publication to the director.

E. A temporary emergency waiver of compliance issued pursuant to this section shall remain in effect as long as necessary to accommodate the emergency but in no event longer than ninety days.

F. A person operating under a temporary emergency waiver is not subject to section 49-262 or 49-263 for discharges allowed under the temporary emergency waiver but is subject to article 5 of this chapter.
A.R.S. § 49-303 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 303
49-303 Pesticide evaluation process; reporting requirements
Status: in_force

49-303. Pesticide evaluation process; reporting requirements

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 pesticides regarding water solubility, soil adsorption coefficient, hydrolysis, aerobic and anaerobic soil metabolism and field dissipation. The director of environmental quality in consultation with the Arizona department of agriculture and the department of water resources may revise the numeric values if the director of environmental quality finds that the revision is necessary to protect the groundwater of this state. The numeric values shall be at least as stringent as the values used by the United States environmental protection agency at the time the values are established or revised.

2. If adopted in rule, use of a procedure for establishing specific numeric values other than those established pursuant to paragraph 1 of this subsection.  Any numeric values adopted by the director of environmental quality pursuant to this paragraph shall be at least as stringent as the numeric values used by the United States environmental protection agency.

3. If adopted in rule, use of an alternate procedure other than the use of specific numeric values to evaluate the potential of a pesticide to pollute groundwater.  This procedure shall be consistent with the objective of this article.

B. In consultation with the Arizona department of agriculture and the department of water resources, the director of environmental quality shall adopt rules necessary to implement this section.

C.  The director shall report on December 1 of each year the following information to the legislature for each pesticide registered for agricultural use:

1. A list of each active ingredient, other specified ingredient or degradation product of an active ingredient of a pesticide for which there is a groundwater protection data gap.

2. A list of each pesticide that contains an active ingredient, any other specified ingredient or a degradation product of an active ingredient which is greater than one or more of the numeric values established pursuant to subsection A of this section, or is less than the numeric value in the case of soil adsorption coefficient, in both of the following categories:

(a) Water solubility or soil adsorption coefficient.

(b) Hydrolysis, aerobic soil metabolism, anaerobic soil metabolism or field dissipation.

3. A list of each pesticide that contains an active ingredient, any other specified ingredient or a degradation product of an active ingredient that has been determined by an alternate procedure that is adopted pursuant to subsection B of this section to have the potential to pollute groundwater.

4. For each pesticide listed pursuant to paragraph 2 or 3 of this subsection for which information is available, a list of the amount of the pesticide that was applied to soil in this state during the most recent year, where it was applied and for what purpose the pesticide was used.

D. The director of environmental quality in consultation with the Arizona department of agriculture, the department of water resources and the department of health services may determine to the extent possible the toxicological significance of the degradation products and other specified ingredients identified pursuant to subsection C, paragraphs 2 and 3 of this section.
A.R.S. § 49-358 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 358
49-358 Water system compliance assistance program
Status: in_force

49-358. Water system compliance assistance program

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 department may contract with a nonprofit organization which provides on-site technical assistance to small water systems and which is dedicated to preserving and enhancing water quality in Arizona.
A.R.S. § 49-204 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 204
49-204 Gray water reuse; residential standards; rules
Status: in_force

49-204. Gray water reuse; residential standards; rules

A. A city, town or county may not limit the use of gray water by rule or ordinance unless, in an initial active management area that has a groundwater management goal of safe yield and that does not contain a part of the central Arizona project aqueduct, effluent has been included in an assured water supply determination pursuant to section 45-576 and the use of gray water would reduce the volume of effluent available to satisfy assured water supply requirements applicable to that determination.

B. For residential gray water treatment systems that are used indoors for toilet flushing, the director may establish by rule minimum requirements that are necessary specifically to address public health or safety concerns.

C. Until rules are adopted pursuant to subsection B of this section, residential gray water may be used indoors for toilet flushing with a gray water treatment system that complies with all of the following:

1. Uses less than four hundred gallons of gray water per day.

2. Is certified to meet standard 350 for residential gray water recycling that is issued by a national sanitary foundation and an American national standards institute.

3. Reasonably precludes human contact with gray water.

4. Provides a dedicated piping system that supplies only treated gray water to the toilet flushing facilities.

5. Provides gray water for toilet flushing only if the system is properly functioning.

D. Any residential gray water treatment system that is installed after the effective date of rules adopted pursuant to subsection B of this section and that includes the use of gray water for indoor toilet flushing shall meet the minimum requirements that are established by those rules.
A.R.S. § 49-294 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 294
49-294 Use of monies obtained through consent decrees or litigation
Status: in_force

49-294. Use of monies obtained through consent decrees or litigation

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 pursuant to this section for the department's remedial action costs that are incurred before the date of a settlement or a court judgment shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality assurance revolving fund. Monies recovered pursuant to this section for the department's remedial action costs that are to be incurred after the date of a settlement or court judgment may be deposited in separate accounts, and any interest earned on monies in these accounts shall be credited to those accounts for use for remedial action at the specific site or facility from which the monies were generated, including reasonable and necessary costs, and legal costs for administration of the account for that site or facility. If a specific site's or facility's account contains monies at the completion of the remedial action, the director may use these excess monies in the manner and for the purposes prescribed in section 49-282.

B. This section and sections 49-292, 49-295 and 49-296 shall not be construed to limit the authority of the director to take any action under federal law or under other provisions of this title.
A.R.S. § 49-143 — Arizona Code / Title 49 / Chapter 1 / Article 3 / Section 143
49-143 Abatement of environmental nuisances
Status: in_force

49-143. Abatement of environmental nuisances

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 or occupant. The order may be given to the owner or occupant personally or left at the residence of the owner or occupant. If the owner or occupant fails or refuses to comply with the order, the board or department shall cause the nuisance to be removed, and the owner, occupant or other person who caused the nuisance shall pay the expenses of removal.
A.R.S. § 49-265 — Arizona Code / Title 49 / Chapter 2 / Article 4 / Section 265
49-265 Venue
Status: in_force

49-265. Venue

All actions commenced under sections 49-261 and 49-262 shall be brought in the superior court in the county in which the alleged violation occurred or in which the department maintains an office.
A.R.S. § 49-282.01 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 282.01
49-282.01 Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund; definitions
Status: in_force

49-282.01. Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund; definitions

A. Notwithstanding any other law, a person engaging in mining is not required to pay fees and taxes listed in section 49-282, subsection A, paragraphs 2 through 8 in excess of the lesser of:

1. $10,000 in a calendar year per individual mining site.

2. $25,000 in a calendar year per mining entity.

B. A person who pays such fees and taxes for mining facilities or activities in the amount specified in subsection A of this section may submit evidence of such payment to the appropriate entity in lieu of paying additional fees and taxes for that calendar year for mining facilities or activities.

C. If a mining facility or activity is owned or operated by more than one person, the payment of fees or the compliance with this section for the facility or activity by one person constitutes compliance by all other owners and operators.

D. For the purposes of this section:

1. "Individual mining site" means a mining facility or activity or group of mining activities or facilities located in a contiguous geographical area and owned or operated by the same person.

2. "Mining" means the exploration, extraction, beneficiation and processing, including smelting and refining, of ores and minerals and all incidental activities.

3. "Mining entity" means a person who owns or operates more than one individual mining site in this state.
A.R.S. § 49-243.01 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 243.01
49-243.01 Presumptive best available demonstrated control technology
Status: in_force

49-243.01. Presumptive best available demonstrated control technology

A. The director may establish, by rule, presumptive best available demonstrated control technology, processes, operating methods or other alternatives, consistent with section 49-243, subsection B, paragraph 1, for a class of facilities, if the director determines that the facilities in that class are substantially similar in nature. Once presumptive controls are established by rule for a particular class of facilities the director shall review those rules every five years and, if appropriate, revise the rules for that class of facilities.

B. An owner or operator of a facility who applies for an individual permit under section 49-243 shall be deemed to have demonstrated that the design meets the requirements of section 49-243, subsection B, paragraph 1, if the application incorporates the presumptive controls for that class of facilities established pursuant to subsection A of this section.

C. A person or group of persons who own or operate facilities that are required to obtain a permit pursuant to this article may petition the director to establish by rule presumptive best available demonstrated control technology, processes, operating methods or other alternatives for that class of facilities. The director may grant the petition if he determines that the following conditions have been met:

1. The petition identifies the class of facilities for which rule adoption is requested.

2. The petition includes a description of the presumptive controls for the requested class of facilities.

3. The petition complies with section 41-1033.

4. The class of facilities described in the petition satisfies subsection A of this section.

D. The owner or operator of a facility with a permit shall not be required to obtain a new or modified permit because of rules adopted or revised pursuant to subsection A of this section. Any complete application that is filed before the effective date of any rules adopted or revised pursuant to this section shall be processed by the department without requiring compliance with the rules adopted or revised pursuant to subsection A of this section.
A.R.S. § 49-261 — Arizona Code / Title 49 / Chapter 2 / Article 4 / Section 261
49-261 Compliance orders; appeal; enforcement
Status: in_force

49-261. Compliance orders; appeal; enforcement

A. If the director determines that a person is in violation of a rule adopted or a condition of a permit issued pursuant to section 49-203, subsection A, paragraph 7, any provision of article 2, 3, 3.1 or 3.3 of this chapter, a rule adopted pursuant to article 2, 3, 3.1 or 3.3 of this chapter, a discharge limitation or any other condition of a permit issued under article 2, 3, 3.1 or 3.3 of this chapter or is creating an imminent and substantial endangerment to the public health or environment, the director may issue an order requiring compliance within a reasonable time period.

B. A compliance order shall state with reasonable specificity the nature of the violation, a time for compliance if applicable and the right to a hearing.

C. A compliance order shall be transmitted to the alleged violator by certified mail, return receipt requested, or by personal service.

D. A compliance order becomes final and enforceable in the superior court unless within thirty days after the receipt of the order the alleged violator requests a hearing before an administrative law judge. If a hearing is requested, the order does not become final until the administrative law judge has issued a final decision on the appeal.  Appeals shall be conducted pursuant to section 49-321.

E. At the request of the director the attorney general may commence an action in superior court to enforce orders issued under this section once an order becomes final.
A.R.S. § 49-108 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 108
49-108 Hazardous materials emergency response operations
Status: in_force

49-108. Hazardous materials emergency response operations

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 program pursuant to section 49-123. On request from the department of health services and at the direction of the director of environmental quality, the unit shall perform appropriate soil and water sampling for toxic and other harmful effects on the public health and the environment in areas that have been affected by a chemical or other toxic fire.
A.R.S. § 49-114 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 114
49-114 Appeals of agency decisions
Status: in_force

49-114. Appeals of agency decisions

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.