A.R.S. § 49-221 — Arizona Code / Title 49 / Chapter 2 / Article 2 / Section 221
49-221 Water quality standards in general; protected surface waters list
Status: in_force

49-221. Water quality standards in general; protected surface waters list

A. The director shall:

1. Adopt, by rule, water quality standards for all WOTUS and for all waters in all aquifers to preserve and protect the quality of those waters for all present and reasonably foreseeable future uses. For non-WOTUS protected surface waters, the director shall apply surface water quality standards established as of January 1, 2021, until specifically changed by the director pursuant to paragraph 2 of this subsection.  Rules regarding the following shall not be adopted or applied as water quality standards for non-WOTUS protected surface waters:

(a) Antidegradation.

(b) Antidegradation criteria.

(c) Outstanding Arizona waters.

2. Adopt, by rule, water quality standards for non-WOTUS protected surface waters, by December 31, 2022, consistent with paragraph 1 of this subsection and as determined necessary in the rulemaking process. In adopting those standards, the director shall consider the unique characteristics of this state's surface waters and the economic, social and environmental costs and benefits that would result from the adoption of a water quality standard at a particular level or for a particular water category.

B. The director may adopt, by rule, water quality standards for waters of the state other than those described in subsection A of this section, including standards for the use of water pumped from an aquifer that does not meet the standards adopted pursuant to section 49-223, subsections A and B and that is put to a beneficial use other than drinking water. These standards may include standards for the use of water pumped as part of a remedial action. In adopting such standards, the director shall consider the economic, social and environmental costs and benefits that would result from the adoption of a water quality standard at a particular level or for a particular water category.

C. In setting standards pursuant to subsection A or B of this section, the director shall consider the following:

1. The protection of the public health and the environment.

2. The uses that have been made, are being made or with reasonable probability may be made of these waters.

3. The provisions and requirements of the clean water act and safe drinking water act and the regulations adopted pursuant to those acts.

4. The degree to which standards for one category of waters could cause violations of standards for other, hydrologically connected, water categories.

5. Guidelines, action levels or numerical criteria adopted or recommended by the United States environmental protection agency or any other federal agency.

6. Any unique physical, biological or chemical properties of the waters.

D. Water quality standards shall be expressed in terms of the uses to be protected and, if adequate information exists to do so, numerical limitations or parameters, in addition to any narrative standards that the director deems appropriate.

E. The director may adopt by rule water quality standards for the direct reuse of reclaimed water. In establishing these standards, the director shall consider the following:

1. The protection of public health and the environment.

2. The uses that are being made or may be made of the reclaimed water.

3. The degree to which standards for the direct reuse of reclaimed water may cause violations of water quality standards for other hydrologically connected water categories.

F. If the director proposes to adopt water quality standards for agricultural water, the director shall consult, cooperate, collaborate and, if necessary, enter into interagency agreements and memoranda of understanding with the Arizona department of agriculture relating to its administration pursuant to title 3, chapter 3, article 4.1 of this state's authority relating to agricultural water under the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112, subpart E) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252).  For the purposes of this subsection:

1. "Agricultural water":

(a) Means water that is used in a covered activity on produce where water is intended to, or is likely to, contact produce or food contact surfaces.

(b) Includes all of the following:

(i) Water used in growing activities, including irrigation water, water used for preparing crop sprays and water used for growing sprouts.

(ii) Water used in harvesting, packing and holding activities, including water used for washing or cooling harvested produce and water used for preventing dehydration of produce.

2. "Covered activity" means growing, harvesting, packing or holding produce.  Covered activity includes processing produce to the extent that the activity is within the meaning of farm as defined in section 3-525.

3. "Harvesting" has the same meaning prescribed in section 3-525.

4. "Holding" has the same meaning prescribed in section 3-525.

5. "Packing" has the same meaning prescribed in section 3-525.

6. "Produce" has the same meaning prescribed in section 3-525.

G. The director shall maintain and publish a protected surface waters list. The department shall publish the initial list on the department's website and in the Arizona administrative register within thirty days after September 29, 2021.  Not later than December 31, 2022, the department shall adopt by rule the protected surface waters list, including procedures for determining economic, social and environmental costs and benefits.  Publication of the list in the Arizona administrative register is an appealable agency action pursuant to title 41, chapter 6, article 10 and may be appealed by any party that provides evidence of an actual adverse effect that the party appealing the decision would suffer as a result of the director's decision.  All of the following apply to the protected surface water list:

1. The protected surface waters list shall include:

(a) All WOTUS.

(b) Any perennial, intermittent and ephemeral reaches and any impoundments of the following rivers, not including tributaries or reaches of waters wholly within tribal jurisdiction or reaches of waters outside of the United States:

(i) The Bill Williams river, from the confluence of the Big Sandy and Santa Maria rivers at 113°31'38.617"w, 34°18'22.373"n, to its confluence with the Colorado river at 114°8'9.854"w, 34°18'9.33"n.

(ii) The Colorado river, from the Arizona-Utah border at 111°32'35.741"w, 36°58'51.698"n, to the Arizona-Mexico border at 114°43'12.564"w, 32°43'6.218"n.

(iii) The Gila river, from the Arizona-New Mexico border at 109°2'52.8"w, 32°41'11.2015"n, to the confluence with the Colorado river at 114°33'28.145"w, 32°43'14.408"n.

(iv) The Little Colorado river, from the confluence of the east and west forks of the Little Colorado river at 109°28'7.131"w, 33°59'39.852"n, to its confluence with the Colorado river at 111°49'4.693"w, 36°12'10.243"n.

(v) The Salt river, from the confluence of the Black and White rivers at 110°13'39.5"w, 33°44'6.082"n, to the confluence with the Gila river at 112°18'5.704"w, 33°22'42.978"n.

(vi) The San Pedro river, from the Arizona-Mexico border at 110°9'1.704"w, 31°20'2.387"n, to the confluence with the Gila river at 110°47'0.905"w, 32°59'5.671"n.

(vii) The Santa Cruz river, from its origins in the Canelo Hills of southeastern Arizona at 110°37'3.968"w, 31°27'39.21"n, to its confluence with the Gila river at 111°33'26.02"w, 32°41'39.058"n.

(viii) The Verde river, from Sullivan lake at 112°28'10.588"w, 34°52'11.136"n, to its confluence with the Salt river at 111°39'48.32"w, 33°33'20.538"n.

(c) Any non-WOTUS waters of the state that are added under paragraphs 3 and 4 of this subsection.

2. Notwithstanding paragraph 1 of this subsection, the protected surface waters list shall not contain any of the following non-WOTUS waters:

(a) Canals in the Yuma project and ditches, canals, pipes, impoundments and other facilities that are operated by districts organized under title 48, chapters 18, 19, 20, 21 and 22 and that are not used to directly deliver water for human consumption, except when added pursuant to paragraph 4 of this subsection and in response to a written request from the owner and operator of the ditch or canal until the owner and operator withdraws its request.

(b) Irrigated areas, including fields flooded for agricultural production.

(c) Ornamental and urban ponds and lakes such as those owned by homeowners' associations and golf courses, except when added pursuant to paragraph 4 of this subsection and in response to a written request from the owner of the ornamental or urban pond or lake until the owner withdraws its request.

(d) Swimming pools and other bodies of water that are regulated pursuant to section 49-104, subsection B.

(e) Livestock and wildlife water tanks and aquaculture tanks that are not constructed within a protected surface water.

(f) Stormwater control features.

(g) Groundwater recharge, water reuse and wastewater recycling structures, including underground storage facilities and groundwater savings facilities permitted under title 45, chapter 3.1 and detention and infiltration basins, except when added pursuant to paragraph 4 of this subsection and in response to a written request from the owner of the groundwater recharge, water reuse or wastewater recycling structure until the owner withdraws its request.

(h) Water-filled depressions created as part of mining or construction activities or pits excavated to obtain fill, sand or gravel.

(i) All waste treatment systems components, including constructed wetlands, lagoons and treatment ponds, such as settling or cooling ponds, designed to either convey or retain, concentrate, settle, reduce or remove pollutants, either actively or passively, from wastewater before discharge or to eliminate discharge.

(j) Groundwater.

(k) Ephemeral waters except for those prescribed in paragraph 1, subdivision (b) of this subsection.

(l) Lakes and ponds owned and managed by the United States department of defense and other surface waters located on and that do not leave United States department of defense property, except when added pursuant to paragraph 4 of this subsection and in response to a written request from the United States department of defense until it withdraws its request.

3. Unless listed in paragraph 2 of this subsection, the director shall add the following non-WOTUS surface waters to the protected surface waters list:

(a) All lakes, ponds and reservoirs that are public waters used as a drinking source, for recreational or commercial fish consumption or for water-based recreation such as swimming, wading and boating and other types of recreation in and on the water.

(b) Perennial waters or intermittent waters of the state that are used as a drinking water source, including ditches and canals.

(c) Perennial or intermittent tributaries to the Bill Williams river, the Colorado river, the Gila river, the Little Colorado river, the Salt river, the San Pedro river, the Santa Cruz river and the Verde river.

(d) Perennial or intermittent public waters used for recreational or commercial fish consumption.

(e) Perennial or intermittent public waters used for water-based recreation such as swimming, wading, boating and other types of recreation in and on the water.

(f) Perennial or intermittent wetlands adjacent to waters on the protected surface waters list.

(g) Perennial or intermittent waters of the state that cross into another state, the Republic of Mexico or the reservation of a federally recognized tribe.

4. The director may add additional non-WOTUS surface waters to the protected surface waters list if all of the following apply:

(a) The water is not required to be listed under paragraph 1 or 3 of this subsection.

(b) The water is not excluded under paragraph 2 of this subsection.

(c) The economic, environmental and social benefits of adding the water outweigh the economic, environmental and social costs of excluding the water from the list.

5. The director shall remove any erroneously listed, non-WOTUS waters from the protected surface waters list when the water is excluded under paragraph 2 of this subsection and shall not regulate discharges to those waters in the interim.

6. The director shall remove non-WOTUS waters from the protected surface waters list when the water is not required to be listed under paragraph 3 of this subsection and the economic, environmental and social benefits of removing the water outweigh the economic, environmental and social costs of retaining the water on the list.

7. The director, on an emergency basis, may add a water to the protected surface waters list if the director discovers an imminent and substantial danger to public health or welfare or the environment, if the water would otherwise qualify to be added under paragraph 3 of this subsection.  Notwithstanding any other law, the emergency addition shall take effect immediately on the director's determination that describes the imminent and substantial danger in writing.  Within thirty days after the director's determination, the department shall publish a notice of that determination in the Arizona administrative register and on the department's website. Waters added under this subsection shall be incorporated into the protected surface waters list during the next rulemaking that follows the addition.
A.R.S. § 49-292.02 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 292.02
49-292.02 Financial hardship settlement
Status: in_force

49-292.02. Financial hardship settlement

A. The director shall consider any offer by a person who may be potentially liable for remedial action costs under this article or section 107(a) of CERCLA without regard to the extent of that person's liability. In order to obtain a settlement under this section, a person must demonstrate a financial hardship with respect to payment of a potential liability under this article or under CERCLA. A person whose liability under this article arose or could arise from criminal acts is not eligible to request a settlement under this section. In considering a person's ability to pay, the director shall consider all of the following:

1. The financial resources of the person, including available insurance.

2. The person's ability to continue in business after payment of a settlement amount.

3. Whether liability for the settlement amount would require the person to seek protection under federal bankruptcy law.

B. An applicant seeking settlement under this section shall submit a letter to the director requesting a financial hardship settlement on a form provided by the director. The request letter shall include the applicant's tax returns and all schedules, financial statements, balance statements and other information concerning the person's gross income and net worth for the five years preceding the date of the application on a form provided by the director. Within ninety days of the application, the director may require additional information to verify the applicant's eligibility for settlement under this section. The applicant may provide any additional information the applicant believes to be relevant. Financial information submitted by the applicant pursuant to this section and marked "confidential" shall be kept confidential by the director. If the director or the attorney general disputes a claim of confidentiality, written notice shall be provided to the person claiming the confidentiality that the claim is disputed. If the person claiming the confidentiality does not file an action for declaratory relief in superior court within thirty days after receiving this notice, the information shall be made available to the public. An applicant who submits false or intentionally misleading information is not eligible for a settlement pursuant to this section.

C. If the director verifies that the applicant has demonstrated a financial hardship with respect to payment of a potential liability under this article or CERCLA, the director shall enter into a settlement within ninety days after receipt of the request letter and other information required under this section. The settlement shall meet the requirements of section 49-292, but without regard to the extent of the person's liability, and shall be made pursuant to subsection A of this section. The director shall allow the settlement amount to be paid over time, up to a maximum of ten years, subject to payment of interest at the rate of six per cent per year. If the settlement amount is paid in full within the first five years, the payments shall not be subject to the payment of interest. An applicant may file a petition with the director to modify the payment schedule.

D. The applicant shall cooperate with the director in providing reasonable access and information necessary for the director to carry out the requirements of this article.

E. Notice of the settlement shall be published as provided in section 49-292. The notice shall provide a general description of the contents of the agreement. Any interested person may comment on whether the applicant qualifies for a settlement pursuant to this section in writing to the director. The director may withdraw from a settlement after considering the comments.

F. If the director determines that the applicant does not qualify for a settlement pursuant to this section, the director shall notify the applicant in writing within ninety days of the receipt of all information required under subsection B of this section stating the reasons. If the director does not notify the applicant within ninety days, the application is deemed denied. A denial of settlement under this section may be appealed to the office of administrative hearings pursuant to section 49-298. In any appeal made pursuant to section 49-298, the documents submitted by the applicant under subsection B of this section are not confidential. The appeal shall determine only the amount the applicant is able to pay.

G. In reviewing a proposed settlement, the federal district court or superior court shall give deference to the director's determination that the settlement is in the public interest and meets applicable legal standards for court approval. Any person challenging a proposed settlement shall bear the burden of proving that the proposed settlement does not meet the applicable legal standards for court approval. If a settlement is reached with an applicant, the confidential information supplied to the director under this section may be submitted under seal to the court for in camera review.

H. In determining the applicant's financial resources, the financial resources of all concerns in which the applicant maintains ownership, control or management may be considered by the director. A settlement under this section applies only to the applicant and does not release, affect or increase the liability of any other person. The director may adopt rules to implement this section.

I. If a settlement is made pursuant to this section, the director shall not file a lien pursuant to section 49-295 for an amount greater than the settlement.

J. Within thirty days after the director has proposed an allocation share under section 49-287.05 or a share has been allocated under section 49-287.06 to a person who has previously settled with the department pursuant to this section, the director may request that the previous settlement be reopened to determine whether the person who has settled can pay an amount that is greater than the previous settlement amount but not more than the allocated share. A decision by the director to initiate a review of the previous settlement shall be published in a newspaper of general circulation twice within a one week period. The notice shall provide a general description of the director's reasons for initiating a review of the previous settlement. Any interested person may comment in writing to the director on whether the settlement should be reopened and whether the person who previously settled with the department pursuant to this section should be required to pay a different amount from the previous settlement amount. Public comments must be received by the director within thirty days of the last date of publication. The person who settled shall submit updated versions of the documents prescribed by subsection B of this section to provide financial information since the previous settlement. Within ninety days after receipt of the information prescribed by this subsection, the director shall notify the person whether the original settlement amount will be revised. If the director determines that the original settlement amount will be revised, the director shall provide the person with the revised settlement amount and the basis for that revision. Any monies paid pursuant to the original settlement shall be credited toward any revised settlement amount. If the director does not notify the person who settled within ninety days, the original settlement amount is not subject to revision. Within thirty days after the director's decision to revise the original settlement amount, the director must petition the court having jurisdiction over the settlement. The court shall determine whether the settlement amount shall be reopened and what the settlement amount shall be, but it shall not be more than the allocated share.
A.R.S. § 49-192.01 — Arizona Code / Title 49 / Chapter 1 / Article 7 / Section 192.01
49-192.01 Voluntary environmental stewardship program; minimum qualifications
Status: in_force

49-192.01. Voluntary environmental stewardship program; minimum qualifications

A. The director shall develop, implement and administer a voluntary environmental stewardship program.  The voluntary environmental stewardship program shall provide recognition for those organizations with a history of preventing environmental law violations and incentives for organizations going above and beyond environmental law requirements.  The program shall include tiers commensurate and appropriate to the environmental impacts of an organization's facilities, activities, products or services, and be based on an organization’s level of commitment to the program.

B. The director may adopt rules to implement this article.

C. Participation in the voluntary environmental stewardship program by any organization is voluntary. The department shall approve an organization's membership in the program and shall review the organization's membership at least once every three years.  Membership shall be based on the organization's commitment to:

1. Sustained compliance with environmental laws and history of compliance with environmental laws.

2. Develop, implement and maintain an environmental management system.

3. Going above and beyond the requirements of environmental laws.

4. Pollution prevention and improving its environmental performance.

5. Reporting to the department on its environmental performance annually.

D. Notwithstanding any other law, membership in the voluntary environmental stewardship program does not constitute a license under title 41, chapter 6, and the denial or approval of membership does not constitute an appealable action or an action against the party under title 41, chapter 6, article 10.
A.R.S. § 49-285.01 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 285.01
49-285.01 Prospective purchaser or prospective remediator agreements; assignment; notice; fees; rules
Status: in_force

49-285.01. Prospective purchaser or prospective remediator agreements; assignment; notice; fees; rules

A. The department may provide, pursuant to section 49-292, to a prospective purchaser of a facility or a prospective remediator of a site a written release and a covenant not to sue and may also agree to seek an order of the court granting approval of a settlement that includes immunity from contribution claims for any potential liability for existing contamination under this article or CERCLA if all of the following conditions are met:

1. The facility is within a site identified on the registry maintained by the department pursuant to section 49-287.01 or the department has been provided sufficient information to reasonably identify the extent of the contamination at the facility.

2. The person is not currently liable for an existing or threatened release of a hazardous substance at the facility.

3. The proposed redevelopment or reuse of the facility will not contribute to or exacerbate existing known contamination or unreasonably interfere with remedial measures necessary at the facility or cause the contamination to present a substantial health risk to the public.

4. The agreement will provide a substantial public benefit that may include any of the following:

(a) An agreement by the prospective purchaser or prospective remediator to provide substantial funding or other resources to perform or facilitate remedial measures at the facility pursuant to this chapter.

(b) An agreement by the prospective purchaser or prospective remediator to perform substantial remedial measures at the facility pursuant to this chapter.

(c) Productive reuse of a vacant or abandoned industrial or commercial facility.

(d) Development of a facility by a governmental entity or nonprofit organization to address an important public purpose.

(e) Creation of conservation or recreation areas.

5. The department consults with local planning and zoning authorities with jurisdiction over the facility and considers reasonably anticipated future land uses at the facility and surrounding properties.

6. The director determines that the prospective remediator has the technical capability, financial capability and requisite access to the facility necessary to perform substantial remedial action at the facility.

B. If the prospective purchaser or prospective remediator of a facility is affiliated with any other person who is a party responsible for the release or threatened release of a hazardous substance under this chapter, through any familial relationship or any corporate or contractual relationship other than a contract to protect a security interest, the director may refuse to provide a written release or covenant not to sue or may refuse to seek an order of the court granting immunity from contribution claims under this section.

C. An agreement between the department and a prospective purchaser or prospective remediator shall include provisions deemed necessary by the department and may include:

1. A representation by the prospective purchaser or prospective remediator that the purchaser or prospective remediator did not cause or contribute to the contamination or otherwise cause or contribute to a release or threatened release of a hazardous substance at the property before the purchaser acquired title.

2. If the prospective purchaser or prospective remediator does not undertake remedial action, a representation that the purchaser or prospective remediator will not exacerbate or contribute to the existing contamination.

3. An agreement that any activity that the prospective purchaser or prospective remediator may conduct or direct on the contaminated property will not unreasonably interfere with any ongoing remedial actions that are being performed by a responsible party or the department and that the purchaser or prospective remediator will cooperate with those activities.

4. An agreement to undertake those measures that constitute a public benefit as prescribed by subsection A, paragraph 4 of this section.

5. If remedial measures are to be performed under the agreement, an agreement to perform those measures in compliance with the applicable statutes and rules, including sections 49-151 and 49-152, and if pursuant to a consent judgment, under the department's supervision.

6. Unless the contamination was caused by this state, a waiver by the person of any claim or cause of action against this state that arises from contamination at the facility that exists as of the date of acquisition of ownership or operation of the facility or as of the date of the prospective remediator agreement.

7. A grant of an easement to the department and its authorized representatives for purposes of ensuring compliance with the agreement or for remedial measures authorized pursuant to this article in connection with contamination at the facility as of the date of acquisition of ownership or operation of the facility or as of the date of the prospective remediator agreement.

8. A reservation of rights as to any person who is not a party to the agreement.

9. The legal description of the property.

10. In any case in which the state conducts remedial actions and there are unrecovered response costs at a property for which the prospective purchaser is not liable, the state as a condition of the prospective purchaser agreement may impose a lien on that property for the unrecovered costs.  The priority of the lien is as of the date the lien is recorded in the county where the property is located.  The lien becomes due on the sale, assignment or transfer of the property by the prospective purchaser unless the new purchaser, assignee or transferor accepts and assumes the lien as a personal obligation with the department's prior written agreement.

11. A demonstration by the prospective remediator that the prospective remediator has the technical capability and financial capability to sufficiently conduct the remedial measures to be performed pursuant to the prospective remediator agreement.

D. Subject to satisfactory performance of the obligations under the agreement, the prospective purchaser or prospective remediator is not liable to this state under this article for any release of a hazardous substance at the facility that exists on the date of acquisition of ownership or operation of the facility or on the date of the prospective remediator agreement. The person shall bear the burden of proving that any hazardous substance existed on the facility as a result of releases of the hazardous substance before the date of acquisition of ownership or operation of the facility or before the date of the prospective remediator agreement. This release from liability may be voided by the director if the person fails to perform any of the provisions of the prospective purchaser or prospective remediator agreement.

E. The purchaser or prospective remediator shall provide written notice to the department of any sale, assignment or other transfer of the property at least fifteen business days before the date of the transfer.

F. An agreement pursuant to this section is assignable if the assignee qualifies pursuant to subsections A and B of this section for a prospective purchaser or prospective remediator agreement under this section and notice is given to the department as prescribed by subsection E of this section. On assignment, the assignee assumes the obligations and the benefits of the agreement. Unless the assignor has breached the agreement, the assignor retains the benefits of the agreement.

G. The department shall provide notice of a prospective purchaser or prospective remediator agreement by publication in a newspaper of general circulation in the county in which the property is located at least fifteen business days before the execution of a prospective purchaser or prospective remediator agreement. The notice shall include a general description of the contents of the agreement. Any interested person may comment on the proposed agreement in writing to the director.

H. The department may charge a reasonable fee for the preparation and execution of a prospective purchaser or prospective remediator agreement. The director may adopt rules to implement this section.
A.R.S. § 49-250 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 250
49-250 Exemptions
Status: in_force

49-250. Exemptions

A. The director, by rule, may exempt specifically described classes or categories of facilities from the aquifer protection permit requirements of this article on a finding either that there is no reasonable probability of degradation of the aquifer or that aquifer water quality will be maintained and protected because the discharges from the facilities are regulated under other federal or state programs that provide the same or greater aquifer water quality protection as provided by this article.

B. The following are exempt from the aquifer protection permit requirement of this article:

1. Household and domestic activities.

2. Household gardening, lawn watering, lawn care, landscape maintenance and related activities.

3. The noncommercial use of consumer products generally available to and used by the public.

4. Ponds used for watering livestock and wildlife.

5. Mining overburden returned to the excavation site, including any common material that has been excavated and removed from the excavation site and that has not been subjected to any chemical or leaching agent or process of any kind.

6. Facilities used solely for surface transportation or storage of groundwater, surface water for beneficial use or reclaimed water that is regulated pursuant to section 49-203, subsection A, paragraph 7 for beneficial use.

7. Discharge to a community sewer system.

8. Facilities that are required to obtain a permit for the direct reuse of reclaimed water.

9. Leachate resulting from the direct, natural infiltration of precipitation through undisturbed regolith or bedrock if pollutants are not added to the leachate as a result of any material or activity placed or conducted by man on the ground surface.

10. Surface impoundments used solely to contain storm runoff, except for surface impoundments regulated by the federal clean water act or article 3.1 of this chapter.

11. Closed facilities. However, if the facility ever resumes operation the facility shall obtain an aquifer protection permit and the facility shall be treated as a new facility for purposes of section 49-243.

12. Facilities for the storage of water pursuant to title 45, chapter 3.1 unless reclaimed water is added.

13. Facilities using central Arizona project water for underground storage and recovery projects under title 45, chapter 3.1, article 6.

14. Water storage at a groundwater saving facility that has been permitted under title 45, chapter 3.1.

15. Application of water from any source, including groundwater, surface water or wastewater, to grow agricultural crops or for landscaping purposes, except as provided in section 49-247.

16. Discharges to a facility that is exempt pursuant to paragraph 6 of this subsection if those discharges are regulated pursuant to 33 United States Code section 1342 or article 3.1 of this chapter.

17. Solid waste and special waste facilities if rules addressing aquifer protection are adopted by the director pursuant to section 49-761 or 49-855 and those facilities obtain plan approval pursuant to those rules.  This exemption shall apply only if the director determines that aquifer water quality standards will be maintained and protected because the discharges from those facilities are regulated under rules adopted pursuant to section 49-761 or 49-855 that provide aquifer water quality protection that is equal to or greater than aquifer water quality protection provided pursuant to this article.

18. Facilities used in:

(a) Corrective actions taken pursuant to chapter 6, article 1 of this title in response to a release of a regulated substance as defined in section 49-1001 except for those off-site facilities that receive for treatment or disposal materials that are contaminated with a regulated substance and that are received as part of a corrective action.

(b) Response or remedial actions undertaken pursuant to article 5 of this chapter or pursuant to CERCLA.

(c) Corrective actions taken pursuant to the resource conservation and recovery act of 1976, as amended (42 United States Code sections 6901 through 6992).

(d) Other remedial actions that have been reviewed and approved by the appropriate governmental authority and taken pursuant to applicable federal or state laws.

19. Municipal solid waste landfills as defined in section 49-701 that have solid waste facility plan approval pursuant to section 49-762.

20. Storage, treatment or disposal of inert material.

21. Structures that are designed and constructed not to discharge and that are built on an impermeable barrier that can be visually inspected for leakage.

22. Pipelines and tanks designed, constructed, operated and regularly maintained so as not to discharge.

23. Surface impoundments and dry wells that are used to contain storm water in combination with discharges from one or more of the following activities or sources:

(a) Firefighting system testing and maintenance.

(b) Potable water sources, including waterline flushings.

(c) Irrigation drainage and lawn watering.

(d) Routine external building wash down without detergents.

(e) Pavement wash water if no spills or leaks of toxic or hazardous material have occurred unless all spilled material has first been removed and no detergents have been used.

(f) Air conditioning, compressor and steam equipment condensate that has not contacted a hazardous or toxic material.

(g) Foundation or footing drains in which flows are not contaminated with process materials.

(h) Occupational safety and health administration or mining safety and health administration safety equipment.

24. Industrial wastewater treatment facilities designed, constructed and operated as required by section 49-243, subsection B, paragraph 1 and using a treatment system approved by the director to treat wastewater to meet aquifer water quality standards prior to discharge, if that water is stored at a groundwater storage facility pursuant to title 45, chapter 3.1.

25. Any point source discharge caused by a storm event and authorized in a permit issued pursuant to section 402 of the clean water act or an Arizona pollutant discharge elimination system permit under article 3.1 of this chapter.

26. Except for class V wells that are operating as prescribed by rules adopted pursuant to article 3.3 of this chapter or 42 United States Code section 300h-1(c), any underground injection well covered by a permit issued under article 3.3 of this chapter or under 42 United States Code section 300h-1(c).

27. Coal combustion residuals units that are regulated under 40 Code of Federal Regulations part 257, subpart D or by a permit in effect under the coal combustion residuals program established pursuant to chapter 4, article 11 of this title and approved by the United States environmental protection agency as prescribed by 42 United State Code section 6945(d)(1).
A.R.S. § 49-152.02 — Arizona Code / Title 49 / Chapter 1 / Article 4 / Section 152.02
49-152.02 Enforcement of engineering controls; civil penalty
Status: in_force

49-152.02. Enforcement of engineering controls; civil penalty

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 section 49-152.01, the director shall give notice of the failure to maintain or failure to implement the contingency plan to the owner by certified mail.  If the owner fails to adequately implement the contingency plan, initiate satisfactory maintenance or complete the required maintenance within a reasonable time as specified in the notice, the director may issue an order that requires the implementation of the contingency plan or the maintenance or restoration of the control within a reasonable time period.

B. If the department determines that a person has failed to obtain or maintain a financial assurance mechanism approved by the department under section 49-152.01, the department may issue an order requiring that the financial assurance mechanism be obtained or restored within a reasonable amount of time.

C. An order that is issued under this section shall state with reasonable specificity the nature of the deficiency, a general description of the actions to be taken to remedy the deficiency, a time for remedying the deficiency and the right to a hearing.

D. An order that is issued pursuant to this section becomes final and enforceable in superior court unless within thirty days after the receipt of the order the recipient requests a hearing pursuant to title 41, chapter 6, article 10.  If a hearing is requested, the order does not become final until the department has issued a final decision on the appeal.

E. If the director determines that an owner has failed to comply with a final order issued pursuant to this section and as a result has created a condition that represents an actual or potential endangerment to public health or the environment, the director may enter the property and maintain or restore the engineering control.  The department shall be entitled to recover all reasonable and necessary costs of such maintenance or restoration to the extent that the maintenance or restoration is within the scope of the remedial actions specified in the order.  In seeking cost recovery, the department shall access the financial assurance mechanism pursuant to section 49-152.01, subsection B. To the extent that funds in the financial assurance mechanism are insufficient to cover the recoverable costs of maintenance or restoration, the department may seek to recover the unpaid amount from the owner, the institutional and engineering control fund established by section 49-159, or any other source of funds authorized by law for that purpose.

F. If the director determines that an owner’s failure to maintain or restore an engineering control has created an imminent and substantial endangerment to the public health or the environment, the director may request that the attorney general commence a civil action.  An action that is filed pursuant to this subsection shall have precedence over all other matters pending before the court.  The action may seek to do any or all of the following:

1. Request a temporary restraining order, a preliminary injunction or a permanent injunction to mitigate or prevent the endangerment.

2. Access the financial assurance mechanism pursuant to section 49-152.01, subsection B to mitigate or prevent the endangerment.  An action that is filed pursuant to this subsection shall have precedence over all other matters pending before the court.

G. An owner who fails to comply with a final order issued pursuant to subsection A of this section is subject to a civil penalty up to one thousand dollars per day for each day of noncompliance.  The total civil penalties that may be imposed on an owner pursuant to this subsection shall not exceed two hundred fifty thousand dollars for each final order that is violated. At the request of the director the attorney general shall file an action in superior court to recover penalties provided in this section.  In determining the amount of a civil penalty, the court shall consider the following factors:

1. The level of actual or potential threat to public health or the environment posed by the owner’s failure to comply with the order.

2. Whether the reason for the owner’s failure to comply with the order, if known, was beyond the reasonable control of the owner.

3. Whether the owner made any good faith attempt to comply with the order.

4. The financial status of the owner.

5. The economic benefit, if any, that results from the violation.

6. Other matters as justice may require.
A.R.S. § 49-218.01 — Arizona Code / Title 49 / Chapter 2 / Article 1.1 / Section 218.01
49-218.01 Brownfields cleanup revolving loan fund program; eligibility
Status: in_force

49-218.01. Brownfields cleanup revolving loan fund program; eligibility

A. The director may implement the Brownfields cleanup revolving loan fund program pursuant to the requirements of the CERCLA Brownfields cleanup revolving loan fund program.

B. The director may:

1. Enter into financial assistance agreements, as deemed appropriate, with eligible persons for the performance of eligible activities at eligible sites.

2. Apply for, accept and administer grants and other financial assistance from the federal government and from other public and private sources for the Brownfields cleanup revolving loan fund program.

3. Enter into agreements to administer the program.

4. Enter into agreements with the water infrastructure finance authority pursuant to section 49-1203 to perform any of the functions of the fund manager pursuant to the CERCLA Brownfields cleanup revolving loan fund program.

5. Assess fees to administer the Brownfields cleanup revolving loan fund program consistent with any cooperative agreement with the environmental protection agency.

C. Financial assistance monies shall be used to perform removal actions that meet the requirements of the applicable program or oversight mechanism, the CERCLA Brownfields cleanup revolving loan fund program and this article.  To the extent possible, the department shall eliminate duplicative requirements among the programs.

D. The following are not eligible for the Brownfields cleanup revolving loan fund program:

1. A site listed or proposed for listing on the national priorities list.

2. A site that is subject to state or federal unilateral administrative orders, a court order, administrative orders on consent or a judicial consent decree issued to or entered into by parties under CERCLA or this title.

3. A site that is subject to the jurisdiction, custody or control of the United States government.

E. The director, through the attorney general, may take actions necessary to enforce the loan contract and achieve repayment of loans provided under this article.
A.R.S. § 49-152 — Arizona Code / Title 49 / Chapter 1 / Article 4 / Section 152
49-152 Soil remediation standards; restrictions on property use
Status: in_force

49-152. Soil remediation standards; restrictions on property use

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 environment in accordance with the applicable provisions of this title and section 33-434.01:

1. Establish predetermined risk based standards by rule. At a minimum, separate standards shall be established for residential and nonresidential exposure assumptions. Until risk based remediation standards are formally established by rule, the director shall establish interim standards adopting:

(a) The Arizona health based guidance levels developed by the department of health services to include a health based standard for total petroleum hydrocarbons as the standards for residential uses.

(b) The guidance levels in subdivision (a) of this paragraph modified to reflect the United States environmental protection agency published assumptions for exposures that are not residential as the standards for nonresidential uses. The initial adoption of these interim standards shall be effective by December 15, 1995 and shall be deemed emergency rules pursuant to section 41-1026.

2. Issue guidance on methods for calculating case-by-case, site specific risk based remediation levels in accordance with risk assessment methodologies that are accepted in the scientific community and shall not preclude the use of newly developed risk assessment methodologies that are accepted in the scientific community.

B. The owner of a property may elect to remediate the property to meet a site specific residential or nonresidential risk based remediation standard or a predetermined residential or nonresidential risk based remediation standard. The property is suitable for unrestricted use if it has been remediated without the use of engineering or institutional controls to meet either of the following:

1. The predetermined residential risk based remediation standard.

2. A site specific risk based hazard index equal to or less than one or a risk of carcinogenic health effects that is less than or equal to the range of risk levels set forth in 40 Code of Federal Regulations section 300.430(e)(2)(i)(A)(2), based on residential exposure.

C. If the owner has elected to use an engineering or institutional control to meet the standards prescribed in subsection B of this section, or if the owner has elected to leave contamination on the property that exceeds the applicable residential standard for the property at a site remediated under programs, settlements or orders administered by the department under this title, the owner shall record in each county where the property is located an institutional control that consists of a restrictive covenant that is labeled "declaration of environmental use restriction" pertaining to the area of the property necessary to protect the public health and the environment. A person who is conducting a remedial action, remediation, corrective action or response action that requires an institutional or engineering control and who is not the owner of the property shall obtain written consent from the owner before implementing the institutional control or constructing the engineering control. On implementation of the institutional or engineering control, the owner shall record a declaration of environmental use restriction in each county where the property is located. If the institutional control or engineering control will affect right-of-way that is owned, maintained or controlled by a public entity for public benefit, the person shall also obtain the public entity's written consent before implementing the institutional control or constructing the engineering control. The declaration of environmental use restriction shall limit by legal description:

1. The area of the property where the institutional control or engineering control shall be maintained.

2. The area of the property to be restricted to nonresidential use, because contamination remains on the property above the standards prescribed in subsection B, paragraph 1 or 2 of this section.

D. At the written request of the owner of property that is subject to a declaration of environmental use restriction, the director shall determine whether release or modification of the declaration of environmental use restriction is appropriate. If a release has been requested, the director shall make this determination within sixty days after the date of the property owner's request. If the director determines that release of the declaration of environmental use restriction is appropriate, the director shall record in each county where the property is located a notice releasing the declaration of environmental use restriction. The declaration of environmental use restriction is perpetual unless released pursuant to this section. The director shall determine that release of a declaration of environmental use restriction is appropriate if the property has been remediated, without the use of institutional controls or engineering controls, to either:

1. Meet predetermined risk based remedial standards for residential exposure assumptions.

2. Present a risk based hazard index equal to or less than one from noncancer health effects and a risk estimate of carcinogenic health effects equal to or less than the range of risk levels set forth in 40 Code of Federal Regulations section 300.430(e)(2)(i)(A)(2).

E. The department shall establish a repository in the department listing sites remediated under programs administered by the department under this title. The repository shall include the name and address of the owner of the property, when the remediation was conducted, the legal description and street address of the property, the applicability of section 33-434.01, the type of financial assurance mechanism that is being used, if applicable, and a description of the purpose of the declaration of environmental use restriction.

F. When recorded, an owner's declaration of environmental use restriction under subsection B of this section is a covenant that runs with and burdens the property, binds the owner and the owner's heirs, successors and assigns and inures to the benefit of the department and the state.  If notice of the declaration of environmental use restriction that includes a specific description of the area of the property that is subject to the declaration of environmental use restriction is contained in the repository maintained by the department pursuant to subsection E of this section, a declaration of environmental use restriction may not be extinguished, limited or impaired through any of the following:

1. Sale of a real property tax lien.

2. Foreclosure of a tax lien.

3. Foreclosure of any mortgage, deed of trust or other encumbrance or lien on the property.

4. Adverse possession.

5. Exercise of eminent domain.

6. Application of the doctrine of abandonment, the doctrine of waiver or any other common law doctrine.

G. Each party to a declaration of environmental use restriction shall incorporate the terms of the declaration of environmental use restriction into any lease, license or other agreement that is signed by the party and that grants a right with respect to the property that is subject to the declaration of environmental use restriction. The incorporation may be in full or by reference.

H. A declaration of environmental use restriction is sufficient if it contains all of the following information:

1. A legal description and the address of the area of the property that is subject to the declaration.

2. The date that remediation was completed and a map of the area of the property that is subject to the declaration.

3. A description of the environmental contaminants that were the subject of the remediation, remedial action, corrective action or response action.

4. A statement that more detailed information is available at the department, including the address at which that information will be maintained.

5. A notarized signature of a department official indicating approval of the declaration of environmental use restriction.

6. The notarized signature of the owner.

I. If institutional controls are used in addition to a declaration of environmental use restriction to satisfy the requirements of this section, the declaration of environmental use restriction, in addition to the information required by subsection H of this section, shall include all of the following:

1. A statement documenting any requirements for maintenance of the institutional control, including a description of the institutional control and the reason it must remain in place to protect public health and the environment.

2. A statement indicating that if any person desires to cancel or modify the institutional control in the future, the person must obtain prior written approval from the department pursuant to this section.

3. A statement acknowledging the department's right of access to the property at all reasonable times to verify that institutional controls are being maintained.

J. If engineering controls are used to satisfy the requirements of this section, the declaration of environmental use restriction, in addition to the information required by subsection H of this section, shall include all of the following:

1. A statement of all requirements for maintenance of the engineering control including a description of the control, the date it was constructed and the reason it must remain in place to protect public health and the environment.

2. A statement that if any person desires to change the engineering controls in the future that person shall obtain prior written approval from the department.

3. A statement acknowledging the department's right of access to the property at all reasonable times to verify that engineering controls are being maintained.

4. A brief description of the engineering control plan and financial assurance mechanism prescribed by section 49-152.01, if applicable.

K. When the declaration of environmental use restriction is recorded or modified, an owner electing to use institutional or engineering controls to satisfy the requirements of this section shall pay the department a fee established by rule. If the control is an institutional control, the owner shall submit to the department a written report once each calendar year regarding the status of the institutional control. If the control is an engineering control, the owner shall maintain the engineering control on the property to ensure that it continues to protect public health and the environment and shall inspect each engineering control at least once each calendar year.  Within thirty days after each inspection, the owner shall submit to the department a written report that:

1. Describes the condition of the engineering control.

2. States the nature and cost of all restoration made to the engineering control during the calendar year.

3. Includes current photographs of the engineering control.

4. Describes the status of the financial assurance mechanism prescribed by section 49-152.01, if applicable, and a certification that the financial assurance mechanism is being maintained.

L. The department shall provide a copy of the declaration of environmental use restriction to the local jurisdiction with zoning and development plan approval for the property.  The receipt of this copy does not create any new obligation or confer additional powers on the local jurisdiction. A declaration of environmental use restriction does not authorize a use of property that is otherwise prohibited by zoning ordinances or other ordinances or laws. A declaration of environmental use restriction may include activity limitations and use restrictions that would otherwise be permitted by zoning ordinances or other ordinances or laws.

M. The department shall adopt rules as necessary to implement this section. These rules may be combined with any rules necessary to implement section 49-158.

N. The department may enter on the property at all reasonable times to assess the condition of each engineering control.  When the department enters on property to assess the condition of an engineering control, the department shall:

1. Provide twenty-four hours' advance notice of the entry to the property owner, if practicable.

2. Allow the owner or an authorized representative of the owner to accompany the department representative.

3. Present photographic identification on entry of the property.

4. Provide the owner or an authorized representative of the owner with notice of the right to have a duplicate sample or split of any sample taken during the inspection if the duplicate or split of any sample would not prohibit an analysis from being conducted or render an analysis inconclusive.

O. Nothing in this section shall preclude the department from initiating an action under other provisions of state or federal law.
A.R.S. § 49-235 — Arizona Code / Title 49 / Chapter 2 / Article 2.1 / Section 235
49-235 Rules
Status: in_force

49-235. Rules

The department shall adopt any rules necessary to implement this article.
A.R.S. § 49-202.01 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 202.01
49-202.01 Surface water quality general grazing permit; best management practices for grazing activities; definition
Status: in_force

49-202.01. Surface water quality general grazing permit; best management practices for grazing activities; definition

A. As part of the duties established pursuant to section 49-203, subsection A, paragraph 4, the director shall implement a surface water quality general grazing permit consisting of voluntary best management practices for grazing activities.

B. The terms and conditions of the surface water quality general grazing permit shall be voluntary best management practices that have been determined by the committee to be the most practical and effective means of reducing or preventing the nonpoint source discharge of pollutants into WOTUS by grazing activities.

C. In adopting voluntary grazing best management practices, the committee shall consider:

1. The availability and effectiveness of alternative technologies.

2. The economic and social impacts of alternative technologies on grazing and associated industries.

3. The institutional considerations of alternative technologies.

4. The potential nature and severity of discharges from grazing activities and their effect on WOTUS.

D. For the purposes of this section, "grazing activities" means the feeding of all classes of domestic ruminant and nonruminant animals on grasses, forbs and shrubs in Arizona watersheds.
A.R.S. § 49-287.05 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 287.05
49-287.05 Notice of liability allocation; eligibility
Status: in_force

49-287.05. Notice of liability allocation; eligibility

A. After signing the record of decision, if the director determines that cost recovery may be appropriate, the director shall notify each person that has been determined to be liable under this article of the following:

1. The boundaries of the site or portion of the site that is the subject of the notice.

2. The basis on which the director has determined the person to be a responsible party.

3. The names and addresses of all other persons who the director has determined to be responsible parties.

4. The method of allocation chosen by the director, the reason it was chosen and the percentage share of remedial action costs for which the department has determined each person to be liable, which shall total one hundred per cent. For each person's share, the department shall state the reasons for the consideration given to the factors of section 49-285, subsections E and F.

5. The record of decision selecting the remedial action and the estimated cost of the remedy. A copy of the record of decision and comprehensive responsiveness summary shall be included. The record of decision shall demonstrate that the requirements of section 49-282.06 were considered.

6. A list of all remedial action costs, other than nonrecoverable costs, incurred by the director at the site that is the subject of the notice.

7. A list of costs of approved remedial actions, other than nonrecoverable costs, incurred by the state or an eligible party at the site that is the subject of the notice.

8. A statement of the person's right to an allocation hearing pursuant to section 49-287.06 and the availability of a settlement pursuant to section 49-292, 49-292.01 or 49-292.02.

9. An offer to settle the person's liability pursuant to this article and CERCLA with respect to the site or portion of the site if the person agrees to pay seventy-five per cent of the share of remedial action costs allocated to the person by the department. If the settlement allows payment over time or satisfaction by performance of future work, the settlement shall be conditioned on the person making a substantial down payment and providing financial assurance that it can meet its obligations to satisfy the remainder of its share under the agreement. Each settlement shall be conditioned on cooperating with the department with respect to further proceedings under this article including providing access to its property for the remedial action and complying with section 49-288 except that the person may reserve the right to challenge the remedy selection. The department's offer to settle expires unless the written acceptance is received by the director within one hundred twenty days after service of notice on the person pursuant to this subsection. Any person who has been penalized under section 49-288, subsection G is not eligible to obtain a settlement under this paragraph. Settlements under this paragraph are voidable at the director's discretion if the settling party institutes an action to recover remedial action costs or response costs incurred at the subject site or facility before the time specified under section 49-287.07, subsection B.

B. If a person cannot be notified of the department's determination pursuant to this section because it no longer exists or cannot be found after reasonable efforts by the department, the department is relieved of its obligation to notify that person.

C. If a person accepts the department's offer to settle pursuant to this section within the time allowed, the department shall enter into a settlement with the person pursuant to section 49-292. The settlement shall include a covenant by the state not to sue under this article or CERCLA and, at the option of the person and subject to court approval, protection from contribution actions under this article and CERCLA. The department may revoke the settlement if the person and the department are unable to agree to reasonable terms and conditions of settlement within ninety days after the offer is accepted.
A.R.S. § 49-234 — Arizona Code / Title 49 / Chapter 2 / Article 2.1 / Section 234
49-234 Total maximum daily loads; implementation plans
Status: in_force

49-234. Total maximum daily loads; implementation plans

A. The department shall develop total maximum daily loads for those WOTUS listed as impaired pursuant to this article and for which total maximum daily loads are required to be adopted pursuant to 33 United States Code section 1313(d) and the regulations implementing that statute or that the department otherwise determines are required to restore an impaired water. The department may estimate total maximum daily loads for WOTUS not listed as impaired pursuant to this article to develop information to satisfy the requirements of 33 United States Code section 1313(d)(3) only after it has developed total maximum daily loads for all WOTUS identified as impaired pursuant to this article or if necessary to support permitting of new point source discharges.

B. In developing total maximum daily loads, the department shall use only statistical and modeling techniques that are properly validated and broadly accepted by the scientific community.  The modeling technique may vary based on the type of water and the quantity and quality of available data that meets the quality assurance and quality control requirements of section 49-232. The department may establish the statistical and modeling techniques in rules adopted pursuant to section 49-232, subsection D.

C. Each total maximum daily load shall:

1. Be based on data and methodologies that comply with section 49-232.

2. Be established at a level that will achieve and maintain compliance with applicable surface water quality standards.

3. Include a reasonable margin of safety that takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality.  The margin of safety shall not be used as a substitute for adequate data when developing the total maximum daily load.

4. Account for seasonal variations that may include setting total maximum daily loads that apply on a seasonal basis.

D. For each impaired water, either of the following applies:

1. For each impaired WOTUS, the department shall prepare a draft estimate of the total amount of each pollutant that causes the impairment from all sources and that may be added to the WOTUS while still allowing the WOTUS to achieve and maintain applicable surface water quality standards.  In addition, the department shall determine draft allocations among the contributing sources that are sufficient to achieve the total loadings. The department shall provide public notice and allow for comment on each draft estimate and draft allocation and shall prepare written responses to comments received on the draft estimates and draft allocations. The department shall publish the determinations of total pollutant loadings that will not result in impairment and the draft allocations among the contributing sources that are sufficient to achieve the total loading that it intends to submit initially to the regional administrator, along with a summary of the responses to comments on the estimated loadings and allocations, in the Arizona administrative register at least forty-five days before submission of the loadings and allocations to the regional administrator. Notwithstanding this subsection, draft allocations shall be submitted to the regional administrator only if that submission is required by the rules that implement 33 United States Code section 1313(d).

2. For non-WOTUS impaired waters, the department may prepare a draft estimate of the total amount of each pollutant that causes the impairment from all sources and that may be added to the water while still allowing the water to achieve and maintain applicable surface water quality standards.  If the department chooses to prepare a draft estimate for a non-WOTUS impaired water, the department shall do all of the following:

(a) Determine draft allocations among contributing sources that are sufficient to achieve total loadings.

(b) Provide public notice and allow for comment on the draft estimates and draft allocations.

(c) Prepare written responses to comments received on the draft estimates and draft allocations.

(d) Publish the determinations of total pollutant loadings that will not result in impairment and the draft allocations among the contributing sources that are sufficient to achieve the total loading, along with a summary of the responses to comments on the estimated loadings and allocations, in the Arizona administrative register.

E. Publication of the loadings and allocations in the Arizona administrative register is an appealable agency action pursuant to title 41, chapter 6, article 10 that may be appealed by any party that submitted written comments on the estimated loadings and allocations.  In the case of WOTUS, if the department receives a notice of appeal of a loading and allocation pursuant to section 41-1092.03 within forty-five days after the publication of the loading and allocations in the Arizona administrative register, the department shall not submit the challenged loading and allocations to the regional administrator until either the challenge to the loading and allocation is withdrawn or the director has made a final administrative decision pursuant to section 41-1092.08.

F. The department shall make reasonable and equitable allocations among sources when developing total maximum daily loads. At a minimum, the department shall consider the following factors in making allocations:

1. The environmental, economic and technological feasibility of achieving the allocation.

2. The cost and benefit associated with achieving the allocation.

3. Any pollutant loading reductions that are reasonably expected to be achieved as a result of other legally required actions or voluntary measures.

G. For each total maximum daily load, the department shall establish a TMDL implementation plan that explains how the allocations and any reductions in existing pollutant loadings will be achieved. Any reductions in loadings from nonpoint sources shall be achieved voluntarily. The department shall provide for public notice and comment on each TMDL implementation plan. Any sampling or monitoring components of a TMDL implementation plan shall comply with section 49-232.

H. Each TMDL implementation plan shall provide the time frame in which compliance with applicable surface water quality standards is expected to be achieved. The plan may include a phased process with interim targets for load reductions. Longer time frames are appropriate in situations involving multiple dischargers, technical, legal or economic barriers to achieving necessary load reductions, scientific uncertainty regarding data quality or modeling, significant loading from natural sources or significant loading resulting from discharges or activities that have already ceased.

I. For impaired waters that are impaired due in part to historical factors that are difficult to address, including contaminated sediments, the department shall consider those historical factors in determining allocations for existing point source discharges of the pollutant or pollutants that cause the impairment.  In developing total maximum daily loads for those waters, the department shall use a phased approach in which expected long-term loading reductions from the historical sources are considered in establishing short-term allocations for the point sources. While total maximum daily loads and TMDL implementation plans are being completed, any permits issued for the point sources are deemed consistent with this article if the permits require reasonable reductions in the discharges of the pollutants causing the impairment and are not required to include additional reductions if those reductions would not significantly contribute to attainment of surface water quality standards.

J. After a total maximum daily load and a TMDL implementation plan have been adopted for a protected surface water, the department shall review the status of the protected surface water at least once every five years to determine if compliance with applicable surface water quality standards has been achieved. If compliance with applicable surface water quality standards has not been achieved, the department shall evaluate whether modification of the total maximum daily load or TMDL implementation plan is required.
A.R.S. § 49-109 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 109
49-109 Certificate of disclosure of violations; remedies
Status: in_force

49-109. Certificate of disclosure of violations; remedies

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, special waste, hazardous waste, water quality or air quality in any state or federal jurisdiction or for a violation of 42 United States Code section 9603 within the five year period immediately preceding execution of the certificate.

2. Except in proceedings in which the department, or this state on behalf of the department, is or was a party, a person who is engaged in an activity subject to regulation under this title and who is or has been subject in any civil proceeding to an injunction, decree, judgment or permanent order of any state or federal court within the five year period immediately preceding the execution of the certificate that involved a violation of laws of that jurisdiction relating to solid waste, special waste, hazardous waste, used oil or used oil fuel, petroleum, water quality or air quality, except for a misdemeanor violation of section 49-550, or a violation of 42 United States Code section 9603.

B. The certificate of disclosure prescribed by subsection A of this section shall contain the following:

1. Identification of that person, including without limitation present full name, all prior names or aliases, including full birth name, present house address and all prior addresses for the immediately preceding five year period, date and location of birth and social security number.

2. The nature and description of each conviction or judicial action, the date and location, the court and public agency involved and the file or cause number of the case.

3. A written declaration that each signer swears to its contents under penalty of perjury.

C. The certificate of disclosure submitted on behalf of a corporation shall be executed by any two executive officers or directors of that corporation.

D. For purposes of subsection A of this section, "person" means a natural person, any public or private corporation, its officers, directors, trustees, incorporators and persons controlling or holding over ten per cent of the issued and outstanding common shares or ten per cent of any other proprietary, beneficial or membership interest in the corporation, a partnership, including all general partners and limited partners controlling a ten per cent or more beneficial interest in the partnership, association or society of persons, the federal government and any of its departments or agencies, this state and any of its agencies, departments, political subdivisions, counties, towns or municipal corporations.

E. Initial certificates shall be delivered to the department within ninety days after the person first becomes subject to the disclosure requirements of this section. Certificates shall be filed annually thereafter within ninety days after the close of that person's fiscal year as reported on the initial certificate.

F. By December 1 of each year, the department shall provide the attorney general with a list of all persons who were convicted of the crimes or who are the subject of the judicial actions described in subsection A of this section, as indicated from the certificates of disclosure filed during the preceding year.

G. In lieu of the certificate of disclosure prescribed by this section, a corporation may submit to the director copies of annual reports filed with the securities and exchange commission pursuant to section 13 or 15(d) of the securities exchange act of 1934 (15 United States Code section 78), commonly known as a "10-K form", within ninety days of filing the annual report.  The initial submission to the director shall include 10-K forms for the preceding five years.

H. A person who contributes information for a certificate of disclosure and who makes an untrue statement of material fact concerning the requirements of subsection B of this section or withholds any material fact concerning the requirements of subsection B of this section or a person who is obligated to file a certificate of disclosure and who fails to file the certificate is subject to the remedies prescribed in section 49-110.
A.R.S. § 49-115 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 115
49-115 Indirect cost fund; use; exemption
Status: in_force

49-115. Indirect cost fund; use; exemption

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 appropriation, monies in the fund shall be used for administrative personnel and overhead costs associated with administering federal programs and other programs paying assessments into the fund.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 49-121 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 121
49-121 Definitions
Status: in_force

49-121. Definitions

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 "toxic chemical" have the meaning set forth in section 329 of title III.

4. "Hazardous substance" has the meaning set forth in the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510; 94 Stat. 2767), as amended by SARA.

5. "SARA" means the superfund amendments and reauthorization act of 1986 (P.L. 99-499).

6. "Title III" means title III of SARA.
A.R.S. § 49-131 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 131
49-131 Toxic chemical release forms; definitions
Status: in_force

49-131. Toxic chemical release forms; definitions

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, pursuant to section 313(g) of title III, or as supplied by the department, for each toxic chemical listed in the Code of Federal Regulations by the administrator pursuant to section 313(c) of title III that was manufactured, processed or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection E of this section during the preceding calendar year at that facility. The form shall be submitted to the administrator and to the department on or before July 1 of each year and shall contain data reflecting releases in excess of the quantity of that toxic chemical established under subsection E of this section during the preceding calendar year.

B. The requirements of this section apply to owners and operators of facilities that have ten or more full-time employees and that are in standard industrial classification codes 20 through 39 in effect on July 1, 1987 as prepared by the statistical policy division of the United States office of management and budget, office of the president and that manufactured, processed or otherwise used a toxic chemical listed in 40 Code of Federal Regulations part 372 pursuant to section 313(c) and (d) of title III in excess of the quantity of that toxic chemical established under subsection E of this section during the calendar year for which the release form is required under this section.

C. The department may request the administrator to apply the requirements of this section to the owners and operators of any particular facility that manufactures, processes or otherwise uses a toxic chemical listed pursuant to section 313(c) of title III if the administrator determines that such action is warranted on the basis of toxicity of the toxic chemical, the proximity to other facilities that release the toxic chemical or to population centers, the history of releases of the chemical at the facility or such other factors as the administrator deems appropriate.

D. The toxic chemicals subject to the requirements of this section are those chemicals listed in 40 Code of Federal Regulations by the administrator pursuant to section 313(c) of title III, including any revised version of the list as may be made pursuant to section 313(d) or (e) of title III. The department, pursuant to section 313(e)(2) of title III, may petition the administrator to add a chemical to or delete a chemical from the list identified in this section.

E. The threshold amounts for purposes of reporting toxic chemicals under this section are:

1. With respect to a toxic chemical used at a facility, ten thousand pounds of the toxic chemical for the applicable calendar year.

2. With respect to a toxic chemical manufactured or processed at a facility:

(a) For the toxic chemical release form required to be submitted under this section on or before July 1, 1988, seventy-five thousand pounds of the toxic chemical per year.

(b) For the toxic chemical release form required to be submitted under this section on or before July 1, 1989, fifty thousand pounds of the toxic chemical per year.

(c) For the toxic chemical release form required to be submitted under this section on or before July 1, 1990 and for each year thereafter, twenty-five thousand pounds of the toxic chemical per year.

F. The threshold amounts for purposes of reporting toxic chemicals under this section shall be adjusted pursuant to revisions by the administrator.

G. Owners and operators of facilities subject to the requirements of this section shall provide the information required under this section on a uniform toxic chemical release form published by the administrator or on a uniform toxic chemical release form published by the department. The form shall:

1. Provide for the name and location of and principal business activities at the facility.

2. Include an appropriate certification, signed by a senior official with management responsibility for the person or persons completing the form, regarding the accuracy or completeness of the report.

3. Provide for the following information for each listed toxic chemical known to be present at the facility:

(a) Whether the toxic chemical at the facility is manufactured, processed or otherwise used, and the general category or categories of use of the chemical.

(b) An estimate of the maximum amount in ranges of the toxic chemical present at the facility at any time during the preceding calendar year.

(c) For each wastestream, the waste treatment or disposal methods employed and an estimate of the treatment efficiency typically achieved by such methods for that wastestream.

(d) The annual quantity of the toxic chemical entering each environmental medium.

H. The release forms required under this section are intended to provide information to the federal, state and local governments and to the public, including citizens of communities surrounding facilities covered by this section. The release form shall be available consistent with the trade secret provisions of title III to inform persons about releases of toxic chemicals to the environment, to assist governmental agencies, researchers and other persons in conducting research and data gathering, to aid in developing appropriate rules and regulations, guidelines and standards and for similar purposes.

I. For purposes of this section:

1. "Administrator" means the administrator of the United States environmental protection agency.

2. "Manufacture" means to produce, prepare, import or compound a toxic chemical.

3. "Process" means the preparation of a toxic chemical after its manufacture for distribution in commerce either:

(a) In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing the chemical.

(b) As part of an article containing the toxic chemical.
A.R.S. § 49-129 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 129
49-129 Material safety data sheets
Status: in_force

49-129. Material safety data sheets

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 under title 23, chapter 2, article 10, and rules adopted under that article, shall submit to the local emergency planning committee for the district in which the facility is located, the department, and the fire department with jurisdiction over the facility material safety data sheets or lists of hazardous chemicals and any extremely hazardous substances stored, handled or processed at the facility pursuant to minimum threshold levels prescribed in 40 Code of Federal Regulations part 370 as well as comply with section 311 of title III and regulations adopted under that act.

B. If a list of hazardous chemicals or extremely hazardous substances is submitted under this section, it shall include:

1. Information prescribed by section 311 of title III.

2. The chemical abstract service registry number applicable to each such chemical and substance, if available.

3. An indication of whether the owner elects to withhold information about the hazardous chemical or extremely hazardous substance from disclosure as a trade secret.

C. On request of a local emergency planning committee, the department or the local fire department with jurisdiction over the facility, an owner or operator of a facility who has submitted a list pursuant to this section shall also submit the material safety data sheet for any chemical on the list to the requesting agency. On request by any person, the local emergency planning committee may make available a material safety data sheet to the person or transmit the request to the department, which shall make the material safety data sheet available, subject to the trade secret provisions and regulations adopted under title III. If the committee or department does not have the requested material safety data sheet, the committee or department shall request the sheet from the facility owner or operator. The facility owner or operator shall make the sheet available within thirty days after receiving the request to the committee or department and the committee or department shall make the sheet available to the requesting person subject to the trade secret provisions and regulations adopted under title III.

D. Within three months after discovery by an owner or operator of a facility of significant new information concerning an aspect of a hazardous chemical for which a list or material safety data sheet was submitted, or within three months after a facility obtains a new hazardous chemical subject to the reporting requirements of this section, the owner or operator shall update and submit a revised list or material safety data sheet to the local emergency planning committee, the department and the fire department with jurisdiction over the facility.
A.R.S. § 49-202 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 202
49-202 Designation of state agency
Status: in_force

49-202. Designation of state agency

A. The department is designated as the agency for this state for all purposes of the clean water act, including section 505, the resource conservation and recovery act, including section 7002, and the safe drinking water act. The department may take all actions necessary to administer and enforce these acts as provided in this section, including entering into contracts, grants and agreements, adopting, modifying or repealing rules, and initiating administrative and judicial actions to secure to this state the benefits, rights and remedies of such acts.

B. The department shall process requests under section 401 of the clean water act for certification of permits required by section 404 of the clean water act in accordance with subsections C through I of this section. Subsections C, D, G and I of this section apply to the certification of nationwide or general permits issued under section 404 of the clean water act. If the department has denied or failed to act on certification of a nationwide permit or general permit, subsections C through I of this section apply to the certification of applications for or notices of coverage under those permits.

C. The department shall review the application for section 401 certification solely to determine whether the effect of the discharge will comply with the water quality standards for WOTUS established by department rules adopted pursuant to section 49-221, subsection A, and section 49-222. The department's review shall extend only to activities conducted within the ordinary high watermark of WOTUS. To the extent that any other standards are considered applicable pursuant to section 401(a)(1) of the clean water act, certification of these standards is waived.

D. The department may include only those conditions on certification under section 401 of the clean water act that are required to ensure compliance with the standards identified in subsection C of this section.  The department may impose reporting and monitoring requirements as conditions of certification under section 401 of the clean water act only in accordance with department rules.

E. The department may request supplemental information from the section 401 certification applicant if the information is necessary to make the certification determination pursuant to subsection C of this section. The department shall request this information in writing. The request shall specifically describe the information requested. After receipt of the applicant's written response to a request for supplemental information, the department shall either issue a written determination that the application is complete or request specific additional information. The applicant may deem any additional requests for supplemental information as a denial of certification for the purposes of subsection I of this section. In all other instances, the application is complete on submission of the information requested by the department.

F. The department shall grant or deny section 401 certification and shall send a written notice of the department's decision to the applicant after receipt of a complete application for certification. Written notice of a denial of section 401 certification shall include a detailed description of the reasons for denial.

G. The department may waive its right to certification by giving written notice of that waiver to the applicant. The department's failure to act on an application is deemed a waiver pursuant to this subsection and section 401(a)(2) of the clean water act.

H. The department shall adopt rules specifying the information the department requires an applicant to submit under this section in order to make the determination required by subsections C and D of this section. Until these rules are adopted, the department shall require an applicant to submit only the following information for certification under this section:

1. The name, address and telephone number of the applicant.

2. A description of the project to be certified, including an identification of the WOTUS in which the certified activities will occur.

3. The project location, including latitude, longitude and a legal description.

4. A United States geological service topographic map or other contour map of the project area, if available.

5. A map delineating the ordinary high watermark of WOTUS affected by the activity to be certified.

6. A description of any measures to be applied to the activities being certified in order to control the discharge of pollutants to WOTUS from those activities.

7. A description of the materials being discharged to or placed in WOTUS.

8. A copy of the application for a federal permit or license that is the subject of the requested certification.

I. Pursuant to title 41, chapter 6, article 10 an applicant for certification may appeal a denial of certification or any conditions imposed on certification. Any person who is or may be adversely affected by the denial of or imposition of conditions on the certification of a nationwide or general permit may appeal that decision pursuant to title 41, chapter 6, article 10.

J. Certification under section 401 of the clean water act is automatically granted for quarrying, crushing and screening of nonmetallic minerals in ephemeral waters if all of the following conditions are satisfied within the ordinary high watermark of jurisdictional waters:

1. There is no disposal of construction and demolition wastes and contaminated wastewater.

2. Water for dust suppression, if used, does not contain contaminants that could violate water quality standards.

3. Pollution from the operation of equipment in the mining area is removed and properly disposed.

4. Stockpiles of processed materials containing ten percent or more of particles of silt are placed or stabilized to minimize loss or erosion during flow events. For the purposes of this paragraph, "silt" means particles finer than 0.0625 millimeter diameter on a dry weight basis.

5. Measures are implemented to minimize upstream and downstream scour during flood events to protect the integrity of buried pipelines.

6. On completion of quarrying operations in an area, areas denuded of shrubs and woody vegetation are revegetated to the maximum extent practicable.

K. For the purposes of subsection J of this section, "ephemeral waters" means waters of the state that have been designated as ephemeral in rules adopted by the department.

L. Certification under section 401 of the clean water act is automatically granted for any license or permit required for:

1. Corrective actions taken pursuant to chapter 6, article 1 of this title in response to a release of a regulated substance as defined in section 49-1001 except for those off-site facilities that receive for treatment or disposal materials that are contaminated with a regulated substance and that are received as part of a corrective action.

2. Response or remedial actions undertaken pursuant to chapter 2, article 5 of this title or pursuant to CERCLA.

3. Corrective actions taken pursuant to the resource conservation and recovery act of 1976, as amended (42 United States Code sections 6901 through 6992).

4. Other remedial actions that have been reviewed and approved by the appropriate government authority and taken pursuant to applicable federal or state laws.

M. The department of environmental quality is designated as the state water pollution control agency for this state for all purposes of CERCLA, except that the department of water resources has joint authority with the department of environmental quality to conduct feasibility studies and remedial investigations relating to groundwater quality and may enter into contracts and cooperative agreements under section 104 of CERCLA for such studies and remedial investigations. The department of environmental quality may take all action necessary or appropriate to secure to this state the benefits of the act, and all such action shall be taken at the direction of the director of environmental quality as the director's duties are prescribed in this chapter.

N. The director and the department of environmental quality may enter into an interagency contract or agreement with the director of water resources under title 11, chapter 7, article 3 to implement the provisions of section 104 of CERCLA and to carry out the purposes of subsection M of this section.
A.R.S. § 49-182 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 182
49-182 Approval of remediations for cost recovery
Status: in_force

49-182. Approval of remediations for cost recovery

Any work necessary to conduct remediation pursuant to this article may qualify as a remedial action for purposes of section 49-285. Any person may submit a request to the department for approval of a remedial action  for purposes of section 49-285 by filing an application in accordance with the rules adopted pursuant to section 49-282.06.  A request may be combined with any application pursuant to this article, and the department shall be reimbursed for the cost of reviewing the application as provided in this article.  The director's approval under this section is not required to preserve any right to recover remedial costs under section 49-285.
A.R.S. § 49-241.01 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 241.01
49-241.01 Groundwater protection permit facilities; schedule; definition
Status: in_force

49-241.01. Groundwater protection permit facilities; schedule; definition

A. The director shall complete the issuance or denial of aquifer protection permits or clean closure approval for all groundwater protection permit facilities on the following schedule:

1. By January 1, 2004, for all groundwater protection permits for nonmining facilities.

2. By January 1, 2006, for all groundwater protection permits for mining facilities.

B. The failure by the director to issue or deny an aquifer protection permit for a groundwater protection permit facility within the time prescribed by this section does not excuse a person from continuing to comply with all statutory and regulatory requirements applicable to that person's facility.

C. For purposes of this section, "groundwater protection permit facility" means either of the following:

1. A facility for which a groundwater quality protection permit was issued pursuant to the Arizona administrative code and for which an aquifer protection permit has never been issued.

2. A facility for which a notice of disposal was filed pursuant to the Arizona administrative code and for which an aquifer protection permit has never been issued.
A.R.S. § 49-282 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 282
49-282 Water quality assurance revolving fund
Status: in_force

49-282. Water quality assurance revolving fund

A. The water quality assurance revolving fund is established to be administered by the director. The fund consists of monies from the following sources:

1. Monies appropriated by the legislature.

2. Fertilizer license fees allocated under section 3-272, subsection B, paragraph 2.

3. Pesticide registration fees allocated under section 3-351, subsection D, paragraph 2.

4. The tax on water use pursuant to section 42-5302.

5. Water quality assurance fees collected under section 45-616.

6. Industrial discharge registration fees collected under section 49-209.

7. Hazardous waste facility registration fees collected under section 49-929.

8. Hazardous waste resource recovery facility registration fees collected under section 49-930.

9. Monies recovered from responsible parties as remedial action costs.

10. Monies received as costs for a review of remedial actions at the request of a person other than this state.

11. Monies received from the collection of corporate income taxes under title 43, chapter 11, article 2 as prescribed by subsection B of this section.

12. Prospective purchaser or prospective remediator agreement fees collected under section 49-285.01.

B. The water quality assurance revolving fund shall be assured of an annual funding amount of $18,000,000.  At the beginning of each fiscal year, the state treasurer shall transfer the sum of $15,000,000 to the water quality assurance revolving fund from the corporate income tax as collected pursuant to title 43, chapter 11, article 2.  As custodian of the fund, the director shall certify to the governor, the state treasurer, the president of the senate and the speaker of the house of representatives at the end of that fiscal year the amount of monies deposited in the water quality assurance revolving fund pursuant to subsection A, paragraphs 1 through 8 of this section. At the end of the fiscal year the state treasurer shall adjust the $15,000,000 transfer of corporate income tax so that, when combined with monies deposited in the fund during that fiscal year pursuant to subsection A, paragraphs 1 through 8 of this section, the fund receives $18,000,000 each fiscal year.  This adjustment shall occur as part of the year-end book closing process for that fiscal year. If sufficient monies from the corporate income tax are not available to make any necessary upward adjustments as part of the year-end book closing, the state treasurer shall transfer the monies necessary to achieve the $18,000,000 funding level from the transaction privilege and severance tax clearing account pursuant to section 42-5029, subsection D, paragraph 4, to the water quality assurance revolving fund.  Any transfers prescribed by this subsection shall not be deducted from the net proceeds distributed pursuant to section 43-206.

C. At the beginning of each fiscal year, the director of environmental quality shall contract with the department of water resources for the transfer of up to $800,000 from the water quality assurance revolving fund to the Arizona water quality fund established by section 45-618 for support services for the water quality assurance revolving fund program. The support services provided for the water quality assurance revolving fund program shall be determined by the director of water resources in consultation with the director of environmental quality.

D. Monies in the fund are exempt from lapsing under section 35-190. Interest earned on monies in the fund shall be credited to the fund.

E. Monies from the water quality assurance revolving fund shall be used for the following purposes:

1. To provide state matching monies or to meet such other obligations as are prescribed by section 104 of CERCLA.

2. For all reasonable and necessary costs to implement this article, including:

(a) Taking remedial actions.

(b) Conducting investigations of an area to determine if a release or a threatened release of a hazardous substance exists.

(c) Conducting remedial investigations, feasibility studies, health effect studies and risk assessments.

(d) Identifying and investigating potentially responsible parties and allocating liability among the responsible parties.

(e) Funding orphan shares.

(f) Participating in the allocation process, administrative appeals and court actions.

(g) Funding the community advisory boards and other community involvement activities.

(h) Remediating pollutants if necessary to remediate a hazardous substance.

3. For the reasonable and necessary costs of monitoring, assessing, identifying, locating and evaluating the degradation, destruction, loss of or threat to the waters of the state resulting from a release of a hazardous substance to the environment.

4. For the reasonable and necessary costs of administering the fund.

5. For the reasonable and necessary costs of administering the industrial discharge registration program under section 49-209.

6. For the costs of the water quality monitoring program described in section 49-225.

7. For compliance monitoring, investigation and enforcement activities pertaining to generating, transporting, treating, storing and disposing of hazardous waste.  The amount to be used pursuant to chapter 5 of this title is limited to the amount received in the prior fiscal year from the hazardous waste facility registration fee.

8. For emergency response use as prescribed in section 49-282.02.

9. For all reasonable and necessary costs of the preparation and execution of prospective purchaser agreements.

10. For all reasonable and necessary costs of the voluntary remediation program.

11. To reimburse a political subdivision of this state for its reasonable, necessary and cost-effective remedial action costs incurred in response to a release or threat of a release of a hazardous substance or pollutants that presents an immediate and substantial endangerment to the public health or the environment. The political subdivision is not eligible for reimbursement until it has taken all reasonable efforts to obtain reimbursement from the responsible party and the federal government. Not more than $250,000 may be spent from the fund for this purpose in any fiscal year.

12. For all reasonable and necessary costs incurred by the department pursuant to section 49-282.04 and the department of water resources pursuant to section 45-605 for well inspections, remedial actions and review and approval of well construction necessary to prevent vertical cross-contamination.  The director of environmental quality and the director of water resources shall enter into an agreement for the transfer of these costs.

13. For actions that are taken pursuant to section 49-282.03 before the selection of a remedy.

14. For the reasonable and necessary costs of the conveyance, use or discharge of water remediated as part of a remedy under this article.

15. For the reasonable and necessary costs incurred by the department of health services at the request of the director of environmental quality to assess and evaluate the effect of a release or threatened release of hazardous substances to the public health or welfare and the environment. The director of environmental quality and the director of the department of health services shall enter into an agreement for the transfer of these costs. The assessment and evaluation by the department of health services may include:

(a) Performing health effect studies and risk assessments.

(b) Evaluating and calculating cleanup standards.

(c) Assisting in communicating health and risk issues to the public.

16. For the reasonable and necessary costs incurred by the department of law to provide legal services at the request of the director of environmental quality.

17. For the reasonable and necessary costs of contracting for the goods and services to enable the director to implement this article.

18. For remediation demonstration projects that use bioremediation or other alternative technologies.  The department may not use more than $500,000 in a fiscal year pursuant to this paragraph.

F. Any political subdivision of this state that uses, used or may use waters of the state for drinking water purposes or any state agency, regardless of whether the political subdivision or state agency is a responsible party, may apply to the director for monies from the fund to be used for remedial action. An application to the fund for remedial action costs shall not be treated as an admission that a political subdivision or an agency of this state is a responsible party, but a political subdivision or a state agency that is a responsible party is liable for remedial action costs in the same manner, including reimbursement of the fund, as any other responsible party. The political subdivision shall commit a local matching amount at least equal to the amount sought from the fund.

G. The director of environmental quality shall prepare and submit a budget for the water quality assurance revolving fund program and the director of water resources shall prepare and submit a budget for the Arizona water quality fund with the departments' budgets that are required pursuant to section 35-111. The committees on appropriations of the house of representatives and the senate shall review the water quality assurance revolving fund budget and the Arizona water quality fund budget to ensure that the departments' expenditures are made in accordance with the legislature's intent and that the departments are making adequate progress toward accomplishing that intent.
A.R.S. § 49-287 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 287
49-287 Enforcement; use of fund; inspections and information gathering; civil penalties
Status: in_force

49-287. Enforcement; use of fund; inspections and information gathering; civil penalties

A. Except as provided in section 49-286, the provisions of this article are independent of and are not subject to the enforcement remedies of article 4 of this chapter and section 49-264.

B. This section does not preclude the director from initiating actions pursuant to section 505 of the clean water act and section 1449 of the safe drinking water act. The director shall not initiate any action under section 107(a) or 107(f) of CERCLA or section 7002 of the resource conservation and recovery act to the extent that the action is inconsistent with this article, except under any of the following circumstances:

1. In an action initiated by the director filing a complaint contemporaneously with a consent decree or any other agreement to provide contribution protection or a covenant not to sue under CERCLA.

2. In an action involving a facility at a site listed on the national priorities list on April 29, 1997. In an action involving a facility at a site on the national priorities list that is listed after April 29, 1997 the director may initiate an action if the facility is not being remediated pursuant to this article or any other provision of this title.

3. In a counterclaim action when the state is sued under section 107 (a) of CERCLA, but only against the party asserting the claim. For purposes of this paragraph, "state" does not include political subdivisions of the state.

C. The director may initiate an action to recover natural resource damages under section 107(f) of CERCLA but may recover only the proportionate share of these damages from a defendant who is also a responsible party under this article.

D. Judicial actions initiated pursuant to this section have precedence over all other civil proceedings.

E. If there is a release or the threat of a release of a hazardous substance which may present an imminent and substantial danger to the public health or welfare or the environment:

1. The director may take such remedial action as he deems necessary to protect the public health or welfare or the environment.

2. The attorney general may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public health or welfare or the environment from the release.

3. The director may issue an order requiring abatement of such release or threat of a release and appropriate remedial action if the action is consistent with the criteria listed in and rules adopted pursuant to section 49-282.06 and before taking such action the director provides written notice to the responsible party, if known, and the owner of the real property where the facility is located if the owner is not a responsible party. The notice shall include:

(a) The reasons for the remedial action.

(b) A reasonable time for beginning and completing the actions, taking into account the urgency of the actions for protecting public health or welfare or the environment.

(c) The steps taken to comply with the criteria listed in and rules adopted pursuant to section 49-282.06.

(d) The intention of this state or a political subdivision to take remedial action and the possible liability of the responsible party for the costs of such actions if that action is not taken by the responsible party.

4. The director may take action pursuant to sections 49-287.01 through 49-287.07, or enter into a settlement under section 49-292 or any other applicable provision of this article. Actions taken by the director pursuant to sections 49-287.01 through 49-287.07 may substantially affect the rights and obligations of persons who may be liable under this article for the release or threatened release of a hazardous substance at a site or portion of a site for purposes of determining insurance coverage. Any action taken by the director pursuant to sections 49-287.01 through 49-287.07 is not appealable unless otherwise provided in this article.

F. A remedial action order issued under subsection E of this section becomes final and enforceable in the superior court for purposes of subsections I and J of this section unless, within thirty days after the receipt of the order, the recipient moves to quash or modify the order in the superior court. If the motion to quash or modify the order raises issues of fact, the recipient of the order and the state are entitled to conduct expedited discovery on application to the court and are entitled to a priority for trial. A party who undertakes the actions prescribed in a remedial action order issued pursuant to this section may obtain a court order to recover from the fund the reasonable and necessary costs of the actions if the party demonstrates to the court that the actions required by the order were arbitrary and capricious or otherwise were not in accordance with law, that the party is not a responsible party as prescribed by section 49-283 or for the amount of costs incurred that exceeded the party's share of liability pursuant to section 49-285.

G. If there is a release or the threat of a release of any pollutant which may present an imminent and substantial danger to the public health or welfare, the director may take such remedial action as he deems necessary to protect the public health or welfare or the environment.

H. Any remedial action costs, other than nonrecoverable costs, incurred by the director pursuant to the procedures in subsection E of this section may be recovered in a civil action brought by the attorney general against any responsible party pursuant to section 49-287.07.

I. A responsible party who wilfully violates or fails or refuses to comply with any order of the director under subsection E, paragraph 3 of this section may, in an action brought in the superior court in the appropriate county to enforce such order, be assessed a civil penalty of not more than five thousand dollars for each day in which the violation occurs or the failure to comply continues. All civil penalties assessed pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

J. A responsible party who fails, without sufficient cause, to properly provide remedial action on order of the director pursuant to subsection E, paragraph 3 of this section may be liable to this state for punitive damages in an amount up to three times the amount of any costs incurred by the director as a result of the failure to take proper action. The attorney general may commence a civil action against the responsible party to recover the remedial action costs and the punitive damages. Any punitive damages received by this state pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. The director's failure to comply with the requirements of section 49-282.06 or the director's order to take a remedial action that causes the responsible party to incur costs that exceed the responsible party's proportionate share of liability pursuant to section 49-285 is a defense to an action for punitive damages and the amount of the punitive damages requested may be reduced, in full or in part.

K. If the director may act pursuant to this section, he may undertake such investigations, monitoring, surveys, testing and other information gathering as he may deem necessary or appropriate to identify the existence and extent of the release or threat of a release, the source and nature of the hazardous substances and the extent of danger to the public health or welfare or to the environment. In addition, the director may undertake such planning, legal, fiscal, economic, engineering, architectural and other studies or investigations as he may deem necessary or appropriate to plan and direct remedial actions, to recover the costs of remedial actions, other than nonrecoverable costs, and to enforce this article.
A.R.S. § 49-224 — Arizona Code / Title 49 / Chapter 2 / Article 2 / Section 224
49-224 Aquifer identification, classification and reclassification
Status: in_force

49-224. Aquifer identification, classification and reclassification

A. Not later than June 30, 1987 the director shall, by rule, identify and define the boundaries of all aquifers in this state utilizing, to the maximum extent possible, data available from the department of water resources.

B. All aquifers in this state identified and defined under subsection A of this section and any other aquifers subsequently discovered, identified and defined shall be classified for drinking water protected use unless the classification is changed in the manner provided in subsection C of this section.

C. The director, after consulting with the appropriate groundwater users advisory council established pursuant to title 45, chapter 2, article 2 if the aquifer is in an active management area, and a public hearing held pursuant to section 49-208, may change the classification of an aquifer or part of an aquifer for a protected use other than drinking water on making all of the following findings:

1. The identified aquifer or part of an aquifer is or will be so hydrologically isolated from other aquifers or other parts of the same aquifer that there is no reasonable probability that poorer quality water from the identified aquifer or part of an aquifer will cause or contribute to a violation of aquifer water quality standards in other aquifers or parts of the same aquifer.

2. Water from the identified aquifer or part of an aquifer is not being used as drinking water.

3. The short-term and long-term benefits to the public that would result from the degradation of the quality of the water in the identified aquifer or part of an aquifer below standards established pursuant to section 49-223, subsections A and B would significantly outweigh the short-term and long-term costs to the public of such degradation. Benefits and costs to be considered include economic, social and environmental.

D. Owners or operators of facilities whose discharges are solely responsible for creating an aquifer may petition the director for a classification of the aquifer for a non-drinking water use. The director may, by rule, classify that aquifer for a non-drinking water use upon making the findings prescribed in subsection C, paragraphs 1 and 2 of this section.

E. The director shall provide for public participation in proceedings under this section pursuant to section 49-208 and shall hold at least one public hearing at a location as near as practicable to the aquifer proposed for reclassification.
A.R.S. § 49-210 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 210
49-210 Water quality fee fund; appropriation; exemption; monies held in trust
Status: in_force

49-210. Water quality fee fund; appropriation; exemption; monies held in trust

A. The water quality fee fund is established consisting of monies appropriated by the legislature and fees received pursuant to sections 49-104, 49-203, 49-211, 49-241, 49-241.02, 49-242, 49-245, 49-255.01, 49-352, 49-353 and 49-361. The director shall administer the fund.

B. Monies in the fund are subject to annual legislative appropriation to the department for water quality programs.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. 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.

D. Monies in the water quality fee fund shall be used for activities required to implement this chapter, except for articles 1.1 and 5 of this chapter, and to implement section 49-104, subsection B, paragraphs 9 through 13 and subsection C.

E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water quality fee fund shall be held in trust.  The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state.  This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
A.R.S. § 49-304 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 304
49-304 Penalty for groundwater protection data gap
Status: in_force

49-304. Penalty for groundwater protection data gap

A. A registrant of a pesticide is subject to a penalty of up to ten thousand dollars for each day that a groundwater protection data gap exists unless the information was waived pursuant to section 49-302, subsection D or a conditional registration was granted pursuant to section 49-310. In determining the amount of the penalty, the following shall be considered:

1. The extent to which the registrant has made every effort to submit the valid, complete and adequate information.

2. Circumstances beyond the control of the registrant that have prevented the registrant from submitting valid, complete and adequate information.

B. If there is a dispute between the director and a registrant regarding the existence of a groundwater protection data gap, the director or registrant shall submit the issues of the dispute to the water quality appeals board pursuant to section 49-323. The water quality appeals board shall review the evidence submitted by the registrant and the director and make recommendations to the director on whether or not the groundwater protection data gap exists.

C. The attorney general may enforce this section.

D. Any monetary penalties obtained under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 49-255 — Arizona Code / Title 49 / Chapter 2 / Article 3.1 / Section 255
49-255 Definitions
Status: in_force

49-255. Definitions

In this article, unless the context otherwise requires:

1. "AZPDES" means the Arizona pollutant discharge elimination system program as adopted under section 402(b) of the clean water act for WOTUS and under section 49-255.04 for non-WOTUS protected surface water.

2. "Discharge":

(a) Means any addition of any pollutant to protected surface waters from any point source.

(b) Does not include the addition of dredged material or fill material to non-WOTUS protected surface waters.

3. "Indirect discharge" means either of the following:

(a) The introduction of pollutants into a publicly owned treatment works from any nondomestic source that is regulated under section 307(b), (c) or (d) of the clean water act.

(b) For a publicly owned treatment works that discharges to non-WOTUS protected surface waters, the introduction of pollutants from any nondomestic source that would be regulated under section 307(b), (c) or (d) of the clean water act if the publicly owned treatment works were to discharge to a WOTUS.

4. "Industrial user" means a source of indirect discharge.

5. "Publicly owned treatment works" means a treatment works owned by this state or a municipality of this state as defined in section 502(4) of the clean water act or that discharges to a protected surface water.

6. "Sewage sludge":

(a) Means solid, semisolid or liquid residue that is generated during the treatment of domestic sewage in a treatment works.

(b) Includes domestic septage, scum or solids that are removed in primary, secondary or advanced wastewater treatment processes, and any material derived from sewage sludge.

(c) Does not include ash that is generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings that are generated during preliminary treatment of domestic sewage in a treatment works.

7. "Treatment works" means any devices and systems that are used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, the elements essential to providing a reliable recycled supply such as standby treatment units and clear well facilities, and any works that will be an integral part of the treatment process or that are used for residues resulting from that treatment.  For the programs required by sections 49-255.02 and 49-255.03, treatment works include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and any appurtenances, extensions, improvements, remodeling, additions and alterations.

8. "Upset":

(a) Means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit discharge limitations because of factors that are beyond the reasonable control of the permittee.

(b) Does not include noncompliance to the extent that it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
A.R.S. § 49-118 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 118
49-118 Notice of violation; hazardous condition; federal agency
Status: in_force

49-118. Notice of violation; hazardous condition; federal agency

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 occurs that releases pollutants to the air and water.

2. The department reasonably determines that the discharge of the pollutants was the result of the wildfire in the designated area.

B. This section does not apply on Indian lands owned or held by a federally recognized Indian tribe, nation, band or community as reservation lands, allotment lands or sovereign or proprietary lands or in any other capacity.
A.R.S. § 49-207 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 207
49-207 Discrimination prohibited
Status: in_force

49-207. Discrimination prohibited

A. No person may intimidate, threaten, restrain, coerce, blacklist, terminate or in any manner discriminate against any person because that person has filed a complaint or instituted, or caused to be instituted, a proceeding under this chapter or has testified or is about to testify in such a proceeding or has exercised, on behalf of himself or others, any right or protection afforded by this chapter.

B. A person who believes he has been discriminated against in violation of this section may, within one hundred eighty days after the violation, file a complaint with the attorney general. On receipt of the complaint, the attorney general may investigate as he deems appropriate. If, after investigation, the attorney general determines that this section has been violated, he may bring an action in superior court against any alleged violator.

C. In an action brought under this section, the court has jurisdiction to restrain a violation and order any appropriate relief, including rehiring or reinstatement of a person, with back pay and double damages.
A.R.S. § 49-287.04 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 287.04
49-287.04 Proposed remedial action plan; preliminary list of responsible parties; opportunity to comment; record of decision; appeal
Status: in_force

49-287.04. Proposed remedial action plan; preliminary list of responsible parties; opportunity to comment; record of decision; appeal

A. After evaluating the site or portion of a site under section 49-287.03, the director shall prepare a proposed remedial action plan that describes all of the following:

1. The boundaries of the site or portion of the site that is the subject of the remedial action.

2. The results of the remedial investigation and feasibility study.

3. The proposed remedy and its estimated costs.

4. How the remediation goals and selection factors in section 49-282.06 and rules adopted by the director have been considered.

B. The director shall issue notice of the proposed remedial action plan pursuant to the community involvement plan.  The notice shall:

1. Describe the proposed remedy and its estimated cost.

2. Identify where the proposed remedial action plan and remedial investigation and feasibility study report may be inspected.

3. Advise the public of the opportunity to provide comments on the proposed remedial action plan and the closing date for those comments.

C. A copy of the proposed remedial action plan shall also be sent to each person on the preliminary list of potentially responsible parties with a notice that includes the information required in subsection B of this section and that also shall:

1. Notify the recipients of the opportunity to propose alternative methods of allocation of liability among responsible parties.

2. Provide a preliminary list of potentially responsible parties and summarize the basis for each party's liability if the director determines that cost recovery may be appropriate.

3. Advise the recipient that all information known to the recipient regarding a person who may be liable under this article and any facility within the site from which a release of a hazardous substance may have occurred must be provided to the department within a reasonable period of time set by the department, but not less than sixty days.  Failure to comply with this subsection precludes a person from introducing the evidence in an allocation hearing pursuant to section 49-287.06, and in an action brought pursuant to section 49-287.07, except as otherwise prescribed by those sections.

D. Within ninety days after the end of the public comment period, if the department has received sufficient information pursuant to section 49-287.02, subsection B identifying additional persons who may be responsible under this article or facilities where a release of a hazardous substance may have occurred, the director shall investigate that person or facility within the site as provided in section 49-287.02, subsection A or shall decline to investigate and shall notify the person providing the information in writing of the director's decision.

E. If, on the basis of new information or its investigation, the department believes there is sufficient evidence that an identified person is a responsible party under this article, the department shall provide the notice and proposed remedial action plan required by subsection C of this section to that party and a revised list of potentially responsible parties to the parties originally identified in the proposed remedial action plan.  A newly identified potentially responsible party shall have the same opportunity for comment and the submission of information including information concerning additional responsible parties or releasing facilities as provided to the originally identified responsible parties under this section.  If as a result of the submission of information by subsequently identified responsible parties or its own investigation the department believes that there are additional responsible parties, it shall provide the notice required by this subsection to those parties and the previously identified responsible parties and shall comply with the other procedures prescribed by this section.

F. After the conclusion of all public comment periods prescribed by this section, the director shall prepare a comprehensive responsiveness summary. The director shall prepare the record of decision regarding the remedial action plan.

G. The director shall serve written notice that a record of decision has been signed upon each person who submitted written comments on the proposed remedy selection and all persons identified as potentially responsible parties. A notice shall be published pursuant to the community involvement plan informing the public that the record of decision and comprehensive responsiveness summary have been prepared and are available for review.

H. A record of decision signed by the director is deemed to be a final administrative decision as defined in section 41-1092 as of the date it is served pursuant to subsection G of this section. There is no right to an administrative appeal, review or rehearing by the director on the record of decision. Any person who will be adversely affected by the record of decision and who commented on the proposed remedial action plan pursuant to this section may seek judicial review of the record of decision by filing a complaint in superior court pursuant to section 12-904, subsection A. The plaintiff shall serve the notice required by section 12-904, subsection B on the director.

I. If a complaint is filed pursuant to subsection H of this section, the court action is stayed and no answer is required until twenty days after one of the following events occurs:

1. Ninety days after notice of the allocator's report is served pursuant to section 49-287.06, subsection G.

2. Notice that no allocation hearing will be held is served pursuant to section 49-287.06, subsection A.

3. Notice of termination of an allocation hearing is served pursuant to section 49-287.06, subsection I.

4. The director moves that the stay should be lifted and the court grants the motion.

J. If a complaint is filed pursuant to subsection H of this section, the director shall serve any notice required by section 49-287.06, subsection A, E or G on each person who commented on the proposed remedial action plan.

K. The director shall notify all parties to an appeal if the director intends to implement the remedy before the stay under subsection I of this section is lifted.  If the director gives this notice, the stay of the action pursuant to subsection I of this section does not preclude any party from seeking a preliminary injunction against the director from implementing the remedy.

L. On termination of the stay of an action pursuant to subsection I of this section, the director shall transmit the record to the superior court.  The record shall consist of the proposed remedial action plan, copies of all written comments on the proposed remedial action plan, the comprehensive responsiveness summary and the record of decision.  Judicial review shall be pursuant to title 12, chapter 7, article 6.  If an evidentiary hearing is held pursuant to section 12-910, subsection A, then notwithstanding section 12-910, subsection B, no evidence may be admitted by the court unless it supports a specific comment made before the conclusion of the public comment period pursuant to this section by the party seeking to introduce the evidence.  Section 12-910, subsection C does not apply to the appeal.
A.R.S. § 49-158 — Arizona Code / Title 49 / Chapter 1 / Article 4 / Section 158
49-158 Restrictions on property use; enforcement of engineering and institutional controls
Status: in_force

49-158. Restrictions on property use; enforcement of engineering and institutional controls

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 control and the remedial action, remediation, corrective action or response action is not subject to section 49-152, the owner of the property on which the institutional control or engineering control is located, on implementation of the institutional control or on construction of the engineering control, shall record in each county where the property is located a restrictive covenant that is labeled "declaration of environmental use restriction".  A person who is conducting a remedial action, remediation, corrective action or response action that requires an institutional or engineering control and who is not the owner of the property shall obtain written consent from the owner before implementing the institutional control or constructing the engineering control.  On implementation of the institutional control or construction of the engineering control, the owner shall record a declaration of environmental use restriction in each county where the property is located.  If the institutional control or engineering control will affect right-of-way that is owned, maintained or controlled by a public entity for public benefit, the person shall also obtain the public entity's written consent before implementing the institutional control or constructing the engineering control.  The declaration of environmental use restriction shall limit by legal description the area of the property where the institutional control or engineering control shall be maintained.

B. When recorded, an owner’s declaration of environmental use restriction under subsection A of this section is a covenant that runs with and burdens the property, binds the owner and the owner's heirs, successors and assigns and inures to the benefit of the department and the state.  If notice of the declaration of environmental use restriction that includes a specific description of the area of the property that is subject to the declaration of environmental use restriction is contained in the repository maintained by the department pursuant to section 49-152, subsection E, a declaration of environmental use restriction may not be extinguished, limited or impaired through any of the following:

1. Issuance of a tax deed.

2. Foreclosure of a tax lien.

3. Foreclosure of any mortgage, deed of trust or other encumbrance or lien on the property.

4. Adverse possession.

5. Exercise of eminent domain.

6. Application of the doctrine of abandonment, the doctrine of waiver or any other common law doctrine.

C. Each party to a declaration of environmental use restriction shall incorporate the terms of the declaration of environmental use restriction into any lease, license or other agreement that is signed by the party and that grants a right with respect to the property that is subject to the declaration of environmental use restriction.  The incorporation may be in full or by reference.

D. A declaration of environmental use restriction is sufficient if it contains all of the following information:

1. A legal description and the address of the area of the property that is subject to the declaration.

2. The date that remediation, remedial action, corrective action or response action was completed and a map of the area of the property that is subject to the declaration.

3. A description of the environmental contaminants that were the subject of the remediation, remedial action, corrective action or response action.

4. A statement that more detailed information is available at the department including the address at which that information will be maintained.

5. A notarized signature of a department official indicating approval of the declaration of environmental use restriction.

6. The notarized signature of the owner or owners of the property.

E. If institutional controls are used in addition to the declaration of environmental use restriction, the declaration of environmental use restriction, in addition to the information required by subsection D of this section, shall include the same elements required pursuant to section 49-152, subsection I.

F. If engineering controls are used, the declaration of environmental use restriction, in addition to the information required by subsection D of this section, shall include the same elements required pursuant to section 49-152, subsections F through J and section 49-152.01.

G. When a declaration of environmental use restriction is recorded or modified, an owner shall pay to the department a fee established by rule. The owner shall follow the same requirements for institutional controls and engineering controls pursuant to section 49-152, subsection K and section 49-152.01.

H. The department shall provide a copy of the declaration of environmental use restriction to the local jurisdiction with zoning and development plan approval for the property.  A declaration of environmental use restriction does not authorize a use of property that is otherwise prohibited by zoning ordinances or other ordinances or laws.  A declaration of environmental use restriction may include activity limitations and use restrictions that would otherwise be permitted by zoning ordinances or other ordinances or laws.  The receipt of this copy does not create any new obligation or confer additional powers on the local jurisdiction.

I. The department may enter the property pursuant to section 49-152. The department may also enforce this section as prescribed by section 49-152.02.

J. The department shall adopt rules as necessary to implement this section.

K. When the department enters on property pursuant to this section to verify that engineering controls are being maintained, the department shall meet the same requirements pursuant to section 49-152, subsection N.

L. At the written request of the owner of property that is subject to a declaration of environmental use restriction recorded pursuant to subsection A of this section, the director shall determine whether release or modification of the declaration of environmental use restriction is appropriate.  If a release has been requested, the director shall make this determination within sixty days after the date of the property owner’s request.  If the director determines that release of a declaration of environmental use restriction is appropriate, the director shall record in each county where the property is located a notice releasing the declaration of environmental use restriction.  Release by the director under this subsection is appropriate if maintenance of the institutional control or engineering control is no longer necessary to protect public health and the environment.

M. Nothing in this section shall preclude the department from initiating an action under other provisions of state or federal law.
A.R.S. § 49-361 — Arizona Code / Title 49 / Chapter 2 / Article 10 / Section 361
49-361 Sewage treatment plants; operator certification
Status: in_force

49-361. Sewage treatment plants; operator certification

The department shall adopt and enforce rules to classify sewage collection systems and treatment plants and to certify operating personnel according to the skill, knowledge and experience necessary within the classification. The rules shall provide that operating personnel may be certified on the basis of training and supervision at the place of employment. The department may assess and collect reasonable certification fees to reimburse the cost of certification services, and the fees shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210. The rules apply to all sewage treatment plants that receive and treat wastes from common collection sewers and industrial plants but do not apply to septic tanks, to devices that serve a single home or to industrial treatment devices that are used to perform or allow recycling or impounding wastes within the boundaries of the industry's property.
A.R.S. § 49-245 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 245
49-245 Criteria for issuing general permit; definitions
Status: in_force

49-245. Criteria for issuing general permit; definitions

A. Except as provided in subsection I of this section, the director may issue a general permit for a defined class of facilities if all of the following apply:

1. The cost of issuing individual permits cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits.

2. The facilities, activities or practices in the class are substantially similar in nature.

3. The director is satisfied that appropriate conditions under a general permit for operating the facilities or conducting the activity will meet the applicable requirements in section 49-243 or, as to facilities for which the director has established best management practices, section 49-246.

B. In addition to other applicable enforcement actions, if a person violates the conditions of a general permit, the director may revoke the general permit for that person and require that the person obtain an individual permit. A general permit may be revoked, modified or suspended at any time by the director if necessary to comply with this chapter.

C. Rules establishing a general permit program shall include terms and conditions to ensure that all discharges and facilities will meet the requirements of this chapter and shall provide for the collective or individual revocation of the general permit if necessary to ensure compliance with this chapter.

D. Rules adopted pursuant to this section may require a person who owns or operates a facility seeking coverage under a general permit to notify the director of the person's intent to operate the facility pursuant to the general permit, apply for coverage under the general permit and pay the applicable fee required pursuant to section 49-203.

E. Until revised rules that are proposed after December 31, 2024 are effective, and only for on-site wastewater treatment facilities with a design flow of three thousand gallons per day or more, an on-site wastewater treatment facility with a design flow of three thousand gallons per day or more but less than seventy-five thousand gallons per day may discharge under a general permit if the on-site wastewater treatment facility complies with existing general permit rules, is installed by an installer that is certified by the technology manufacturer and is operated by a service provider that is certified by the technology manufacturer. The director shall include an addendum to the general permit authorization that requires on-site wastewater treatment facilities to conduct maintenance, monitoring, recordkeeping and reporting in addition to the requirements of the general permit.

F. For an on-site wastewater treatment facility with a design flow of fifty thousand gallons per day or more or for a site with multiple on-site wastewater treatment facilities with a collective design flow of fifty thousand gallons per day or more, the director may require the facility by an addendum to the general permit authorization to provide adequate financial assurance.

G. The director shall establish fees for general permits issued pursuant to subsections E, F and I of this section. The department shall deposit the fees, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.  Fees adopted pursuant to this section are exempt from the requirements of title 41, chapter 6.

H. Not later than one hundred and eighty days after the effective date of revised general permit program rules that are proposed after September 26, 2025, a permittee prescribed by subsection E, F or I of this section shall initiate a transition of the permittee's facility consistent with the revised general permit program.  The director may not require any design modifications or fees that are associated with this transaction.

I. Not later than January 1, 2026, the director shall issue a general permit that authorizes a liquid effluent collection system that meets the following requirements:

1. The system complies with subsection A of this section.

2. The system is designed as a septic tank effluent pump system or a septic tank effluent gravity system, which may include septic tanks, collection systems, secondary treatment, disposal systems and appurtenances.

3. The system, including all components, septic tanks, collection system, secondary treatment disposal system and appurtenance, is owned or operated by a single person.

J. For the purposes of this section:

1. "Liquid effluent collection system" means a collection of lines that convey liquid effluent from multiple septic tanks, as primary treated wastewater, to a common secondary treatment system or common dispersal area through a small diameter pumping system or gravity system.

2. "Septic tank effluent gravity system" means a collection system that uses septic tanks to separate solids and allow gravity flow of effluent to a subsequent component.

3. "Septic tank effluent pump system" means a collection system that uses a septic tank to separate solids and incorporates a pump vault, pump and associated devices to convey effluent under pressure to a subsequent component.
A.R.S. § 49-255.04 — Arizona Code / Title 49 / Chapter 2 / Article 3.1 / Section 255.04
49-255.04 Special provisions for discharges to non-WOTUS protected surface waters
Status: in_force

49-255.04. Special provisions for discharges to non-WOTUS protected surface waters

A. Permits and conditions of permits for discharges to non-WOTUS protected surface waters shall not implement any sections of the clean water act, including sections 301, 302, 306, 307, 308, 312, 318 and 405, and shall not be subject to review, approval or enforcement by the United States environmental protection agency.

B. The director shall apply the rules established pursuant to sections 49-255.01, 49-255.02 and 49-255.03 to non-WOTUS protected surface waters until the director adopts rules for discharges to non-WOTUS protected surface waters, except the director is not required to follow any provisions related to United States environmental protection agency review, approval or involvement in permit review or approval. The director shall not adopt or apply rules regarding the following discharges to non-WOTUS protected surface waters:

1. Except as applied to discharges from publicly owned treatment works, requirements specific to new sources or new dischargers under the clean water act.

2. Except as applied to discharges from publicly owned treatment works, technology-based effluent limitations, standards or controls, including new source performance standards, under sections 301(b), 304(b), and 306 of the clean water act.

3. Requirements to express all permit limitations, standards or prohibitions for a metal solely in terms of total recoverable metal.

4. Requirements for review and approval of permits by the United States environmental protection agency before issuance.

C. The director shall issue general permits or authorize coverage under existing general permits, subject to the limitations prescribed in subsection B of this section and section 49-221, subsection A, paragraph 1 for point source discharges of storm water from industrial or construction activity to non-WOTUS protected surface waters.  The director shall use a best management practices approach when issuing and implementing general permits for storm water discharges from industrial or construction activity to non-WOTUS protected surface waters and may include analytical monitoring and discharge limits if best management practices cannot achieve applicable surface water quality standards.  The director may issue an individual permit for those discharges only if the director determines, using reasonably current credible and scientifically defensible data, that a particular discharge is a significant contributor of pollutants to a non-WOTUS protected surface water that causes the water to exceed one or more applicable water quality standards.  When making this determination, the director shall consider the location of the discharge with respect to the non-WOTUS protected surface water, the size of the discharge and the quantity and nature of the pollutants discharged. If the director determines that an individual permit is required for a discharge of storm water from industrial or construction activity to a non-WOTUS protected surface water, the discharger must be notified in writing and informed of the reasons for the determination and the right to appeal the individual permit determination.

D. The director shall issue general permits or authorize coverage under existing general permits, subject to the limitations in subsection B of this section and section 49-221, subsection A, paragraph 1 for other categories of potential point source discharges, including de minimis discharges, to non-WOTUS protected surface waters that involve the same or substantially similar types of operations, contain the same or substantially similar types of pollutants and are more appropriately controlled under a general permit than under an individual permit.

E. The director may adopt rules for point source discharges to non-WOTUS protected surface waters. The rules adopted by the director under this subsection shall not include any requirement that is more stringent than requirements of the clean water act, shall provide for issuing, authorizing, denying, modifying, suspending or revoking individual or general permits and shall establish permit conditions to carry out the permit program established by this section.

F. The director shall not construe any rule to require oversight by the United States environmental protection agency of permits or portions of permits for discharges to non-WOTUS protected surface waters, and a rule shall not apply if it would require review, approval or enforcement by the United States environmental protection agency of discharges to non-WOTUS protected surface waters.

G. In permits for discharges to WOTUS and non-WOTUS protected surface waters, the director shall not impose duplicative permit requirements.

H. The director shall not delegate to any city, town or county the authority to require permits for point source discharges from construction activity to non-WOTUS protected surface waters.
A.R.S. § 49-360 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 360
49-360 Monitoring assistance program for public water systems; rules; fees; monitoring assistance fund; safe drinking water program fund; rules
Status: in_force

49-360. Monitoring assistance program for public water systems; rules; fees; monitoring assistance fund; safe drinking water program fund; rules

A. The department shall establish a monitoring assistance program to assist public water systems in complying with monitoring requirements under the federal safe drinking water act (P.L. 93-523; 88 Stat. 1660; P.L. 95-190; 91 Stat. 1393; P.L. 104-182; 110 Stat. 1613; 42 United States Code sections 300f through 300j-25), as amended. The program shall provide for the collection, transportation and analysis of baseline samples from public water systems in a frequency sufficient to keep the systems in compliance with the federal safe drinking water act requirements. The department may adopt rules to establish criteria for a public water system to opt out of the monitoring assistance program. The department may conduct additional sampling for a system that triggers a detection limit set by rule to comply with the federal safe drinking water act. At a minimum, the program shall include monitoring for the following categories of contaminants:

1. Volatile organic chemicals.

2. Synthetic organic chemicals.

3. Inorganic chemicals except for copper and lead.

4. Radiochemicals.

B. The department shall contract with one or more private parties or statewide nonprofit organizations representing water systems to implement the monitoring assistance program subject to available funding. Contracts shall be awarded for up to three years. Entities with which the department contracts shall:

1. Provide updated monitoring schedules, developed in conjunction with the department, to participating water systems.

2. Take samples for participating water systems, allow for certified operators to take samples and train system personnel to take samples.

3. Assist participating water systems when resampling is required by the federal safe drinking water act.

4. Assist participating water systems to apply for and qualify for available interim monitoring relief and waivers.

5. Provide any other on-site technical assistance necessary to help the participating water systems comply with the monitoring requirements of the federal safe drinking water act.

C. Any public water systems serving more than ten thousand persons may elect to participate in the monitoring assistance program subject to the payment of the fees pursuant to subsection F of this section.

D. The department shall use licensed environmental laboratories as defined in section 36-495 or laboratories certified or designated by the United States environmental protection agency to analyze samples collected under the monitoring assistance program. The department shall establish specific criteria for measuring contractor qualifications and performance.

E. Each environmental laboratory that the department uses pursuant to subsection D of this section shall deliver copies of the analysis results to the water system owner, the monitoring assistance program contractor and the department.

F. The director shall establish fees for the monitoring assistance program to be collected from all public water systems serving up to ten thousand persons. The participating water systems shall remit these fees to the department for deposit in the monitoring assistance fund.

G. The monitoring assistance fund is established consisting of fees collected from participating public water systems pursuant to subsection F of this section and federal monies to assist in carrying out the purpose of this section. The director shall administer the fund. If the fund has a surplus after execution of the previous year's contract, any surplus of  more than the average annual operating costs as measured by the three preceding fiscal years in any year shall be used to reduce the fee for the subsequent year in a manner consistent with the program invoicing system.  Monies in the fund shall be used to pay the monitoring assistance program contractors, the environmental laboratories used for the purposes of this section and administrative costs incurred by the department. Monies in the fund are exempt from lapsing pursuant to section 35-190. Interest earned on monies in the fund shall be credited to the fund. The allowable administrative costs of the department are limited to not more than fifteen percent of monies deposited in the fund annually or $184,000, whichever is less. For the purposes of this subsection, "administrative costs" includes only those costs necessary to do the following:

1. Ensure contractor performance and quality control.

2. Administer the contracts.

3. Collect fees as provided in subsection F of this section.

4. Provide direct technical assistance related to the implementation of the monitoring assistance program only to the extent the department's assistance is required by this section.

H. The safe drinking water program fund is established consisting of monies deposited in the fund pursuant to section 42-5304. The director shall administer the fund. Subject to legislative appropriation, monies in the fund shall be used to pay for the costs of programs required by this article incurred by the department. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Interest earned on monies in the fund shall be credited to the fund.

I. The department shall adopt rules for the monitoring assistance program.

J. Any site visit made pursuant to this section by a monitoring assistance program contractor shall not be regarded as an inspection or investigation. Enforcement actions shall not be taken as a result of these site visits, except that this section does not affect the authority of the department to enforce this article pursuant to section 49-354.
A.R.S. § 49-353 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 353
49-353 Duties of director; rules; prohibited lead use
Status: in_force

49-353. Duties of director; rules; prohibited lead use

A. The director shall:

1. Exercise general supervision over all matters related to water quality control of public water systems throughout this state.

2. Prescribe rules regarding the production, treatment, distribution and testing of potable water by public water systems, except that such rules shall not apply to irrigation, industrial or similar systems where the water is used for nonpotable purposes. The rules shall comply with at least the following:

(a) The requirements established by the United States environmental protection agency for state primary enforcement responsibility of the safe drinking water act, including the requirements of 40 Code of Federal Regulations parts 141 and 142.

(b) Require that the plans and specifications for all public water systems, including water treatment plants, distribution systems, distribution system extensions, water treatment methods and devices and all appurtenances and devices for sale to be used in water supplies and public water systems be submitted with a fee for review to the department. The department, in establishing fees authorized by this section, shall comply with title 41, chapter 6. The department shall not set a fee at more than the department's cost of providing the service for which the fee is charged.  State agencies are exempt from all fees imposed pursuant to this section. Monies collected from the fees shall be deposited in the water quality fee fund established by section 49-210. The director may require that plans and specifications for public water systems include programs to meet future needs for drinking water and to supply specified minimum quantities of drinking water. The director shall:

(i) Require that a new public water system demonstrate that the system possesses adequate managerial and financial capacity to operate in compliance with this article and the rules adopted pursuant to this article.

(ii) Accept adequate findings of other public authorities regarding the adequate managerial and financial capacity of a public water system to operate in compliance with this article and the rules adopted pursuant to this article.

(c) Provide that no public water system, including a water treatment plant, distribution system, distribution system extension, water treatment method or device, appurtenance and device used in water supplies or public water systems be constructed, reconstructed, installed or initiated before compliance with the standards and rules has been demonstrated by approval of the plans and specifications by the department. The rules shall prescribe minimum standards for the bacteriological, physical and chemical quality of water distributed through public water systems. The director of environmental quality may consult with the director of the department of health services in developing these standards.

(d) Provide for a simplified administrative procedure for approving structural revisions, additions, extensions or modifications to existing small public water systems for potable water serving a population of three thousand three hundred or fewer persons.

(e) Exempt from the plan review requirements of this paragraph, including any requirements for approval to construct or approval of construction, any structural revisions, additions, extensions or modifications to public water systems which are in compliance with the department's rules applicable to those systems or which are making satisfactory progress towards compliance under a schedule approved by the department if either of the following conditions is satisfied:

(i) The revision, addition, extension or modification has a project cost of twelve thousand five hundred dollars or less.

(ii) The revision, addition, extension or modification is made to a water line which is not for a subdivision requiring plat approval by a city, town or county, and has a project cost of more than twelve thousand five hundred dollars but less than fifty thousand dollars, the design of which is sealed by a professional engineer registered in this state and the construction of which is reviewed for conformance with the design by a professional engineer.

(f) Require a notice of compliance with the conditions for exemption on the completion of any revisions, additions, extensions or modifications completed in accordance with subdivision (e) of this paragraph.

(g) Provide for the submission of samples at stated intervals.

(h) Provide for inspection and certification of such water supplies.

(i) Provide for the abatement as public nuisances of any premises, equipment, process or device, or public water system that does not comply with the minimum standards and rules.

(j) Provide for records regarding water quality to be kept by owners and operators of the public water systems and that reports regarding water quality be filed with the department.

(k) Provide for appropriate actions to be taken if a water supply does not meet the standards established by the department.

(l) Require a public water system to implement a specified program to control contamination from backflow, backsiphonage or cross connection.  All such programs shall be consistent with section 37-1388.

(m) Require that public water systems identify and provide notice to persons that may be affected by lead contamination of their drinking water where such contamination results from either or both of the following:

(i) The lead content in the construction materials of the public water distribution system.

(ii) Corrosivity of the water supply sufficient to cause leaching of lead.

(n) Provide for relief from water testing and monitoring requirements for public water systems qualifying under the federal safe drinking water act (P.L. 93-523; 88 Stat. 1661; P.L. 95-190; 91 Stat. 1393; P.L. 104-182; 110 Stat. 1613), as amended in 1996.

3. Develop and implement strategies to assist public water systems in acquiring and maintaining the technical, managerial and financial capacity to operate in compliance with this article and the rules adopted pursuant to this article. Assistance may be provided based on the needs of the water system.

B. Pipes, pipe fittings and plumbing fittings and fixtures having a lead content in excess of a weighted average of one-quarter of one percent lead when used with respect to the wetted surfaces and solders and flux having a lead content in excess of two-tenths of one percent shall not be used in the installation or repair of public water systems or of any plumbing in residential or nonresidential facilities providing water for human consumption.  The weighted average lead content of a pipe, pipe fitting or plumbing fitting or fixture shall be calculated as follows:

1. For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component.

2. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product.

3. The lead content of the material used to produce a wetted component shall be used to determine compliance with this subsection.

4. For lead content of materials that are provided as a range, the maximum content of that range shall be used.

C. Subsection B of this section does not apply to:

1. Leaded joints necessary for the repair of cast iron pipes.

2. Pipes, pipe fittings and plumbing fittings and fixtures, including backflow preventers, that are used exclusively for nonpotable water services such as manufacturing, industrial processing, irrigation, outdoor watering or any other uses where the water is not anticipated to be used for human consumption.

3. Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves or service saddles or water distribution main gate valves that are two inches in diameter or larger.

D. Notwithstanding subsection A, paragraph 2, subdivision (c) of this section, a public water system may construct, reconstruct, install, extend or initiate a water supply system, water treatment plant, distribution system, water treatment method or device, or appurtenance that is used in water supply or in a public water system when the system is out of compliance with standards and rules adopted pursuant to this article only if the construction is necessary to correct the system's noncompliance.

E. This section and the rules adopted pursuant to this section apply to public water systems as described by section 49-352, subsection B.
A.R.S. § 49-283.01 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 283.01
49-283.01 Remediated water; liability; definitions
Status: in_force

49-283.01. Remediated water; liability; definitions

A. A provider or user of remediated water is not liable for damages caused or contributed to by the use or distribution of the remediated water except on a showing of wilful, malicious or grossly negligent conduct that was the direct cause of the damages.

B. For purposes of this section:

1. "Damages" means compensation for death or injury to a person or claims for medical monitoring or injury that a person may suffer or property damage.

2. "Provider" means an owner or operator of a constructed water conveyance system for industrial, municipal or irrigation purposes.

3. "Remediated water" means water that is distributed, transported or used in connection with a CERCLA remediation or a remediation performed pursuant to this title including water that meets applicable state or federal standards.

4. "User" means an entity that accepts remediated water and uses that water for industrial, municipal, irrigation or agricultural purposes.
A.R.S. § 49-186 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 186
49-186 Rules; no licensing
Status: in_force

49-186. Rules; no licensing

A. The department shall adopt rules as necessary to implement section 49-179. The adoption of rules under this section is not a prerequisite for implementation of this article.

B. Title 41, chapter 6, article 7.1 and section 41-1009 do not apply to this article.
A.R.S. § 49-306 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 306
49-306 Groundwater protection data gap; cancellation of registration
Status: in_force

49-306. Groundwater protection data gap; cancellation of registration

A. The director shall notify the Arizona department of agriculture to cancel the registration of a pesticide for agricultural use if there is a groundwater protection data gap for that pesticide.

B. If a registrant no longer manufactures the active ingredient or pesticide in question or if it has been voluntarily withdrawn from the Arizona market, the registration of that product shall be cancelled.
A.R.S. § 49-263.01 — Arizona Code / Title 49 / Chapter 2 / Article 4 / Section 263.01
49-263.01 Arizona pollutant discharge elimination system program; violation; classification; enforcement
Status: in_force

49-263.01. Arizona pollutant discharge elimination system program; violation; classification; enforcement

A. It is unlawful for any person who is subject to section 49-255.01, 49-255.02 or 49-256.01 to knowingly or recklessly:

1. Discharge without a permit or appropriate authority under article 3.1 of this chapter.

2. Fail to monitor, sample or report discharges as required by a permit issued under article 3.1 of this chapter.

3. Violate a discharge limitation or standard specified in a permit issued under article 3.1 of this chapter.

4. Alter, modify or destroy any monitoring device, sampling method, analytical method or test result required in a permit issued under article 3.1 of this chapter in order to render the device or method inaccurate.

5. Fail to maintain, operate or repair any monitoring device required in a permit issued under article 3.1 of this chapter in order to render the device inaccurate, or fail to install any monitoring device required in a permit issued pursuant to article 3.1 of this chapter.

6. Bypass or divert waste streams from the treatment works or any portion of the treatment works resulting in a discharge, except as authorized by a permit issued under article 3.1 of this chapter.

7. Violate an effective compliance order issued for violations of article 3.1 of this chapter.

B. A reckless violation of subsection A of this section is a class 6 felony.

C. A knowing violation of subsection A of this section is a class 5 felony.

D. A person who, acting with criminal negligence, does any of the following is guilty of a class 1 misdemeanor:

1. Violates any condition of a permit issued under article 3.1 of this chapter.

2. Violates any applicable standard, limitation, filing or reporting requirement imposed under article 3.1 of this chapter.

E. A person who knowingly or recklessly manifests an extreme indifference for human life in performing an act that is prohibited under subsection A of this section is guilty of a class 2 felony and the following apply:

1. In determining whether a defendant who is an individual knowingly or recklessly manifests an extreme indifference for human life under this subsection:

(a) The person is responsible only for actual awareness or actual belief that the person possessed.

(b) Knowledge possessed by a person other than the defendant but not by the defendant may not be attributed to the defendant, except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that affirmative steps were taken by the defendant to shield the defendant from relevant information.

2. It is an affirmative defense to prosecution under this subsection that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of either:

(a) An occupation, a business or a profession.

(b) Medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person had been made aware of the risks involved before giving consent.

A defense may be established pursuant to this paragraph by a preponderance of the evidence.

F. A person who knowingly introduces into a sewer system or into a treatment works any pollutant or hazardous substance that the person knew could cause personal injury or property damage or, other than in compliance with all applicable federal, state or local requirements or permits, that causes the treatment works to violate any discharge limitation or condition in a permit issued to the treatment works pursuant to article 3.1 of this chapter or section 402 of the clean water act is guilty of a class 5 felony.

G. A person who knowingly violates a pretreatment standard or pretreatment requirement imposed under article 3.1 of this chapter, or any other federal pretreatment standard or pretreatment requirement, or any state or municipal pretreatment standard or pretreatment requirement enacted to meet the state's or municipality's obligations pursuant to article 3.1 of this chapter is guilty of a class 5 felony.

H. Each day of violation of any provision of this section constitutes a separate offense.

I. The attorney general may enforce this section.
A.R.S. § 49-296 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 296
49-296 Settlement agreements
Status: in_force

49-296. Settlement agreements

A settlement agreement made pursuant to this article may provide that the director shall reimburse a party to the agreement from the fund for the costs of specific remedial actions that the party has agreed to perform. In appropriate cases, the director may make reasonable efforts pursuant to this article to recover any fund expenditures from responsible parties who are not involved in the settlement agreement. A decision by the director not to reimburse a party from the fund for the costs of conducting a remedial action that is contained in a settlement agreement is not subject to judicial review.
A.R.S. § 49-205 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 205
49-205 Availability of information to the public
Status: in_force

49-205. Availability of information to the public

A. Any records, reports or information obtained from any person under 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:

1. Income tax returns are confidential.

2. Drinking water system security vulnerability assessments that are submitted to the United States environmental protection agency, pursuant to Public Law 107-188, are exempt from disclosure under this chapter and title 39, chapter 1.

3. Other information, or a particular part of the information, shall be considered confidential on either:

(a) A showing, satisfactory to the director, by any person that the information, or a particular part of the information, if made public, would divulge the trade secrets of the person.

(b) A determination by the attorney general that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court.

B. Notwithstanding subsection A of this section, the following information shall be available to the public:

1. The name and address of any permit applicant or permittee.

2. The chemical constituents, concentrations and amounts of any pollutant discharge.

3. The existence or level of a concentration of a pollutant in drinking water or in the environment.

C. Notwithstanding subsection A of this section, and in addition to the information prescribed by subsection B of this section, the following information that is obtained by the department and that relates to discharges authorized by a permit issued under the program adopted pursuant to section 49-203, subsection A, paragraph 2 shall be made available to the public by the department:

1. Information required to be submitted in a permit application.

2. The frequency of the discharge.

3. The temperature and pH level of the discharge.

4. Other water quality characteristics that are required to be reported under the permit.

D. Notwithstanding subsection A of this section, the director may disclose any records, reports or information obtained from any person under this chapter, including records, reports or information obtained by the director or department employees, to:

1. Other state employees concerned with administering this chapter or if the records, reports or information is relevant to any administrative or judicial proceeding under this chapter.

2. Employees of the United States environmental protection agency if such information is necessary or required to administer and implement or comply with the clean water act, the safe drinking water act, CERCLA or provisions and regulations relating to those acts.
A.R.S. § 49-287.06 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 287.06
49-287.06 Allocation hearing
Status: in_force

49-287.06. Allocation hearing

A. Ninety days after the issuance of notice pursuant to section 49-287.05, subsection A, the director shall issue a notice to each person who has not settled its liability with the department of the start of an allocation proceeding. The director shall propose the names of at least three allocators taken from a list maintained by the director. The director shall be entitled to be represented in the allocation proceeding but may waive this right. If all parties have settled, the director's notice shall advise all persons notified pursuant to section 49-287.05 that no allocation hearing will be held pursuant to this section.

B. Within fifteen days of receipt, each person receiving the notice of allocation proceeding shall respond to the director regarding the acceptability of any of the allocators on the director's list. If all of the parties cannot agree on one of the allocators proposed by the director, each party may provide the names of up to three other proposed allocators. If the director and all of the parties cannot agree on a proposed allocator within thirty days after the issuance of the director's notice pursuant to this section, the director shall request the presiding civil judge of the superior court in the county where the site is located to select an allocator. Within thirty days after the request, the presiding civil judge shall select an allocator and advise the director of the selection.

C. The director shall give all parties written notice of the selection of the allocator. The allocator shall set the date for hearing at least sixty and not more than one hundred twenty days after the date of the notice of selection of the allocator pursuant to this section. The allocator may continue the date of the hearing for good cause. Ex parte contact with the allocator regarding any of the evidence or issues in the allocation is prohibited.

D. The allocator shall conduct an allocation hearing and, on request of one or more of the parties, may conduct a mediation or settlement conference before the allocation hearing. The allocator has the power to administer oaths or affirmations to witnesses. In conducting the allocation hearing, the allocator has discretion to determine the procedures to be followed, except that:

1. Each party shall provide the allocator, the director and all parties with a disclosure statement at least thirty days before the date of the first scheduled hearing. The disclosure statement shall comply with rule 26.1, Arizona rules of civil procedure, and shall include a statement of the method of allocation proposed, a description of evidence supporting the factors listed in section 49-285, subsections E and F intended to be presented at the hearing and a description of any other relevant evidence known to the party, including information regarding the responsibility of any other person. Copies of any documentary evidence shall be included with the disclosure statement unless already in the department's public file on the site or a disclosure statement previously filed pursuant to this paragraph. Evidence that is not disclosed in a party's disclosure statement is inadmissible by that party at the hearing. Evidence that a party failed to provide the director pursuant to a request under section 49-288 is inadmissible by that party at the hearing. The liability allocation notice issued by the director pursuant to section 49-287.05, subsection A and the public record on file at the department may serve as the disclosure statement of the director and any persons who have settled their liability with the director. The director may supplement the liability allocation notice up to thirty days prior to the first scheduled hearing date. The allocator shall resolve disputes regarding the adequacy of disclosure statements.

2. The director has the burden of proving that all other parties are responsible parties under this article. The allocator shall allow each party to present evidence relevant to the liability and proportionate share of liability of any person, except as provided in paragraphs 8 and 9 of this subsection. There is no burden of proof as to the proportionate share of any person. The allocator shall hear all of the evidence and assign the proportionate shares in accordance with the considerations as specified in section 49-285, subsections E and F.

3. The allocator shall allow each party to cross-examine any other party's witnesses, except that the allocator may limit cross-examination to avoid needless delay or a needless presentation of cumulative evidence or to expedite the hearing.

4. The allocator may issue subpoenas to compel the attendance of witnesses and the production of documents. The subpoenas shall be served and, on application to the superior court, enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions. Service of the subpoena is the responsibility of the person requesting the subpoena. Discovery shall not be permitted except on a showing of good cause and due diligence as determined by the allocator.

5. The allocator may request any additional information from any party if the allocator believes that this information is necessary to assist in making a determination regarding liability or the share of any person.

6. If, during the hearing or at its conclusion, the allocator believes that additional information is necessary to issue a report, the allocator may order the parties to exchange additional information and submit posthearing evidence for a period of not more than sixty days.

7. The allocator shall use the Arizona rules of civil procedure as guidance for hearing procedures, but may depart from these rules as prompt and fair resolution of the issues demand, and shall honor all privileges recognized under Arizona law. The allocator may allow any relevant evidence, including hearsay evidence, to be admitted and shall give appropriate weight to all of the evidence. The allocator may impose time limits on individual presentations and may require the consolidation of presentations or cross-examination if this consolidation can be justified by commonality of interests. The disclosure statements and the liability allocation notice sent by the director pursuant to section 49-287.05 shall be admitted as evidence. The proceeding shall be recorded by a court reporter upon request by any party who agrees to pay the costs.

8. Except on a showing of good cause and due diligence as determined by the allocator, a party may not allege that a person is responsible for a share of liability unless that person was named in the director's list of liable persons issued pursuant to section 49-287.05 or was identified as a potentially liable person pursuant to section 49-287.04.

9. A party may not introduce evidence at the hearing regarding the liability or share of liability of any person under this article unless the director was notified of the existence of the information pursuant to section 49-287.04. The allocator may allow the introduction of that evidence if the party acquired the information after that time and if the party shows good cause and due diligence as determined by the allocator, if the party provided the evidence to the director promptly after it was acquired.

E. Within sixty days after the hearing or, if applicable, the end of the period for submitting posthearing evidence, the allocator shall issue a written allocation report identifying the persons who are liable and the proportionate share of liability of each person in accordance with section 49-285, subsections E and F in percentages adding up to one hundred per cent. The allocator shall send a copy of the report to each party.

F. All parties to the allocation shall bear an equal share of the allocator's fees and costs, which shall be specified in the allocator's report.

G. The director shall serve notice of the issuance of the allocator's report on all persons notified pursuant to subsection A of this section and on the persons who filed an appeal of the record of decision pursuant to section 49-287.04. The notice shall state that there shall be a period of ninety days after service of the notice for settlement discussions, that the allocator's findings are final unless a challenge is filed pursuant to section 49-287.07 and the period for challenging the allocator's findings as provided in section 49-287.07, subsection B.

H. The findings regarding liability and the proportionate share of liability for each person as set forth in the allocator's report are final unless a timely challenge regarding a person's liability or proportionate share is filed as provided in section 49-287.07, subsection B. The director or any other person with a claim for recovery of remedial action costs against a responsible party whose proportionate share as found by the allocator has become final pursuant to this subsection may obtain a judgment based on the proportionate share determined in the allocator's report. In any action to obtain such a judgment, the responsible party whose allocated share has become final may not dispute its proportionate share of liability as determined by the allocator, and the plaintiff may recover its costs and attorney fees incurred in obtaining and enforcing the judgment. The liability of any person that has become final pursuant to this subsection is not affected by any subsequent determination by a court in any action.

I. If all parties settle during a proceeding pursuant to this section, the director shall terminate the proceedings. If all parties, not including the director, fail or refuse to participate, the director may proceed with the allocation hearing or may terminate the proceedings. If the director terminates the proceedings, the director shall provide written notice within thirty days of termination of proceedings pursuant to this section to all persons who received notice pursuant to section 49-287.05.
A.R.S. § 49-173 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 173
49-173 Application requirements
Status: in_force

49-173. Application requirements

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 boundaries of the site or portion of a site that is the subject of the remediation.

3. A description of characterization performed at the site or portion of the site, if known.

4. A general description of the work to be performed or already performed by the applicant.  The application shall state whether the applicant is requesting one or more of the following:

(a) Approval of remedial actions to be performed.

(b) Approval of remedial actions already performed.

5. A list of the actions of the director to compel remediation that the applicant proposes to be suspended by the approval.

6. Information to confirm that the work to be performed or already performed is eligible pursuant to section 49-172.

7. The fee required pursuant to section 49-179, subsection A.

8. An agreement in which the applicant agrees:

(a) To grant access to the site or portion of a site to the department at reasonable times to verify that the work is being performed in accordance with the work plan approved pursuant to section 49-177 or has been performed in accordance with the report submitted pursuant to section 49-181.

(b) To reimburse the department for the department's costs, pursuant to section 49-179, for review of, action on and oversight of the work plan pursuant to section 49-175 and 49-177 or the report pursuant to section 49-181.

(c) To carry out the tasks described in the work plan pursuant to section 49-175 in accordance with the schedule provided in the work plan, or to submit a report pursuant to section 49-181.

(d) To meet and confer with the department regarding the progress of the tasks performed in accordance with the work plan approved pursuant to section 49-177, if applicable.

(e) To submit an advance deposit to be applied against the department's reimbursable costs pursuant to section 49-179 for review of, action on, and oversight of the work plan submitted pursuant to section 49-175 or the report submitted pursuant to section 49-181.
A.R.S. § 49-175 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 175
49-175 Work plans
Status: in_force

49-175. Work plans

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 remediation previously conducted at the site or portion of the site.  The applicant shall provide copies of the referenced reports to the department.

2. If the site or portion of the site addressed in the application has not been characterized, a plan to conduct site characterization and a schedule for completion.  The applicant shall provide a schedule for the submission of a work plan for remediation following approval of site characterization.

3. If site characterization is completed for the site or portion of the site addressed in the application, a plan for remediation which will comply with subsection B of this section and a schedule for completion as follows:

(a) The work plan shall describe how the remediation will comply with subsection B of this section and how the completion of remediation will be verified.  The applicant and the department may agree on interim performance goals.  The interim performance goals shall be guidelines used to determine the ongoing effectiveness of the remediation toward reaching the final remediation levels.

(b) The work plan may provide for the remediation to be conducted in phases or tasks that, if agreed to by the applicant, provide for the department to review and approve a completed phase or task before initiation of the next phase or task of the work plan.

4. A schedule for submission of progress reports to the department. The progress reports shall be sufficient to allow the department to determine the effectiveness of the characterization if it has not been completed, followed by the remediation.

5. A proposal for community involvement as prescribed by section 49-176.

6. If known, a list of institutional or engineering controls necessary during remediation and after completion of the proposed remediation to control exposure to contaminants.

7. A proposal for monitoring of a site or portion of a site during the remediation and after the remediation if necessary to verify whether the approved remediation levels or controls have been attained and will be maintained.

8. A list of any permits or legal requirements known by the applicant to apply to the work to be performed or already performed by the applicant.

9. If requested by the department, information regarding the financial capability of the applicant to conduct the work identified in the application.

B. Remediation levels or controls for remediation conducted pursuant to this article shall be established in accordance with rules adopted pursuant to section 49-282.06 unless one or more of the following apply:

1. The applicant demonstrates that remediation levels, institutional controls or engineering controls for remediation of contaminated soil comply with section 49-152 and the rules adopted pursuant to that section.

2. The applicant demonstrates that remediation levels, institutional controls or engineering controls for remediation of landfills or other facilities that contain materials that are not subject to section 49-152 and the rules adopted pursuant to that section will result in a condition that does not exceed a cumulative excess lifetime cancer risk between 1 x 10-4 and 1 x 10-6, and a hazard index no greater than 1.  The excess lifetime cancer risk shall be selected based on site-specific factors, including the presence of multiple contaminants, the existence of multiple pathways of exposure, the uncertainty of exposure and the sensitivity of the exposed population. Approval of the use of institutional or engineering controls shall require a demonstration that the controls will be maintained and that the requirements of section 49-158 have been met.

3. The applicant demonstrates that on achieving remediation levels or controls for a source or potential source of contamination to a WOTUS, the source of contamination will not cause or contribute to an exceedance of surface water quality standards, or if a permit is required pursuant to 33 United States Code section 1342 for any discharge from the source, that any discharges from the source will comply with the permit. Approval of the use of institutional or engineering controls shall require a demonstration that the controls will be maintained and that the requirements of section 49-158 have been met.

4. The applicant demonstrates that, on achieving remediation levels or controls for a source of contamination to an aquifer, the source will not cause or contribute to an exceedance of aquifer water quality standards beyond the boundary of the facility where the source is located.  In determining whether remediation levels or controls satisfy this requirement, the department shall consider a demonstration by the applicant that aquifer water quality standards are exceeded beyond the boundary of the facility due to naturally occurring contamination or from sources outside of the boundary. The applicant is not required to identify or evaluate other sources. Approval of the use of institutional or engineering controls shall require a demonstration that the controls will be maintained and that the requirements of section 49-158 have been met.

C. The department, at its sole discretion, may waive any work plan requirement under this section that it determines to be unnecessary to make any of the determinations required under section 49-177. Decisions under this subsection are not subject to appeal or dispute resolution under section 49-185.