A.R.S. § 49-179 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 179
49-179 Application fees; reimbursement of costs of review
Status: in_force

49-179. Application fees; reimbursement of costs of review

A. Each application submitted under section 49-173 shall be accompanied by a nonrefundable fee to be established by rule.

B. An applicant shall reimburse the department for the reasonable and necessary costs of actions taken by the department pursuant to this section and sections 49-173 through 49-178, 49-180, 49-181, 49-182 and 49-185.

C. Reimbursable costs include time spent by the department’s employees and the costs of goods and services contracted by the department to carry out the activities described in subsection B of this section.  Time spent by the department’s employees shall be reimbursed at a rate to be established by rule based upon the estimated direct and indirect costs to the department of conducting these activities.  The department shall provide documentation to the applicant to support its claims for reimbursement consistent with generally accepted accounting principles.  The department may require an applicant to pay an advance deposit to be applied against the department’s reimbursable costs following the department’s approval of an application under section 49-174. If an approved application is terminated or withdrawn pursuant to section 49-178, the applicant shall reimburse the department for its costs incurred prior to the termination or withdrawal.

D. The department may contract with an outside consultant to perform any technical review required to review a work plan submitted pursuant to section 49-175 or a report submitted pursuant to section 49-181 or to oversee work performed pursuant to a work plan approved pursuant to section 49-177 as follows:

1. The department may contract any work for which costs are reimbursable pursuant to subsection B of this section if the contract rate is less than or equal to the rate charged for time spent by the department’s employees.

2. The department may contract any work upon the request of an applicant to establish deadlines for a review of a work plan or a task under an approved work plan if the applicant agrees to reimburse the department for the charges of the outside consultant.
A.R.S. § 49-362 — Arizona Code / Title 49 / Chapter 2 / Article 10 / Section 362
49-362 Calculation of wastewater treatment capacity; gray water; definition
Status: in_force

49-362. Calculation of wastewater treatment capacity; gray water; definition

A. The department may adopt rules for calculating a reduction in capacity or design flow for sewage treatment facilities if gray water reuse infrastructure for a subdivision is approved by the department.

B. For the purposes of this section, "subdivision" has the same meaning prescribed in section 32-2101.
A.R.S. § 49-356 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 356
49-356 Water systems; designating lead agency; coordinating council
Status: in_force

49-356. Water systems; designating lead agency; coordinating council

A. The department of environmental quality is designated as the lead agency to review the operations of water systems and the practices of governmental agencies that oversee and regulate them.

B. A water systems coordinating council is established in the department of environmental quality consisting of representatives of at least the following governmental entities and agencies or private water systems:

1. The department of environmental quality.

2. The corporation commission.

3. The state real estate department.

4. The department of water resources.

5. The department of health services.

6. The office of the state fire marshal in the Arizona department of forestry and fire management.

7. One representative of the health department of a county having a population exceeding one million five hundred thousand persons.

8. One representative of the health department of a county having a population exceeding five hundred thousand but not exceeding one million five hundred thousand persons.

9. One member who is appointed by the director and who represents county planning and zoning departments.

10. One member who is appointed by the director and who represents a city or town with a population of less than ten thousand.

11. One member who is appointed by the director and who represents investor owned water systems.

C. The determination of the number and appointment of representatives for the departments designated in subsection B, paragraphs 1, 4 and 5 of this section shall be made by the director of the respective departments. The determination of the number and appointment of representatives of the state real estate department shall be made by the commissioner of the state real estate department. The determination of the number and appointment of representatives of the office of the state fire marshal shall be made by the state forester. The appointment of representatives under subsection B, paragraphs 7 and 8 of this section shall be made by the director of the department of health services.

D. Additional members may be appointed at the discretion of the council.  A representative from the department of environmental quality, selected by the director, shall serve as chairman of the council. The council shall meet at least quarterly and may meet more often to conduct its business.

E. The council shall:

1. Develop public education and information programs for owners, operators and customers of water systems.

2. Identify programs to advise and assist owners and operators of water systems in management, accounting, engineering and other technical areas.

3. Integrate and coordinate information databases among member agencies.

4. Evaluate the statutory and regulatory authority of governmental entities regarding water systems and recommend appropriate changes.

5. Develop any other programs and recommendations that would benefit the owners, operators and customers of water systems and the statutory and regulatory practices of government agencies.

6. Identify sources of funding to accomplish the purposes of this section.

7. Investigate mechanisms to ensure the financial viability of new water systems before they begin operation.
A.R.S. § 49-144 — Arizona Code / Title 49 / Chapter 1 / Article 3 / Section 144
49-144 Right to enter premises for inspection or abatement
Status: in_force

49-144. Right to enter premises for inspection or abatement

If a county board of health or a local health or environmental department deems it necessary to enter any building, structure or other property within its jurisdiction for the purpose of examining, destroying, removing or preventing an environmental nuisance and is refused entrance, any member of the board or officer of the department may make a complaint of the refusal under oath to a justice of the peace. The justice of the peace shall issue a warrant directing the sheriff or other peace officer accompanied by and under the direction of at least one member of the board or department to examine, destroy, remove or prevent, between the hours of sunrise and sunset, the environmental nuisance.
A.R.S. § 49-255.03 — Arizona Code / Title 49 / Chapter 2 / Article 3.1 / Section 255.03
49-255.03 Sewage sludge program; rules and requirements
Status: in_force

49-255.03. Sewage sludge program; rules and requirements

A. The director shall adopt rules to establish a sewage sludge program that is consistent with the requirements of sections 402 and 405 of the clean water act.  Except as otherwise required by this article, the director shall not adopt any requirement that is more stringent than any requirements of the clean water act. The director shall not adopt any requirement that conflicts with any requirement of the clean water act.

B. The rules adopted by the director shall provide for the regulation of all sewage sludge use or disposal practices used in this state.

C. Notwithstanding any other law or rule, the director shall require any land application of a substance that contains sewage or septage to comply with the rules established pursuant to subsection A of this section, including pathogen reduction requirements that is consistent with the clean water act.

D. Notwithstanding any other law or rule, a biosolid combined with a solid waste shall be regulated as a solid waste pursuant to chapter 4 of this title.
A.R.S. § 49-245.02 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 245.02
49-245.02 General permit for certain discharges associated with man-made bodies of water
Status: in_force

49-245.02. General permit for certain discharges associated with man-made bodies of water

A. A general permit is issued for the following discharges:

1. Disposal in vadose zone injection wells of storm water mixed with reclaimed wastewater or groundwater, or both, from man-made bodies of water associated with golf courses, parks and residential common areas, provided that:

(a) The vadose zone injection wells are inventoried pursuant to the underground injection control program under either:

(i) State rules approved by the United States environmental protection agency pursuant to 42 United States Code section 300h.

(ii) Federal regulations adopted by the United States environmental protection agency pursuant to 42 United States Code section 300h.

(b) The discharge occurs only in response to storm events.

(c) With the exception of the aquifer water quality standard for microbiological contaminants, the reclaimed wastewater meets aquifer water quality standards before being placed into the body of water, as documented by a water quality analysis submitted with the vadose zone injection well registration. The owner or operator of the vadose zone injection wells shall demonstrate continued compliance with this subdivision by submitting to the department the results of any monitoring required as part of an aquifer protection permit or wastewater reuse permit for any facility providing reclaimed wastewater to the man-made body of water. For purposes of this general permit, monitoring shall be conducted at least semiannually. The monitoring results shall be submitted to the department semiannually beginning six months after the inventory made pursuant to subdivision (a) of this paragraph.

(d) The vadose zone injection wells shall be located at least one hundred feet from any water supply well.

(e) A vertical separation of forty feet shall be provided between the bottom of the vadose zone injection wells and the water table to allow the aquifer water quality standard for microbiological contaminants to be met in the uppermost aquifer.

(f) The vadose zone injection wells are not used for any other purpose.

2. Subsurface discharges from man-made bodies of water associated with golf courses, parks and residential common areas, provided that:

(a) The body of water contains only groundwater, storm water or reclaimed wastewater, or a combination thereof.

(b) The reclaimed wastewater complies with the terms of a wastewater reuse permit before being placed into the body of water.

(c) The body of water is lined and maintained to achieve a hydraulic conductivity of 10-7 cm/sec or less.

3. Point source discharges to protected surface waters from man-made bodies of water associated with golf courses, parks and residential common areas that contain only groundwater, storm water or reclaimed wastewater, or a combination thereof, provided that:

(a) The discharges are subject to a valid national pollutant discharge elimination system permit or an Arizona pollutant discharge elimination system permit under article 3.1 of this chapter.

(b) The discharges occur only in response to storm events.

(c) With the exception of the aquifer water quality standard for microbiological contaminants, the reclaimed wastewater meets aquifer water quality standards before being placed into the body of water.

B. If the director determines that discharges from a facility covered by this general permit are causing a violation of aquifer water quality standards, the director may revoke the general permit of the facility or may require that an individual permit be obtained pursuant to section 49-243. If the director determines that discharges from a facility covered by this general permit may cause, with reasonable probability, a violation of aquifer water quality standards, the director may require the facility to obtain an individual permit pursuant to section 49-243.
A.R.S. § 49-222 — Arizona Code / Title 49 / Chapter 2 / Article 2 / Section 222
49-222 Water quality standards for WOTUS
Status: in_force

49-222. Water quality standards for WOTUS

A. Standards for the quality of WOTUS shall assure water quality, if attainable, which provides for protecting the public health and welfare, and shall enhance the quality of water taking into consideration its use and value for public water supplies, the propagation of fish and wildlife and recreational, agricultural, industrial and other purposes including navigation.

B. The director shall adopt standards for the quality of all WOTUS that establish numeric limitations on the concentrations of each of the toxic pollutants listed by the administrator pursuant to section 307 of the clean water act (33 United States Code section 1317).

C. In setting numeric standards for the quality of WOTUS, the director may consider the effect of local water quality characteristics on the toxicity of specific pollutants and the varying sensitivities of local affected aquatic populations to such pollutants, and the extent to which the natural flow of the stream is intermittent or ephemeral, as a result of which the instream flow consists mostly of treated wastewater effluent, except that such standards shall not, in any event, be inconsistent with the clean water act. In applying such standards the director may establish appropriate mixing zones.
A.R.S. § 49-125 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 125
49-125 Comprehensive emergency response plans
Status: in_force

49-125. Comprehensive emergency response plans

A. The local emergency planning committees shall comply with section 303 of title III.

B. Based on information from the commission and state and local emergency and disaster agencies and departments, as well as information obtained from facilities subject to this article and title III, each local committee shall prepare and annually review an emergency response plan for its emergency planning district in order to address emergencies due to releases from facilities and transportation vehicles in its emergency planning district. After completing an emergency plan for an emergency planning district, the local emergency planning committee shall provide a copy of the plan to the district's governmental entity for incorporation into the entity's emergency operations plan and submit a copy of the plan to the commission. The commission shall review the plan and make recommendations to the committee on revisions that may be necessary to ensure that it meets the requirements of this article or any rules adopted under this article. The commission shall further ensure that the plan is coordinated with the emergency response plans of adjoining emergency planning districts as applicable. To prevent a delay in implementing any emergency plan, the commission shall endeavor to review each plan within a sixty day period and provide comments or recommendations for modifications within that period. The commission shall establish a period of time, not normally to exceed sixty days, for the committee to resubmit the emergency plan. The commission, at its own initiative, may assign the highest priority to those plans which include the geographic areas which have the greatest number of facilities that pose the greatest risk of harm to the public health, safety or welfare or the environment.

C. Each local emergency planning committee shall conduct at least a biennial exercise of its emergency plan and shall provide at least thirty days' notice of these exercises to the commission. The region IX United States environmental protection agency office of primary responsibility for title III, or its successor, or the commission may participate in exercise development and observe the exercise and may provide comments to the committee regarding the exercise.

D. Each local emergency planning committee shall evaluate the need for resources necessary to develop, implement and exercise the emergency plan in its district and shall make recommendations with respect to the need for additional resources that may be required and the means for providing such additional resources.

E. Each emergency plan shall include provisions listed in section 303C of title III and, in addition, shall include:

1. Identifying the heads of the emergency response organizations for designated areas or local governments in the district who shall make determinations necessary to implement the plan.

2. A description of specialized equipment, facilities, personnel and emergency response organizations available in the district to respond to releases subject to this section.

3. Mutual aid agreements with other districts, and the allocation of emergency response resources for responding to releases subject to this section, if applicable.
A.R.S. § 49-209 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 209
49-209 Industrial discharges to community sewer systems; registration; fee
Status: in_force

49-209. Industrial discharges to community sewer systems; registration; fee

A. Each person that is required to obtain a permit for discharges into a community sewer system under federal categorical industrial pretreatment regulations and standards shall register each year with the director and pay an annual registration fee of two hundred fifty dollars.

B. On or before January 31 each year each public or private entity that issues a permit for discharges into a community sewer system shall transmit to the director a list of current permittees and their addresses. The director shall prescribe a procedure for notifying permittees of the registration requirements of this section and collecting the prescribed fee.

C. The director shall deposit all monies collected under this section in the water quality assurance revolving fund established by section 49-282 and may authorize expenditures from the fund, pursuant to section 49-282, to pay the reasonable and necessary costs of administering the registration program.
A.R.S. § 49-351 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 351
49-351 Designation of responsible state agency
Status: in_force

49-351. Designation of responsible state agency

A. The department of environmental quality is designated as the responsible agency for this state to take all actions necessary or appropriate to ensure that all potable water distributed or sold to the public through public water systems is free from unwholesome, poisonous, deleterious or other foreign substances and filth or disease causing substances or organisms. All such actions shall be taken at the direction of the director of the department.

B. All state agencies and any local health agencies involved with water quality, at the request of the director, shall provide to the department any assistance requested to ensure that this article is effectuated.
A.R.S. § 49-292 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 292
49-292 Settlement; authority and effect
Status: in_force

49-292. Settlement; authority and effect

A. The director shall consider any offer of settlement by a person that is potentially liable for remedial action costs under this article and CERCLA. The director shall consider the factors in section 49-282.06 and section 49-285, subsections E and F in determining whether to settle any person's liability. In determining the settlement amount, the director shall take into account any past costs incurred for remedial actions at the site by the person. Costs of remedial actions that are incurred by an eligible party as defined in section 49-281, that are or have been approved by the director pursuant to section 49-285, subsection B and that are conducted under the oversight of the director shall be used as a credit against that eligible party's liability. This section does not require the director to reimburse from the fund the orphan share of costs of approved remedial actions incurred by an eligible party before June 30, 1997. The director may enter into a settlement agreement or consent decree with a potentially responsible party or with a prospective purchaser or prospective remediator pursuant to section 49-285.01 without making an express finding in the settlement agreement or consent decree regarding an imminent and substantial endangerment to the public health or welfare, the waters of this state or the environment.

B. In any settlement agreement or consent decree entered into pursuant to subsection A of this section, the director may provide any potentially responsible party with a covenant not to sue concerning any liability to this state under this article or under CERCLA, including future liability that may result from a release or threat of a release of a hazardous substance addressed by a remedial action, whether that action is on site or off site. A covenant not to sue takes effect when the settlement agreement or consent decree becomes final. A covenant not to sue with respect to future liability shall include an exception that allows the director to sue the responsible party concerning future liability from the release or threatened release that is the subject of the covenant if the liability arises out of conditions that are unknown to the director at the time the director enters into the covenant. A covenant not to sue does not preclude the director from suing the potentially responsible party for failure to comply with the terms of the settlement agreement or consent decree in which the covenant was included.

C. A potentially responsible party that has resolved its liability to this state that arises from this article or from CERCLA in a judicially approved consent decree is not liable for claims for contribution or cost recovery regarding matters addressed in the consent decree. Any such judicially approved consent decree does not discharge other potentially responsible parties unless its terms so provide, but such a settlement does reduce the potential liability of other potentially responsible parties by the amount of the settlement.  If a potentially responsible party receives an allocation pursuant to section 49-287.06 or 49-287.07 that is less than the amount the potentially responsible party agreed to pay this state pursuant to a settlement agreement or consent decree, the excess amount paid by the potentially responsible party shall be credited to the fund.  Any payment by a potentially responsible party in excess of the allocation shall not reduce the proportionate liability of any other potentially responsible party.

D. If this state has obtained less than complete relief from a potentially responsible party that has resolved its liability to this state, this state may bring an action against any other potentially responsible party pursuant to section 49-287.07 that has not so resolved its liability.

E. A potentially responsible party that has resolved its liability to this state may seek contribution for matters addressed in the settlement from any person that is not a party to a settlement entered into under this section.

F. In any action under this section, the rights of any potentially responsible party that has resolved its liability to this state in a judicially approved consent decree or a settlement agreement are subordinate to the rights of this state for matters addressed in the settlement agreement or consent decree, unless otherwise provided in the settlement agreement or consent decree. If a potentially responsible party that has resolved its liability to this state in a settlement agreement or a consent decree provides written notice to the department that it has initiated a lawsuit to recover some or all of its remedial action costs from other potentially responsible parties, the department within thirty days shall provide written notice to the party filing the lawsuit of the department's intent to assert any superior claims the department may have against the other potentially responsible parties. If practicable, the written notice shall include the anticipated dollar amount of the department's claims against each party.

G. The court shall not approve a consent decree entered into pursuant to this section for a period of thirty days after the date that notice of the terms of the consent decree is provided to the public to allow for public comment. Any comment shall be filed with the court and a copy shall be sent by mail to the director and to the settling party. After the expiration of the thirty-day public comment period, the director through the attorney general may petition the court for entry of the consent order.

H. A person's decision to enter into a settlement agreement pursuant to this article is not an admission in any other judicial proceeding as to the fact or extent of that person's liability with respect to the releases or threatened releases that are covered by the settlement.
A.R.S. § 49-203 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 203
49-203 Powers and duties of the director and department
Status: in_force

49-203. Powers and duties of the director and department

A. The director shall:

1. Adopt, by rule, water quality standards in the form and subject to the considerations prescribed by article 2 of this chapter.

2. Adopt, by rule, a permit program for WOTUS that is consistent with but not more stringent than the requirements of the clean water act for the point source discharge of any pollutant or combination of pollutants into WOTUS.  The program and the rules shall be sufficient to enable this state to administer the permit program identified in section 402(b) of the clean water act, including the sewage sludge requirements of section 405 of the clean water act and as prescribed by article 3.1 of this chapter.

3. Apply the program and rules authorized under paragraph 2 of this subsection to point source discharges to non-WOTUS protected surface waters, consistent with section 49-255.04, which establishes the program components and rules that do not apply to non-WOTUS protected surface waters. The following are exempt from the non-WOTUS protected surface waters point source discharge program:

(a) Discharges to a non-WOTUS protected surface water incidental to a recharge project.

(b) Established or ongoing farming, ranching and silviculture activities such as plowing, seeding, cultivating, minor drainage or harvesting for the production of food, fiber or forest products or upland soil and water conservation practices.

(c) Maintenance but not construction of drainage ditches.

(d) Construction and maintenance of irrigation ditches.

(e) Maintenance of structures such as dams, dikes and levees.

4. Adopt, by rule, a program to control nonpoint source discharges of any pollutant or combination of pollutants into WOTUS.

5. Adopt, by rule, an aquifer protection permit program to control discharges of any pollutant or combination of pollutants that are reaching or may with a reasonable probability reach an aquifer.  The permit program shall be as prescribed by article 3 of this chapter.

6. Adopt, by rule, the permit program for underground injection control described in the safe drinking water act.

7. Adopt, by rule, technical standards for conveyances of reclaimed water and a permit program for the direct reuse of reclaimed water.

8. Adopt, by rule or as permit conditions, discharge limitations, best management practice standards, new source performance standards, toxic and pretreatment standards and other standards and conditions as reasonable and necessary to carry out the permit programs and regulatory duties described in paragraphs 2 through 6 of this subsection.

9. Assess and collect fees to revoke, issue, deny, modify or suspend permits issued pursuant to this chapter and to process permit applications. The director may also assess and collect costs reasonably necessary if the director must conduct sampling or monitoring relating to a facility because the owner or operator of the facility has refused or failed to do so on order by the director. The director shall set fees that are reasonably related to the department's costs of providing the service for which the fee is charged. Monies collected from aquifer protection permit fees and from Arizona pollutant discharge elimination system permit fees shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210. Monies from other permit fees shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund unless otherwise provided by law.  Monies paid by an applicant for review by consultants for the department pursuant to section 49-241.02, subsection B shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.  State agencies are exempt from all fees imposed pursuant to this chapter.

10. Adopt, modify, repeal and enforce other rules that are reasonably necessary to carry out the director's functions under this chapter.

11. Require monitoring at an appropriate point of compliance for any organic or inorganic pollutant listed under section 49-243, subsection I if the director has reason to suspect the presence of the pollutant in a discharge.

12. Adopt rules establishing what constitutes a significant increase or adverse alteration in the characteristics or volume of pollutants discharged for purposes of determining what constitutes a major modification to an existing facility under the definition of new facility pursuant to section 49-201. Before adopting these rules, the director shall determine whether a change at a particular facility results in a significant increase or adverse alteration in the characteristics or volume of pollutants discharged on a case-by-case basis, taking into account site conditions and operational factors.

13. Consider evidence gathered by the Arizona navigable stream adjudication commission established by section 37-1121 when deciding whether a permit is required to discharge pursuant to article 3.1 of this chapter.

B. The director may:

1. On presentation of credentials, enter into, on or through any public or private property from which a discharge has occurred, is occurring or may occur or on which any disposal, land application of sludge or treatment regulated by this chapter has occurred, is occurring or may be occurring and any public or private property where records relating to a discharge or records that are otherwise required to be maintained as prescribed by this chapter are kept, as reasonably necessary to ensure compliance with this chapter. The director or a department employee may take samples, inspect and copy records required to be maintained pursuant to this chapter, inspect equipment, activities, facilities and monitoring equipment or methods of monitoring, take photographs and take other action reasonably necessary to determine the application of, or compliance with, this chapter. The owner or managing agent of the property shall be afforded the opportunity to accompany the director or department employee during inspections and investigations, but prior notice of entry to the owner or managing agent is not required if reasonable grounds exist to believe that notice would frustrate the enforcement of this chapter. If the director or department employee obtains any samples before leaving the premises, the director or department employee shall give the owner or managing agent a receipt describing the samples obtained and a portion of each sample equal in volume or weight to the portion retained. If an analysis is made of samples, or monitoring and testing are performed, a copy of the results shall be furnished promptly to the owner or managing agent.

2. Require any person who has discharged, is discharging or may discharge into the waters of the state under article 3, 3.1 or 3.3 of this chapter and any person who is subject to pretreatment standards and requirements or sewage sludge use or disposal requirements under article 3.1 of this chapter to collect samples, to establish and maintain records, including photographs, and to install, use and maintain sampling and monitoring equipment to determine the absence or presence and nature of the discharge or indirect discharge or sewage sludge use or disposal.

3. Administer state or federal grants, including grants to political subdivisions of this state, for the construction and installation of publicly and privately owned pollutant treatment works and pollutant control devices and establish grant application priorities.

4. Develop, implement and administer a water quality planning process, including a ranking system for applicant eligibility, wherein appropriated state monies and available federal monies are awarded to political subdivisions of this state to support or assist regional water quality planning programs and activities.

5. Enter into contracts and agreements with the federal government to implement federal environmental statutes and programs.

6. Enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3 if the agreement is necessary to more effectively administer the powers and duties described in this chapter.

7. Participate in, conduct and contract for studies, investigations, research and demonstrations relating to the causes, minimization, prevention, correction, abatement, mitigation, elimination, control and remedy of discharges and collect and disseminate information relating to discharges.

8. File bonds or other security as required by a court in any enforcement actions under article 4 of this chapter.

C. Subject to section 38-503 and other applicable statutes and rules, the department may contract with a private consultant to assist the department in reviewing aquifer protection permit applications and on-site wastewater treatment facilities to determine whether a facility meets the criteria and requirements of this chapter and the rules adopted by the director.  Except as provided in section 49-241.02, subsection B, the department shall not use a private consultant if the fee charged for that service would be greater than the fee the department would charge to provide that service.  The department shall pay the consultant for the services rendered by the consultant from fees paid by the applicant or facility to the department pursuant to subsection A, paragraph 9 of this section.

D. The director shall integrate all of the programs authorized in this section and other programs affording water quality protection that are administered by the department for purposes of administration and enforcement and shall avoid duplication and dual permitting to the maximum extent practicable.
A.R.S. § 49-122 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 122
49-122 Relationship to other law; declaration of application
Status: in_force

49-122. Relationship to other law; declaration of application

This article does not:

1. Preempt any local charter, ordinance or code.

2. Require any state agency or local government to adopt or enforce any statute or rule.

3. Affect or modify the obligations or liabilities of any person under federal law.
A.R.S. § 49-285 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 285
49-285 Liability for remedial actions costs; limitation of actions
Status: in_force

49-285. Liability for remedial actions costs; limitation of actions

A. Except as otherwise provided in section 49-283, a person who is a responsible party shall be strictly and severally liable for such reasonable, necessary and cost-effective expenditures for remedial actions as are incurred by this state, a political subdivision of this state or any other person in a manner consistent with the rules and procedures adopted under section 49-282.06, but not including nonrecoverable costs. A responsible party may be held liable for remedial action costs for a release of a hazardous substance even though the conduct that resulted in the release or the release itself occurred before August 13, 1986.

B. In order to preserve any right to recover remedial action costs from responsible parties, remedial actions conducted by this state, a political subdivision of this state or any other person shall when evaluated as a whole be in substantial compliance with the rules and procedures adopted pursuant to section 49-282.06. The director's approval of a remedial action that is conducted by a person other than the state is not required to preserve any right to recover remedial action costs from potentially responsible parties. Any person other than the state who undertakes a remedial action may request that the director approve the remedial action as prescribed by rules adopted pursuant to section 49-282.06 at any time before, during or after the remedial action. The director's decision shall be in writing and shall specify the basis of the decision. Any remedial action so approved by the director shall be deemed to be in substantial compliance with the rules and procedures adopted pursuant to section 49-282.06. Any person who requests the director's approval of a remedial action shall reimburse the department for the total reasonable cost to the department for the review of the remedial action unless the director waives all or a part of the reimbursement. These monies shall be deposited in the water quality assurance revolving fund established by section 49-282. Costs that are reimbursed to the department by a party that obtains the director's approval of remedial actions pursuant to this subsection constitute remedial action costs that may be recovered from responsible parties.

C. Any person who is a defendant in an enforcement proceeding brought under section 49-287 may join in the action any other person who is or may be a responsible party.

D. Except as prescribed by section 49-283.01, this article does not affect or modify in any way the obligations or liability of any person, by reason of subrogation or otherwise, under any other provision of state or federal law, including common law, for damages, injury or loss resulting from a release of any hazardous substance or for remedial action costs, except that any person who receives compensation for remedial action costs pursuant to this article is precluded from recovering compensation for the same remedial action costs pursuant to any other federal or state law. Any person who receives compensation for remedial action costs pursuant to any other federal or state law is precluded from receiving compensation for the same remedial action costs as provided in this article.

E. In allocating several liability between two or more potentially responsible parties, the department, an allocator pursuant to section 49-287.06 or a court shall consider the following to determine each responsible party's allocated shares and the orphan shares:

1. The amount and concentration of each hazardous substance involved.

2. The degree of toxicity of each hazardous substance involved.

3. The degree of involvement by the responsible parties in the generation, transportation, treatment, storage or disposal of the hazardous substance.

F. After the allocated shares and the orphan shares are determined pursuant to subsection E of this section and reduced to writing, the department, an allocator or the court may consider the following factors to adjust the allocated shares of the responsible parties, except that any adjustment under this subsection shall not adjust the amount allocated to orphan shares:

1. The magnitude of the risk to human health or the environment caused by each hazardous substance involved.

2. The degree of cooperation by the responsible party with federal, state or local officials to prevent any harm to the public health or the environment.

3. Any other factors deemed relevant by the department, an allocator or the court in determining the liability of the parties under this section.

G. An action brought by a person other than the state to recover remedial action costs from a responsible party shall be brought within three years of the completion of the remedial action or within six years of the initiation of on-site physical construction activities for the remediation, removal or disposal of hazardous substances, whichever is earlier.

H. In an action brought for recovery of remedial action costs incurred at a site not on the registry maintained pursuant to section 49-287.01 or that is brought pursuant to section 49-287.07, subsection A, paragraph 3, subdivision (a), (b) or (d), the court shall initially allocate costs among the responsible parties based on the factors listed in subsection E of this section. To the extent that the allocation results in costs being allocated to orphan shares, those costs shall be reallocated to the responsible parties based on such equitable factors as the court deems appropriate, including:

1. The factors listed in subsection F of this section.

2. Each responsible party's ability to pay.

3. The degree of care exercised by each responsible party with respect to the hazardous substance of concern and taking into account the characteristics of that substance.
A.R.S. § 49-151 — Arizona Code / Title 49 / Chapter 1 / Article 4 / Section 151
49-151 Definitions
Status: in_force

49-151. Definitions

In this article, unless the context otherwise requires:

1. "Engineering control" means a remediation method such as a barrier or cap that is used to prevent or minimize exposure to contaminants and that includes technologies that reduce the mobility or migration of contaminants.

2. "Institutional control" means a legal or administrative tool or action taken to reduce the potential for exposure to contaminants.

3. "Nonresidential use" means those uses of property other than residential uses.

4. "Owner" means all persons or entities that currently hold fee title to property other than as security for an obligation.  On transfer of fee title of an affected property and after notice is provided pursuant to section 49-152.01, subsection C, the successor owner is the owner for purposes of this article and assumes all of the obligations of an owner pursuant to this article and the person who transferred title is no longer responsible for those obligations except as prescribed in section 49-152.01, subsection C.

5. "Remediation" means either:

(a) The treatment or removal of contaminated environmental media to meet predetermined risk levels or site specific risk levels.

(b) Environmental media that meet predetermined risk levels or site specific risk levels as determined by a risk assessment.

6. "Residential use" means those uses of remediated property where natural persons are reasonably expected to be in frequent, repeated contact with soil.
A.R.S. § 49-288 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 288
49-288 Information gathering and access; enforcement; retaliatory action; civil penalties
Status: in_force

49-288. Information gathering and access; enforcement; retaliatory action; civil penalties

A. The director may take an action authorized under subsection B or C of this section to determine the need for, to select or to undertake any remedial action pursuant to this article, to investigate and allocate the liability of any person under this article or to otherwise enforce the provisions of this article or a rule adopted pursuant to this article. Any such action taken regarding the release or threatened release of a pollutant shall not require a person to create information or documents not then in existence but may require sorting, organization, compilation or formatting of information in existence.

B. The director may require a person who has or may have information relevant to a release or threatened release of a hazardous substance, or pollutant as identified by the director in the request, or the liability of any person under this article including information relating to the ability of a person to pay for or to undertake remedial actions pursuant to this article, to furnish, after reasonable notice, information or documents relating to such release or threatened release or the liability of any person under this article or to grant access at all reasonable times, after reasonable notice, to a facility or other place owned or operated by the person to inspect and copy all documents or records relating to such release or threatened release or the liability of any person under this article. At the option of the person, the person may copy and furnish, at the person's expense, all such documents or records to the director. If any information under this section is claimed confidential pursuant to section 49-205, subsection A, the information shall be provided to the director but not made available to the public pending the determination of confidentiality pursuant to section 49-205. Written notice of the determination regarding confidentiality shall be provided to the person claiming confidentiality. If the person claiming confidentiality does not file an action for declaratory relief in superior court within thirty days of receiving this notice, the information shall be made available to the public.

C. The director or an agent designated by the director with appropriate documentation that identifies the person who has been given authority from the director, after reasonable notice, may enter a facility or other place at reasonable times under any of the following circumstances:

1. Where a hazardous substance or a regulated substance as defined in section 49-1001 may be or has been generated, stored, treated, disposed of or transported from and which may be related to a release or threatened release of a hazardous substance or regulated substance.

2. From which or to which a hazardous substance or a regulated substance as defined in section 49-1001 has been or may have been released or where such release is or may be threatened.

3. Where entry is needed to determine the need for remedial actions or the appropriate remedial actions or to effectuate remedial actions pursuant to this article.

4. To inspect and obtain samples of any suspected hazardous substance or a regulated substance as defined in section 49-1001 which has been or may have been released or where such release is or may be threatened, including samples of containers or labeling.

D. If a sample is obtained pursuant to subsection C, paragraph 4 of this section, the director shall, before leaving the premises, give to the owner, operator or other person in control of the facility or other place from which the samples were obtained a receipt describing the sample obtained and, if requested, a portion of each sample. A copy of the results of any analysis made of such samples shall be furnished promptly to the owner, operator or other person in control, if such person can be located. Inspections pursuant to subsection C, paragraph 4 of this section shall be completed with reasonable promptness.

E. If consent is not granted regarding any request made by the director under subsections A through C of this section, then the director may issue an order requiring compliance with the request within a specified time period that the director determines is appropriate under the circumstances. The order shall provide that the time period for compliance shall be extended for good cause shown as determined by the director. The order may not be issued until an opportunity for consultation as is reasonably appropriate under the circumstances has been afforded to the person to whom the request is made.

F. The director may ask the attorney general to commence a civil action to compel compliance with a request made pursuant to subsections A through C of this section or an order issued pursuant to subsection E of this section.

G. The court may enjoin acts of noncompliance or may assess a civil penalty of not to exceed five thousand dollars for each day of noncompliance against any person who unreasonably fails to comply with an order issued pursuant to subsection E of this section. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. The attorney general, at the request of the director, may commence an action in superior court to recover civil penalties provided for in this subsection. In determining the amount of a civil penalty under this subsection, the court shall consider:

1. The seriousness of the act of noncompliance under this section.

2. As an aggravating factor only, the economic benefit, if any, resulting from the act of noncompliance under this section.

3. Any history of such violation.

4. Any good faith efforts to comply with the order.

5. The economic impact of the penalty on the person.

6. Such other factors as the court deems relevant.

H. No person shall fire or otherwise discriminate against any employee with respect to wages, hours, duties, responsibilities or employment position by reason of the fact that the employee provided information to the state, has testified or may testify, in any administrative, allocation or judicial proceeding commenced pursuant to this article. Any employee alleging a violation of this section may bring an action in superior court to obtain reinstatement, back pay, compensatory damages, and reasonable attorney fees. An action must be commenced within one year of the alleged violation and shall constitute the exclusive recourse for the violation.

I. Nothing in this section shall preclude the director from securing access or obtaining information in any other lawful manner.
A.R.S. § 49-282.03 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 282.03
49-282.03 Interim remedial actions; reimbursement of the fund; rules
Status: in_force

49-282.03. Interim remedial actions; reimbursement of the fund; rules

A. On the request of any person, the director may take interim remedial actions to address the loss or reduction of available water from a well before the selection of a remedy, including making grants from the water quality assurance revolving fund to provide alternative water supplies, well replacement or water treatment if the director determines that both of the following apply:

1. The well currently supplies water for municipal, domestic, industrial, irrigation or agricultural uses or is currently part of a public water system.

2. The well produces water or, in the reasonably foreseeable future, will produce water that is not fit for its current or reasonably foreseeable end use without treatment due to the release of hazardous substances at or from a site on the registry established pursuant to section 49-287.01, subsection D.

B. The interim remedial action taken by the director pursuant to subsection A of this section shall be the minimum necessary to address the loss or reduction of available water until a remedy is selected. The director, to the extent possible, shall consider potential remedies when selecting the interim remedial action pursuant to subsection A of this section. The interim remedial action shall not include the costs of reimbursement for costs already incurred. The director may choose not to take interim remedial action pursuant to subsection A of this section if the director has sufficient information to reasonably establish that the person requesting the remedial action may be responsible under this article for the release of hazardous substances contaminating the well. Notwithstanding this section, the director shall select remedies pursuant to section 49-287.04.

C. Notwithstanding subsection A of this section, if the director, in the record of decision, determines that the remedial action taken pursuant to subsection A of this section was not necessary, based on the criteria in section 49-282.06 and the rules adopted pursuant to that section, or if the person requesting the remedial action pursuant to subsection A of this section is later determined to be responsible under this article for the release of hazardous substances which contaminated or threatened to contaminate the well, that person shall reimburse the water quality assurance revolving fund for the costs incurred in taking the remedial action. The person requesting the interim remedial action shall make arrangements for financial assurance for the obligation to the satisfaction of the director. The attorney general shall file an action for reimbursement of costs pursuant to this section if requested by the director and may file an action on his own initiative.

D. The director shall adopt rules governing when interim remedial action may be taken pursuant to subsection A of this section.
A.R.S. § 49-263.02 — Arizona Code / Title 49 / Chapter 2 / Article 4 / Section 263.02
49-263.02 Sewage sludge program; violation; classification
Status: in_force

49-263.02. Sewage sludge program; violation; classification

A. It is unlawful for any person, knowingly or with criminal negligence to do any of the following with respect to generation, treatment, transportation, disposal, application and management of sewage sludge:

1. Apply sewage sludge in violation of rules adopted under article 3.1 of this chapter.

2. Violate any applicable standard or limitation set under article 3.1 of this chapter.

3. Violate any condition of a permit or other authorization granted under the sewage sludge provisions of article 3.1 of this chapter.

4. Fail to comply with any applicable filing or reporting requirement set under article 3.1 of this chapter.

5. Alter, modify or destroy any monitoring device or method required by the director under article 3.1 of this chapter in order to render the device or method inaccurate.

6. Fail to maintain, operate or repair any monitoring device required by the director 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.

7. Discharge without a permit or appropriate authority pursuant to article 3.1 of this chapter.

B. A criminally negligent violation of subsection A, paragraphs 1 through 6 of this section is a class 1 misdemeanor.

C. A knowing violation of subsection A, paragraph 5, 6 or 7 of this section is a class 5 felony.

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

E. The attorney general may enforce this section.
A.R.S. § 49-355 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 355
49-355 Small drinking water systems fund; exemption; grants; definition
Status: in_force

49-355. Small drinking water systems fund; exemption; grants; definition

A. The small drinking water systems fund is established in the water infrastructure finance authority of Arizona.  The fund consists of monies appropriated by the legislature and federal monies to assist in carrying out the purpose of this section. 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.

B. Monies from the small drinking water systems fund shall be used to provide grants, including emergency grants, to interim operators, interim managers or owners of small drinking water systems to repair, replace or upgrade water infrastructure as required for compliance with title 40, chapter 2, this chapter or any rule adopted under title 40, chapter 2 or this chapter.

C. On recommendation of the department in consultation with the corporation commission, the water infrastructure finance authority of Arizona may approve a grant from the fund to an interim operator, an interim manager or an owner of a small drinking water system pursuant to this section only if the interim operator, the interim manager or the owner demonstrates that it requires financial assistance to replace, make repairs to, rehabilitate or upgrade the drinking water system infrastructure in order to correct or avoid an interruption in water service or to comply with title 40, chapter 2, this chapter or any rule adopted under title 40, chapter 2 or this chapter. The department shall include in its recommendation to the water infrastructure finance authority of Arizona a written statement that is signed by the director and that includes a detailed assessment of the direct public benefit of the grant, a certification that disbursement of monies is in the best interests of this state and, if applicable, a determination that the grant is in response to an emergency.

D. Before disbursing monies to an authorized recipient pursuant to this section, the water infrastructure finance authority of Arizona shall enter into a written grant agreement with the recipient.  The terms of the agreement shall include at least the following:

1. Performance targets and target dates for matters associated with the grant as determined by the department.

2. Terms for payment of monies to the recipient and repayment to this state as prescribed by subsection F of this section.

E. The written grant agreement may require that a reasonable percentage of the total amount of the grant be withheld until the recipient meets specified performance targets.

F. The water infrastructure finance authority of Arizona may require repayment to this state of a portion or all of the grant monies with interest at an agreed rate and on agreed terms. The repayment may be required if either of the following applies:

1. The water infrastructure finance authority of Arizona in coordination with the department finds that the grant recipient has not met performance targets specified in the written grant agreement on or before the dates specified in the agreement.

2. The written grant agreement prescribes the repayment.

G. Emergency grants made pursuant to this section are exempt from title 41, chapter 23.

H. For the purposes of this section, "small drinking water system" means a public water system as prescribed in section 49-352 that serves ten thousand or fewer persons.
A.R.S. § 49-242 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 242
49-242 Procedural requirements for individual permits; annual registration of permittees; fee
Status: in_force

49-242. Procedural requirements for individual permits; annual registration of permittees; fee

A. The director shall prescribe by rule requirements for issuing, denying, suspending or modifying individual permits, including requirements for submitting notices, permit applications and any additional information necessary to determine whether an individual permit should be issued, and shall prescribe conditions and requirements for individual permits.

B. Each owner of an injection well, a land treatment facility, a dry well, an on-site wastewater treatment facility with a capacity of more than three thousand gallons per day, a recharge facility or a facility that discharges to protected surface waters to whom an individual or area-wide permit is issued shall register the permit with the director each year and pay an annual registration fee for each permit based on the total daily discharge of pollutants pursuant to subsection E of this section.

C. Each owner of a surface impoundment, a facility that adds a pollutant to a salt dome formation, salt bed formation, underground cave or mine, a mine tailings pile or pond, a mine leaching operation, a sewage or sludge pond or a wastewater treatment facility to whom an individual or area-wide permit is issued shall register the permit with the director each year and pay an annual registration fee for each permit based on the total daily influent of pollutants pursuant to subsection E of this section.

D. Pending the issuance of individual or area-wide aquifer protection permits, each owner of a facility that is prescribed in subsection B or C of this section that is operating on September 27, 1990 pursuant to the filing of a notice of disposal or a groundwater quality protection permit issued under title 36 shall register the notice of disposal or the permit with the director each year and shall pay an annual registration fee for each notice of disposal or permit based on the total daily influent or discharge of pollutants pursuant to subsection E of this section.

E.  The director shall establish by rule an annual registration fee for facilities prescribed by subsections B, C and D of this section.  The fee shall be measured in part by the amount of discharge or influent per day from the facility.

F. For a site with more than one permit subject to the requirements of this section, the owner or operator of the facility at that site shall pay the annual registration fee prescribed pursuant to subsection E of this section based on the permit that covers the greatest gallons of discharge or influent per day plus one-half of the annual registration fee for gallons of discharge or influent for each additional permit.

G. The director shall prescribe the procedures to register the notice of disposal or permit and collect the fee under this section. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this section in the water quality fee fund established by section 49-210 and may authorize expenditures from the fund to pay the reasonable and necessary costs of administering the registration program.
A.R.S. § 49-111 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 111
49-111 Permit application; plan approval; notice to counties, cities or towns
Status: in_force

49-111. Permit application; plan approval; notice to counties, cities or towns

For any application for a permit or plan approval, substantial change to a plan or significant revision or modification to a permit requested pursuant to this title, the director shall notify the appropriate county, city or town by sending a copy or notice of the application or change describing the purpose and scope of the proposed activity. The director shall not release any confidential information or trade secrets in the copy or notice.
A.R.S. § 49-236 — Arizona Code / Title 49 / Chapter 2 / Article 2.1 / Section 236
49-236 Report
Status: in_force

49-236. Report

By September 1, 2005, the department shall submit a report to the governor, the speaker of the house of representatives and the president of the senate detailing progress made under this program and shall provide a copy to the secretary of state and the department of library, archives and public records.  At a minimum, the report shall:

1. Evaluate the effectiveness of the total maximum daily load program and identify any recommended statutory changes to make the program more efficient, effective and equitable.

2. Assess the extent to which water quality problems that cannot be effectively addressed under the total maximum daily load program may be addressed under other federal or state laws.

3. Identify the number of appeals of department decisions under this article sought pursuant to title 41, chapter 6, article 10 and the disposition of those appeals, and assess the impact of those appeals on the department’s ability to administer the program effectively.
A.R.S. § 49-218.02 — Arizona Code / Title 49 / Chapter 2 / Article 1.1 / Section 218.02
49-218.02 Brownfields cleanup revolving loan fund
Status: in_force

49-218.02. Brownfields cleanup revolving loan fund

A. The Brownfields cleanup revolving loan 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. Monies received from the federal government.

3. Monies received from loan recipients and loan repayments, interest and penalties.

4. Interest and other income received from investing monies in the fund.

5. Gifts, grants and donations received from any public or private source.

B. Monies in the fund may be used for the purposes provided in section 49-218.01.

C. The department may use monies in the fund for the department's costs in administering the Brownfields cleanup revolving loan fund program.

D. Disbursement of monies from the fund pursuant to a financial assistance agreement under this article is not subject to title 41, chapter 23.

E. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190, relating to lapsing of appropriations.
A.R.S. § 49-172 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 172
49-172 Applicability
Status: in_force

49-172. Applicability

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

B. This article shall not apply to any of the following activities:

1. Corrective action at or closure of a facility that has qualified for interim status or to which a permit has been issued pursuant to section 49-922.

2. Corrective action pursuant to section 49-1005, unless the person waives any right to reimbursement of costs from the state assurance fund.

3. Remedial actions required by the terms of any of the following:

(a) A written agreement between the applicant and the director entered into before the date of an application under this article.

(b) A judicial judgment or decree.

(c) An administrative order issued before the date of an application under this article.

4. Remedial actions sought to be required in the complaint in a judicial action filed and served by the state before the date of the application under this article.

5. Remedial actions at a site or portion of a site listed on the registry maintained pursuant to section 49-287.01, subsection D that address a contaminant of concern at that site, except that the department may accept an application under this article for remediation of a site or a portion of a site for which a preliminary investigation has been commenced or completed pursuant to section 49-287.01 but that has not been listed on the registry maintained pursuant to section 49-287.01, subsection D.
A.R.S. § 49-218 — Arizona Code / Title 49 / Chapter 2 / Article 1.1 / Section 218
49-218 Definitions
Status: in_force

49-218. Definitions

In this article, unless the context otherwise requires:

1. "CERCLA brownfields cleanup revolving loan fund program" means the program established by the United States environmental protection agency to provide financial assistance in the form of loans or grants to eligible persons to remediate contamination at eligible sites as provided in section 104(k) of CERCLA and applicable guidance documents prepared by the United States environmental protection agency to implement this program.

2. "Eligible activities" means removal as defined by section 101(23) of CERCLA and includes required engineering evaluations, cost analysis of cleanup alternatives, public participation requirements and reasonable and necessary site monitoring activities during the remediation.

3. "Eligible person" means a person who is eligible to receive a loan or grant under the CERCLA brownfields cleanup revolving loan fund program.

4. "Eligible site" means a site that is a brownfields site as defined by section 101(39) of CERCLA, that is within an area designated in a cooperative agreement between the department and the United States environmental protection agency and that is one of the following:

(a) Accepted into the department's voluntary remediation program.

(b) Subject to a remediation agreement with the department's water quality assurance revolving fund program.

(c) Being addressed through another program or oversight mechanism that is approved by the department.
A.R.S. § 49-282.05 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 282.05
49-282.05 Agreements for work; suspension of remedial action
Status: in_force

49-282.05. Agreements for work; suspension of remedial action

A. The department may enter into an agreement with any person to perform work at a site on the site registry if the work will be conducted in accordance with the rules adopted pursuant to section 49-282.06. The terms and conditions of the agreement may include a suspension of any remedial action by the director at the site to the extent determined by the director to be appropriate.  The suspension shall be specifically stated in the agreement or the approval of work under the agreement and shall continue as long as the person is in compliance with the agreement.

B. As a condition of an agreement under this section, the department may require the person conducting the work to reimburse the director for the reasonable and necessary costs incurred in reviewing and overseeing the work, including costs consisting of salaries and benefits paid to state employees and other direct and indirect costs. A person who reimburses the department for costs pursuant to this subsection may recover those costs in any action brought pursuant to section 49-285, subsection H.
A.R.S. § 49-354 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 354
49-354 Enforcement; violation; classification; compliance orders; judicial review; injunctive relief; civil administrative penalties; civil penalties
Status: in_force

49-354. Enforcement; violation; classification; compliance orders; judicial review; injunctive relief; civil administrative penalties; civil penalties

A. A person who violates this article or a rule adopted pursuant to this article is guilty of a class 2 misdemeanor for each violation. In the instance of a continuing violation, each day a violation continues constitutes a separate offense.

B. If the director determines that a person is in violation of this article or a rule adopted pursuant to this article, the director may issue an order requiring compliance immediately or within a specified time period.  A compliance order shall state with reasonable specificity the nature of the violation, a time for compliance if applicable and the right to a hearing.  The director shall transmit the compliance order to the alleged violator by certified mail, return receipt requested, or by hand delivery. A compliance order becomes final and enforceable in the superior court unless within thirty days after the receipt of the order the alleged violator requests a hearing before an administrative law judge pursuant to title 41, chapter 6, article 10. If a hearing is requested, the order does not become final until the administrative law judge has issued a final decision on the appeal.  Except as provided in section 41-1092.08, subsection H, a final administrative decision is subject to judicial review pursuant to title 12, chapter 7, article 6. At the request of the director, the attorney general may begin an action in superior court to enforce orders issued under this subsection after an order becomes final.

C. If the director determines that a person is in violation of this article or a rule adopted pursuant to this article to implement the requirements contained in 40 Code of Federal Regulations parts 141 and 142, including the national primary drinking water regulations, the director may issue a compliance order pursuant to subsection B of this section imposing a civil administrative penalty. All penalty amounts shall be calculated as follows:

1. If the violator is a public water system that serves more than ten thousand persons, the director may impose a civil administrative penalty of up to $1,000 per day per violation up to $10,000 per violation.

2. If the violator is a public water system that serves five hundred to ten thousand persons, the director may impose a civil administrative penalty that does not exceed $500 per day per violation up to $5,000 per violation.

3. If the violator is a public water system that serves fewer than five hundred persons, the director may impose a civil administrative penalty that does not exceed $100 per day per violation up to $1,000 per violation.

D. When determining the amount of a civil administrative penalty pursuant to subsection C of this section, the director shall consider all of the following:

1. The size of the public water system.

2. Any good faith effort by the public water system to maintain compliance with national primary drinking water regulations.

3. The seriousness of the violation.

4. Any history of violation of the national primary drinking water regulations.

5. Any history of recalcitrance by the violator.

6. Any economic benefit resulting from the violation, as an aggravating factor only.

7. Any other factor deemed relevant.

E. For a public water system that is regulated as a public service corporation by the corporation commission, the department shall make a written request to the chairperson and executive director of the corporation commission to take necessary corrective actions, and the corporation commission shall commence necessary corrective actions within thirty calendar days after both of the following conditions occur:

1. The department does any one or more of the following:

(a) Determines that the facility is out of compliance with an administrative order issued by the department for a violation of this chapter.

(b) Files a civil action against the owner or operator of the public water system for a violation of this chapter.

(c) Determines that an emergency exists with respect to the public water system.

2. The department determines that the corporation commission taking necessary corrective actions would expedite the public water system's return to compliance with this chapter.

F. If the department makes a written request to the corporation commission as prescribed by subsection E of this section, the department shall provide a copy of the request to the governing body of any local jurisdiction with residents served by the facility or system that is the subject of the request.

G. Civil administrative penalties may not be recovered pursuant to subsection C of this section if civil penalties are sought pursuant to subsection I of this section for the same violation.

H. All civil administrative penalties obtained pursuant to subsection C of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

I. In addition to the authority provided in subsection C of this section, the attorney general may, and at the request of the director shall, begin an action in superior court to recover civil penalties in an amount of not more than $500 per violation per day from any person who violates this article or a rule adopted pursuant to this article. All civil penalties obtained under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.  Civil penalties may not be recovered pursuant to this subsection if civil administrative penalties are sought pursuant to subsection C of this section for the same violation.

J. If the director has reason to believe that a person is in violation of this article or a rule adopted or an order issued pursuant to this article or believes that a person is creating an actual or potential endangerment to the public health because of acts performed in violation of this article or a rule adopted pursuant to this article, the director, through 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.
A.R.S. § 49-321 — Arizona Code / Title 49 / Chapter 2 / Article 7 / Section 321
49-321 Appeals
Status: in_force

49-321. Appeals

A. An order of the director under this chapter is subject to appeal pursuant to title 41, chapter 6, article 10.

B. Except as provided in section 41-1092.08, subsection H, final administrative decisions are subject to appeal to superior court pursuant to title 12, chapter 7, article 6.  For the benefit of the people of this state, appeals under this section have precedence, in every court, over all other civil proceedings.  The presiding judge for the county in which the appeal has been made shall assign the appeal to the appropriate judge designated by the chief justice of the supreme court pursuant to section 45-406 to hear appeals relating to groundwater.

C. Except as provided in section 49-324, subsection E, the decision shall not be stayed pending appeal, except that the judge to whom the appeal is assigned may stay the decision, with or without bond, on a showing of good cause. In determining whether good cause exists under the circumstances, the court may consider whether:

1. The public interest will be adversely affected by a stay.

2. The stay will harm others.

3. There is a high probability that the appellant will succeed on the merits.

4. The appellant will suffer irreparable harm before a decision on the merits can be rendered.

D. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.
A.R.S. § 49-126 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 126
49-126 Extremely hazardous substances
Status: in_force

49-126. Extremely hazardous substances

Unless otherwise provided in this article, a substance is subject to the requirements of this article if it is an extremely hazardous substance as listed and published by the administrator of the United States environmental protection agency, or its successor, and it is held in quantities at or above the threshold planning quantity as established pursuant to section 302 of title III.
A.R.S. § 49-101 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 101
49-101 Definitions
Status: in_force

49-101. Definitions

In this title, unless the context otherwise requires:

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

2. "Department" means the department of environmental quality.

3. "Director" means the director of environmental quality who is also the director of the department.
A.R.S. § 49-187 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 187
49-187 Voluntary remediation fund
Status: in_force

49-187. Voluntary remediation fund

A. The voluntary remediation fund is established.  The director shall administer the fund.  The fund consists of monies from the following sources:

1. Fees collected pursuant to section 49-179.

2. Costs reimbursed to the department pursuant to section 49-179.

3. Gifts, grants and donations.

4. Legislative appropriations.

5. Until July 1, 2004, the water quality assurance revolving fund pursuant to section 49-282, subsection E, paragraph 10, provided that no more than three hundred fifty thousand dollars shall be transferred from the water quality assurance revolving fund to the voluntary remediation fund in any fiscal year.

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

C. Monies in the voluntary remediation fund shall be used for the following purposes:

1. For all reasonable and necessary costs to implement this article.

2. For the reasonable and necessary costs of administering the fund.
A.R.S. § 49-208 — Arizona Code / Title 49 / Chapter 2 / Article 1 / Section 208
49-208 Public participation
Status: in_force

49-208. Public participation

A. The director, by rule, shall prescribe procedures to assure adequate public participation in proceedings of the department under this chapter. The public participation procedures shall meet the requirements of the clean water act and safe drinking water act for permits issued under those acts. At a minimum, public participation procedures shall prescribe public notice requirements including the content and publication of the notice, provide an opportunity for public hearings and specify the procedures governing the hearings and require the public availability of relevant documents.  Public hearings shall be held at places and times which afford a reasonable opportunity to persons to participate.

B. The director shall provide for and encourage public participation in developing such rules, plans and informational materials, including handbooks and guidance documents, as are required or necessary to implement the provisions of this chapter.
A.R.S. § 49-255.01 — Arizona Code / Title 49 / Chapter 2 / Article 3.1 / Section 255.01
49-255.01 Arizona pollutant discharge elimination system program; rules and standards; affirmative defense; fees; general permit
Status: in_force

49-255.01. Arizona pollutant discharge elimination system program; rules and standards; affirmative defense; fees; general permit

A. A person shall not discharge except under either of the following conditions:

1. In conformance with a permit that is issued or authorized under this article or rules authorized under section 49-203, subsection A, paragraph 2.

2. Pursuant to a permit that is issued or authorized by the United States environmental protection agency until a permit that is issued or authorized under this article takes effect.

B. The director shall adopt rules to establish an AZPDES permit program for discharges to WOTUS consistent with the requirements of sections 402(b) and 402(p) of the clean water act. This program shall include requirements to ensure compliance with section 307 and requirements for the control of discharges consistent with sections 318 and 405(a) of the clean water act. The director shall not adopt any requirement for WOTUS that is more stringent than any requirement of the clean water act. The director shall not adopt any requirement that conflicts with any requirement of the clean water act.  The director may adopt federal rules pursuant to section 41-1028 or may adopt rules to reflect local environmental conditions to the extent that the rules are consistent with and not more stringent than the clean water act and this article.

C. The rules adopted by the director under subsection B of this section shall provide for:

1. Issuing, authorizing, denying, modifying, suspending or revoking individual or general permits.

2. Establishing permit conditions, discharge limitations and standards of performance as prescribed by section 49-203, subsection A, paragraph 8 including case-by-case effluent limitations that are developed in a manner consistent with 40 Code of Federal Regulations section 125.3(c).

3. Modifications and variances as allowed by the clean water act.

4. Other provisions necessary for maintaining state program authority under section 402(b) of the clean water act.

D. This article does not affect the validity of any existing rules that are adopted by the director and that are equivalent to and consistent with the national pollutant discharge elimination system program authorized under section 402 of the clean water act until new rules for AZPDES discharges are adopted pursuant to this article.

E. An upset constitutes an affirmative defense to any administrative, civil or criminal enforcement action brought for noncompliance with technology-based permit discharge limitations if the permittee complies with all of the following:

1. The permittee demonstrates through properly signed contemporaneous operating logs or other relevant evidence that:

(a) An upset occurred and that the permittee can identify the specific cause of the upset.

(b) The permitted facility was being properly operated at the time of the upset.

(c) If the upset causes the discharge to exceed any discharge limitation in the permit, the permittee submitted notice to the department within twenty-four hours after the upset.

(d) The permittee has taken appropriate remedial measures including all reasonable steps to minimize or prevent any discharge or sewage sludge use or disposal that is in violation of the permit and that has a reasonable likelihood of adversely affecting human health or the environment.

2. In any administrative, civil or criminal enforcement action, the permittee shall prove, by a preponderance of the evidence, the occurrence of an upset condition.

F. Compliance with a permit issued pursuant to this article shall be deemed compliance with both of the following:

1. All requirements in this article or rules adopted pursuant to this article relating to state implementation of sections 301, 302, 306 and 307 of the clean water act, except for any standard that is imposed under section 307 of the clean water act for a toxic pollutant that is injurious to human health.

2. Limitations for pollutants in WOTUS adopted pursuant to sections 49-221 and 49-222, if the discharge of the pollutant is specifically limited in a permit issued pursuant to this article or the pollutant was specifically identified as present or potentially present in facility discharges during the application process for the permit.

G. Notwithstanding section 49-203, subsection D, permits that are issued under this article shall not be combined with permits issued under article 3 of this chapter.

H. The decision of the director to issue or modify a permit takes effect on issuance if there were no changes requested in comments that were submitted on the draft permit unless a later effective date is specified in the decision. In all other cases, the decision of the director to issue, deny, modify, suspend or revoke a permit takes effect thirty days after the decision is served on the permit applicant, unless either of the following applies:

1. Within the thirty-day period, an appeal is filed with the water quality appeals board pursuant to section 49-323.

2. A later effective date is specified in the decision.

I. In addition to other reservations of rights provided by this chapter, this article does not impair or affect rights or the exercise of rights to water claimed, recognized, permitted, certificated, adjudicated or decreed pursuant to state or other law.

J. The director shall establish by rule fees, including maximum fees, to pay expenses incurred in implementing the AZPDES program. Monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.

K. Any permit conditions concerning threatened or endangered species shall be limited to those required by the endangered species act.

L. When developing a general permit for discharges of storm water from construction activity, the director shall provide for reduced control measures at sites that retain storm water in a manner that eliminates discharges from the site, except for the occurrence of an extreme event.  Reduced control measures shall be available if all of the following conditions are met:

1. The nearest downstream receiving water is ephemeral and the construction site is a sufficient distance from a water warranting additional protection as described in the general permit.

2. The construction activity occurs on a site designed so that all storm water generated by disturbed areas of the site exclusive of public rights-of-way is directed to one or more retention basins that are designed to retain the runoff from an extreme event. For the purposes of this subsection, "extreme event" means a rainfall event that meets or exceeds the local one hundred-year, two-hour storm event as calculated by an Arizona registered professional engineer using industry practices.

3. The owner or operator complies with good housekeeping measures included in the general permit.

4. The owner or operator maintains the capacity of the retention basins.

5. Construction conforms to the standards prescribed by this section.

M. If the director commences proceedings for the renewal of a general permit issued pursuant to this article, the existing general permit shall not expire and coverage may continue to be obtained by new dischargers until the proceedings have resulted in a final determination by the director.  If the proceedings result in a decision not to renew the general permit, the existing general permit shall continue in effect until the last day for filing for review of the decision of the director not to renew the permit or until any later date that is fixed by court order.
A.R.S. § 49-124 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 124
49-124 Emergency planning districts; local emergency planning committees
Status: in_force

49-124. Emergency planning districts; local emergency planning committees

A. The commission shall designate emergency planning districts to facilitate preparing and implementing district emergency plans. If appropriate, the commission may designate cities, towns, counties or multi-jurisdictional planning organizations as such districts. The commission may also enter into intergovernmental agreements with other states or political subdivisions of other states to establish multi-jurisdictional planning districts. The commission may revise its designation of emergency planning districts as necessary.

B. The commission, after designating emergency planning districts, shall appoint members of a local emergency planning committee for each emergency planning district. The governmental entity for the city, town, county or multi-jurisdictional planning organization encompassing the district shall provide administrative support for the local emergency planning committee and shall nominate persons for initial appointment to the committee. On establishment of the committee, the committee chairman on a majority vote of the committee may nominate subsequent committee members. Each committee shall include, at a minimum, representatives from each of the following groups or organizations:

1. Elected state and local officials.

2. Law enforcement, civil defense, fire fighting, first aid, health, local environmental, hospital and transportation personnel.

3. Broadcast and print media.

4. Community groups.

5. Owners and operators of facilities subject to the requirements of this article.

C. The committee shall appoint a chairman and shall adopt procedural rules by which the committee shall function including the requirements set forth in section 301 of title III.

D. The commission, as it deems appropriate, may modify its designations of emergency planning districts or its appointments to the emergency planning committees. Members of the public may petition the commission to modify the membership of a local emergency planning committee.
A.R.S. § 49-103 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 103
49-103 Department employees; legal counsel
Status: in_force

49-103. Department employees; legal counsel

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

B. The attorney general shall be the legal advisor of the department and shall give legal services as the department requires.  Compensation for personnel assigned by the attorney general to perform such services shall be a charge against appropriations to the department.  The attorney general shall prosecute and defend in the name of this state all actions necessary to carry out the provisions of this title.
A.R.S. § 49-289.01 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 289.01
49-289.01 Site boundary adjustment petitions
Status: in_force

49-289.01. Site boundary adjustment petitions

A. A person who owns property within a site may petition the director to adjust the boundaries to exclude the person's property from the site boundaries. The geographic area covered by the boundary adjustment petition shall be described by legal description.

B. The director shall review the petition based on the results of the remedial investigation. If the director determines that the property is either entirely or partially within the area of contamination or is predicted to be either entirely or partially within the area of contamination within two years, the director shall deny the petition to adjust the boundaries of the site. If the director determines based on the results of the remedial investigation that the property is not within the area of contamination and is not predicted to be within the area of contamination within two years, the director shall grant the petition to adjust the boundaries of the site.
A.R.S. § 49-283 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 283
49-283 Responsible party liability; exemptions; notice; definitions
Status: in_force

49-283. Responsible party liability; exemptions; notice; definitions

A. For the purposes of imposing liability under this article, and except as provided in this section, a person is deemed the party responsible for the release or threatened release of a hazardous substance if the person:

1. Owned or operated the facility:

(a) When the hazardous substance was placed or came to be located in or on the facility.

(b) When the hazardous substance was located in or on the facility but before the release.

(c) During the time of the release or threatened release.

2. Owned or possessed the hazardous substance and arranged, by contract, agreement or otherwise, for the disposal, treatment or transport for disposal or treatment of the hazardous substance.

3. Accepted for transport to a disposal or treatment facility waste that contained a hazardous substance and either selected the facility to which it was transported or disposed of it in a manner contrary to law.

B. Notwithstanding subsection A of this section, a person that owns real property is not a responsible party if there is a release or threatened release of a hazardous substance from a facility in or on the property unless one or more of the following applies to that person:

1. Was engaged in the business of generating, transporting, storing, treating or disposing of a hazardous substance at the facility or disposing of waste at the facility, or knowingly allowed others to engage in such a business at the facility.

2. Allowed any person to use the facility for disposal of a hazardous substance.

3. Knew or reasonably should have known that a hazardous substance was located in or on the facility at the time right, title or interest in the property was first acquired by the person and engaged in conduct by which he associated himself with the release. For the purpose of this paragraph, a written warranty, representation or undertaking, which is set forth in an instrument conveying any right, title or interest in the real property and which is executed by the person conveying the right, title or interest, or which is set forth in any memorandum of any such instrument executed for the purpose of recording, is admissible as evidence of whether the person acquiring any right, title or interest in the real property knew or reasonably should have known that a hazardous substance was located in or on the facility. For purposes of this paragraph, "associated himself with the release" means having actual knowledge of the release and taking action or failing to take action that the person is authorized to take and that increases the volume or toxicity of the hazardous substance that has been released.

4. Took action that significantly contributed to the release after the person knew or reasonably should have known that a hazardous substance was located in or on the facility.

C. Any liability that accrues to an owner of real property under this section does not accrue to any other person who is not an owner of the real property merely because the other person holds some right, title or interest in the real property. An owner of real property on which a public utility easement is located is not a responsible party with respect to any release caused by any act or omission of the public utility that holds the easement in carrying out the specific use for which the easement was granted.

D. A person otherwise deemed a responsible party is not liable under this article if the person can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the resulting damages were caused solely by:

1. An act of God.

2. An act of war.

3. An act or omission of a third party, whether lawful or unlawful, including acts of vandalism or unlawful disposal of hazardous waste or hazardous substances, other than an employee or agent of that person or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with that person, unless the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail, if that person establishes by a preponderance of the evidence that:

(a) That person exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of the hazardous substance in light of all relevant facts and circumstances.

(b) That person took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.

4. A release or threatened release that was subject to limits or conditions in a federal permit or a state permit relating to the protection of public health or the environment and the operation of the releasing facility has been and is in compliance with applicable limits or conditions.

5. The application of a pesticide product registered under the federal insecticide, fungicide, and rodenticide act (61 Stat. 163) and applied according to label requirements.

6. Liability has been assumed by the federal postclosure liability fund established under 42 United States Code section 9607(k).

7. Any combination of paragraphs 1 through 6 of this subsection.

E. A person is not a responsible party with respect to a hazardous substance that is located on or beneath property that is owned or occupied by that person if the hazardous substance is present solely because it migrated from property that is not owned or occupied by that person and that person is not otherwise a responsible party as prescribed by subsection A, paragraph 2 or 3 of this section.

F. A person is not liable for costs or damages incurred solely as a result of an action taken or omitted while rendering care, assistance or advice that is consistent with rules adopted by the director, is consistent with the national contingency plan or is under the direction of an on-scene coordinator appointed pursuant to the national contingency plan and that is rendered with respect to a release or a threat of a release of a hazardous substance that creates a danger to public health or the environment. This subsection does not preclude liability for costs or damages that result from that person's negligence.

G. A state or local government and its employees or authorized representatives are not liable for costs or damages incurred as a result of an action taken in response to an emergency created by the release or threatened release of a hazardous substance that is generated by or from a facility owned by another person. This subsection does not preclude liability for costs or damages that result from gross negligence or intentional misconduct by this state or local government. For the purposes of this subsection, reckless, wilful or wanton misconduct constitutes gross negligence.

H. A person who maintains indicia of ownership in a property primarily to protect a security interest in a facility and who does not participate in the management of the facility is not liable as an owner or operator of that facility pursuant to this section. This subsection does not apply to a person who does any of the following:

1. Through intentional misconduct or gross negligence causes, contributes to or aggravates the release of a hazardous substance.

2. Fails to disclose to the facility's purchaser the known presence of a release or a threatened release of a hazardous substance at the time of sale or divestiture of the facility or the security interest in the facility.

3. Fails to obtain a phase I environmental assessment of the facility that complies with standards adopted by rule pursuant to subsection K of this section at the time of or at a reasonable time before foreclosure. This paragraph does not apply to residential properties with fewer than five residential units.

4. Fails to do any of the following after acquiring ownership of the facility:

(a) Provide the department reasonable access so that the necessary remedial actions may be conducted.

(b) Undertake reasonable steps to control access to the area of known presence of a release of a hazardous substance to protect the public health and welfare and the environment.

(c) Act diligently to sell or otherwise divest the property within two years after the lender's possession or ownership, whichever is earlier.

I. A fiduciary is not personally liable as an owner or operator pursuant to this section. This section does not preclude claims against assets held in an estate, a trust or other fiduciary capacity for the release or a threatened release of a hazardous substance from one of the assets.  This section does not apply if either of the following applies:

1. A fiduciary through intentional misconduct or gross negligence causes, aggravates or contributes to the release or threatened release of hazardous substances or allows others to do so, except that a fiduciary shall not be liable for the intentional misconduct or gross negligence of any nonemployee agent or independent contractor if the fiduciary has not specifically directed the nonemployee agent or independent contractor to perform the grossly negligent act or engage in the intentional misconduct.

2. The appointment of the fiduciary is for the purpose of avoiding liability under this article. It is prima facie evidence that the fiduciary was appointed to avoid liability under this article if the facility is the only substantial asset in the fiduciary estate.

J. Subsections F, G, H and I of this section do not affect the liability of any person who is otherwise liable with respect to the release or threat of release pursuant to this section.

K. The director may adopt rules to implement subsections H and I of this section.

L. A fiduciary may not be a fiduciary and grantor of the same fiduciary estate.

M. A unit of state or local government is not liable for purposes of this section if that unit is not liable under section 101(35)(A)(ii) or section 101(20)(D) of CERCLA.

N. Nonmanagerial employees acting within the course and scope of their employment are not liable under this article.

O. The owner of a qualifying property shall provide written notice to:

1. Any prospective buyer of the qualifying property. Notice required pursuant to this paragraph shall occur before the qualifying property is conveyed.

2. The director:

(a) When the qualifying property owner lists or offers the qualifying property or any portion of the qualifying property for sale.

(b) When the purchase of the qualifying property or any portion of the qualifying property is complete.

3. The state mine inspector if the site is a mine or abandoned mine as defined in section 27-301:

(a) When the qualifying property owner lists or offers the qualifying property or any portion of the qualifying property for sale.

(b) When the purchase of the qualifying property or any portion of the qualifying property is complete.

P. For the purposes of this section:

1. "Fiduciary" means:

(a) A trust company or bank certified or authorized to engage in the trust business pursuant to title 6, chapter 8, article 1.

(b) Any person appointed by a court or testamentary act to act as personal representative, executor, trustee, administrator, guardian, conservator, receiver or trustee in bankruptcy.

(c) Any person acting as a trustee of a deed of trust pursuant to section 33-803.

(d) Any person acting as a trustee pursuant to title 14, chapter 7.

(e) Any person acting pursuant to and subject to fiduciary obligations under the employee retirement income security act of 1974 (29 United States Code sections 1101 through 1114).

2. "Indicia of ownership" means legal or equitable title that has been acquired through or is incident to the default of a borrower.

3. "Prospective buyer" means a person that has entered into a contract to purchase a qualifying property.

4. "Qualifying property" means property where there has been a release or threatened release of a hazardous substance that is known to the owner of the property, the owner is a responsible party as prescribed in this section and the property meets either of the following classifications:

(a) A site on the registry established pursuant to section 49-287.01.

(b) A site not on the registry established pursuant to section 49-287.01 if the department has identified the release or threat of release of a hazardous substance and engages in regulatory action that results in a written notice of violation or written enforcement action in response to the release or threat of release of a hazardous substance and the enforcement action is ongoing.

5. "Written notice" means written communication to a prospective buyer that there has been a release or threatened release of a hazardous substance on the qualifying property.
A.R.S. § 49-255.02 — Arizona Code / Title 49 / Chapter 2 / Article 3.1 / Section 255.02
49-255.02 Pretreatment program; rules and standards
Status: in_force

49-255.02. Pretreatment program; rules and standards

A. The director shall adopt rules to establish a pretreatment program that is consistent with the requirements of sections 307, 308 and 402 of the clean water act.  The director shall not adopt any requirement that is more stringent than or conflicts with any requirements of the clean water act, except the director shall apply the pretreatment program to publicly owned treatment works that discharge to a non-WOTUS protected surface water.

B. The rules adopted by the director shall provide for all of the following:

1. Development or modification of local pretreatment programs by the owners of publicly owned treatment works that discharge or as otherwise required under the clean water act or this article to prevent the use or disposal of sewage sludge produced by a publicly owned treatment works in violation of section 405 of the clean water act or requirements established pursuant to section 49-255.03, subsection A.

2. Approval by the director of new or modified local pretreatment programs or site specific modifications to pretreatment standards.

3. Oversight by the director of local program implementation.

C. The rules adopted by the director shall provide for the department to ensure that any industrial user of any publicly owned treatment works will comply with the requirements of sections 307 and 308 of the clean water act.
A.R.S. § 49-225 — Arizona Code / Title 49 / Chapter 2 / Article 2 / Section 225
49-225 Water quality monitoring
Status: in_force

49-225. Water quality monitoring

A. The director of environmental quality, with the advice and cooperation of the Arizona department of agriculture and the director of water resources when appropriate, shall conduct ongoing monitoring of the waters of the state including the state's WOTUS and aquifers to detect the presence of new and existing pollutants, determine compliance with applicable water quality standards, determine the effectiveness of best management practices, agricultural best management practices and best available demonstrated control technologies, evaluate the effects of pollutants on public health or the environment and determine water quality trends.

B. The director shall maintain a statewide database of groundwater and soils sampled for pollutants. All agencies shall submit to the director, in a timely manner, the results of any groundwater or soils sampling for pollutants and the results of any groundwater or soils sampling that detect any pollutants.

C. The director shall establish minimum requirements and schedules for groundwater and soils sampling that will ensure precise and accurate results. The requirements shall be distributed to all agencies that conduct sampling. All sampling conducted shall meet the minimum requirements established pursuant to this subsection.
A.R.S. § 49-290.02 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 290.02
49-290.02 Applicability of Arizona department of water resources requirements; metal mining facilities
Status: in_force

49-290.02. Applicability of Arizona department of water resources requirements; metal mining facilities

A. A metal mining facility conducting mitigation activities pursuant to an order issued by the director of environmental quality pursuant to section 49-286 shall obtain and comply with applicable permits, approvals or other authorizations required by the department of water resources. On consultation with the director of environmental quality, the director of water resources may waive its applicable permits, approvals or authorizations if the director of water resources determines that the permit, approval or other authorization unreasonably limits the completion of mitigation activities undertaken by a metal mining facility pursuant to an order issued pursuant to section 49-286 and if the waiver does not conflict with the statutory intent of the permit, approval or other authorization. The department of water resources shall expedite the processing and issuance of permits, approvals or authorizations to facilitate the prompt conduct of approved mitigation activities undertaken by a metal mining facility pursuant to an order issued pursuant to section 49-286. If the department of water resources fails to issue or deny a permit within one hundred twenty days of the date of receipt of a complete application for a permit, approval or authorization required for completion of the mitigation activities approved by the department of environmental quality pursuant to an order issued pursuant to section 49-286, the department of environmental quality may authorize the metal mining facility conducting the approved mitigation activities to proceed with those activities and that metal mining facility shall not be subject to any penalties for failure to obtain the permit, approval or authorization from the department of water resources, but shall be required to comply with the substantive requirements of such permit, approval or authorization.  The determination of whether an application for a permit is complete shall be made by the department of water resources. A metal mining facility conducting mitigation activities pursuant to an order issued by the department of environmental quality pursuant to section 49-286 that uses groundwater withdrawn in an active management area shall continue to pay any applicable groundwater withdrawal fee for the groundwater the metal mining facility withdrew and used or received and used.

B. The director of environmental quality and the director of water resources shall coordinate their efforts to expedite mitigation activities undertaken by a metal mining facility pursuant to an order issued pursuant to section 49-286, including obtaining information pertinent to site investigations, site management and beneficial use of water withdrawn for mitigation purposes.

C. With respect to mitigation activities undertaken by a metal mining facility pursuant to an order issued by the department of environmental quality pursuant to section 49-286, the director of water resources may waive any regulatory requirement adopted pursuant to title 45 with respect to a site or portion of a site as part of a mitigation order issued by the department of environmental quality pursuant to section 49-286 for that site or portion of a site if the regulatory requirement conflicts with the implementation of the ordered mitigation activities, provided that the waiver does not result in adverse impacts to other land and water users.  No waiver may be granted under this subsection if it is prohibited by federal law or if the waiver would jeopardize the continued delegation to the state of authority to implement a federal environmental program.
A.R.S. § 49-282.02 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 282.02
49-282.02 Water quality assurance revolving fund; emergency response use; definitions
Status: in_force

49-282.02. Water quality assurance revolving fund; emergency response use; definitions

A. Notwithstanding any other statute, monies from the water quality assurance revolving fund may be used for all reasonable costs incurred in remedial actions taken in response to a release or threat of a release of a hazardous substance or pollutant that presents an emergency to the public health or the environment. Within ten days of the date that the first remedial action costs are incurred, the director shall make a written determination that an emergency exists or that an emergency existed at the time the remedial action costs were incurred. A remedial action funded as an emergency response shall be completed within one year of the director's written determination that an emergency exists.

B. Any reasonable, necessary and cost-effective remedial action costs incurred by the director pursuant to this section in response to a release or a threat of a release of a hazardous substance that presents an imminent and substantial endangerment to the public health or the environment may be recovered in a civil action brought by the attorney general against any responsible party as prescribed by section 49-285, subsection A. This subsection does not preclude the department from initiating actions under other provisions of state or federal law. With respect to any reasonable, necessary and cost-effective remedial action costs incurred by the director pursuant to this section in responding to a release or a threat of a release of a pollutant, the attorney general may recover those costs in a civil action against a person only to the extent otherwise permitted by statute or the common law and not pursuant to this article.

C. For purposes of this section:

1. "Imminent and substantial endangerment to the public health or the environment" means, for purposes of cost recovery, an immediate and significant risk of harm to the public health or the environment as a result of a release of a hazardous substance.

2. "Remedial actions" means those actions necessary to prevent, minimize or mitigate significant damage to public health or the environment that may result from a release or a threat of release, based on an evaluation of the factors prescribed in 40 Code of Federal Regulations section 300.415(b)(2) as amended as of January 1, 1992. Remedial actions include those actions consistent with appropriate removal action prescribed by 40 Code of Federal Regulations section 300.415(d) as amended as of January 1, 1992.
A.R.S. § 49-282.06 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 282.06
49-282.06 Remedial action criteria; rules
Status: in_force

49-282.06. Remedial action criteria; rules

A. Remedial actions shall:

1. Assure the protection of public health and welfare and the environment.

2. To the extent practicable, provide for the control, management or cleanup of the hazardous substances in order to allow the maximum beneficial use of the waters of the state.

3. Be reasonable, necessary, cost-effective and technically feasible.

B. The director shall adopt rules necessary to implement this article. The director may adopt CERCLA rules, guidelines or procedures by reference to the extent consistent with this article. Rules adopted pursuant to this subsection shall include rules for:

1. The use of monies from the fund, including establishing priorities for the use of the monies from the fund.

2. The scoring and rescoring of sites or portions of sites.

3. The criteria for a finding of no further action for sites pursuant to section 49-287.01.

4. The selection of remedial actions including the establishment of the level and extent of cleanup at a site or a portion of a site. The rules shall provide for the selection of a remedial action by comparison of alternative remedial actions, which may include no action, monitoring, source control, controlled migration, physical containment, plume remediation and the consideration of the criteria in subsection C of this section. The rules also shall provide that the selected remedial action meet the requirements of subsection A of this section and the following:

(a) For remediation of soil, the selected remedial action shall be consistent with the soil remediation standards adopted pursuant to section 49-152.

(b) For remediation of waters of the state, the selected remedial action shall address, at a minimum, any well that at the time of selection of the remedial action either supplies water for municipal, domestic, industrial, irrigation or agricultural uses or is part of a public water system if the well would now or in the reasonably foreseeable future produce water that would not be fit for its current or reasonably foreseeable end uses without treatment due to the release of hazardous substances. The specific measures to address any such well shall not reduce the supply of water available to the owner of the well.

5. Incentives for initiating early remedial actions and implementing innovative remedial technologies.

C. In adopting the rules required by this section and in selecting remedial actions, the director shall consider the following factors:

1. Population, environmental and welfare concerns at risk.

2. Routes of exposure.

3. Amount, concentration, hazardous properties, environmental fate, such as the ability to bioaccumulate, persistence and probability of reaching the waters of the state, and the form of the substance present.

4. Physical factors affecting human and environmental exposure such as hydrogeology, climate and the extent of previous and expected migration.

5. The extent to which the amount of water available for beneficial use will be preserved by a particular type of remedial action.

6. The technical practicality and cost-effectiveness of alternative remedial actions applicable to a site.

7. The availability of other appropriate federal or state remedial action and enforcement mechanisms, including, to the extent consistent with this article, funding sources established under CERCLA, to respond to the release.

D. Notwithstanding this article, the director may approve a remedial action that may result in water quality exceeding water quality standards after the completion of the remedy if the director finds that the remedial action meets the requirements of this section.

E. The director's approval pursuant to this section does not affect the classification of an aquifer pursuant to section 49-224.

F. Remedial actions required by this article shall be consistent with the requirements of title 45, chapter 2, except as provided in section 49-290.01.
A.R.S. § 49-289 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 289
49-289 Fund financed remedial action; definition
Status: in_force

49-289. Fund financed remedial action; definition

A. The director shall assure that remedial actions taken pursuant to this article are pursued and completed as expeditiously as possible, consistent with the criteria in section 49-282.06 and the rules adopted pursuant to that section. A remedial action shall not be financed in whole or in part from monies in the water quality assurance revolving fund unless the remedial action plan proposed pursuant to section 49-287.04, subsection A and each record of decision prepared pursuant to section 49-287.04, subsection F specify:

1. A time for commencing the implementation of the remedy after conclusion of settlements and allocation of liability.

2. A specific time period for completing the remedy.

B. The director may amend any record of decision to change the remedial action selected or the time periods for commencing implementation and completing the remedial actions after considering the criteria in section 49-282.06 and the rules adopted under that section and subsection A of this section. Before amending a record of decision, the director shall give notice as required in section 49-287.04, subsection B and written notice to all persons who have entered into a settlement with the director regarding the site or who have otherwise been determined to be responsible parties pursuant to this article and who have not fully satisfied their obligations and to any persons who have served a notice pursuant to section 49-264 regarding the site.

C. After the conclusion of the public comment period, the director shall prepare a comprehensive responsiveness summary and an amended record of decision regarding the remedial action plan. The amended record of decision is a final agency action as of the date the director signs the final record of decision.

D. The director shall serve written notice of the amended record of decision pursuant to section 49-287.04, subsection G.

E. Any notice of appeal of the amended record of decision shall be made pursuant to section 49-287.04, subsection I.

F. A person who is or may be adversely affected by a remedial action selected in a record of decision may file an action in the superior court against the director and any political subdivision that has been awarded fund monies pursuant to section 49-282,subsection F in order to enforce the time periods for commencing implementation and completing a remedial action that are contained in a record of decision. This action shall be filed in the same manner as provided in section 49-264.
A.R.S. § 49-102 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 102
49-102 Department of environmental quality; director; deputy director; division directors; divisions
Status: in_force

49-102. Department of environmental quality; director; deputy director; division directors; divisions

A. The department of environmental quality is established.

B. The governor shall appoint a director of environmental quality pursuant to section 38-211. The director shall administer the department and serve at the pleasure of the governor. The director is entitled to receive compensation as determined under section 38-611. The director shall appoint a deputy director and, subject to legislative appropriation, may appoint division directors if necessary. The positions of director and deputy director are exempt from title 41, chapter 4, articles 5 and 6 relating to state service.

C. To be eligible for appointment as director a person must have a background or experience in one or more of the following areas:

1. Public administration.

2. Planning.

3. Personnel management.

4. Law.

5. Environmental science.

D. The director may organize the department into divisions as he deems appropriate.
A.R.S. § 49-142 — Arizona Code / Title 49 / Chapter 1 / Article 3 / Section 142
49-142 Abatement order; hearing; injunction
Status: in_force

49-142. Abatement order; hearing; injunction

A. If the director has reasonable cause to believe from information furnished to the director or from the director's own investigation that a person is maintaining an environmental nuisance, the director may serve, by certified mail, an abatement order on the person requiring the person to abate the nuisance. If the person fails or refuses to comply with the order within the time specified in the order or if after reasonable attempts the director is unable to serve the order, the director may abate the nuisance at the department's expense. The director shall be entitled to recover the reasonable costs of abatement incurred in accordance with any terms of the order that have been upheld after all rights to appeal or judicial review have been exhausted or waived.

B. An abatement order issued pursuant to this section becomes final unless within thirty days after receipt of the order an appeal is made pursuant to title 41, chapter 6, article 10.

C. If a person fails or refuses to comply with an abatement order issued under this section or if the director has reason to believe that a person is creating an actual or potential endangerment to the public health or environment because of acts performed in violation of this article or a rule applicable to any environmental nuisance described in section 49-141, the director may file an action in superior court in the county in which the violation occurred or in any county in which the department maintains an office to restrain and enjoin the person from further violations, to compel compliance with an order or to abate an environmental nuisance. The court shall proceed as in other actions for injunctions.
A.R.S. § 49-287.03 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 287.03
49-287.03 Remedial investigation and feasibility study
Status: in_force

49-287.03. Remedial investigation and feasibility study

A. The department may conduct a remedial investigation and feasibility study of a scored site or portion of the site to assess conditions on the site or portion of the site and to evaluate alternative potential remedies to the extent necessary to select a final remedy in a manner consistent with the rules and procedures adopted pursuant to section 49-282.06.

B. Unless the director determines that the necessary remedial action can be completed within one hundred eighty days, before the department begins a remedial investigation and feasibility study for a site or a portion of a site, the department shall prepare a scope of work, a fact sheet and an outline of a community involvement plan.  The scope of work shall generally describe the proposed scope of the remedial investigation and feasibility study.  The outline of the community involvement plan shall address all of the elements of the community involvement plan requirements of section 49-289.03.

C. The department shall provide written notice to each person who, according to information available to the department, may be liable under this article that the scope of work is available for inspection and that any person by agreement with the department may develop and implement a work plan for the remedial investigation and the feasibility study. The department shall publish in a newspaper of general circulation in the county where the site is located a notice of the availability of the scope of work, fact sheet and outline of a community involvement plan for public comment. The notice shall provide an opportunity for a public meeting.

D. The department shall prepare a responsiveness summary before implementing the scope of work.  Before the director implements a remedial investigation, unless the director determines that the necessary remedial action can be completed within one hundred eighty days, the department shall prepare and implement the community involvement plan based upon the outline and after considering the public comments, consistent with the requirements of section 49-289.03.  The department shall update the community involvement plan at least every two years.

E. The remedial investigation shall collect the data necessary to adequately characterize the site or the portion of the site for the purpose of developing and evaluating effective remediation alternatives pursuant to the feasibility study requirements prescribed by subsection F of this section.

F. The feasibility study shall be fully integrated with the results of the remedial investigation and shall include an alternative screening step to select a reasonable number of alternatives in a manner consistent with the rules and procedures adopted pursuant to section 49-282.06.
A.R.S. § 49-241.02 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 241.02
49-241.02 Aquifer protection permit program fees
Status: in_force

49-241.02. Aquifer protection permit program fees

A. The department shall adopt by rule fees to pay the expenses incurred in implementing the aquifer protection permit program. Monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.

B. If the department contracts with a consultant under section 49-203, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and agreeing to pay to the department the costs of the consultant's services regardless of the other provisions of this section.
A.R.S. § 49-183 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 183
49-183 Insurance
Status: in_force

49-183. Insurance

Insurance coverage shall not be denied an insured solely on the basis of the insured's participation in the voluntary remediation program pursuant to this article or chapter 2, article 5 of this title.
A.R.S. § 49-174 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 174
49-174 Application review and approval
Status: in_force

49-174. Application review and approval

A. After receipt of an application submitted pursuant to section 49-173, the department shall promptly review the application and approve, deny or request modifications to determine the applicant’s eligibility to participate in the voluntary remediation program established by this article. An applicant is eligible to participate if the application contains all of the information listed in section 49-173 and the work performed or to be performed does not include activities listed in section 49-172, subsection B.

B. An application shall be deemed complete unless the department, within sixty days of receipt, notifies the applicant that the application is incomplete or has been denied.  If the department determines that additional information is necessary to evaluate or to take final action on the application, the department may request such information in writing and set a reasonable deadline for a response.

C. After an application is approved, the applicant, within a reasonable time period, shall submit a work plan pursuant to section 49-175 or a report pursuant to section 49-181, whichever is applicable.
A.R.S. § 49-264 — Arizona Code / Title 49 / Chapter 2 / Article 4 / Section 264
49-264 Private right of action; citizen suits; right to intervene
Status: in_force

49-264. Private right of action; citizen suits; right to intervene

A. Except as provided in subsection B of this section, a person that has an interest that is or may be adversely affected by a violation of this chapter or a rule adopted or an order issued by the department pursuant to this chapter may commence a civil action in superior court on the person's own behalf against the director alleging a failure of the director to perform an act or duty under this chapter that is not discretionary with the director.  The court shall have jurisdiction to order the director to perform the act or duty.

B. No action may be commenced in any of the following cases:

1. Before one hundred twenty days after the plaintiff has given notice of the alleged violation to the director and to an alleged violator.

2. If after conducting an investigation the director determines within one hundred twenty days after receiving notice of the alleged violation from the plaintiff that no violation has occurred, or the director had determined before receiving the notice of the alleged violation that the violation had not occurred.

3. If the department has issued and is diligently processing a notice of violation or an order or has commenced and is diligently prosecuting a civil action in the superior court to require compliance with the provision, order, permit, standard, rule or discharge limitation.

4. If the attorney general or county attorney has commenced and is diligently prosecuting a civil action in the superior court to require compliance with the provision, order, permit, standard, rule or discharge limitation.

5. If the director is diligently pursuing the violation under another state or federal environmental law.

C. In an action commenced under this section the plaintiff has the burden of proof.

D. The court, in issuing a final order in an action brought under this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any party that substantially prevails.

E. A person that is or may be adversely affected by a violation of any requirement of the underground injection control permit program established pursuant to article 3.3 of this chapter may intervene as a matter of right in any pending state civil or administrative enforcement action.  A person's right to intervene is limited as follows:

1. A person may intervene only if the person is adversely affected by the violation that is named in the state's action.

2. A person may intervene only for purposes of obtaining the following remedies for the state:

(a) A temporary restraining order.

(b) Injunctive relief.

(c) Civil penalties.

(d) Any combination of the penalties prescribed in this paragraph.
A.R.S. § 49-302 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 302
49-302 Information submittal
Status: in_force

49-302. Information submittal

A.  An applicant shall submit to the director information that enables the department of environmental quality to determine whether a pesticide has the potential to pollute the groundwater in this state.  This information shall include all of the following information for each active ingredient in the pesticide intended for registration with the Arizona department of agriculture:

1. Water solubility.

2. Vapor pressure.

3. Octanol-water partition coefficient.

4. Soil adsorption coefficient.

5. Henry's law constant.

6. Dissipation studies, including hydrolysis, photolysis, aerobic and anaerobic soil metabolism, and field dissipation, under conditions in this state or similar environmental use conditions, if that information exists in studies and conclusions from other states or the United States government.

7. The director may by rule require additional information that is required by the United States environmental protection agency for environmental fate parameters necessary to gain full registration under federal law.

B. The director may also require the information prescribed in subsection A for other specified ingredients and degradation products of an active ingredient in any pesticide, and all information submitted shall comply with subsection C. Any studies submitted pursuant to this subsection shall meet the same testing methods required for studies conducted on active ingredients.  The director may also require testing protocols that are specific or adaptable to soil and climatic conditions in this state.

C.  Information submitted pursuant to subsection A shall comply with all of the following:

1. Information shall be presented in English and summarized in tabular form with the actual studies, including methods and protocols, attached.

2. All information and studies concerning product chemistry and environmental fate shall at a minimum meet the testing methods and reporting guidelines established by the United States environmental protection agency.

3. With approval from the director, applicants may use specified alternative protocols as permitted by the United States environmental protection agency guidelines if the director finds use of the protocol is consistent with and accomplishes the objective of this article as stated in subsection A.

4. The director may accept information, studies and conclusions from other states and the federal government if the director finds them to be derived from standard protocol procedures consistent with the objective of this article as stated in subsection A.

D. The director may waive any information required by subsection A if the director determines that the applicant has demonstrated either of the following:

1. That due to the nature of the active ingredient, it is not scientifically possible to obtain meaningful results in the test or tests required to obtain the particular information for which a waiver is sought.

2. That due to the application or cultural practices for the active ingredient, it is not necessary to obtain the particular information for which a waiver is sought.

E. On approval of the director, an applicant may submit alternative information to satisfy a data requirement of subsection A. This alternative information shall accurately describe the relevant data requirement for each active ingredient of the pesticide under conditions in this state or under similar environmental use conditions.

F. Information requirements that the director waives pursuant to subsection D shall not constitute a groundwater protection data gap.
A.R.S. § 49-237 — Arizona Code / Title 49 / Chapter 2 / Article 2.1 / Section 237
49-237 Impact of successful judicial appeal of Arizona department of environmental quality decision
Status: in_force

49-237. Impact of successful judicial appeal of Arizona department of environmental quality decision

If a person appeals to court and succeeds in overturning or modifying a final administrative decision of the director pursuant to this article in an appeal initiated pursuant to title 41, chapter 6, article 10, within thirty days of the court’s decision the department shall take the steps necessary to implement the court’s decision, unless the director's decision that is overturned or modified was submitted to and approved by the regional administrator, in which case within thirty days of the court’s decision the department shall request that the regional administrator modify the approval to reflect the court’s decision.
A.R.S. § 49-177 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 177
49-177 Work plan review and approval
Status: in_force

49-177. Work plan review and approval

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

B. The department shall approve a work plan if, after considering the information in the work plan and any public comments the director finds that:

1. If characterization has not been completed, that characterization will be completed in a timely manner.

2. If characterization has been completed, that the proposed remediation is reasonably likely to achieve the remediation levels or controls established pursuant to section 49-175, subsection B in a timely manner.

3. The proposed community involvement meets the requirements of section 49-176.

4. The work to be performed complies with any applicable corrective or remedial action requirements of any applicable permit required under this title.  If proposed remediation under this article requires a permit, a solid waste facility plan approval pursuant to section 49-762.03, or a modification, the permit, plan approval, or modification shall be obtained through the applicable program.

5. The proposed remediation is consistent with title 45, chapter 2.

6. The work to be performed complies with any otherwise applicable laws and rules.

C. The department may deny a work plan if the applicant fails or refuses to correct deficiencies or make modifications required for approval, if the proposed remediation would interfere with or substantially increase the cost of a remedial action that the department may conduct to address waters of the state pursuant to chapter 2, article 5 of this title, or if the director determines that the applicant is not financially capable of conducting the work proposed in the work plan.

D. If approved, the work proposed in the work plan, including the community involvement requirements, shall be performed according to the requirements and schedule set forth in the work plan.  Any permits or permit modifications needed to implement an approved plan shall be obtained as required through the applicable program.  The approval suspends any remedial action by the director at the site or portion of the site described in the approved work plan, including the issuance of any order or the filing of any action to compel the work approved in the work plan, to the extent determined by the director to be appropriate.  The actions to be suspended shall be specifically stated in the director's approval.

E. The department may inspect sites approved under this section at reasonable times and require reporting.  The department may also request modifications pursuant to section 49-180.

F. After approval of the work plan, the department shall not take any action against the applicant that has been suspended unless the applicant notifies the department that it is withdrawing from the voluntary remediation program or the department terminates an applicant’s participation in the program pursuant to section 49-178.

G. Approval of a work plan under this section that includes the withdrawal of groundwater qualifies the applicant for remediated groundwater incentives set forth in Laws 1997, chapter 287, sections 51 and 52 only if the remedial action is designed primarily to address a release of a contaminant that is a hazardous substance.

H. If the department denies the work plan, the applicant may initiate dispute resolution under section 49-185, subsection B or C.
A.R.S. § 49-309 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 309
49-309 Cancellation of pesticide registration; hearing for reconsideration and continued use
Status: in_force

49-309. Cancellation of pesticide registration; hearing for reconsideration and continued use

A. If the director determines the pesticide which meets any of the conditions specified in section 49-308 is carcinogenic, mutagenic, teratogenic or toxic to humans in concentrations found at depths prescribed in section 49-308, subsection A and the pesticide label cannot be modified to change the approved use and application of the active ingredient to ensure that it does not threaten to pollute the groundwaters of this state, the director shall notify the Arizona department of agriculture to cancel the registration of the pesticide.

B. For any other pesticide which meets any of the conditions specified in section 49-308 the registrant may request a hearing within forty-five days of notification that the director has made a determination pursuant to section 49-308, subsection B. At the same time the registrant shall submit a report and documented evidence which demonstrates either of the following:

1. The presence in the soil of any active ingredient, other specified ingredient or degradation product does not threaten to pollute the groundwaters of this state in any region in this state or that the pesticide label can be modified to change the approved use and application of the active ingredient to ensure that it does not threaten to pollute the groundwaters of this state.

2. Any active ingredient, other specified ingredient or degradation product that has been found in groundwater has not polluted, and does not threaten to pollute, the groundwater of this state in any region in this state in which the pesticide may be used according to the terms under which it is registered or that the pesticide label can be modified to change the approved use and application of the active ingredient to ensure that it does not threaten to pollute the groundwater of this state.

C. The director of environmental quality, after a public hearing and in consultation with the director of water resources, the director of the department of health services and the director of the Arizona department of agriculture, may allow the continued registration, sale and use of a pesticide, other than those identified in subsection A of this section, which meets any of the conditions specified in section 49-308 if the director determines any of the following:

1. Either of the conditions prescribed in subsection B of this section exist and apply to the pesticide.

2. There are no alternative products or practices that can be effectively used in substitution for the pesticide and the cancellation or modification will cause severe economic hardship on one or more segments of the agricultural industry in this state.

D. Notwithstanding subsection C of this section, the director shall not allow the continued registration, sale or use of a pesticide if it would cause a violation of water quality standards at the applicable point of compliance.

E. The Arizona department of agriculture shall cancel the registration of any pesticide identified pursuant to section 49-308 unless continued under subsection C of this section.
A.R.S. § 49-185 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 185
49-185 Appeals and dispute resolution
Status: in_force

49-185. Appeals and dispute resolution

A. Under this article, only the denial or rescission of a no further action determination is an appealable agency action as defined in section 41-1092, a contested case as defined in section 41-1001, or an action against a party as defined in section 41-1092.12.

B. In a dispute concerning an issue of geologic, hydrologic, chemical, biological or other scientific interpretation under this article, the applicant may request dispute resolution under this subsection. The applicant and the department shall seek in good faith to resolve the dispute informally.  If the dispute cannot be resolved informally within thirty days, the applicant may submit a written statement describing the dispute, the applicant's proposed resolution and any supporting information to the department within twenty days after the end of informal dispute resolution.  Within thirty days after receipt of the applicant's written statement, the department shall deliver or mail a written response to the applicant.  The applicant's statement and the department's response may then be submitted to a qualified professional other than a professional retained by the applicant or an employee of the department.  The department shall maintain a list of qualified professionals who may be selected to perform a review under this subsection.  The professional shall review the matter and provide a recommended resolution to the director within thirty days after receipt of the information regarding the dispute.  The applicant shall pay the cost of the review.  Within forty-five days after receipt of the professional's recommendations, the director shall select the applicant's, the department's or the professional's proposed resolution of the dispute and shall issue a written explanation of the decision.  Deadlines under this subsection may be extended by agreement of the parties.

C. Any dispute between an applicant and the department that arises under this article may be resolved as provided in this subsection.  Before making any request under this subsection, the applicant and the department shall seek in good faith to resolve the dispute informally.  If the dispute cannot be resolved in thirty days, the applicant may submit a written statement describing the dispute and the applicant's proposed resolution of the dispute to the department within thirty days after conclusion of the informal dispute resolution.  Within forty-five days after receipt of the applicant's statement, the department shall deliver or mail a written response to the applicant proposing a resolution of the dispute.  The applicant may submit a written request for a decision on the dispute by the director. Within twenty days after receipt of the applicant's proposal, the director shall select the applicant's or the department's proposed resolution of the dispute and shall issue a written explanation of the decision. Deadlines under this subsection may be extended by agreement of the parties.

D. A dispute regarding billings by the department for reimbursement of costs pursuant to section 49-179 shall be resolved pursuant to subsection C of this section.  Any dispute regarding a billing shall be raised in writing within thirty days after a bill is received.  The department shall not require payment of the disputed portion of the bill to invoke dispute resolution.  The department shall not terminate an application pursuant to section 49-178 for nonpayment of a disputed portion of a bill while dispute resolution is being conducted until after the director issues a decision.
A.R.S. § 49-255.05 — Arizona Code / Title 49 / Chapter 2 / Article 3.1 / Section 255.05
49-255.05 Best management practices for activities within non-WOTUS
Status: in_force

49-255.05. Best management practices for activities within non-WOTUS

A. The director shall adopt by rule best management practices and notification requirements to ensure that the activities prescribed in this section do not violate applicable surface water quality standards.  The director may include only those best management practices that extend to:

1. Activities conducted within the ordinary high watermark of perennial or intermittent non-WOTUS protected surface waters.

2. Activities conducted within the bed and banks of waters that materially impact downstream non-WOTUS protected surface waters. The director shall determine through rulemaking what constitutes a material impact and that rulemaking shall be based on factors that include distance and topography.

3. Activities that are not already regulated under this title.

B. The director may not adopt best management practices and notification requirements for the following:

1. Discharges to a non-WOTUS protected surface water incidental to a recharge project.

2. Established or ongoing farming, ranching and silviculture activities such as plowing, seeding, cultivating, minor drainage or harvesting for the production of food, fiber or forest products or upland soil and water conservation practices.

3. Maintenance but not construction of drainage ditches.

4. Construction and maintenance of irrigation ditches.

5. Maintenance of structures such as dams, dikes and levees.
A.R.S. § 49-287.02 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 287.02
49-287.02 Responsible party search
Status: in_force

49-287.02. Responsible party search

A. If the director determines that a remedial investigation at a site or portion of the site may be necessary and the director determines that cost recovery may be appropriate, the department shall conduct an investigation to identify any person who may be liable under this article. The department shall use its best efforts to identify all persons who may be liable under this article for the release or threatened release at the site or portion of the site.

B. During the investigation, any person may provide the director with information regarding the identification and potential liability of any person or regarding any facility within the site from which a release of a hazardous substance may have occurred. If the director receives sufficient information, the director shall investigate the facts relating to the person's potential liability, including its share of liability under this article, without regard to the financial ability of the person. If the director receives sufficient information regarding a release of a hazardous substance from a facility within the site to indicate that it has contributed to contaminants of concern at the site or portion of the site being investigated pursuant to this section, the director shall investigate the release of the hazardous substance and the potential liability of persons under this article. If the director declines to investigate a person or facility, the director shall notify the person who provided the information of the director's decision not to investigate.

C. If the director declines to investigate a person or facility, any person who conducts an investigation and provides the results of the investigation to the director shall receive a credit for the reasonable and necessary cost of the investigation as an offset against any liability to the fund or to the state under this article if the investigation results in a settlement or a finding by the director, the allocator or the court that this additional identified person is liable under this article with respect to the site or portion of the site being investigated pursuant to this section.
A.R.S. § 49-282.04 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 282.04
49-282.04 Cross-contamination inspection; remedial measures
Status: in_force

49-282.04. Cross-contamination inspection; remedial measures

A. The director of environmental quality, in consultation with the director of water resources, may inspect wells for vertical cross-contamination of groundwater by hazardous substances and may take appropriate remedial actions to prevent or mitigate this cross-contamination at no cost to the well owner, subject to subsection D of this section. The director shall consult with and seek the voluntary compliance of affected well owners regarding well access, investigations and remedial actions. On receiving permission from the well owner or operator, the director or the director's designee may enter property owned or operated by the well owner at reasonable times under any of the following circumstances:

1. To inspect and collect samples from a well and to inspect and copy all documents or records relating to the well. If a sample is obtained pursuant to this section, the director, before leaving the property, shall give to the well owner or operator a receipt describing the sample obtained and, if requested, a portion of each sample. A copy of the results of any analysis made of these samples shall be furnished promptly to the well owner.

2. To conduct appropriate remedial actions regarding vertical cross-contamination or to investigate liability regarding contamination of groundwater caused by vertical cross-contamination.

B. The director of environmental quality shall notify the director of water resources of the results of the inspection and shall provide copies of its records and documents and the analysis of any samples taken. If it is determined that a well results in vertical cross-contamination, the director of environmental quality, upon receiving permission from the well owner or operator, may take appropriate remedial action, including well modification, abandonment or replacement, or provision of a replacement water supply.

C. A well owner who is not a responsible party pursuant to this article and who cooperates with the investigation and remedial activities of the director and the department of water resources to the extent possible consistent with its water delivery responsibilities and system operational requirements shall receive a covenant not to sue for secondary contamination resulting from the well unless the well owner had actual knowledge of groundwater contamination and constructed a well in violation of well construction requirements administered by the director of water resources, resulting in vertical cross-contamination of an aquifer.

D. Notwithstanding subsection C of this section, if the director takes remedial action pursuant to subsection A of this section and the well owner or operator is later determined to be responsible under this article for a release of hazardous substances which contaminated the well, the well owner or operator responsible for the release shall reimburse the fund for the owner or operator's proportionate share of the costs incurred in taking the action.

E. This section shall not be construed to limit the director's authority to take actions as authorized by other provisions in this article or any other law.
A.R.S. § 49-117 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 117
49-117 Supplemental environmental project; requirements; nexus
Status: in_force

49-117. Supplemental environmental project; requirements; nexus

A supplemental environmental project that is initiated or accepted by the department shall comply with this section, shall advance at least one of the objectives of the environmental statutes that are the basis of the enforcement action and shall have an adequate nexus.  A nexus exists only if any of the following apply.  The proposed project:

1. Is designed to reduce the likelihood that similar violations will occur in the future.

2. Reduces the adverse impact to public health or the environment to which the violation contributes.

3. Reduces the overall risk to public health or the environment potentially affected by the violation.
A.R.S. § 49-290 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 290
49-290 Exemption from permit requirements; definition
Status: in_force

49-290. Exemption from permit requirements; definition

A. Notwithstanding any other statute, a person who performs a remedial action or a portion of a remedial action that has been approved by the department if that action or portion is conducted in compliance with this article is not subject to any requirement to obtain any permit or approval that may otherwise be required by the department.

B. Except as prescribed in subsection D of this section, a person who conducts a portion of a remedial action, where that portion is entirely on site and is conducted in compliance with this article, may be exempted from a requirement to obtain any other state or local permit or approval, other than any requirement of title 45, at the written request of the person conducting the remedial action.  The written request shall identify the specific permit to be exempted and the reasons the exemption is requested. The permit may be exempted if the director finds both of the following:

1. The requirement does not arise out of any permit or regulatory program that is required pursuant to the laws of the United States.

2. The requirement presents a substantial impediment to effective performance of the remedial action selected by the department.

C. The director may waive any regulatory requirement adopted pursuant to this title with respect to a site or portion of a site as part of a record of decision adopted pursuant to section 49-287.04 for that site or portion of a site if the regulatory requirement conflicts with the implementation of the selected remedy, provided that the waiver does not result in adverse impacts to public health or the environment.  No waiver may be granted under this subsection if it is prohibited by federal law or if the waiver would jeopardize the continued delegation to the state of authority to implement a federal environmental program.

D. Discharge of wastewater to off-site publicly owned treatment works and sewer systems does not constitute an activity conducted entirely on site for purposes of subsection B of this section.

E. The director shall give written notice of any request for exemption made pursuant to subsection B of this section to the remedial action coordinator designated pursuant to subsection G of this section by the governmental entity whose permit requirements are the subject of the request.  Before making any finding pursuant to subsection B of this section, the director or the director's designee shall meet and confer with the remedial action coordinator and the person conducting the remedial action to identify alternatives to exemption.

F. Any finding made by the director pursuant to subsection B of this section shall be in writing.  The governmental entity whose permit requirement is preempted as a result of such finding is not liable for property damage, personal injury damage or violations of state or local law resulting from the exemption.  The director shall notify the affected governmental entity of any finding made pursuant to subsection B of this section.  A finding of the director made pursuant to subsection B of this section is a final administrative decision as defined in section 41-1092 and is subject to judicial review pursuant to title 12, chapter 7, article 6.

G. Each city, town and county shall designate a remedial action coordinator who shall have responsibility for monitoring and facilitating any remedial actions conducted within its jurisdiction.  The designated remedial action coordinator shall:

1. Regularly consult, as needed, with the department and the person conducting a remedial action throughout the duration of the remedial action.

2. Expedite the processing and issuance of permits, approvals or other authorizations required by the governmental entity represented by the remedial action coordinator, to facilitate the prompt conduct of a remedial action.

3. Provide information to the department and the person conducting the remedial action regarding applicable requirements of the governmental entity represented by the remedial action coordinator and the potential for waiver of such requirements.

H. In order to encourage remediation activities under this article and to conserve the fund, neither this state nor any county that imposes an excise or similar tax that is levied at a rate applied as a percentage of the rates on each business class subject to the tax imposed by title 42, chapter 5, article 1 may impose a tax on the sale or purchase of tangible personal property incorporated or fabricated into any real property, structure, project, development or improvement under a contract specified in section 42-5075, subsection B, paragraph 6.

I. For purposes of this section, "on site" means the areal extent of contamination and all suitable areas in close proximity to the contamination that are reasonably necessary for implementation of the remedial action.
A.R.S. § 49-188 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 188
49-188 Department access to private property
Status: in_force

49-188. Department access to private property

A representative of the department who enters private property pursuant to this article or pursuant to an agreement entered into pursuant to this article shall:

1. On entry of the premises, present photographic identification and state the purpose for the inspection.

2. Allow an authorized representative of the owner to accompany the department representative, except during confidential interviews.  If the department has reason to believe that no on-site representative of the owner will be present at a site at the time of an inspection, the department shall make reasonable efforts to provide notice sufficient to allow a representative of the owner to be present during the inspection.

3. Provide notice of the right to have:

(a) Copies of any original documents taken by the department representative during the inspection if the representative is permitted by law to take original documents.

(b) A split of any samples taken during the site visit if the split would not prohibit an analysis from being conducted or render an analysis inconclusive.

(c) Copies of any analyses performed on samples taken during the inspection.

4. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report.

5. Inform each person whose conversation with the representative during the inspection is tape recorded that the conversation is being recorded.

6. Promptly notify the applicant in writing of any inconsistencies or deficiencies noted during the inspection.
A.R.S. § 49-128 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 128
49-128 Emergency notification of reportable releases
Status: in_force

49-128. Emergency notification of reportable releases

A. If a reportable release of an extremely hazardous substance listed under section 49-126 occurs from a facility at which a hazardous chemical is produced, used or stored, the owner or operator of the facility, except as excluded under 40 Code of Federal Regulations sections 355.31 and 355.32, in addition to any other notification required by law or rule, shall immediately orally notify the community emergency coordinator for the local emergency planning committee for any area likely to be affected by the reportable release, the department and appropriate emergency responders designated by rule of the department, in the manner prescribed by rule of the department. Unless impracticable under the circumstances, this oral notification shall occur immediately after the facility emergency coordinator or the coordinator's designee has knowledge of the reportable release. The notice of the reportable release shall include the following to the extent known at the time of the notice and as long as no delay in responding to the emergency results:

1. The specific location of the release.

2. The chemical name or identity of substances released and a description of the container or vessel from which the release occurred.

3. An estimate of the quantity of substances that were released into the environment.

4. The time and duration of the release.

5. The medium or media into which the release occurred.

6. Any known or anticipated acute or chronic health risks associated with the release and, if within the informant's knowledge, advice regarding medical attention necessary for exposed individuals.

7. Proper precautions to take as a result of the release, including evacuation and other proposed response actions.

8. The name and telephone number of the person or persons to be contacted for further information.

B. Within thirty days after the reportable release, the owner or operator of a facility where a release occurred requiring notification pursuant to this section shall submit to the local emergency planning committee and to the department a written follow-up emergency notice stating and updating the information originally provided pursuant to subsection A of this section and including the following additional information:

1. Actions taken to respond to and contain the release.

2. Any known or anticipated acute or chronic health risks associated with the release.

3. If appropriate, advice regarding medical attention necessary for exposed individuals.

4. Measures that have been or will be taken at the facility to avoid a reoccurrence of similar releases.

C. After additional information becomes known, the owner or operator shall update the notice in writing within seven calendar days.
A.R.S. § 49-308 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 308
49-308 Enforcement
Status: in_force

49-308. Enforcement

A. Within ninety days after a pesticide that is listed pursuant to section 49-305 is found pursuant to section 49-307 under any of the conditions listed in paragraph 1, 2 or 3 of this subsection, the director shall determine whether the pesticide resulted from agricultural use according to state and federal laws and regulations and shall state in writing the reasons for the determination that:

1. An active ingredient of a pesticide has been found at or below the deepest of the following depths:

(a) Eight feet below the soil surface.

(b) Below the root zone of the crop where the active ingredient was found.

2. An active ingredient of a pesticide has been found in the groundwaters of this state.

3. The pesticide has degradation products or other specified ingredients which pose a threat to public health and which have been found under the conditions specified for active ingredients in either paragraph 1 or 2 of this subsection.

B. On a determination by the director that a pesticide meets any of the conditions specified in subsection A of this section as a result of agricultural use according to state and federal laws and regulations, the director shall immediately notify the registrant of the determination. A pesticide that meets any of the conditions in subsection A of this section is subject to section 49-309.

C. For the purposes of this section, any finding of a pesticide shall result from an analytical method approved by the United States environmental protection agency and shall be verified, within thirty days, by a second analytical laboratory approved by the director.

D. The point of compliance prescribed by section 49-244 does not apply to this section.
A.R.S. § 49-107 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 107
49-107 Local delegation of state authority
Status: in_force

49-107. Local delegation of state authority

A. The director may delegate to a local environmental agency, county health department, public health services district or municipality any functions, powers or duties which the director believes can be competently, efficiently and properly performed by the local agency if the local agency accepts the delegation and agrees to perform the delegated functions, powers and duties according to the standards of performance required by law and prescribed by the director.

B. Monies appropriated or otherwise made available to the department for distribution to local agencies may be allocated or reallocated in a manner designed to assure that the recognized local activities and the delegated functions, powers and duties are accomplished according to the applicable standards of performance.

C. The director may terminate, for cause, all or part of the delegation and reallocate all or part of any monies that may have been conditioned on the further performance of the delegated functions, powers and duties.
A.R.S. § 49-180 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 180
49-180 Modification of work plan
Status: in_force

49-180. Modification of work plan

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

B. Based upon the progress reports submitted by the applicant, the department may request an applicant to submit a proposed modification to the work plan pursuant to this section if the department determines that a modification is necessary in order to meet the remediation levels or objectives within the approved work plan and schedule, including any interim goals.  If the applicant objects to the requested modifications, the applicant may seek dispute resolution regarding the requested modifications pursuant to section 49-185, subsection B or C, or may withdraw from the program.  If the applicant does not make the modifications requested by the department, and if dispute resolution is not successful or if the applicant does not seek dispute resolution within the time period provided by section 49-185, subsection B or C, the department may terminate an applicant’s participation in the program pursuant to section 49-178.

C. Minor changes to the approved work plan that do not substantially change the scope, nature or duration of the work to be performed may be approved in writing by the department and are not subject to section 49-177. Minor changes include changes in the schedule for specific actions for good cause shown by the applicant as long as the overall duration of the tasks in the work plan are not substantially affected.
A.R.S. § 49-231 — Arizona Code / Title 49 / Chapter 2 / Article 2.1 / Section 231
49-231 Definitions
Status: in_force

49-231. Definitions

In this article, unless the context otherwise requires:

1. "Impaired water" means a protected surface water for which credible scientific data exists that satisfies the requirements of section 49-232, and that, in the case of WOTUS, demonstrates that the water should be identified pursuant to 33 United States Code section 1313(d) and the regulations implementing that statute.

2. "Surface water quality standard" means a standard adopted for a protected surface water pursuant to section 49-221 and, in the case of WOTUS, pursuant to section 49-222.

3. "TMDL implementation plan" means a written strategy to implement a total maximum daily load that is developed for an impaired water.  TMDL implementation plans may rely on any combination of the following components that the department determines will result in achieving and maintaining compliance with applicable surface water quality standards in the most cost-effective and equitable manner:

(a) Permit limitations.

(b) Best management practices.

(c) Education and outreach efforts.

(d) Technical assistance.

(e) Cooperative agreements, voluntary measures and incentive-based programs.

(f) Load reductions resulting from other legally required programs or activities.

(g) Land management programs.

(h) Pollution prevention planning, waste minimization or pollutant trading agreements.

(i) Other measures deemed appropriate by the department.

4. "Total maximum daily load" means an estimation of the total amount of a pollutant from all sources that may be added to a water while still allowing the water to achieve and maintain applicable surface water quality standards. Each total maximum daily load shall include allocations for sources that contribute the pollutant to the water. Total maximum daily loads for WOTUS shall meet the requirements of section 303(d) of the clean water act (33 United States Code section 1313(d)) and regulations implementing that statute to achieve applicable surface water quality standards. Total maximum daily loads for non-WOTUS protected surface waters shall not be subject to review, approval or enforcement by the United States environmental protection agency.
A.R.S. § 49-357 — Arizona Code / Title 49 / Chapter 2 / Article 9 / Section 357
49-357 Joint monitoring and testing
Status: in_force

49-357. Joint monitoring and testing

The department may allow water systems that are subject to this article to cooperate in testing for and monitoring water contaminants for compliance with this article if the director determines that the water systems are located in the same general area and that the area is hydrologically connected.
A.R.S. § 49-178 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 178
49-178 Termination and withdrawal
Status: in_force

49-178. Termination and withdrawal

A. An applicant may withdraw from the voluntary remediation program at any time.

B. After complying with subsection C of this section, the department may terminate an applicant’s participation in the voluntary remediation program if the applicant does any of the following:

1. Fails to submit a work plan pursuant to section 49-175 or a report pursuant to section 49-181 within a reasonable time period, whichever is applicable.

2. Fails to comply with the work plan requirements approved under section 49-177.

3. Fails to substantially comply with the schedule for completion submitted pursuant to section 49-175, subsection A, paragraphs 2 or 3 and approved pursuant to section 49-177.

4. Fails to reimburse the department for its costs as required by section 49-179.

5. Fails to modify the work plan pursuant to the department's request under section 49-180.

6. Fails to submit and obtain approval for phases of work or other tasks described in the work plan if such approval is a condition of the work plan.

7. Submits false information, misrepresents information or fails to disclose material information.

C. Before terminating an applicant’s participation in the voluntary remediation program for any reason pursuant to this section, the department shall send to the applicant a written notice of deficiency and shall provide the applicant a reasonable opportunity to correct the deficiency.  If the deficiency is not corrected within a reasonable time set by the department, the department may terminate an applicant’s participation in the program as provided in subsection B of this section.

D. If an approved application is terminated or withdrawn, the suspension of actions pursuant to section 49-177, subsection F is withdrawn.
A.R.S. § 49-241 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 241
49-241 Permit required to discharge
Status: in_force

49-241. Permit required to discharge

A. Unless otherwise provided by this article, any person who discharges or who owns or operates a facility that discharges shall obtain an aquifer protection permit from the director.

B. Unless exempted under section 49-250, or unless the director determines that the facility will be designed, constructed and operated so that there will be no migration of pollutants directly to the aquifer or to the vadose zone, the following are considered to be discharging facilities and shall be operated pursuant to either an individual permit or a general permit, including agricultural general permits, under this article:

1. Surface impoundments, including holding, storage settling, treatment or disposal pits, ponds and lagoons.

2. Solid waste disposal facilities except for mining overburden and wall rock that has not been and will not be subject to mine leaching operations.

3. Injection wells.

4. Land treatment facilities.

5. Facilities that add a pollutant to a salt dome formation, salt bed formation, dry well or underground cave or mine.

6. Mine tailings piles and ponds.

7. Mine leaching operations.

8. Underground water storage facilities.

9. Sewage treatment facilities, including on-site wastewater treatment facilities.

10. Wetlands designed and constructed to treat municipal and domestic wastewater for underground storage.

C. The director shall provide public notice and an opportunity for public comment on any request for a determination from the director under subsection B of this section that there will be no migration of pollutants from a facility. A public hearing may be held at the discretion of the director if sufficient public comment warrants a hearing. The director may inspect and may require reasonable conditions and appropriate monitoring and reporting requirements for a facility managing pollutants that are determined not to migrate under subsection B of this section.  The director may identify types of facilities, available technologies and technical criteria for facilities that will qualify for a determination. The director's determination may be revoked on evidence that pollutants have migrated from the facility.  The director may impose a review fee for a determination under subsection B of this section. Any issuance, denial or revocation of a determination may be appealed pursuant to section 49-323.

D. The director shall annually make the fee schedule for aquifer protection permit applications available to the public on request and on the department's website, and a list of the names and locations of the facilities that have filed applications for aquifer protection permits, with a description of the status of each application, is available to the public on request.

E. The director shall prescribe the procedures for aquifer protection permit applications and fee collection under this section. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this section in the water quality fee fund established by section 49-210 and may authorize expenditures from the fund, subject to legislative appropriation, to pay reasonable and necessary costs of processing and issuing permits and administering the registration program.
A.R.S. § 49-290.01 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 290.01
49-290.01 Applicability of requirements; Arizona department of water resources
Status: in_force

49-290.01. Applicability of requirements; Arizona department of water resources

A. Notwithstanding section 49-290, any person conducting a remedial action shall obtain and comply with applicable permits, approvals or other authorizations required by the department of water resources. On consultation with the director of environmental quality, the director of water resources may waive its applicable permits, approvals or authorizations if the director of water resources determines that the permit, approval or other authorization unreasonably limits the completion of a remedial action and if the waiver does not conflict with the statutory intent of the permit, approval or other authorization. The department of water resources shall expedite the processing and issuance of permits, approvals or authorizations to facilitate the prompt conduct of approved remedial actions. If the department of water resources fails to issue or deny a permit within one hundred twenty days of the date of receipt of a complete application for a permit, approval or authorization required for the remedial action or subsequent implementing work plan approved by the department, the department may authorize the party conducting the approved remedial action to proceed with that action and that person shall not be subject to any penalties for failure to obtain the permit, approval or authorization from the department of water resources, but shall be required to comply with the substantive requirements of such permit, approval or authorization. The determination of whether an application for a permit is complete shall be made by the department of water resources. The person conducting the approved remedial action who uses groundwater withdrawn in an active management area as part of an approved remedial action shall continue to pay the groundwater withdrawal fee for the groundwater the person withdrew and used or received and used.

B. The director of environmental quality and the director of water resources shall enter into a memorandum of understanding which establishes a procedure for expediting the review and issuance of permits issued under title 45 when the director of environmental quality has made a determination that a delay in the issuance of a permit required by title 45 will result in the continuance of an imminent and substantial endangerment to the public health or welfare or the environment.

C. The director of environmental quality and the director of water resources shall coordinate their efforts to expedite remedial actions, including obtaining information pertinent to site investigations, remedial investigations, site management and beneficial use of remediated water.

D. The director of water resources may waive any regulatory requirement adopted pursuant to title 45 with respect to a site or portion of a site as part of a record of decision adopted pursuant to section 49-287.04 for that site or portion of a site if the regulatory requirement conflicts with the implementation of the selected remedy, provided that the waiver does not result in adverse impacts to other land and water users. No waiver may be granted under this subsection if it is prohibited by federal law or if the waiver would jeopardize the continued delegation to the state of authority to implement a federal environmental program.
A.R.S. § 49-171 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 171
49-171 Definitions
Status: in_force

49-171. Definitions

In this article, unless the context otherwise requires:

1. "Characterization" means a process to determine the nature, degree and extent of contaminants at a site or a portion of a site.

2. "Contaminant" means any substance that has been released to the environment and that qualifies as any of the following:

(a) A hazardous substance as defined in section 49-201.

(b) A pollutant as defined in section 49-201.

3. "Engineering control" has the same meaning prescribed in section 49-151.

4. "Environmental claim" means a claim for defense or indemnity submitted under a general liability insurance policy by an insured in response to a claim of potential liability for bodily injury or property damage arising from a release of pollutants onto or into land, air or water.

5. "Institutional control" has the same meaning prescribed in section 49-151.

6. "Insured" means any person who is included as a named insured on a general liability insurance policy and who has or had a property interest in a site in this state that involves an environmental claim.

7. "Person" has the same meaning prescribed in section 49-201.

8. "Remediation" means action taken to address a contaminant by reducing the level of the contaminant in the environment or preventing or reducing exposure to the contaminant.

9. "Site" means the areal extent of contamination.

10. "Source" means a site or portion of a site where a contaminant is or may be released to waters of the state.

11. "Waters of the state" has the same meaning prescribed in section 49-201.
A.R.S. § 49-106 — Arizona Code / Title 49 / Chapter 1 / Article 1 / Section 106
49-106 Statewide application of rules
Status: in_force

49-106. Statewide application of rules

The rules adopted by the department apply and shall be observed throughout this state, or as provided by their terms, and the appropriate local officer, council or board shall enforce them. This section does not limit the authority of local governing bodies to adopt ordinances and rules within their respective jurisdictions if those ordinances and rules do not conflict with state law and are equal to or more restrictive than the rules of the department, but this section does not grant local governing bodies any authority not otherwise provided by separate state law.
A.R.S. § 49-184 — Arizona Code / Title 49 / Chapter 1 / Article 5 / Section 184
49-184 Reservation of rights
Status: in_force

49-184. Reservation of rights

A. Nothing in this article may be construed to abridge or alter any right a person may have to engage in remedial action pursuant to other provisions of this title or any other provisions of statutory or common law.

B. Nothing in this article may be construed to abridge or alter the department's authority to recover penalties or to take any action authorized by law for any violation of this title, except that the department shall not take an action to compel remedial action or corrective action that is the subject of an application approved pursuant to this article unless the approval is withdrawn or terminated pursuant to section 49-178.

C. Unless a remedy is selected in accordance with the rules adopted pursuant to section 49-282.06, the affirmative defense under section 49-262, subsection F applies only to the site or portion of the site where remediation is or will be conducted pursuant to a work plan approved pursuant to this article.
A.R.S. § 49-133 — Arizona Code / Title 49 / Chapter 1 / Article 2 / Section 133
49-133 Emergency response; immunity
Status: in_force

49-133. Emergency response; immunity

A licensed, certified or authorized emergency responder and its employees at the scene of an emergency, when the emergency response is provided in good faith, have the immunities provided in section 26-314 in carrying out the provisions of this article. The immunities provided by section 26-314 also apply to governmental entities, multi-jurisdictional planning organizations that encompass each district, members of each local emergency planning committee and their support personnel in carrying out the provisions of this article.
A.R.S. § 49-233 — Arizona Code / Title 49 / Chapter 2 / Article 2.1 / Section 233
49-233 Priority ranking and schedule
Status: in_force

49-233. Priority ranking and schedule

A. Each list developed by the department pursuant to section 49-232 shall contain a priority ranking of WOTUS identified as impaired and for which total maximum daily loads are required pursuant to section 49-234 and a schedule for the development of all required total maximum daily loads.

B. In the first list submitted to the United States environmental protection agency after July 18, 2000, the schedule shall be sufficient to ensure that all required total maximum daily loads will be developed within fifteen years after the date the list is approved by the environmental protection agency. Total maximum daily loads that are required to be developed for WOTUS that are included for the first time on subsequent lists shall be developed within fifteen years of the initial inclusion of the water on the list.

C. As part of the rulemaking prescribed by section 49-232, subsection D, the department shall identify the factors that it will use to prioritize WOTUS that require development of total maximum daily loads.  At a minimum and to the extent relevant data is available, the department shall consider the following factors in prioritizing WOTUS for development of total maximum daily loads:

1. The designated uses of the WOTUS.

2. The type and extent of risk from the impairment to human health or aquatic life.

3. The degree of public interest and support, or its lack.

4. The nature of the WOTUS, including whether it is an ephemeral, intermittent or effluent-dependent water.

5. The pollutants causing the impairment.

6. The severity, magnitude and duration of the violation of the applicable surface water quality standard.

7. The seasonal variation caused by natural events such as storms or weather patterns.

8. Existing treatment levels and management practices.

9. The availability of effective and economically feasible treatment techniques, management practices or other pollutant loading reduction measures.

10. The recreational and economic importance of the water.

11. The extent to which the impairment is caused by discharges or activities that have ceased.

12. The extent to which natural sources contribute to the impairment.

13. Whether the water is accorded special protection under federal or state water quality law.

14. Whether action that is taken or that is likely to be taken under other programs, including voluntary programs, is likely to make significant progress toward achieving applicable standards even if a total maximum daily load is not developed.

15. The time expected to be required to achieve compliance with applicable surface water quality standards.

16. The availability of documented, effective analytical tools for developing a total maximum daily load for the water with reasonable accuracy.

17. Department resources and programmatic needs.
A.R.S. § 49-283.02 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 283.02
49-283.02 Petroleum liability
Status: in_force

49-283.02. Petroleum liability

A release of petroleum or a constituent of petroleum, as defined in section 49-1001, that is a hazardous substance, as defined in section 49-201, shall be subject to the remedial and liability provisions of this article if the release is not otherwise subject to the corrective or remedial action provisions of section 49-1005, chapter 5 of this title or subchapter III of the federal act defined in section 49-921 (42 United States Code sections 6921 through 6939e), and the release has migrated in groundwater beyond the boundary of the property on which the release occurred.
A.R.S. § 49-322 — Arizona Code / Title 49 / Chapter 2 / Article 7 / Section 322
49-322 Water quality appeals board
Status: in_force

49-322. Water quality appeals board

A. A water quality appeals board is established in the department of administration consisting of three members appointed by the governor pursuant to section 38-211 to terms of three years. One member of the board shall be an attorney licensed to practice law in this state, and all members shall possess technical competence to perform the duties of the board. Board members are entitled to compensation determined under section 38-611.

B. Members of the board are subject to title 38, chapter 3, article 8 and shall not receive a significant portion of their income directly or indirectly from persons subject to individual permits or enforcement orders under this chapter. In addition, the members shall not have been employed by such persons, other than state agencies, within two years before appointment and may not be employed by such persons, other than state agencies, within two years after their appointment expires. For purposes of this subsection "significant portion of income" means ten per cent or more of gross personal income for a calendar year or fifty per cent or more of gross personal income for a calendar year if the recipient is over sixty years of age and is receiving that portion under retirement, pension or similar benefits.

C. The board may employ a staff. The real party in interest shall represent the board in any appeals from decisions of the board.

D.  The board shall adopt rules of procedure to govern the conduct of hearings before the board.
A.R.S. § 49-301 — Arizona Code / Title 49 / Chapter 2 / Article 6 / Section 301
49-301 Definitions
Status: in_force

49-301. Definitions

In this article, unless the context otherwise requires:

1. "Active ingredient" has the meaning assigned to the term by title 7 United States Code section 136.

2. "Applicant" means any person who applies for a registration or amended registration pursuant to title 3, chapter 2, article 5 or a conditional registration pursuant to section 49-310.

3. "Chemigation" means a method of irrigation by which a pesticide is mixed with irrigation water before the water is applied to the crop or the soil.

4. "Degradation product" means a substance resulting from the transformation of a pesticide by physicochemical or biochemical means.

5. "Groundwater protection data gap" means that a pesticide for agricultural use has been registered with the Arizona department of agriculture without the director of environmental quality finding that the information submitted pursuant to section 49-302 meets the requirements of this article.

6. "Henry's law constant" means an indicator of the escaping tendency of dilute solutes from water which is approximated by the ratio of the vapor pressure to the water solubility at the same temperature.

7. "New pesticide" means a pesticide that contains an active ingredient for which the information required under section 49-302, subsection A has not been submitted by the applicant for registration and that has not been approved by the director of environmental quality.

8. "Pesticide" means any substance or mixture of substances intended for either:

(a) Preventing, destroying, repelling or mitigating any pest.

(b) Use as a plant regulator, defoliant or desiccant.

9. "Pollution" means the introduction into the groundwaters of this state of an active ingredient, other specified product or degradation product of an active ingredient at above a level, with an adequate margin of safety, that does not cause adverse effects on human health or safety.

10. "Registrant" means a person that has registered a pesticide pursuant to title 3, chapter 2, article 5.

11. "Soil adsorption coefficient" means a measure of the tendency of a pesticide, or its biologically active transformation products, to bond to the surfaces of soil particles.
A.R.S. § 49-289.02 — Arizona Code / Title 49 / Chapter 2 / Article 5 / Section 289.02
49-289.02 Community information; public notice and comment
Status: in_force

49-289.02. Community information; public notice and comment

A. The director shall establish a preliminary community involvement area for each site on the registry established pursuant to section 49-287.01, subsection D, within ninety days after the site is entered into the registry.

B. The director shall provide written notice by mail or other delivery to residents, commercial occupants and owners of wells operated pursuant to groundwater withdrawal rights or permits within a preliminary community involvement area. If two or more community involvement areas are adjacent or overlapping, the director may make a single notice to avoid duplicate notice. This notice shall contain an opportunity for the recipient to elect to be added to the site's mailing list and to identify other persons who should receive similar notice. This notice also shall contain:

1. Available information regarding the hazardous substance contamination in the area.

2. The site's score and a brief statement regarding the actual and potential risk and routes of exposure to the contaminants at the site and the possible health impacts of that exposure, if any.

3. Identification of department personnel to be contacted for further information regarding the site.
A.R.S. § 49-249 — Arizona Code / Title 49 / Chapter 2 / Article 3 / Section 249
49-249 Aquifer pollution information
Status: in_force

49-249. Aquifer pollution information

The director shall make available to the public upon request and on the agency's web site every five years the levels of pollutants in aquifers in this state and the effects of regulation under this chapter in general and best management practices in particular on controlling or reducing pollution in aquifers.