## ENCLOSURE 1

Arizona Revised Statutes

# 5549-104,49-404and 49-406

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49-104. Powers and

### dutiest!xs$e@x&mentanddirear A. The department shall: 1. Formulate policies, plans and programs to implementthis title to protect the environment. 2. Stimulate and encourage all local, state, regional and federal governmentalagencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises. 3. Conduct research on its own initiativeor atthe request of the governor, the legislature or state or local agencies pertainingto any department objectives. 4. Provide information and advice on request of any local, state orfederal agencies and private persons and business enterprises on matters within the scope ofthe department. 5. Consult with and make recommendationstothe governor andthe legislature on all matters concerning department objectives. 6. Promote and coordinate the management of air resources toassuretheir protection, enhancement and balanced utilization consistent with the environmental policy of this state. 

### 7. Promote and coordinate the protection and enhancement of the quality of water resources consistent with the environmental policy of this state. 8. Encourage industrial, commercial, residential and community development that maximizes environmental benefits and minimizesthe effectsof less desirable environmental conditions. 9. Assure the preservation and enhancement of natural beauty and man-made scenic qualities. 10. Provide for the prevention and abatement of all water and air pollution including that relatedto particulates, gases, dust, vapors, noise, radiation, odor, nutrientsand heated liquids in accordance with article 3 of this chapter and chapters 2 and 3 of thistitle. 11. Promote and recommend methodsforthe recovery, recycling and reuse or, if recycling is not possible, the disposal of solid wastes consistentwith sound health, scenic and environmental quality policies. 12. Prevent pollution through the regulation of the storage, handling andtransportation of solids, liquids and gases that may cause or contribute to pollution. 13. Promote the restoration and reclamation of degraded or despoiled areas and natural resources. 14. Assist the department of health services in recruiting and training state, local and district health department personnel. 15. Participate inthestate civil defense program and develop the necessary organization and facilities to meet wartime or other disasters. 16. Cooperate with theArizona-Mexico commission in the governor's office andwith researchers at universities in this stateto collect data and conduct projects inthe United States and Mexico on issuesthat

are within the scope of the department's duties andthat relatetoquality of life, trade and economic development in this state in a mannerthat will helptheArizona-Mexico commissiontoassess and enhance the economic competitiveness of this state and of theArizona-Mexico region. 8.The department, through the director, shall: 1. Contractfor the services of outside advisers, consultants and aides reasonably necessary or desirable to enablethedepartment toadequately perform its duties. 2. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operationsto enable the department to adequately perform itsduties. 3. Utilize any mediumof communication, publication and exhibition when disseminating information,

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advertising and publicity in any field of its purposes, objectives or duties. 4. Adopt procedural rules that are necessary to implement the authority granted under this title, butthat are not inconsistent with other provisions of this title. 

### 5. Contractwith other agencies including laboratories in furthering any department program. 6. Use monies, facilities or services to provide matching contributions underfederal or other programsthat further the objectives and programs of the department. 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for department services and publications and to conduct programsthat are consistent with the general purposes and objectives of this chapter. Monies received pursuant tothis paragraph shall be deposited inthe department fund corresponding tothe service, publication or program provided. 8. Provide for the examination of any premises ifthe director has reasonable causeto believe that a violation of any environmental law or rule exists or is being committed on the premises. The director shall give the owner or operator the opportunity for its representativeto accompany the director on an examination of those premises. Within forty-five days after the date of the examination, the department shall providetothe

owner or operator a copy of any report produced as a result of any examination ofthe premises. 9. Supervise sanitary engineeringfacilities and projects in this state, authority for which isvested inthe department, and own or lease land on which sanitary engineering facilities are located, and operate the facilities, ifthe director determinesthat owning, leasing or operating is necessary for the public health, safety or welfare. 10. Adopt and enforce rules relating toapproving design documents for constructing, improving and operating sanitary engineering and other facilities for disposing of solid, liquid orgaseous deleterious matter. 11. Define and prescribe reasonably necessary rules regardingthe water supply, sewage disposal and garbage collection and disposal for subdivisions. The rules shall: (a) Provide for minimum sanitary facilities to be installed inthe subdivision and may requirethat water systems planfor future needs and be of adequate size and capacity todeliver specified minimum quantities of drinking water andtotreat all sewage. (b) Provide that the design documents showing or describing the water supply, sewage disposal and garbage collection facilities be submittedwith a fee tothe department for review and that no lots in any subdivision be offered for sale before compliance with the standards and rules has been demonstrated by approval ofthe design documents by the department. 12. Prescribe reasonably necessary measures to prevent pollution ofwater used in public or semipublic swimming pools and bathing places andtoprevent deleterious conditions atsuch places. The rules shall prescribe minimum standards for the design of and for sanitary conditions atany public or semipublic swimming pool or bathing place and provide for abatement as public nuisances of premises and facilities that do not comply with the minimum standards. The rules shall be developed in cooperation with the director of the department of health services and shall be consistent with the rules adopted by the director ofthe department of health services pursuantto section 36-136, subsection H, paragraph 10. 13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent the transmission of sewage borne or insect bornediseases. The rules shall: (a) Prescribe minimum standards for the design of sewage collection systems and treatment, disposal and reclamation systems and for operating the systems. (b) Provide for inspecting the premises, systems and installations and for abating as a public nuisance any collection system, process, treatment plant, disposal system or reclamation system that does not comply

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with the minimum standards. (c) Requirethat design documentsfor all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation systems be submitted with a fee for review tothedepartment and may requirethat the design documents anticipate and providefor future sewage treatment needs. (d) Require that construction, reconstruction, installation or initiation of any sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on-site wastewater treatmentfacility or reclamation system conform with applicable requirements. 14. Prescribe reasonably necessary rules regarding excreta storage, handling, treatment, transportation and disposal. The rules shall: (a) Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall providefor inspection of premises, processesand vehicles and for abating as public nuisances any premises, processes or vehicles that do notcomply with the minimum standards. (b) Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processesshall be licensed by the department subject tocompliance with the rules. 15. Perform the responsibilities of implementing and maintaining a data automation management system to support the reporting requirements of title I11ofthesuperfund amendments and reauthorization act of 1986 (P.L. 99-499) and title 26, chapter 2, article 3. 16. Approve remediation levels pursuanttoarticle 4 of this chapter. C. The department may charge fees to cover the costs of all permitsand inspections it performs to insure compliance with rules adopted under section 49-203, subsection A, paragraph 6, except that state agencies are exempt from paying thefees. Monies collected pursuanttothis subsection shall be deposited inthe water quality fee fund established by section 49-210. D. The director may: 1. Ifhe has reasonable causeto believe that a violation of any environmental law or rule exists or is being committed, inspect any person or property in transit through this state and any vehicle in which the person or property is being transported and detain or disinfectthe person, property or vehicle as reasonably necessary to protect the environment if a violation exists. 2. Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or requiredtodo by law.

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49-404. Stateimqhementation plan A. The director shall maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection of visibility as required by the clean air act. B. The director may adopt rules that describe proceduresfor adoption of revisionstothe state implementation plan. C. The state implementation plan and all revisions adopted before September 30, 1992 remain in effect according totheir terms, except tothe extent otherwise provided by the clean air act, inconsistent with any provision ofthe clean air act, or revised by the administrator. No control requirement in effect, or requiredto be adopted by an order, settlement agreement or plan ineffect, before the enactment of the clean air act in any area which is a nonattainment or maintenance area for any air pollutant may be modified after enactment inany manner unless the modification insures equivalent or greater emission reductions of the air pollutant. The director shall evaluate and adopt revisionstothe plan in conformity with federal regulations and guidelines promulgated by the administrator for those purposes until the rules required by subsection B are effective.

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49-406. Nonttainment.areaglan A. For any ozone, carbon monoxide or particulate nonattainment or maintenance area the governor shall certify the metropolitan planning organization designated toconduct the continuing, cooperative and comprehensive transportation planning processfor that area under 23 UnitedStates Code section 134as the agency responsible for the development of a nonattainment or maintenance area plan for that area. B. For any ozone, carbon monoxide or particulate nonattainment or maintenance area for which no metropolitan planning organization exists, the department shall be certified as the agency responsible for development of a nonattainment or maintenance area plan for that area. C. For any ozone, carbon monoxide or particulate nonattainment or maintenance area, the department, the planning agency certified pursuantto subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of transportation shall, by November 15, 1992, and from time to time as necessary, jointly review and update planning proceduresor develop new procedures. D. Inpreparing the procedures described in subsection Cof this section, the department, the planning agency certified pursuant tosubsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of transportation shall determine which elements of each revised implementation plan will be developed, adopted, and implemented, through means including enforcement, bythe state and which by local governments or regional agencies, or any combination of local governments, regional agencies or the state. E. The department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department oftransportation shall enter into a memorandum of agreement for the purpose of coordinating the implementation of the procedures described in subsection C and D of this section. F. At a minimum, the memorandum of agreement shall contain: 1.The relevant responsibilities and authorities of each of the coordinating agencies. 2. As appropriate, procedures, schedules and responsibilitiesfor developmentof nonattainment or maintenance area plans or plan revisions and for determining reasonable further progress. 3. Assurancesfor adequate plan implementation. 4. Procedures and responsibilitiesfor tracking plan implementation. 5. Responsibilities for preparing demographic projections including land use, housing, and employment. 6. Coordination with transportation programs. 7. Proceduresand responsibilities for adoption of control measures and emissions limitations. 8. Responsibilities for collecting air quality, transportation and emissions data. 9. Responsibility for conducting air quality modeling. 10. Responsibility for administering and enforcing stationary source controls. 11. Provisionsfor thetimely and periodic sharing of all data and information among the signatories relating to

### : (a) Demographics. (b) Transportation. (c) Emissions inventories. (d) Assumptions used in developing the model. (e) Results of modeling done in support of the plan. 

### (f) Monitoring data.

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G. Each agency that commits to implement any emission limitation or other control measure, means or technique contained inthe implementation plan shall describe that commitment in a resolution adopted by the appropriate governing body of the agency. The resolution shall specify thefollowing: 1. Itsauthority for implementingthe limitation or measure as provided instatute, ordinance or rule. 

### 2.A program for the enforcement of the limitation or measure. 3. The level of personnel and funding allocated to the implementation ofthe measure. H. The state, in accordance with the rules adopted pursuant to section 49-404, and the governing body of the metropolitan planning organization shall adopt each nonattainment or maintenance area plan developed by a certified metropolitan planning organization. The adopted nonattainment or maintenance area plan shall be transmittedtothe department for inclusion inthe state implementation plan provided for under section 49-404. I.

After adoption of a nonattainment or maintenance area plan, ifon the basis ofthe reasonable further progress determination described in subsection F of this section or other information, the control officer determines that any person hasfailed to implement an emission limitation or other control measure, means

or technique as described inthe resolution adopted pursuant tosubsection G of this section, the control officer shall issue a written finding tothe person, and shall provide an opportunity to confer. Ifthe control officer subsequently determinesthat the failure has not been corrected, the county attorney, atthe request of the control officer, shall file an action insuperior court for a preliminary injunction, a permanent injunction, or any other relief provided by law. 1. After adoption ofa nonattainment or maintenance area plan, if, on the basis of the reasonable further progress determination described in subsection Fofthis section or other information, the director determines that any person hasfailed to implement an emission limitation or other control measure, meansortechnique

as described inthe resolution adopted pursuant to subsection G of this section, and that the control officer hasfailed to act pursuanttosubsection I ofthis section, the director shall issuea written finding tothe person and shall provide an opportunity to confer. Ifthe director subsequently determines that thefailure has not been corrected, the attorney general, at the request of the director, shall file an action insuperior courtfor a preliminary injunction, a permanent injunction, or any other relief provided by law. K. Notwithstanding subsections A and B ofthis section, in any metropolitan area with a metropolitan statistical area population of lessthan two hundredfifty thousand persons, the governor shall designate an agency that meets the criteria ofsection 174 ofthe clean air act and that is recommended bythe city that

causes the metropolitan area to exist and the affected county. That agency shall prepare and adopt the nonattainment or maintenance area plan. If the governor does not designate an agency, the department shall be certified as the agency responsible for the development of a nonattainment or maintenance area planfor that area.