ENCLOSURE 1 

Arizona Revised Statutes 55 49-104,49-404 and 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 implement this title to protect the environment. 

2. Stimulate and encourage all local, state, regional and federal governmental agencies and all private 

persons and enterprises that have similar and related 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 initiative or at the request of the governor, the legislature or state or local 

agencies pertaining to any department objectives. 

4. Provide information and advice on request of any local, state or federal agencies and private persons and 

business enterprises on matters within the scope of the department. 

5. Consult with and make recommendations to the governor and the legislature on all matters concerning 

department objectives. 

6. Promote and coordinate the management of air resources to assure their 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 minimizes the effects of 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 related to 

particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids in accordance with 

article 3 of this chapter and chapters 2 and 3 of this title. 

11. Promote and recommend methods for the recovery, recycling and reuse or, if recycling is not possible, 

the disposal of solid wastes consistent with sound health, scenic and environmental quality policies. 

12. Prevent pollution through the regulation of the storage, handling and transportation 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 in the state civil defense program and develop the necessary organization and facilities to 

meet wartime or other disasters. 

16. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at 

universities in this state to collect data and conduct projects in the United States and Mexico on issues that 

are within the scope of the department's duties and that relate to quality of life, trade and economic 

development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance 

the economic competitiveness of this state and of the Arizona-Mexico region. 

8. The department, through the director, shall: 

1. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to 

enable the department to adequately perform its duties. 

2. Contract and incur obligations reasonably necessary or desirable within the general scope of department 

activities and operations to enable the department to adequately perform its duties. 

3. Utilize any medium of 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, but that are 

not inconsistent with other provisions of this title. 

5. Contract with other agencies including laboratories in furthering any department program. 

6. Use monies, facilities or services to provide matching contributions under federal or other programs that 

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 programs that are 

consistent with the general purposes and objectives of this chapter. Monies received pursuant to this 

paragraph shall be deposited in the department fund corresponding to the service, publication or program 

provided. 

8. Provide for the examination of any premises if the director has reasonable cause to 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 representative to accompany the director on an examination of 

those premises. Within forty-five days after the date of the examination, the department shall provide to the 

owner or operator a copy of any report produced as a result of any examination of the premises. 

9. Supervise sanitary engineering facilities and projects in this state, authority for which is vested in the 

department, and own or lease land on which sanitary engineering facilities are located, and operate the 

facilities, if the director determines that owning, leasing or operating is necessary for the public health, 

safety or welfare. 

10. Adopt and enforce rules relating to approving design documents for constructing, improving and 

operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter. 

11. Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and 

garbage collection and disposal for subdivisions. The rules shall: 

(a) Provide for minimum sanitary facilities to be installed in the subdivision and may require that water 

systems plan for future needs and be of adequate size and capacity to deliver specified minimum quantities 

of drinking water and to treat all sewage. 

(b) Provide that the design documents showing or describing the water supply, sewage disposal and garbage 

collection facilities be submitted with a fee to the 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 of the 

design documents by the department. 

12. Prescribe reasonably necessary measures to prevent pollution of water used in public or semipublic 

swimming pools and bathing places and to prevent deleterious conditions at such places. The rules shall 

prescribe minimum standards for the design of and for sanitary conditions at any 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 of the 

department of health services pursuant to 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 borne diseases. 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) Require that design documents for 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 to the department and may require that the 

design documents anticipate and provide for 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 treatment facility 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 provide for inspection of premises, processes and vehicles and for abating as public 

nuisances any premises, processes or vehicles that do not comply with the minimum standards. 

(b) Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other 

treatment processes shall be licensed by the department subject to compliance with the rules. 

15. Perform the responsibilities of implementing and maintaining a data automation management system to 

support the reporting requirements of title I11 of the superfund amendments and reauthorization act of 1986 

(P.L. 99-499) and title 26, chapter 2, article 3. 

16. Approve remediation levels pursuant to article 4 of this chapter. 

C. The department may charge fees to cover the costs of all permits and 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 the fees. Monies collected pursuant to this subsection shall be deposited in the 

water quality fee fund established by section 49-210. 

D. The director may: 

1. If he has reasonable cause to 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 disinfect the 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 required to do 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 procedures for adoption of revisions to the state 

implementation plan. 

C. The state implementation plan and all revisions adopted before September 30, 1992 remain in effect 

according to their terms, except to the extent otherwise provided by the clean air act, inconsistent with any 

provision of the clean air act, or revised by the administrator. No control requirement in effect, or required to 

be adopted by an order, settlement agreement or plan in effect, 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 in any manner unless the modification insures equivalent or greater emission reductions of the air 

pollutant. The director shall evaluate and adopt revisions to the 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 to conduct the continuing, cooperative and 

comprehensive transportation planning process for that area under 23 United States Code section 134 as 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 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 of 

transportation shall, by November 15, 1992, and from time to time as necessary, jointly review and update 

planning procedures or develop new procedures. 

D. In preparing the procedures described in subsection C of this section, 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 of transportation 

shall determine which elements of each revised implementation plan will be developed, adopted, and 

implemented, through means including enforcement, by the 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 of transportation 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 responsibilities for development of nonattainment or 

maintenance area plans or plan revisions and for determining reasonable further progress. 

3. Assurances for adequate plan implementation. 

4. Procedures and responsibilities for tracking plan implementation. 

5. Responsibilities for preparing demographic projections including land use, housing, and employment. 

6. Coordination with transportation programs. 

7. Procedures and 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. Provisions for the timely 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 in the implementation plan shall describe that commitment in a resolution adopted by 

the appropriate governing body of the agency. The resolution shall specify the following: 

1. Its authority for implementing the limitation or measure as provided in statute, 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 of the 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 transmitted to the department for inclusion in the state implementation plan provided for under section 

49-404. 

I. After adoption of a nonattainment or maintenance area plan, if on the basis of the reasonable further 

progress determination described in subsection F of this section or other information, the control officer 

determines that any person has failed to implement an emission limitation or other control measure, means 

or technique as described in the resolution adopted pursuant to subsection G of this section, the control 

officer shall issue a written finding to the person, and shall provide an opportunity to confer. If the control 

officer subsequently determines that the failure has not been corrected, the county attorney, at the request 

of the control officer, shall file an action in superior court for a preliminary injunction, a permanent 

injunction, or any other relief provided by law. 

1. After adoption of a nonattainment or maintenance area plan, if, on the basis of the reasonable further 

progress determination described in subsection F of this section or other information, the director determines 

that any person has failed to implement an emission limitation or other control measure, means or technique 

as described in the resolution adopted pursuant to subsection G of this section, and that the control officer 

has failed to act pursuant to subsection I of this section, the director shall issue a written finding to the 

person and shall provide an opportunity to confer. If the director subsequently determines that the failure 

has not been corrected, the attorney general, at the request of the director, shall file an action in superior 

court for a preliminary injunction, a permanent injunction, or any other relief provided by law. 

K. Notwithstanding subsections A and B of this section, in any metropolitan area with a metropolitan 

statistical area population of less than two hundred fifty thousand persons, the governor shall designate an 

agency that meets the criteria of section 174 of the clean air act and that is recommended by the 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 

plan for that area.