ENCLOSURE 1

Arizona Revised Statutes

§~ 49-104, 49-404, 49-406
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49-104. Powers and duties of the~de~artment and director

A. The department shall: -

1. Formulate policies, plans and programs to implement this title to protect the

environment. V 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,

pers.ons and enterprises. V 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. V

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

matters concerning department objectives. V 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. .V

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. V•

9. Assure the preservation and enhancement of natural beauty ahd man-made scenic

qualities. - V V V 10. Provide forthe 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. V 11. Promote and recommend methods for the recovery, recycling and reuse or, if

recycling is not possible, Vthe disposal of solid, wastes consistent with sound health

scenic and environmental quality policies. Beginning in 2014, the department sha(l

report annually on its revenues and expenditures relating to the solid and hazardous

waste programs overseen or administered by the department.

12. Prevent pollution through the regulation of the storage, handling and V

transportation of solids, liquids and gases that may cause or.contribute to pollution. V 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 cornn-iission 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 inthis 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. V

17. Unless specifically authorized by the legislature, ensure that state laws, rules,

standards, permits, variances and orders are adopted and construed to be consistent

with and no more stringent than the corresponding federal law that addresses the

same subject matter; This provision shall not be construed to adversely affect

standards adopted by an Indian tribe under federal law.

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B. The department, through the directo,’ shall:

1. Contract forthe services of outside advisers, consultants and aides r,easonably.

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. V 3. Utilize any medium of communication, publication and exhibition when

disseminating information, 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. V V 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 publicor private

agencies or private persons and enterprises for department services and. publications

and to conduct programs that~are consistent with the general purposes and oblectives

of this chapter; Monies received pursuant tothis paragraph shall be deposited6in’the’

department fund correspo’nding 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. V , V V 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 V solid, liquid or gaseOus deleterious matter. V 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 totreat 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 bYV approval of the

design documents by the department. V ‘ V 12. Prescribe reasonably necessary measures to prevent pollution’ of water used in

public or semipublic swimming poois 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. V ‘

13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and

reclamation systems to prevent the transmission of sewage borne or insect borneV

diseases. The rules shall: V ‘ V V.’ V V (a) Prescribe minimum.standards for the design of sewage colle~tion systems and

treatment, disposal ahd 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 with the minimum standards.

Cc) 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: V (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

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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. The department may require payment of a fee as a

condition of licensure. After the effective date of this amendment to this section, the

department shall establish by rule a fee as a condition of licensure, includin9 a

maximum fee. As part of the rule making process, there must be public notice and

comment and a review of the rule by the joint legislative budget committee. After

September 30, 2013, the department shall not increase that fee by rule without

specific statutory authority for the increase. The fees shall be deposited, pursuant to

sections 35-146 and 35-147, in the solid waste fee fund established by section 49-

881.

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

management system to support the reporting requirements of title III 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.

17. Estäblish’or revise fees~by rule pursuantto the authority granted under title 44,

chapter 9, article 8 and.chapters 4 and 5 of this~title.forVthé department to adequately

perform its duties. All fees shall be fairly assessed and inipose the least burden and

cost to the parties subject to the fees. rn establishing or revising fees, the department

shall base the fees on: V (a) The direct and indirect costs of the department’s relevant duties, including

employees salaries, and benefits, professional, and outside services, equipment, in

state travel and other necessary operational expenses directly related to issuing

licenses as defined in title 41, chapter 6 and enforcing the requirements of the

applicable regulatory program. V V b) The availability of other funds for the duties performed.

c) The impact of the fees on the parties subject to the fees. V d) The fees charged for similar duties performed by the department, other agencies

and the private sector. V V C. The department may: V , V 1. Charge fees to cover the costs of all permits and inspections it performs to ensure

compliance with rules adopted under sectidn 49-203, except that state agencies are

V exempt from paying the fees. Monies collected pursuant to this subsection shall be

deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund

established by section 49-210. V 2. Contract with private consultants for the purposes of assisting the department in

reviewing applications for licenses, permits or other authorizations to determine V whether an applicant meets the criteria for issuance of the license, permit or other

authorization. If the department contracts with a consultant under this paragraph, an

applicant may request that the department expedite the application review by

requesting that the department use the services of the consultant and by agreeing to

pay the department the costs of the consultant’s services. Notwithstanding any other

law, monies paid by applicants for expedited reviews pursuant to this paragraph are

appropriated to the department for use in paying consultants for services.

D. The director may:

1. If the director 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. V

2007 Arizona State I. - isiature. po’~y ~I~ent

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49-404. State implementation plan

A. The director shall maintain.a state implementation plan that provides for

implementation, maintenance and enforcement of national ambient air quality

standards.änd 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, incohsistent 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. Nonattainment area DIan

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.~ V V B. For any ozone, carbon monoxide or particulatenonattainment 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. V V 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. V 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, throu9h 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. V 3. Assurances for adequate plan implementation. V 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. V 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.

Each agency that commits to implement any emission limitation or other control

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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

otherinformation, the control officer determines that any person has failed to

implement an emission limitation~oi othe,r c~ntrol measure, means or technique as

described in the resolution adopted ~Lirsuant to subsection G of this section, the

control officer shall issue a written finding to the person, and shall provide an

o~portunity 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.

J. 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 determinesthat any person has failed to implement an

emission limitation or other control measure, means or technique as described in the

resolution adopted pursuant to subsectionG 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 c(ean air act and that is recommended by.the city that causesthe 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.

-2007 Arizona State Le.isiature.

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