## ENCLOSURE 1

Arizona Revised Statutes 

# §~ 49-104, 49-404,49-406(Thispage is intentionallyblank.)JLBC



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Fifty-first Legislature

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ARS TITLE PAGE NEXT DOCUMENT PREViOUS DOCUMENT 49-104. Powers and duties ofthe~de~artment and director A. The department shall:

- 1. Formulate policies, plans and programs to implement this title to protectthe environment. V 2. Stimulate and encourage all local state, regional and federal governmental agencies and all private persons and enterprisesthat have similarand related objectives and purposes, cooperate.with those agencies, persons and enterprises and correlate department plans, programs and operations with those ofthe agencies, pers.ons and enterprises. V 3. Conduct research on its own initiative or atthe request ofthe governor, the legislature orstate or local agencies pertaining to any department objectives. 4. Provide information and advice on request ofany local, state orfederal agencies and private persons and business enterprises on matters within the scope ofthe 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 ofair resources to assure their protection; enhancement and balanced utilization consistent with the environmental policy ofthis state. .V 7. Promote and coordinate the protection and enhancement of.the quality ofwater resources consistent with the environmental policy ofthis state. 8. Encourage industrial, commercial, residential and community developmentthat 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 ofall water and air pollution including that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids in accordance with article 3.ofthis chapter and chapters 2 and 3 ofthis title. V 11. Promote and recommend methods forthe recovery, recycling and reuse or, if recycling is not possible, Vthe disposal ofsolid,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 oradministered bythe department. 12. Prevent pollution through the regulation ofthe storage, handling and V transportation ofsolids, liquids and gases that may cause or.contribute to pollution. V 13. Promote the restoration and reclamation ofdegraded ordespoiled areas and natural resources. 14. Assistthe-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 otherdisasters. 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 ofthe department’s duties and that relate to quality of life, trade and economic development inthis state in a mannerthat will help the Arizona-Mexico commission to assess and enhance the economic competitiveness ofthis state and ofthe 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 addressesthe same subject matter; This provision shall not be construed to adversely affect standards adopted by an Indian tribe underfederal law.



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B. The department, through the directo,’shall: 1. Contract forthe services ofoutside advisers, consultants and aides r,easonably. necessary or desirable to enable the department to adequately perform its duties. 2. Contract and incurobligations reasonably necessary ordesirable within the general scope ofdepartment activities and operations to enable the departmentto adequately perform its duties. V 3. Utilize any medium ofcommunication, publication and exhibition when disseminating information, advertising and publicity in anyfield of its purposes, objectives or duties. 4. Adopt procedural rulesthat are necessaryto implementthe authority granted underthis title, but that are not inconsistent with.other provisions ofthis title. 5. Contract with otheragencies, including laboratories, in furthering any department program. V V 6. Use monies, facilities orservices to provide matching contributions underfederal or other programs that furtherthe objectives and programs ofthe department. 7. Accept gifts, grants, matching monies or,direct payments from publicor private agencies or private persons and enterprises fordepartment services and. publications and to conduct programs that~are consistent with the general purposes and oblectives ofthis chapter; Monies received pursuanttothis paragraph shall be deposited6in’the’ departmentfund correspo’nding to the~service, publication or program provided. 8. Provide forthe examination ofany premises ifthe director has reasonable cause to believe that a violation ofany environmental law or rule exists or is being committed on the premises. The directorshall give the owneroroperatorthe opportunity for its representative to accompany the director on an examination ofthose premises. Within forty-five days afterthe date ofthe examination, the department shall provide to the owner oroperator a copy ofany report produced as a result ofany examination ofthe 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, ifthe director determines that owning, leasing oroperating is necessaryforthe public health, safety orwelfare. 10. Adopt and enforce rules relating to approving design documents for constructing, improving and operating sanitary engineering and otherfacilities for disposing of V solid, liquid or gaseOus deleterious matter. V 11. Define and prescribe reasonably necessary rules regarding the watersupply, 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 thatwater systems plan forfuture needs and‘be ofadequate size and capacity to deliver specified minimum quantities Ofdrinking water and totreat all sewage., (b) PrOvide thatthe design’documents showing or describing the water supply, sewage disposal and garbage collection facilities be submitted with,a fee,to the departmentfor review and that no lots in any subdivision be offered forsale, before compliance with the standards and rules has been’ demonstrated bYV approval ofthe design documents by the department. V ‘ V 12. Prescribe reasonably necessary measures to prevent pollution’ ofwater used in public or semipublic swimming poois and bathing places and to prevent deleterious conditions at such places. The rules shall prescribe minimum standards forthe design ofand for sanitary conditions at any publicorsemipublic 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 ofthe 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. V ‘ 13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent the transmission ofsewage borne or insect borneV diseases. The rules shall: V ‘ V V.’ V V (a) Prescribe minimum.standards forthe design ofsewage colle~tion systems and treatment, disposal ahd reclamation systems and foroperating’the systems. (b) Provide for inspecting the premises, systems and installations and forabating 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 documentsfor all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on-site wastewatertreatment,facilities and reclamation systems be submitted with a fee for reviewto the department and may require that the design documents anticipate and provide forfuture sewage treatment needs. (d) Require that construction, reconstruction, installation or initiation ofany sewage collection system, sewage collection system extension, treatment’plant, process, device, equipment, disposal system, on-site wastewatertreatmentfacility 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 orvehicles



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that do not comply with the minimum standards. (b) Provide thatvehicles transporting human excreta from privies, septictanks, cesspools and othertreatment 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. Afterthe effective date ofthis amendment to this section, the department shall establish by rule a fee as a condition of licensure, includin9 a maximum fee. As part ofthe rule making process, there must be public notice and comment and a review ofthe rule by thejoint legislative budget committee. After September30, 2013, the department shall not increase that fee by rule without specific statutory authority forthe 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 supportthe reporting requirements oftitle III ofthe superfund amendments and reauthorization act of 1986 (P.L. 99-499) and title 26, chapter 2, article 3.

. - 16~ Approve remediation~levels pursuantto article-4-ofthis chapter. 17. Estäblish’or revise fees~by rule pursuantto the authority granted undertitle 44, chapter9, article 8 and.chapters 4 and 5 ofthis~title.forVthédepartment to adequately perform its duties. All fees shall be fairly assessed and inipose the least burden and costto the parties subjectto the fees. 

### rn establishing or revising fees, the department shall base the fees on: V (a) The direct and indirect costs ofthe 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 ofthe applicable regulatory program. V V b) The availability ofotherfunds forthe duties performed. c) The impact ofthe fees on the parties subject to the fees. V d) The fees charged forsimilar duties performed by the department, otheragencies and the private sector. V V C. The department may: V
, V 1. Charge fees to coverthe costs ofall permits and inspections it performs to ensure compliance with rules adopted undersectidn 49-203, exceptthat state agencies are

V exemptfrom 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. Contractwith private consultants forthe purposes ofassisting the department in reviewing applications for licenses, permits orother authorizations to determine V whether an applicant meets the criteria for issuance ofthe license, permit or other authorization. Ifthe department contracts with a consultant underthis paragraph, an applicant may requestthat the department expedite the application review by requesting thatthe department use the services ofthe consultant and by agreeing to pay the department the costs ofthe consultant’s services. Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant to this paragraph are appropriated to the departmentfor use in paying consultants forservices. D. The director may: 1. Ifthe 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 disinfectthe person, property orvehicle as reasonably necessary to protect the environment ifa violation exists. 2. Authorize in writing any qualified officeror employee in the department to perform any actthat the director is authorized or required to do by law. V

2007 Arizona State I.

- isiature. po’~y ~I~ent



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— Fifty-first Legislature

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## II.

49-404. State implementation plan A. The directorshall maintain.a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards.änd protection ofvisibility as required by the clean airact. B. The director may adopt rules that describe procedures foradoption 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 theirterms, exceptto the extent otherwise provided by the clean air act, incohsistent with any provision ofthe 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 airact in any area which is a nonattainment or maintenance area for any air pollutant.may be.modified afterenactment in any manner unless the modification insures equivalent or greater emission reductions ofthe air pollutant. The director shall evaluate and adopt revisions to the plan in conformity with federal regulations and guidelines promulgated by. the administratorforthose purposes until the rules required by subsection B are effective. Committees Caiendars/News

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ARSTITLE PAGE NEXT DOCUMENT PREVIOUSDOCIJMENT 49-406. Nonattainment area DIan A. Forany 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 forthat area under23 United States Code section 134 as the agency responsible forthe development ofa nonattainment or maintenance area plan forthat area.~ V V B. Forany ozone, carbon monoxide or particulatenonattainment or maintenance area forwhich no metropolitan planning organization exists, the department shall be certified as the agency responsible fordevelopment ofa nonattainment or maintenance area plan forthat 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 ofthis section on behalfof elected officials of affected local government, the county air pollution control department or district, and the department oftransportation 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 ofthis section the department, the planning agency certified pursuantto subsection A ofthis section on behalf Ofelected officials ofaffected local government, the county air pollution control department or district, and the department oftransportation shall determine which elements ofeach revised implementation plan will be developed, adopted, and implemented, throu9h means including enforcement, bythe state and which by local governments or regional agencies, orany combination of local governments, regional
agencies orthe state. E. The department, the planning agency certified pursuantto subsection A ofthis section on behalf ofelected officials ofaffected local government, the county air pollution control department or district, and the department oftransportation shall enter into a memorandum ofagreement forthe purpose of coordinating the implementation ofthe procedures described in subsection C and D ofthis section. F. At a minimum, the memorandum ofagreement shall contain: 1. The relevant responsibilities and authorities ofeach ofthe coordinating agencies. 2. As appropriate, procedures, schedules and responsibilities for development of nonattainment or maintenance area plans or plan revisions and fordetermining reasonable further progress. V 3. Assurances for adequate plan implementation. V 4. Procedures and responsibilities fortracking 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 ofcontrol 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 forthe timely and periodic sharing ofall 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 ofthe plan. f) Monitoring data. Each agencythat commits to implement any emission limitation or other control

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measure, means ortechnique contained in the implementation plan shall describe that commitment in a resolution adopted bythe appropriate governing body ofthe 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 forthe enforcement ofthe 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 pursuantto section 49-404, and the governing body ofthe 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 undersection 49-404. I. Afteradoption ofa nonattainment or maintenance area plan, ifon the basis~ofthe reasonable further progress determination described in subsection F ofthis section or otherinformation, the control officerdetermines that any person has failed to implement an emission limitation~oi othe,rc~ntrol measure, means ortechnique as described in the resolution adopted ~Lirsuant to subsection G ofthis section, the control officershall issue a written finding to the person, and shall provide an o~portunity to confer. Ifthe control officersubsequently determines that the failure has not been corrected, the county attorney, atthe request ofthe control officer, shall file an action in superior court for a preliminary injunction, a permanent injunction, or any other relief provided by law. J. Afteradoption ofa nonattainment or maintenance area plan, if, on the basis ofthe reasonable further progress determination described in subsection F ofthis section or other information, the directordeterminesthatany person has failed to implement an emission limitation or othercontrol measure, means ortechnique as described in the resolution adopted pursuantto subsectionG ofthis section, and thatthe control officer has failed to act pursuantto subsection I ofthis section, the director shall issue a written finding to the person and shall provide an opportunityto confer. Ifthe director subsequently determines that the failure has not been corrected, the attorney general, atthe reqUest ofthe director, shall file an action in superior court fora 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 less than two hundred 

### fifty thousand persons the governor shall designate an agency that meets the criteria ofsection 174 ofthe 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 adoptthe nonattainment or maintenance area plan. Ifthe governordoes not:designate an agency, the department shall be certified as the agency responsible forthe development ofa nonattainment or maintenance area plan forthat area.

-2007Arizona State Le.isiature.



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