reglab/housing_qa huggingface dataset:
AZ Rev Stat § 49-255 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-255 - Definitions

49-255.  Definitions In this article,  unless the context otherwise requires: 1. " AZPDES"  means the Arizona pollutant discharge elimination system program as adopted under section 402(b) of the clean water act for WOTUS and under section 49-255.04 for non-WOTUS protected surface water. 2. " Discharge" : (a) Means any addition of any pollutant to protected surface waters from any point source.  (b) Does not include the addition of dredged material or fill material to non-WOTUS protected surface waters. 3. " Indirect discharge"  means either of the following:  (a) The introduction of pollutants into a publicly owned treatment works from any nondomestic source that is regulated under section 307(b),  (c) or (d) of the clean water act. (b) For a publicly owned treatment works that discharges to non-WOTUS protected surface waters,  the introduction of pollutants from any nondomestic source that would be regulated under section 307(b),  (c) or (d) of the clean water act if the publicly owned treatment works were to discharge to a WOTUS. 4. " Industrial user"  means a source of indirect discharge.  5. " Publicly owned treatment works"  means a treatment works owned by this state or a municipality of this state as defined in section 502(4) of the clean water act or that discharges to a protected surface water. 6. " Sewage sludge" : (a) Means solid,  semisolid or liquid residue that is generated during the treatment of domestic sewage in a treatment works. (b) Includes domestic septage,  scum or solids that are removed in primary,  secondary or advanced wastewater treatment processes,  and any material derived from sewage sludge. (c) Does not include ash that is generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings that are generated during preliminary treatment of domestic sewage in a treatment works. 7. " Treatment works"  means any devices and systems that are used in the storage,  treatment,  recycling and reclamation of municipal sewage or industrial wastes of a liquid nature,  the elements essential to providing a reliable recycled supply such as standby treatment units and clear well facilities,  and any works that will be an integral part of the treatment process or that are used for residues resulting from that treatment. For the programs required by sections 49-255.02 and 49-255.03,  treatment works include intercepting sewers,  outfall sewers,  sewage collection systems,  pumping,  power and other equipment and any appurtenances,  extensions,  improvements,  remodeling,  additions and alterations. 8. " Upset" : (a) Means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit discharge limitations because of factors that are beyond the reasonable control of the permittee.  (b) Does not include noncompliance to the extent that it is caused by operational error,  improperly designed treatment facilities,  inadequate treatment facilities,  lack of preventive maintenance or careless or improper operation.
AZ Rev Stat § 49-255.02 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-255.02 - Pretreatment program; rules and standards

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.
AZ Rev Stat § 49-255.03 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-255.03 - Sewage sludge program; rules and requirements

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.
AZ Rev Stat § 49-255.05 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-255.05 - Best management practices for activities within non-WOTUS

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.
AZ Rev Stat § 49-256.02 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-256.02 - Compensatory mitigation

49-256.02.  Compensatory mitigation (Conditionally Rpld.) A. As a part of the program established pursuant to section 49-256.01,  and consistent with the guidelines established pursuant to 33 United States Code section 1344(b)(1),  the director shall establish by rule standards and criteria for the use of all types of compensatory mitigation,  including on-site and off-site permittee-responsible mitigation,  mitigation banks and in-lieu fee mitigation to offset unavoidable impacts to WOTUS authorized by permits issued under this article.  B. Mitigation banks and in-lieu fee programs may be used to compensate for unavoidable impacts to WOTUS that are authorized by general permits and individual permits,  including after-the-fact permits,  in accordance with rules established pursuant to this section. In addition to other potential injunctive relief or other relief requested under section 49-262,  mitigation banks and in-lieu fee programs may be used to satisfy requirements arising from an enforcement action under this article. C. Rules established by the director pursuant to this section shall identify alternative compensatory mitigation options for a permit applicant if an approved mitigation bank or in-lieu fee program that is located in the same watershed as the permit applicant's proposed discharge rejects that permit applicant's participation in that mitigation bank or in-lieu fee program.
AZ Rev Stat § 49-257 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-257 - Applicability of federal definitions

49-257.  Applicability of federal definitions The definitions prescribed in the underground injection control program in part C of the safe drinking water act in effect on January 1,  2018 and in the implementing regulations contained in the Code of Federal Regulations in effect on January 1,  2018 apply to this article.
AZ Rev Stat § 49-257.01 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-257.01 - Underground injection control permit program; permits; prohibitions; rules

49-257.01.  Underground injection control permit program;  permits;  prohibitions;  rules A. The department shall establish an underground injection control permit program,  including a permitting process. B. An underground injection is prohibited unless the underground injection is into a well authorized by rule or unless it is authorized by a permit issued pursuant to this article or by a permit issued by the United States environmental protection agency. A person may not construct any well that is required to have a permit until the person is issued the permit or is otherwise authorized under the permit program established pursuant to this article or federal law. C. Any underground injection activity is prohibited if it is conducted in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water and if the presence of that contaminant may endanger underground sources of drinking water.  D. The director shall adopt rules for the purposes of establishing and operating the underground injection control permit program pursuant to this article. Rules adopted by the director shall meet the minimum requirements prescribed by 42 United States Code section 300h(b).
AZ Rev Stat § 49-261 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-261 - Compliance orders; appeal; enforcement

49-261.  Compliance orders;  appeal;  enforcement A. If the director determines that a person is in violation of a rule adopted or a condition of a permit issued pursuant to section 49-203,  subsection A,  paragraph 7,  any provision of article 2,  3,  3.1,  3.2 or 3.3 of this chapter,  a rule adopted pursuant to article 2,  3,  3.1,  3.2 or 3.3 of this chapter,  a discharge limitation or any other condition of a permit issued under article 2,  3,  3.1,  3.2 or 3.3 of this chapter or is creating an imminent and substantial endangerment to the public health or environment,  the director may issue an order requiring compliance within a reasonable time period. B. 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. C. A compliance order shall be transmitted to the alleged violator by certified mail,  return receipt requested,  or by personal service. D. 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. If a hearing is requested,  the order does not become final until the administrative law judge has issued a final decision on the appeal. Appeals shall be conducted pursuant to section 49-321. E. At the request of the director the attorney general may commence an action in superior court to enforce orders issued under this section once an order becomes final.
AZ Rev Stat § 49-263 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-263 - Criminal violations; classification; definition

49-263.  Criminal violations;  classification;  definition A. It is unlawful to: 1. Discharge without a permit or appropriate authority under this chapter. 2. Fail to monitor,  sample or report discharges as required by a permit issued under this chapter. 3. Violate a discharge limitation specified in a permit issued under this chapter. 4. Violate a water quality standard. 5. Commence underground injection or construction of an underground injection well without a permit or other appropriate authority under this chapter. 6. Violate any underground injection standard or requirement that is required by a permit issued or authorized under this chapter. B. A person who with criminal negligence performs an act prohibited under subsection A of this section is guilty of a class 6 felony. C. A person who knowingly performs an act prohibited under subsection A of this section is guilty of a class 5 felony. D. A person who knowingly or recklessly manifests an extreme indifference for human life in performing an act prohibited under subsection A of this section is guilty of a class 2 felony. E. For a class II well,  a person who knowingly violates any underground injection control permit program requirements prescribed by this chapter may be subject to pipeline (production) severance. F. A violation of any provision of this chapter for which a penalty is not otherwise prescribed is a class 2 misdemeanor. G. The attorney general may enforce this section. H. Monetary criminal penalties obtained under this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund. I. For purposes of this section " person"  has the meaning assigned to that term by section 13-105.
AZ Rev Stat § 49-263.02 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-263.02 - Sewage sludge program; violation; classification

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.
AZ Rev Stat § 49-264 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-264 - Private right of action; citizen suits; right to intervene

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.
AZ Rev Stat § 49-265 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-265 - Venue

49-265.  Venue All actions commenced under sections 49-261 and 49-262 shall be brought in the superior court in the county in which the alleged violation occurred or in which the department maintains an office.
AZ Rev Stat § 49-282.01 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-282.01 - Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund; definitions

49-282.01.  Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund;  definitions A. Notwithstanding any other law,  a person engaging in mining is not required to pay fees and taxes listed in section 49-282,  subsection A,  paragraphs 2 through 9 in excess of the lesser of: 1. Ten thousand dollars in a calendar year per individual mining site. 2. Twenty-five thousand dollars in a calendar year per mining entity. B. A person who pays such fees and taxes for mining facilities or activities in the amount specified in subsection A of this section may submit evidence of such payment to the appropriate entity in lieu of paying additional fees and taxes for that calendar year for mining facilities or activities. C. If a mining facility or activity is owned or operated by more than one person,  the payment of fees or the compliance with this section for the facility or activity by one person constitutes compliance by all other owners and operators. D. For purposes of this section: 1. " Individual mining site"  means a mining facility or activity or group of mining activities or facilities located in a contiguous geographical area and owned or operated by the same person. 2. " Mining"  means the exploration,  extraction,  beneficiation and processing,  including smelting and refining,  of ores and minerals and all incidental activities. 3. " Mining entity"  means a person who owns or operates more than one individual mining site in this state.
AZ Rev Stat § 49-282.02 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-282.02 - Water quality assurance revolving fund; emergency response use; definitions

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.