reglab/housing_qa huggingface dataset:
AZ Rev Stat § 49-487 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-487 - Classification and reporting; confidentiality of records

49-487.  Classification and reporting;  confidentiality of records A. The board of supervisors by rules which are equal to or more restrictive than those adopted by the director of environmental quality shall classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution,  and shall require reporting for any such class or classes. Reports may be required as to physical outlets,  processes and fuels used,  the nature and duration of emissions and such other information as is relevant to air pollution and deemed necessary by the board. B. The owner,  lessee,  or operator of a potential air contaminant source shall provide,  install,  maintain,  and operate such air contaminant monitoring devices as are reasonable and required to determine compliance in a manner acceptable to the control officer,  and shall supply monitoring information as directed in writing by the control officer. Such devices shall be available for inspection by the control officer during all reasonable times. C. Any records,  reports or information obtained from any person under this chapter,  including records,  reports or information obtained or prepared by the control officer or a county employee,  shall be available to the public,  except that the information or any part of the information shall be considered confidential on either of the following: 1. A showing,  satisfactory to the control officer,  by any person that the information or a part of the information if made public would divulge the trade secrets of the person. 2. A determination by the county attorney that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court. D. Notwithstanding subsection C of this section,  the following information shall be available to the public: 1. The name and address of any permit applicant or permittee. 2. The chemical constituents,  concentrations and amounts of any emission of any air contaminant. 3. The existence or level of a concentration of an air pollutant in the environment.
AZ Rev Stat § 49-488 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-488 - Special inspection warrant

49-488.  Special inspection warrant A. The control officer and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties involving inspection of real or personal property including buildings,  building premises and building contents for the purpose of air pollution control shall be authorized to present themselves before a magistrate and apply for,  obtain and execute special inspection warrants. Such inspections shall be limited to property other than the interior of structures used as private residences. B. Upon showing by the affidavit of the control officer or his deputies that consent to entry for inspection purposes has been refused or circumstances justify the failure to seek such consent,  special inspection warrants may be issued by a magistrate for inspection of public or private,  real or personal properties. Such warrants shall not be necessary in the case of an emergency where there is an imminent and substantial endangerment to the health of persons. C. The warrant shall be in substantially the following form: " County of +++++++++++++++,  state of Arizona to any control officer or deputy control officer in the county of +++++++++++++++ proof by affidavit having been this day made before me by (person or persons whose affidavit has been taken) that in and upon certain premises in the (city,  town or county) of +++++++++++++++ and more particularly described as follows: (describe the premises with reasonable particularity) there now exists a reasonable governmental interest to determine if said premises comply with (section +++++++++++++++ of the Arizona Revised Statutes) and/or (section +++++++++++++++ of regulation or ordinance),  you are therefore commanded in the day time (or during reasonable business hours),  to make an inspection of said premises as soon as practicable. Date,  signature and title of office."  The endorsement on the warrant shall be in substantially the following form: " Received by me +++++++++++++++ 19++,  at +++++ o'clock ++++ (name of control officer or deputy control officer)."  The return of officer shall be in substantially the following form: " I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings). Dated this +++++++++++++++ day of +++++++++++++++ 19++++ (name of control officer or deputy control officer)."  D. The warrant may be served by the control officer or his deputies mentioned in its directions,  but by no other person except in aid of the control officer or his deputies,  on his requiring it,  the control officer or his deputies being present and acting in its execution. E. A warrant shall be executed and returned to the magistrate who issued it within ten days after its date. After the expiration of that time,  the warrant shall unless executed be void. F. Any person who knowingly refuses to permit an inspection lawfully authorized by warrant issued pursuant to this article is guilty of a petty offense.
AZ Rev Stat § 49-490 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-490 - Hearings on orders of abatement

49-490.  Hearings on orders of abatement A. An order of abatement issued by the control officer shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to section 49-511 unless the person or persons named in such order shall have made a timely request for a hearing before the hearing board. If a hearing is requested,  the hearing board shall hold the hearing within thirty days from receipt of the request unless such time is extended by the hearing board. Written notice of the time and place of the hearing shall be sent by the hearing board to the person or persons requesting the hearing and to the control officer at least fifteen days before the hearing. B. If the board,  after the hearing,  determines that the act or acts set forth in the order constitute a violation of any provision of this article or of the rules adopted pursuant to this article or any requirement of a permit or conditional order issued pursuant to this article and that no conditional order is justified,  the board shall affirm or modify the order for abatement. The order may be conditional and require a person to refrain from the particular act or acts unless certain conditions are met.
AZ Rev Stat § 49-491 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-491 - Conditional orders; standards; rules

49-491.  Conditional orders;  standards;  rules A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of this article,  any rule adopted pursuant to this article,  or any requirement of a permit issued pursuant to this article if the control officer makes each of the following findings: 1. Issuance of the conditional order will not endanger public health or the environment,  or impede attainment of the national ambient air quality standards. 2. Either of the following is true: (a) There has been a breakdown of equipment or upset of operations beyond the control of the petitioner;  the source was in compliance before the breakdown or upset;  and the breakdown or upset may be corrected within a reasonable time. (b) There is no reasonable relationship between the economic and social cost of,  and benefits to be obtained from,  achieving compliance. B. The board of supervisors shall adopt rules necessary for the issuance of conditional orders. Such rules shall specify the minimum requirements for petitions,  and procedures for processing petitions and for public participation. For a conditional order that would vary from a requirement of the state implementation plan,  the rules adopted by the board of supervisors shall provide for a public hearing to receive comments on the petition. For a conditional order that would vary from a requirement of a permit issued pursuant to this article,  the rules adopted by the board of supervisors shall conform to the procedures established for permit revisions pursuant to section 49-480.01.
AZ Rev Stat § 49-492 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-492 - Petition for conditional order; publication; public hearing

49-492.  Petition for conditional order;  publication;  public hearing A. A person who seeks a conditional order shall file a petition with the control officer. B. If the issuance of the conditional order requires a public hearing,  the control officer shall set a hearing date within thirty days after the filing of the petition. The hearing date shall be within sixty days after the filing of the petition. C. Notice of the filing of a petition for a conditional order and of the hearing date on said petition shall be published in the manner provided in section 49-498. The notice shall state that any person may submit comments on the petition. A written comment shall state the name of the person and the person's agent or attorney and shall clearly set forth reasons why the petition should or should not be granted. Grounds for comment shall be limited to whether the petition meets the criteria for issuance of a conditional order prescribed in section 49-491.
AZ Rev Stat § 49-493 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-493 - Decisions on petitions for conditional order; terms and conditions

49-493.  Decisions on petitions for conditional order;  terms and conditions A. Within thirty days after the conclusion of the hearing held pursuant to section 49-492,  subsection B,  or,  if no hearing is held,  within sixty days after the filing of the petition,  the control officer shall deny the petition or grant the petition on such terms and conditions as the director deems appropriate. B. The terms and conditions which are imposed as a condition to the granting or the continued existence of a conditional order shall include but not be limited to: 1. A detailed plan for completion of corrective steps needed to conform to the provisions of this article,  the rules adopted pursuant to this article,  and the requirements of the permit issued pursuant to this article. 2. A requirement that necessary construction shall begin as expeditiously as practicable. 3. Such written reports as may be required. 4. The right to make periodic inspection of the facilities for which the conditional order is granted. C. A reasonable fee as may be prescribed by the control officer shall be deposited in the special public health fund.
AZ Rev Stat § 49-494 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-494 - Term of conditional order; effective date

49-494.  Term of conditional order;  effective date A. A conditional order issued by the control officer shall be valid for such period as the control officer prescribes but in no event for more than one year in the case of a source that is required to obtain a permit pursuant to this article and title V of the clean air act,  and three years in the case of any other source that is required to obtain a permit pursuant to this article. B. Except as otherwise provided in paragraphs 1 and 2 of this subsection,  a conditional order issued by the control officer shall be effective when issued. 1. If the conditional order varies from the requirements of the state implementation plan,  the conditional order shall be submitted to the administrator as a revision to the state implementation plan pursuant to section 110(L) of the clean air act,  and shall become effective upon approval by the administrator. 2. If the conditional order varies from the requirements of a permit issued for a facility that is required to obtain a permit pursuant to title V of the clean air act,  the conditional order shall be submitted to the administrator if required by section 505 of the clean air act,  and in such case shall be effective at the end of the review period specified in such section,  unless objected to within such period by the administrator.
AZ Rev Stat § 49-495 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-495 - Suspension and revocation of conditional order

49-495.  Suspension and revocation of conditional order If the terms and conditions of the conditional order are being violated,  the control officer may seek to revoke or suspend the conditional order granted. In such event,  the control officer shall serve notice of such violation on the holder of the conditional order in the manner provided in section 49-498. The notice shall specify the nature of such violation and the date on which a hearing will be held by the hearing board to determine if such a violation has occurred and whether the conditional order should be suspended or revoked. The date of said hearing shall be within thirty days from the date said notice is served upon the holder of the conditional order.
AZ Rev Stat § 49-496 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-496 - Decisions of hearing board; subpoenas; effective date

49-496.  Decisions of hearing board;  subpoenas;  effective date A. All decisions of the hearing board,  including the majority of opinion and all concurring and dissenting opinions,  shall be in writing and shall be of public record. B. A majority of the total membership of the hearing board shall concur in a decision for it to have effect. C. The chairman or,  in his absence,  the vice chairman may issue subpoenas to compel attendance of any person at a hearing and require the production of books,  records and other documents material to a hearing. Obedience to subpoenas may be enforced pursuant to section 12-2212. D. Subject to the approval of the board of supervisors,  the hearing board may adopt a manual of procedures governing its operation. E. Decisions of the hearing board shall become effective not less than thirty days after they are issued unless: 1. A rehearing is granted which shall have the effect of staying the decision. 2. It is determined that an emergency exists which justifies an earlier effective date. F. The hearing board may revoke or modify an order of abatement or a permit or permit revision only after first holding a hearing within thirty days from the giving of notice of such hearing as provided in section 49-498.
AZ Rev Stat § 49-497 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-497 - Declaratory judgment

49-497.  Declaratory judgment Any person who is or may be affected by a county rule or ordinance pursuant to this article may obtain a judicial declaration of the validity or construction of the rule or ordinance by filing an action for declaratory relief in superior court in accordance with title 12,  chapter 10,  article 2.
AZ Rev Stat § 49-497.01 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-497.01 - Judicial review of hearing board or administrative law judge decisions

49-497.01.  Judicial review of hearing board or administrative law judge decisions A. Except as provided in this section,  a hearing board decision or a decision of an administrative law judge in lieu of a hearing board is subject to judicial review pursuant to title 12,  chapter 7,  article 6. B. Within thirty days after service of notice of a final decision or order of the board or administrative law judge,  or an order denying a rehearing timely applied for,  any person who was a party of record in the proceedings before the board or administrative law judge,  including the control officer or department authorized or designated to enforce air pollution regulations,  may appeal the decision or order to the superior court in the county in which the hearing was conducted and the scope of the review shall be determined pursuant to section 12-910. C. A notice of appeal,  designating the grounds for appeal,  and a demand in writing for a certified transcript of the testimony and exhibits shall be filed with the court and served on the board or administrative law judge. After receipt of the demand,  accompanied by payment of a fee of the current prevailing rate for transcripts and one dollar for certification of the transcript,  the board or administrative law judge shall make and certify the transcript and file it with the clerk of the court to which the appeal has been taken within thirty days,  unless extended by agreement of the parties or order of the court. D. If an appeal is taken from an order or decision of the board or administrative law judge,  the order or decision remains in effect pending final determination of the matter,  unless stayed by the court on a hearing,  after notice to the board or administrative law judge,  and on a finding by the court that there is probable cause for appeal and that great or irreparable damage may result to the petitioner warranting the stay. E. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
AZ Rev Stat § 49-497.02 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-497.02 - Judicial review of appealable agency action not subject to review by hearing board or administrative law judge

49-497.02.  Judicial review of appealable agency action not subject to review by hearing board or administrative law judge A. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against a control officer alleging that the control officer has failed to act in a timely manner as provided in section 49-480,  subsection B and section 49-426,  subsection C. No action may be commenced before sixty days after the plaintiff has given notice to the control officer. The court has jurisdiction to require the control officer to act without additional delay. B. Except as provided in subsections C and D of this section,  a person whose legal rights,  duties or privileges were determined by an appealable agency action,  or any person who will be adversely affected by an appealable agency action,  may commence a civil action in superior court against the control officer alleging that the action was not supported by substantial evidence,  is contrary to law,  is arbitrary and capricious,  or is an abuse of discretion. Review of the appealable agency action may be obtained without first obtaining a review by a hearing board or administrative law judge. The appeal in superior court shall be governed by the Arizona rules of procedure for special actions. C. This section does not apply to a decision or action that must be appealed to the hearing board under section 49-476.01,  49-480.02,  49-482,  49-490 or 49-511 or to a final administrative decision obtained by an administrative appeal under section 49-471.15. Judicial review of those decisions or actions shall be as provided under section 49-497.01 rather than under subsection B of this section. D. An action pursuant to subsection B of this section shall not be commenced before sixty days after the plaintiff has given notice to the control officer. E. A sixty day notice under this section shall be filed with the control officer within thirty days of service of notice of the appealable agency action. The notice of appeal shall identify the party,  the party's address,  the action being appealed and shall contain a concise statement of the reasons for the appeal. F. Under this section,  service of notice of an appealable agency action shall be effected by personal delivery or certified mail,  return receipt requested,  or by any other method reasonably calculated to effect actual notice to the party to the action to the party's last address of record with the control officer. G. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
AZ Rev Stat § 49-498 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-498 - Notice of hearing; publication; service

49-498.  Notice of hearing;  publication;  service A. Any notice of hearing required by this article shall be given by publication of a notice of hearing for at least two times in a newspaper of general circulation published in the county concerned or if there is no such newspaper published in the county,  in a newspaper of general circulation published in an adjoining county,  and by posting copies of the petition and notice in at least three conspicuous places in the county. B. If the hearing involves any violation of rules or regulations adopted pursuant to this article or a conditional order therefrom then,  in addition to the requirements of subsection A,  the person allegedly committing or having committed the violation or requesting the conditional order,  shall be served personally or by registered or certified mail at least fifteen days prior to the hearing with a written notice of hearing.
AZ Rev Stat § 49-502 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-502 - Violation; classification

49-502.  Violation;  classification A. Any person who violates any provision of this article,  any rule adopted pursuant to this article or any effective order of abatement,  permit or permit condition issued pursuant to this article is guilty of a class 1 misdemeanor for each day the violation continues unless another classification is specifically prescribed in this article. Each day of violation shall constitute a separate offense. Peace officers and the control officer and his deputies shall have the authority to issue a notice to appear under the same conditions and procedures set forth in section 13-3903 for a violation of any provision of this article,  any rule adopted pursuant to this article or any effective order of abatement,  permit or permit condition issued pursuant to this article. B. Any person who violates any provision of this article,  any rule adopted pursuant to this article or any effective order of abatement,  permit or permit condition issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day per violation. The county attorney,  at the request of the control officer,  may commence an action in superior court to recover civil penalties provided by this section. Penalties recovered pursuant to this section shall be deposited in the special public health fund prescribed in section 49-480. C. In determining the amount of a fine or civil penalty under this section,  the court shall consider: 1. The seriousness of the violation. 2. As an aggravating factor only,  the economic benefit,  if any,  resulting from the violation. 3. Any history of such violation. 4. Any good faith efforts to comply with the applicable requirements. 5. The economic impact of the penalty on the violator. 6. Such other factors as the court deems relevant.
AZ Rev Stat § 49-503 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-503 - Defenses

49-503.  Defenses Violations under section 49-502 shall be malum prohibitum. Lack of criminal intent shall not constitute a defense to such violations.