reglab/housing_qa huggingface dataset:
AZ Rev Stat § 49-763.01 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-763.01 - Variances

49-763.01.  Variances Within ninety days after receipt of a written request for a variance from a solid waste facility owner,  operator or management agency,  the department may grant a variance from solid waste management rules and standards if the department concludes that no violation of health standards will occur. The department may consider whether an environmental nuisance will result. If the request is denied,  the department shall prepare and make available to the management agency or facility owner or operator a written decision including relevant data and a technical analysis supporting the denial. The department shall not grant any variance or temporary authorization to operate under the provisions of this chapter if the proposed variance conflicts or is inconsistent with the requirements of 40 C.F.R. part 257 or 40 C.F.R. part 258.
AZ Rev Stat § 49-764 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-764 - Orders; monitoring; pollution control devices

49-764.  Orders;  monitoring;  pollution control devices A. Except as otherwise provided in section 49-422 and chapter 3,  article 3 of this title,  the director may require by order the installation of necessary monitoring and pollution control devices at a solid waste facility if the requirements of subsection B of this section have been met. B. Before issuing an order pursuant to subsection A of this section,  the director shall determine in writing that all of the following conditions are met: 1. The solid waste facility may adversely affect public health or the environment. 2. A monitoring,  sampling or quantification method or a pollution control device is technically feasible for the subject contaminant and the solid waste disposal facility. 3. An adequate scientific basis for the monitoring,  sampling or quantification method or the pollution control device exists. 4. The monitoring,  sampling or quantification method is reasonably accurate or the pollution control device is reasonably effective. 5. The cost of the method or device is reasonable in light of the use to be made of the data or the device. 6. The director has considered the relative cost and the relative accuracy or effectiveness of any alternative method or device that may be reasonable under the circumstances.
AZ Rev Stat § 49-765 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-765 - Local regulation of solid waste collection

49-765.  Local regulation of solid waste collection Each county,  city or town may establish regulations for private collection of solid waste within its area of jurisdiction,  including standards for equipment,  hours of operation,  license fees and insurance requirements as necessary and appropriate to operate a solid waste collection program. Ordinances or regulations authorized by this section and section 49-704 shall be equal to or more stringent than this chapter and rules and regulations adopted by the department under this chapter. If authorized by statute,  each county,  city or town may provide for civil penalties for violation of such ordinances or regulations provided that such penalties do not exceed the penalties authorized by this chapter. A county,  city or town may not provide for or enforce a criminal penalty against a person who refuses to purchase solid waste collection services from a private service provider unless the private service provider contracts with the county,  city or town to provide solid waste collection services and the solid waste collection service is billed through the county,  city or town.
AZ Rev Stat § 49-766 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-766 - Agricultural landfills; notice

49-766.  Agricultural landfills;  notice A. A single family residence located on a farm or ranch of more than forty acres in an unincorporated area may operate on site a landfill for the disposal of solid waste resulting from the residents' household activities. The owner or operator of the farm or ranch shall comply with all of the following: 1. The landfill does not violate the floodplain provisions of section 49-772,  subsection C or the wetland provisions of section 49-772,  subsection D. 2. The owner or operator submits to the local board of supervisors a location map and a written,  general description of the landfill by October 21,  1994,  or if solid waste disposal begins after April 24,  1994,  within thirty days after disposing of solid waste. 3. The landfill does not create an environmental nuisance. B. A person engaged in farming or ranching on at least forty acres in an unincorporated area may operate an agricultural landfill on the property for disposal of solid waste,  but not hazardous waste,  generated on the property. The person shall comply with all of the following: 1. The landfill does not accept household waste,  household hazardous waste or conditionally exempt small generator waste. 2. The owner or operator submits to the board of supervisors or its designee a location map and a written,  general description of the landfill by October 21,  1994,  or if solid waste disposal begins after April 24,  1994,  within thirty days after disposing of solid waste. 3. The landfill does not violate the floodplain provisions of section 49-772,  subsection C or the wetland provisions of section 49-772,  subsection D. 4. The landfill does not create an environmental nuisance.
AZ Rev Stat § 49-768 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-768 - Civil penalties

49-768.  Civil penalties A person who violates a provision of a rule,  material permit condition or requirement for approval relating to medical waste is subject to a civil penalty of not more than ten thousand dollars for each day for each violation. The attorney general,  at the request of the director,  shall file an action in the superior court in the county in which the violation occurred or in a county in which the department maintains an office to recover civil penalties provided for in this section.
AZ Rev Stat § 49-769 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-769 - Agency orders; appeal

49-769.  Agency orders;  appeal Except as provided in section 41-1092.08,  subsection H,  any final agency order issued pursuant to this article is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
AZ Rev Stat § 49-771 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-771 - Restrictive covenants for solid waste landfills

49-771.  Restrictive covenants for solid waste landfills A. The director may grant plan approval for operation of a solid waste landfill only if a restrictive covenant has been placed on the disposal area of the facility. An existing solid waste landfill for which a restrictive covenant is executed before July 1,  1998 is deemed to have satisfied this requirement. The director and all of the owners of the tract of land on which the solid waste landfill is located shall execute the restrictive covenant. A certified copy of the recorded covenant shall be submitted to the director within sixty days after execution. If the director does not receive the copy within sixty days,  the director shall send written notice indicating the deficiency to the owners of the real property. If a certified copy of the recorded covenant is not received within thirty days of that written notice,  the plan is deemed void. B. The owner of the tract of land on which the solid waste landfill is or will be located shall record the instrument imposing the restrictive covenant in the county recorder's office in the county in which the solid waste landfill is located. If the director does not grant plan approval for operation of a solid waste landfill or the application for plan approval is withdrawn,  and the tract of land was not used as a solid waste landfill,  the owner and the director shall revoke the restrictive covenant. C. The restrictive covenant shall state that the land described in the covenant has been or will be used as a solid waste landfill and that the property owners,  their agents or employees or any of their heirs,  successors,  lessees or assignees shall not engage in development on or in filling,  grading,  excavating,  drilling or mining of the solid waste landfill after closure without the approval of the director unless provided for in the approved facility closure or postclosure plan. In making this determination the director shall consider factors such as the original design,  type of operation,  material deposited,  energy recovery from methane gas and stage of decomposition of the disposal area. The director shall not make any such determination if it will increase the potential for threat to public health and the environment. D. The director may waive the restrictive covenant prescribed by this section if the land is federal land or if a contract that exists between the landowner and the lessee on October 9,  1993 does not allow the lessee to place an encumbrance on the disposal area.
AZ Rev Stat § 49-773 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-773 - Disposal of waste; definition

49-773.  Disposal of waste;  definition A. No person other than a natural person shall dispose of solid waste at a solid waste landfill within the boundaries of this state unless the facility meets the applicable requirements of titles III and IV of the federal water pollution control act amendments of 1972,  as amended (P.L. 92-500;  86 Stat. 816;  33 United States Code section 1151),  and one of the following: 1. 40 Code of Federal Regulations part 257 as amended on October 9,  1991 and October 1,  1993 and,  if applicable,  beginning October 9,  1993,  40 Code of Federal Regulations part 258,  as promulgated on October 9,  1991 and amended on October 1,  1993. 2. A solid waste facility plan approval pursuant to section 49-762 that was issued after October 1,  1993. B. For the purposes of this section,  unless the context otherwise requires,  " solid waste"  has the same meaning as provided in section 49-701.
AZ Rev Stat § 49-774 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-774 - Landfill washout; abatement costs; definitions

49-774.  Landfill washout;  abatement costs;  definitions A. If a washout of solid waste from a solid waste landfill occurs,  the director shall issue a cease and desist order pursuant to section 49-142 to the owner or the operator of the solid waste landfill and to any person who disposed of solid waste at that landfill. B. The director may order the owner or the operator of the landfill and any person who disposed of solid waste at that landfill to abate the washout within a time specified in the order and at the expense of the owner,  operator or other person named in the order. If such persons refuse to comply with the order to abate,  the department may recover from the owner and the operator of the landfill and any person who disposed at the landfill the reasonable costs of abating the washout. No person who disposed of solid waste at the landfill shall be liable for a larger proportion of the abatement cost than the person's proportionate share of solid waste at the landfill. Chapter 1,  article 3 of this title,  relating to environmental nuisances,  shall apply to any action filed by the director and any person who is named in the order. C. This section does not apply to any washout that occurred before October 9,  1993. D. This section does not apply to an operation that is exempt from this article on October 9,  1993. E. The authority provided to the director by this section is in addition to the remedies and authority otherwise provided by law. F. For purposes of this section: 1. " Person who disposed"  means any person who transported solid waste to the landfill or who made the decision to use the landfill but does not include a natural person. 2. " Washout"  means the carrying away of solid waste off the property of the owner or operator of the landfill by storm water or surface water runoff.
AZ Rev Stat § 49-781 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-781 - Compliance orders; appeal; enforcement

49-781.  Compliance orders;  appeal;  enforcement A. If the director determines that a person is in violation of any provision of article 3 or 4 of this chapter,  a rule adopted pursuant to article 4 of this chapter or any condition of a solid waste facility plan approval issued pursuant to this chapter or is creating an imminent and substantial endangerment to the public health or the environment,  the director may issue an order requiring compliance immediately or within a specified period of time. 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 hand delivery. D. At the request of the director,  the attorney general may file an action in superior court to enforce orders issued pursuant to this section after the order becomes final.
AZ Rev Stat § 49-782 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-782 - Actions on approval to operate

49-782.  Actions on approval to operate A. The director may suspend,  amend,  withdraw,  condition or revoke an approval to operate a solid waste facility if the director determines that the facility is in violation of any rule adopted pursuant to this chapter. B. The suspension,  amendment,  withdrawal,  conditions or revocation of an approval to operate a solid waste facility shall comply with title 41,  chapter 6,  article 10. C. The director may require any person who violates a best management practice that is adopted pursuant to section 49-761,  subsection H to comply with the self-certification requirements prescribed by section 49-761,  subsection G and the rules adopted pursuant to that section. The director may require compliance within a reasonable time. D. The director may require any person who violates section 49-761,  subsection G or any rule adopted pursuant to that section to comply within a reasonable time with the facility plan approval requirements prescribed by section 49-762.04.
AZ Rev Stat § 49-783 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-783 - Injunctive relief; civil penalties; costs

49-783.  Injunctive relief;  civil penalties;  costs A. If the director has reason to believe that a person is in violation of any provision of articles 3 or 4 of this chapter,  a rule adopted pursuant to article 4 of this chapter,  any condition of an approved solid waste facility plan issued pursuant to article 4 of this chapter or that a person is creating an imminent and substantial endangerment to the public health or the environment,  the director through the attorney general may request a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other relief necessary to protect the public health or the environment,  without regard to whether the person has requested a hearing. B. A person who violates any provision of articles 3 or 4 of this chapter,  a rule adopted pursuant to article 4 of this chapter,  an order issued pursuant to this article or an approved solid waste facility plan issued pursuant to chapter 4 is subject to a civil penalty of not more than one thousand dollars for each day not to exceed fifteen thousand dollars for each violation. At the request of the director,  the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.
AZ Rev Stat § 49-784 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-784 - Venue

49-784.  Venue An action filed pursuant to sections 49-781,  49-782 or 49-783 shall be brought in the superior court for the county in which the alleged violation occurred or in which the department maintains an office.
AZ Rev Stat § 49-785 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-785 - Agency orders; appeal

49-785.  Agency orders;  appeal A. An order issued by the director pursuant to this chapter shall become final unless it is appealed within thirty days of issuance pursuant to title 41,  chapter 6,  article 10. B. Except as provided in section 41-1092.08,  subsection H,  a final agency order issued pursuant to this article is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
AZ Rev Stat § 49-791 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-791 - Violation; classification; penalties

49-791.  Violation;  classification;  penalties A. A person shall not: 1. Practice open burning at a solid waste facility without a variance approval issued by the director. 2. Scavenge at a solid waste facility. 3. Damage or destroy signs posted at a solid waste facility. 4. Dump or dispose of solid waste in violation of any provision of this chapter or any applicable rule adopted pursuant to article 4 of this chapter. 5. Operate a solid waste facility in a manner inconsistent with the solid waste facility plan after it has been approved or any rule adopted pursuant to article 4 of this chapter. B. A violation of subsection A of this section is a class 2 misdemeanor. C. In addition to the penalties prescribed by subsection B of this section or section 13-1603,  subsection B,  a person who violates this section or section 13-1603 shall be subject to a civil penalty in an amount prescribed by section 49-783.
AZ Rev Stat § 49-801 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-801 - Definitions

49-801.  Definitions In addition to the definitions in 40 Code of Federal Regulations,  part 279,  the following definitions apply to this article: 1. " Off-specification used oil"  means used oil which exceeds any of the allowable levels in 40 Code of Federal Regulations section 279.11. 2. " On-specification used oil"  means used oil that is not off-specification used oil. 3. " Used oil"  includes oil that has been contaminated as a result of handling,  transportation or storage.
AZ Rev Stat § 49-803 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-803 - Prohibited practices

49-803.  Prohibited practices A. Used oil shall not be used or disposed of by any of the following methods: 1. Discharge into sewers or waters of the state as defined in section 49-201 except pursuant to a permit issued by appropriate regulatory authorities. 2. Incineration except at a facility authorized to incinerate hazardous waste under section 49-922 or the federal act. Burning for energy recovery is not considered incineration for purposes of this section,  unless the director determines pursuant to rule that the purpose of the burning is for destruction of listed or characteristic hazardous waste rather than energy recovery. 3. Disposal on land unless the used oil is disposed of in a landfill that is subject to 40 Code of Federal Regulations part 257 or 258 and that has an approved solid waste facility plan. This prohibition does not apply to used oil that is used as an ingredient in an explosive material. 4. Dispersal as a dust suppressant or contact herbicide. B. For the purposes of subsection A,  paragraph 3 of this section,  normal minimal leakage from properly maintained vehicles and equipment shall not be considered disposal on land.
AZ Rev Stat § 49-810 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-810 - Violation; classification

49-810.  Violation;  classification A. A person who knowingly violates a provision of the used oil program prescribed by section 49-802 is guilty of a class 2 misdemeanor. B. An act or omission punishable under this section or any other section of criminal law may be punished under both,  but any punishments,  including fines,  shall be concurrent. C. A used oil fuel burner is not liable in any criminal proceeding for a violation of this article relating to the burning of off-specification used oil if the used oil fuel burner in good faith relied on the certification of a used oil fuel marketer that the used oil meets the definition of on-specification used oil as defined in this article.
AZ Rev Stat § 49-811 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-811 - Violation; civil penalty

49-811.  Violation;  civil penalty A. Except as otherwise provided,  a person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day for each violation. B. The attorney general,  at the request of the director,  shall file an action in superior court to recover civil penalties provided by this section. This subsection shall not be construed to reduce the authority of the attorney general under any other provision of law.
AZ Rev Stat § 49-812 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-812 - Compliance orders; injunctive relief

49-812.  Compliance orders;  injunctive relief A. If the director has reasonable cause to believe that a person is violating a provision of this article or a rule adopted pursuant to this article,  the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particularity the nature of the violation and shall specify either immediate compliance or a time period for compliance which the director determines is reasonable,  taking into account the seriousness of the violation and any good faith efforts to comply with applicable legal requirements. The alleged violator has thirty days from the date of issuance of the order within which to request a hearing pursuant to title 41,  chapter 6,  article 10. B. If the director has reasonable cause to believe that an order issued pursuant to this section is being violated or that a person is engaging in an act or practice which constitutes a violation for which he is authorized to issue an order pursuant to this section,  the attorney general at the request of the director may apply to the superior court in the county in which the violation is occurring or in which the department maintains an office for a temporary restraining order,  preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court. C. If the director has reasonable cause to believe that a person is engaging in an act or practice which violates any provision of section 49-811,  the attorney general at the request of the director may apply to the superior court for a temporary restraining order,  preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court. D. No provision of this section shall be construed to reduce the authority of the attorney general under any other provision of law. E. The court,  in issuing any final order in any civil action brought under this section may award costs of litigation,  including reasonable attorney and expert witness fees,  to any substantially prevailing party if the court determines such an award is appropriate.
AZ Rev Stat § 49-813 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-813 - Program of education

49-813.  Program of education A. The director shall conduct a program to educate transporters,  marketers and burners on their responsibilities under this article. The program of education shall include producing and distributing written materials and conducting seminars in various parts of the state. The director shall provide for appropriate public notice of educational programs conducted pursuant to this subsection. The program of education shall commence no later than January 1,  1991,  and continue on a regular basis thereafter. B. It shall not be a defense or a mitigating factor in a civil or criminal action under this article that the director failed to carry out or inadequately carried out the requirements of subsection A of this section.