reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-233 - Priority ranking and schedule

49-233.
Priority ranking and schedule
A. Each list developed by the department pursuant to section 49-232 shall contain a priority ranking of WOTUS identified as impaired and for which total maximum daily loads are required pursuant to section 49-234 and a schedule for the development of all required total maximum daily loads.
B. In the first list submitted to the United States environmental protection agency after July 18,  2000,  the schedule shall be sufficient to ensure that all required total maximum daily loads will be developed within fifteen years after the date the list is approved by the environmental protection agency. Total maximum daily loads that are required to be developed for WOTUS that are included for the first time on subsequent lists shall be developed within fifteen years of the initial inclusion of the water on the list.
C. As part of the rulemaking prescribed by section 49-232,  subsection D,  the department shall identify the factors that it will use to prioritize WOTUS that require development of total maximum daily loads. At a minimum and to the extent relevant data is available,  the department shall consider the following factors in prioritizing WOTUS for development of total maximum daily loads:
1. The designated uses of the WOTUS.
2. The type and extent of risk from the impairment to human health or aquatic life.
3. The degree of public interest and support,  or its lack.
4. The nature of the WOTUS,  including whether it is an ephemeral,  intermittent or effluent-dependent water.
5. The pollutants causing the impairment.
6. The severity,  magnitude and duration of the violation of the applicable surface water quality standard.
7. The seasonal variation caused by natural events such as storms or weather patterns.
8. Existing treatment levels and management practices.
9. The availability of effective and economically feasible treatment techniques,  management practices or other pollutant loading reduction measures.
10. The recreational and economic importance of the water.
11. The extent to which the impairment is caused by discharges or activities that have ceased.
12. The extent to which natural sources contribute to the impairment.
13. Whether the water is accorded special protection under federal or state water quality law.
14. Whether action that is taken or that is likely to be taken under other programs,  including voluntary programs,  is likely to make significant progress toward achieving applicable standards even if a total maximum daily load is not developed.
15. The time expected to be required to achieve compliance with applicable surface water quality standards.
16. The availability of documented,  effective analytical tools for developing a total maximum daily load for the water with reasonable accuracy.
17. Department resources and programmatic needs.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-236 - Report

49-236.
Report
By September 1,  2005,  the department shall submit a report to the governor,  the speaker of the house of representatives and the president of the senate detailing progress made under this program and shall provide a copy to the secretary of state and the department of library,  archives and public records. At a minimum,  the report shall:
1. Evaluate the effectiveness of the total maximum daily load program and identify any recommended statutory changes to make the program more efficient,  effective and equitable.
2. Assess the extent to which water quality problems that cannot be effectively addressed under the total maximum daily load program may be addressed under other federal or state laws.
3. Identify the number of appeals of department decisions under this article sought pursuant to title 41,  chapter 6,  article 10 and the disposition of those appeals,  and assess the impact of those appeals on the department s ability to administer the program effectively.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-237 - Impact of successful judicial appeal of Arizona department of environmental quality decision

49-237.
Impact of successful judicial appeal of Arizona department of environmental quality decision
If a person appeals to court and succeeds in overturning or modifying a final administrative decision of the director pursuant to this article in an appeal initiated pursuant to title 41,  chapter 6,  article 10,  within thirty days of the court s decision the department shall take the steps necessary to implement the court s decision,  unless the director's decision that is overturned or modified was submitted to and approved by the regional administrator,  in which case within thirty days of the court s decision the department shall request that the regional administrator modify the approval to reflect the court s decision.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-241.01 - Groundwater protection permit facilities; schedule; definition

49-241.01.
Groundwater protection permit facilities;  schedule;  definition
A. The director shall complete the issuance or denial of aquifer protection permits or clean closure approval for all groundwater protection permit facilities on the following schedule:
1. By January 1,  2004,  for all groundwater protection permits for nonmining facilities.
2. By January 1,  2006,  for all groundwater protection permits for mining facilities.
B. The failure by the director to issue or deny an aquifer protection permit for a groundwater protection permit facility within the time prescribed by this section does not excuse a person from continuing to comply with all statutory and regulatory requirements applicable to that person's facility.
C. For purposes of this section,  " groundwater protection permit facility"  means either of the following:
1. A facility for which a groundwater quality protection permit was issued pursuant to the Arizona administrative code and for which an aquifer protection permit has never been issued.
2. A facility for which a notice of disposal was filed pursuant to the Arizona administrative code and for which an aquifer protection permit has never been issued.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-241.02 - Aquifer protection permit program fees

49-241.02.
Aquifer protection permit program fees
A. The department shall adopt by rule fees to pay the expenses incurred in implementing the aquifer protection permit program. Monies collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the water quality fee fund established by section 49-210.
B. If the department contracts with a consultant under section 49-203,  an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and agreeing to pay to the department the costs of the consultant's services regardless of the other provisions of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-243.01 - Presumptive best available demonstrated control technology

49-243.01.
Presumptive best available demonstrated control technology
A. The director may establish,  by rule,  presumptive best available demonstrated control technology,  processes,  operating methods or other alternatives,  consistent with section 49-243,  subsection B,  paragraph 1,  for a class of facilities,  if the director determines that the facilities in that class are substantially similar in nature. Once presumptive controls are established by rule for a particular class of facilities the director shall review those rules every five years and,  if appropriate,  revise the rules for that class of facilities.
B. An owner or operator of a facility who applies for an individual permit under section 49-243 shall be deemed to have demonstrated that the design meets the requirements of section 49-243,  subsection B,  paragraph 1,  if the application incorporates the presumptive controls for that class of facilities established pursuant to subsection A of this section.
C. A person or group of persons who own or operate facilities that are required to obtain a permit pursuant to this article may petition the director to establish by rule presumptive best available demonstrated control technology,  processes,  operating methods or other alternatives for that class of facilities. The director may grant the petition if he determines that the following conditions have been met:
1. The petition identifies the class of facilities for which rule adoption is requested.
2. The petition includes a description of the presumptive controls for the requested class of facilities.
3. The petition complies with section 41-1033.
4. The class of facilities described in the petition satisfies subsection A of this section.
D. The owner or operator of a facility with a permit shall not be required to obtain a new or modified permit because of rules adopted or revised pursuant to subsection A of this section. Any complete application that is filed before the effective date of any rules adopted or revised pursuant to this section shall be processed by the department without requiring compliance with the rules adopted or revised pursuant to subsection A of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-245 - Criteria for issuing general permit

49-245.
Criteria for issuing general permit
A. The director may issue by rule a general permit for a defined class of facilities if all of the following apply:
1. The cost of issuing individual permits cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits.
2. The facilities,  activities or practices in the class are substantially similar in nature.
3. The director is satisfied that appropriate conditions under a general permit for operating the facilities or conducting the activity will meet the applicable requirements in section 49-243 or,  as to facilities for which the director has established best management practices,  section 49-246.
B. In addition to other applicable enforcement actions,  if a person violates the conditions of a general permit,  the director may revoke the general permit for that person and require that the person obtain an individual permit. A general permit may be revoked,  modified or suspended at any time by the director if necessary to comply with this chapter.
C. Rules establishing a general permit shall include terms and conditions to ensure that all discharges and facilities will meet the requirements of this chapter and shall provide for the collective or individual revocation of the general permit if necessary to ensure compliance with this chapter.
D. Rules adopted pursuant to subsection A of this section may require a person who owns or operates a facility seeking coverage under a general permit to notify the director of the person's intent to operate the facility pursuant to the general permit and pay the applicable fee required pursuant to section 49-203.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-245.01 - Storm water general permit

49-245.01.
Storm water general permit
A. A general permit is issued for facilities used solely for the management of storm water and that are regulated by the clean water act or article 3.1 of this chapter,  including catchments,  impoundments and sumps,  provided the following conditions are met:
1. The owner or operator of the facility has obtained a national pollutant discharge elimination system permit issued pursuant to the clean water act or an Arizona pollutant discharge elimination system permit under article 3.1 of this chapter for any storm water discharges at the facility,  or that the facility has applied,  and not been denied coverage,  for these types of permits for any storm water discharges at the facility.
2. The owner or operator notifies the director that the facility has met the requirements of paragraph 1 of this subsection.
3. The owner or operator of the facility has in place any required storm water pollution prevention plan.
B. If the director determines that discharges of storm water from a facility or facilities covered by this general permit are causing a violation of aquifer water quality standards at the applicable point of compliance,  the director may revoke the general permit of the facility or facilities or may require that an individual permit be obtained pursuant to section 49-243. If the director determines that discharges of storm water from a facility or facilities covered by this general permit,  with reasonable probability,  may cause a violation of aquifer water quality standards at the applicable point of compliance,  the director may require a facility or facilities covered by the general permit to obtain an individual permit pursuant to section 49-243.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-246 - Criteria for developing best management practices

49-246.
Criteria for developing best management practices
A. Pursuant to section 49-245,  the director may issue a general permit for facilities requiring implementation of best management practices appropriate to the class of discharges to be regulated. The director shall:
1. Identify the aquifer water quality problem which must be addressed and determine that protection of aquifer water quality standards can be accomplished through development and implementation of a best management practice for the class of discharge.
2. Assign a specific advisory committee to create the specific class best management practice to regulate the problem and report its recommendations to the director on a specified schedule.
3. On issuing a general permit containing best management practices,  make a reasonable effort to notify persons conducting or managing the activity subject to the best management practices of the requirements of the best management practices contained in the general permit.
B. The director may establish best management practices for the following facilities or activities:
1. On-site facilities for urban runoff.
2. Storm sewers.
3. Urban runoff.
4. Silvicultural activities.
5. Septic tank systems.
C. The director may by rule establish best management practices for additional facilities or activities pursuant to this section,  if all of the following apply:
1. The facilities or activities meet the criteria in section 49-245,  subsection A,  paragraphs 1 and 2.
2. The individual facilities or activities within the class are conducted over a large geographic area.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-247 - Agricultural general permits; best management practices for regulated agricultural activities

49-247.
Agricultural general permits;  best management practices for regulated agricultural activities
A. The director shall adopt by rule,  pursuant to the requirements of this section,  agricultural general permits consisting of best management practices for regulated agricultural activities. Agricultural general permits are not subject to section 49-245 or 49-246. Except as provided in subsection G of this section,  a person is not required to obtain an individual permit for a regulated agricultural activity.
B. The terms and conditions of agricultural general permits adopted pursuant to this section shall be agricultural best management practices which have been determined by the director to be the most practical and effective means of reducing or preventing the discharge of pollutants by regulated agricultural activities. Agricultural best management practices may vary within the state,  according to regional and hydrogeologic conditions. The director may waive the use of best management practices in a designated region if the director determines that existing regulated agricultural activities will not cause or contribute to a violation of the adopted water quality standards.
C. The director shall adopt,  by rule,  agricultural best management practices.
D. In adopting agricultural best management practices,  the director shall consider:
1. The availability,  the effectiveness and the economic and institutional considerations of alternative technologies.
2. The potential nature and severity of discharges from regulated agricultural activities and their effect on public health and the environment.
E. In adopting best management practices for regulated agricultural activities,  the director shall require the application of all economically feasible best management practices which have been determined by the director to be the most practical and effective means of reducing or preventing the discharge of pollutants by regulated agricultural activities but shall not require application of more stringent practices if such a requirement would result in cessation of the regulated activity.
F. Compliance with best management practices adopted pursuant to this section constitutes compliance with this article.
G. If the director,  after providing a person with notice and an opportunity for a hearing,  determines that the person has violated the applicable best management practices,  the director may revoke the agricultural general permit for that person and require that the person obtain a permit pursuant to section 49-241.
H. The director may periodically reexamine,  evaluate and propose any modification to or waiver of agricultural best management practices necessary to meet the requirements of this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-249 - Aquifer pollution information

49-249.
Aquifer pollution information
The director shall make available to the public upon request and on the agency's web site every five years the levels of pollutants in aquifers in this state and the effects of regulation under this chapter in general and best management practices in particular on controlling or reducing pollution in aquifers.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-251 - Temporary emergency waiver

49-251.
Temporary emergency waiver
A. A facility owner or operator may apply for,  and the director may issue,  a temporary emergency waiver of compliance with the requirement to obtain a permit or with any applicable permit requirement,  surface or aquifer water quality standard or discharge limitation if the waiver will not endanger human health or welfare,  and if the director finds any of the following:
1. That an emergency of such severity exists that water supplies for domestic uses will be inadequate to meet demand unless the facility is able to temporarily exceed one or more water quality standards or discharge limitations by its discharge into waters of the state.
2. That there has been a breakdown of equipment or upset of operations resulting in a discharge to waters of the state in excess of one or more water quality standards or discharge limitations,  and both of the following apply:
(a) The breakdown or upset was beyond the control of the facility owner or operator and the facility was being operated in compliance with this chapter before the discharge.
(b) The breakdown or upset will be corrected in a reasonable period of time.
3. That the activity that is the subject of the waiver is necessary to protect human health or welfare or minimize potential adverse impacts to the environment.
B. A temporary emergency waiver of compliance issued by the director may be subject to such reasonable terms and conditions as the director deems necessary. The director may grant a waiver after the occurrence of the activity that is subject to the waiver if the applicant demonstrates that exigent circumstances made it impractical to secure the waiver in advance.
C. As a condition to the issuance of a temporary emergency waiver of compliance,  the director may require the facility owner or operator to provide notice of the waiver to all downstream or downgradient users directly affected by both:
1. Publication on not less than three consecutive days,  or on three consecutive weeks in the case of weekly publications,  in a newspaper or newspapers of general circulation in the area in which the emergency or breakdown has occurred or is occurring.
2. Furnishing a copy of the publication to the radio and television stations serving the area in which the emergency or breakdown has occurred or is occurring.
D. The facility owner or operator shall furnish a copy of the publication to the director.
E. A temporary emergency waiver of compliance issued pursuant to this section shall remain in effect as long as necessary to accommodate the emergency but in no event longer than ninety days.
F. A person operating under a temporary emergency waiver is not subject to section 49-262 or 49-263 for discharges allowed under the temporary emergency waiver but is subject to article 5 of this chapter.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-252 - Closure notification and approval

49-252.
Closure notification and approval
A. A person who owns or operates a dry well subject to this article or a groundwater protection permit facility as defined in section 49-241.01,  subsection C or a person who has been issued a permit pursuant to this article shall notify the director of the intent to permanently cease an activity for which the facility or a portion of the facility was designed or operated.
B. Within ninety days of the notification in subsection A of this section,  the owner or operator shall submit a closure plan to the director.
C. Within sixty days of submittal of a complete closure plan,  the director shall determine whether or not the closure plan is for a clean closure.
D. If the director determines that the closure plan is for a clean closure,  the director shall send a letter of approval to the owner or operator and no aquifer protection permit shall be required.
E. If the director determines that the proposed closure plan achieves a closure condition other than clean closure,  the owner or operator shall submit either an application for an aquifer protection permit or a request to modify a current aquifer protection permit in order to address closure activities and postclosure monitoring and maintenance at the facility. The director shall require submittal of a permit application or a request to modify a permit within ninety days or a reasonable time not to exceed one year,  if the applicant can supply a scope of work justifying a schedule for collecting the technical information necessary to apply.
2023 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.
2023 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.
2023 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.
C. Notwithstanding any other law or rule,  the director shall require any land application of a substance that contains sewage or septage to comply with the rules established pursuant to subsection A of this section,  including pathogen reduction requirements that is consistent with the clean water act.
D. Notwithstanding any other law or rule,  a biosolid combined with a solid waste shall be regulated as a solid waste pursuant to chapter 4 of this title.
2023 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.
2023 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.
2023 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,  which are not subject to section 49-224,  subsection B. 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 8 in excess of the lesser of:
1. $10, 000 in a calendar year per individual mining site.
2. $25, 000 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 the 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.
2023 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.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-282.03 - Interim remedial actions; reimbursement of the fund; rules

49-282.03.
Interim remedial actions;  reimbursement of the fund;  rules
A. On the request of any person,  the director may take interim remedial actions to address the loss or reduction of available water from a well before the selection of a remedy,  including making grants from the water quality assurance revolving fund to provide alternative water supplies,  well replacement or water treatment if the director determines that both of the following apply:
1. The well currently supplies water for municipal,  domestic,  industrial,  irrigation or agricultural uses or is currently part of a public water system.
2. The well produces water or,  in the reasonably foreseeable future,  will produce water that is not fit for its current or reasonably foreseeable end use without treatment due to the release of hazardous substances at or from a site on the registry established pursuant to section 49-287.01,  subsection D.
B. The interim remedial action taken by the director pursuant to subsection A of this section shall be the minimum necessary to address the loss or reduction of available water until a remedy is selected. The director,  to the extent possible,  shall consider potential remedies when selecting the interim remedial action pursuant to subsection A of this section. The interim remedial action shall not include the costs of reimbursement for costs already incurred. The director may choose not to take interim remedial action pursuant to subsection A of this section if the director has sufficient information to reasonably establish that the person requesting the remedial action may be responsible under this article for the release of hazardous substances contaminating the well. Notwithstanding this section,  the director shall select remedies pursuant to section 49-287.04.
C. Notwithstanding subsection A of this section,  if the director,  in the record of decision,  determines that the remedial action taken pursuant to subsection A of this section was not necessary,  based on the criteria in section 49-282.06 and the rules adopted pursuant to that section,  or if the person requesting the remedial action pursuant to subsection A of this section is later determined to be responsible under this article for the release of hazardous substances which contaminated or threatened to contaminate the well,  that person shall reimburse the water quality assurance revolving fund for the costs incurred in taking the remedial action. The person requesting the interim remedial action shall make arrangements for financial assurance for the obligation to the satisfaction of the director. The attorney general shall file an action for reimbursement of costs pursuant to this section if requested by the director and may file an action on his own initiative.
D. The director shall adopt rules governing when interim remedial action may be taken pursuant to subsection A of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-282.05 - Agreements for work; suspension of remedial action

49-282.05.
Agreements for work;  suspension of remedial action
A. The department may enter into an agreement with any person to perform work at a site on the site registry if the work will be conducted in accordance with the rules adopted pursuant to section 49-282.06. The terms and conditions of the agreement may include a suspension of any remedial action by the director at the site to the extent determined by the director to be appropriate. The suspension shall be specifically stated in the agreement or the approval of work under the agreement and shall continue as long as the person is in compliance with the agreement.
B. As a condition of an agreement under this section,  the department may require the person conducting the work to reimburse the director for the reasonable and necessary costs incurred in reviewing and overseeing the work,  including costs consisting of salaries and benefits paid to state employees and other direct and indirect costs. A person who reimburses the department for costs pursuant to this subsection may recover those costs in any action brought pursuant to section 49-285,  subsection H.