reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-283.01 - Remediated water; liability; definitions

49-283.01.
Remediated water;  liability;  definitions
A. A provider or user of remediated water is not liable for damages caused or contributed to by the use or distribution of the remediated water except on a showing of wilful,  malicious or grossly negligent conduct that was the direct cause of the damages.
B. For purposes of this section:
1. " Damages"  means compensation for death or injury to a person or claims for medical monitoring or injury that a person may suffer or property damage.
2. " Provider"  means an owner or operator of a constructed water conveyance system for industrial,  municipal or irrigation purposes.
3. " Remediated water"  means water that is distributed,  transported or used in connection with a CERCLA remediation or a remediation performed pursuant to this title including water that meets applicable state or federal standards.
4. " User"  means an entity that accepts remediated water and uses that water for industrial,  municipal,  irrigation or agricultural purposes.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-283.02 - Petroleum liability

49-283.02.
Petroleum liability
A release of petroleum or a constituent of petroleum,  as defined in section 49-1001,  that is a hazardous substance,  as defined in section 49-201,  shall be subject to the remedial and liability provisions of this article if the release is not otherwise subject to the corrective or remedial action provisions of section 49-1005,  chapter 5 of this title or subchapter III of the federal act defined in section 49-921 (42 United States Code sections 6921 through 6939e),  and the release has migrated in groundwater beyond the boundary of the property on which the release occurred.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-284 - Notice; reportable quantities; penalties

49-284.
Notice;  reportable quantities;  penalties
A. Notwithstanding any other requirement of state or federal law,  any person who is the owner or operator of a facility shall,  as soon as the person has knowledge of any release,  other than a release in compliance with the limits or conditions in a federal or state permit,  of a hazardous substance from such facility,  immediately notify the director of the release if either:
1. The release is in a quantity equal to or greater than that which is required to be reported to the national response center under section 103 of CERCLA (42 United States Code section 9603).
2. The release is in a quantity equal to or greater than that determined pursuant to subsection B of this section and the release was not reported to the national response center before August 13,  1986.
B. The director shall,  by rule,  establish reportable quantities for those hazardous substances for which such quantities have not been established under section 102 of CERCLA (42 United States Code section 9602). The director may determine that one single quantity shall be the reportable quantity for that hazardous substance,  regardless of the medium into which the hazardous substance is released.
C. Any person who fails to immediately notify the director as provided in subsection A of this section is subject to a civil penalty of not to exceed ten thousand dollars. The attorney general may,  and at the request of the director shall,  commence an action in superior court to recover civil penalties provided by this subsection. All civil penalties assessed pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
D. Notification received pursuant to this section or information obtained by the exploitation of such notification shall not be used against any reporting person in any criminal case,  except a prosecution for perjury or for giving a false statement.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-286 - Mitigation of non-hazardous releases

49-286.
Mitigation of non-hazardous releases
A. If the director determines that a drinking water source is being or is about to be rendered unusable without treatment as a drinking water source by a non-hazardous substance that was disposed by a person that would be a responsible party under section 49-283 if the substance were a hazardous substance,  the director may order that person to perform one or more of the following mitigation measures:
1. Providing an alternative water supply.
2. Mixing or blending if economically practicable.
3. Economically and technically practicable treatment before ingesting the water.
4. Such other mutually agreeable mitigation measures as are necessary to achieve the purposes of this section.
B. The director's selection of mitigation measures shall balance the short-term and long-term public benefits of mitigation with the cost of each alternative measure. The director may only require the least costly alternative if more than one alternative may render water usable as a drinking water source.
C. A mitigation order issued under this section is enforceable under sections 49-261 and 49-264.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-287.02 - Responsible party search

49-287.02.
Responsible party search
A. If the director determines that a remedial investigation at a site or portion of the site may be necessary and the director determines that cost recovery may be appropriate,  the department shall conduct an investigation to identify any person who may be liable under this article. The department shall use its best efforts to identify all persons who may be liable under this article for the release or threatened release at the site or portion of the site.
B. During the investigation,  any person may provide the director with information regarding the identification and potential liability of any person or regarding any facility within the site from which a release of a hazardous substance may have occurred. If the director receives sufficient information,  the director shall investigate the facts relating to the person's potential liability,  including its share of liability under this article,  without regard to the financial ability of the person. If the director receives sufficient information regarding a release of a hazardous substance from a facility within the site to indicate that it has contributed to contaminants of concern at the site or portion of the site being investigated pursuant to this section,  the director shall investigate the release of the hazardous substance and the potential liability of persons under this article. If the director declines to investigate a person or facility,  the director shall notify the person who provided the information of the director's decision not to investigate.
C. If the director declines to investigate a person or facility,  any person who conducts an investigation and provides the results of the investigation to the director shall receive a credit for the reasonable and necessary cost of the investigation as an offset against any liability to the fund or to the state under this article if the investigation results in a settlement or a finding by the director,  the allocator or the court that this additional identified person is liable under this article with respect to the site or portion of the site being investigated pursuant to this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-287.03 - Remedial investigation and feasibility study

49-287.03.
Remedial investigation and feasibility study
A. The department may conduct a remedial investigation and feasibility study of a scored site or portion of the site to assess conditions on the site or portion of the site and to evaluate alternative potential remedies to the extent necessary to select a final remedy in a manner consistent with the rules and procedures adopted pursuant to section 49-282.06.
B. Unless the director determines that the necessary remedial action can be completed within one hundred eighty days,  before the department begins a remedial investigation and feasibility study for a site or a portion of a site,  the department shall prepare a scope of work,  a fact sheet and an outline of a community involvement plan. The scope of work shall generally describe the proposed scope of the remedial investigation and feasibility study. The outline of the community involvement plan shall address all of the elements of the community involvement plan requirements of section 49-289.03.
C. The department shall provide written notice to each person who,  according to information available to the department,  may be liable under this article that the scope of work is available for inspection and that any person by agreement with the department may develop and implement a work plan for the remedial investigation and the feasibility study. The department shall publish in a newspaper of general circulation in the county where the site is located a notice of the availability of the scope of work,  fact sheet and outline of a community involvement plan for public comment. The notice shall provide an opportunity for a public meeting.
D. The department shall prepare a responsiveness summary before implementing the scope of work. Before the director implements a remedial investigation,  unless the director determines that the necessary remedial action can be completed within one hundred eighty days,  the department shall prepare and implement the community involvement plan based upon the outline and after considering the public comments,  consistent with the requirements of section 49-289.03. The department shall update the community involvement plan at least every two years.
E. The remedial investigation shall collect the data necessary to adequately characterize the site or the portion of the site for the purpose of developing and evaluating effective remediation alternatives pursuant to the feasibility study requirements prescribed by subsection F of this section.
F. The feasibility study shall be fully integrated with the results of the remedial investigation and shall include an alternative screening step to select a reasonable number of alternatives in a manner consistent with the rules and procedures adopted pursuant to section 49-282.06.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-289 - Fund financed remedial action; definition

49-289.
Fund financed remedial action;  definition
A. The director shall assure that remedial actions taken pursuant to this article are pursued and completed as expeditiously as possible,  consistent with the criteria in section 49-282.06 and the rules adopted pursuant to that section. A remedial action shall not be financed in whole or in part from monies in the water quality assurance revolving fund unless the remedial action plan proposed pursuant to section 49-287.04,  subsection A and each record of decision prepared pursuant to section 49-287.04,  subsection F specify:
1. A time for commencing the implementation of the remedy after conclusion of settlements and allocation of liability.
2. A specific time period for completing the remedy.
B. The director may amend any record of decision to change the remedial action selected or the time periods for commencing implementation and completing the remedial actions after considering the criteria in section 49-282.06 and the rules adopted under that section and subsection A of this section. Before amending a record of decision,  the director shall give notice as required in section 49-287.04,  subsection B and written notice to all persons who have entered into a settlement with the director regarding the site or who have otherwise been determined to be responsible parties pursuant to this article and who have not fully satisfied their obligations and to any persons who have served a notice pursuant to section 49-264 regarding the site.
C. After the conclusion of the public comment period,  the director shall prepare a comprehensive responsiveness summary and an amended record of decision regarding the remedial action plan. The amended record of decision is a final agency action as of the date the director signs the final record of decision.
D. The director shall serve written notice of the amended record of decision pursuant to section 49-287.04,  subsection G.
E. Any notice of appeal of the amended record of decision shall be made pursuant to section 49-287.04,  subsection I.
F. A person who is or may be adversely affected by a remedial action selected in a record of decision may file an action in the superior court against the director and any political subdivision that has been awarded fund monies pursuant to section 49-282, subsection F in order to enforce the time periods for commencing implementation and completing a remedial action that are contained in a record of decision. This action shall be filed in the same manner as provided in section 49-264.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-289.01 - Site boundary adjustment petitions

49-289.01.
Site boundary adjustment petitions
A. A person who owns property within a site may petition the director to adjust the boundaries to exclude the person's property from the site boundaries. The geographic area covered by the boundary adjustment petition shall be described by legal description.
B. The director shall review the petition based on the results of the remedial investigation. If the director determines that the property is either entirely or partially within the area of contamination or is predicted to be either entirely or partially within the area of contamination within two years,  the director shall deny the petition to adjust the boundaries of the site. If the director determines based on the results of the remedial investigation that the property is not within the area of contamination and is not predicted to be within the area of contamination within two years,  the director shall grant the petition to adjust the boundaries of the site.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-289.02 - Community information; public notice and comment

49-289.02.
Community information;  public notice and comment
A. The director shall establish a preliminary community involvement area for each site on the registry established pursuant to section 49-287.01,  subsection D,  within ninety days after the site is entered into the registry.
B. The director shall provide written notice by mail or other delivery to residents,  commercial occupants and owners of wells operated pursuant to groundwater withdrawal rights or permits within a preliminary community involvement area. If two or more community involvement areas are adjacent or overlapping,  the director may make a single notice to avoid duplicate notice. This notice shall contain an opportunity for the recipient to elect to be added to the site's mailing list and to identify other persons who should receive similar notice. This notice also shall contain:
1. Available information regarding the hazardous substance contamination in the area.
2. The site's score and a brief statement regarding the actual and potential risk and routes of exposure to the contaminants at the site and the possible health impacts of that exposure,  if any.
3. Identification of department personnel to be contacted for further information regarding the site.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-294 - Use of monies obtained through consent decrees or litigation

49-294.
Use of monies obtained through consent decrees or litigation
A. All monies obtained by the director as the result of a settlement entered into pursuant to this article or through filing an action in state or federal court under this article or under CERCLA shall be deposited,  pursuant to sections 35-146 and 35-147. Monies recovered pursuant to this section for the department's remedial action costs that are incurred before the date of a settlement or a court judgment shall be deposited,  pursuant to sections 35-146 and 35-147,  in the water quality assurance revolving fund. Monies recovered pursuant to this section for the department's remedial action costs that are to be incurred after the date of a settlement or court judgment may be deposited in separate accounts,  and any interest earned on monies in these accounts shall be credited to those accounts for use for remedial action at the specific site or facility from which the monies were generated,  including reasonable and necessary costs,  and legal costs for administration of the account for that site or facility. If a specific site's or facility's account contains monies at the completion of the remedial action,  the director may use these excess monies in the manner and for the purposes prescribed in section 49-282.
B. This section and sections 49-292,  49-295 and 49-296 shall not be construed to limit the authority of the director to take any action under federal law or under other provisions of this title.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-296 - Settlement agreements

49-296.
Settlement agreements
A settlement agreement made pursuant to this article may provide that the director shall reimburse a party to the agreement from the fund for the costs of specific remedial actions that the party has agreed to perform. In appropriate cases,  the director may make reasonable efforts pursuant to this article to recover any fund expenditures from responsible parties who are not involved in the settlement agreement. A decision by the director not to reimburse a party from the fund for the costs of conducting a remedial action that is contained in a settlement agreement is not subject to judicial review.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-298 - Appealable agency actions; licenses

49-298.
Appealable agency actions;  licenses
A. Nothing in this article is an appealable agency action as defined in section 41-1092 or a contested case as defined in section 41-1001 except for the following:
1. A determination by the director that a person does not qualify for a settlement pursuant to section 49-292.01 or 49-292.02.
2. A no further action determination pursuant to section 49-287.01,  subsection H.
B. An appeal shall be initiated by filing a notice of appeal with the director pursuant to section 41-1092.03,  subsection B.
C. Nothing in this article constitutes a license as defined in section 41-1001.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-301 - Definitions

49-301.
Definitions
In this article,  unless the context otherwise requires:
1. " Active ingredient"  has the meaning assigned to the term by title 7 United States Code section 136.
2. " Applicant"  means any person who applies for a registration or amended registration pursuant to title 3,  chapter 2,  article 5 or a conditional registration pursuant to section 49-310.
3. " Chemigation"  means a method of irrigation by which a pesticide is mixed with irrigation water before the water is applied to the crop or the soil.
4. " Degradation product"  means a substance resulting from the transformation of a pesticide by physicochemical or biochemical means.
5. " Groundwater protection data gap"  means that a pesticide for agricultural use has been registered with the Arizona department of agriculture without the director of environmental quality finding that the information submitted pursuant to section 49-302 meets the requirements of this article.
6. " Henry's law constant"  means an indicator of the escaping tendency of dilute solutes from water which is approximated by the ratio of the vapor pressure to the water solubility at the same temperature.
7. " New pesticide"  means a pesticide that contains an active ingredient for which the information required under section 49-302,  subsection A has not been submitted by the applicant for registration and that has not been approved by the director of environmental quality.
8. " Pesticide"  means any substance or mixture of substances intended for either:
(a) Preventing,  destroying,  repelling or mitigating any pest.
(b) Use as a plant regulator,  defoliant or desiccant.
9. " Pollution"  means the introduction into the groundwaters of this state of an active ingredient,  other specified product or degradation product of an active ingredient at above a level,  with an adequate margin of safety,  that does not cause adverse effects on human health or safety.
10. " Registrant"  means a person that has registered a pesticide pursuant to title 3,  chapter 2,  article 5.
11. " Soil adsorption coefficient"  means a measure of the tendency of a pesticide,  or its biologically active transformation products,  to bond to the surfaces of soil particles.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-304 - Penalty for groundwater protection data gap

49-304.
Penalty for groundwater protection data gap
A. A registrant of a pesticide is subject to a penalty of up to ten thousand dollars for each day that a groundwater protection data gap exists unless the information was waived pursuant to section 49-302,  subsection D or a conditional registration was granted pursuant to section 49-310. In determining the amount of the penalty,  the following shall be considered:
1. The extent to which the registrant has made every effort to submit the valid,  complete and adequate information.
2. Circumstances beyond the control of the registrant that have prevented the registrant from submitting valid,  complete and adequate information.
B. If there is a dispute between the director and a registrant regarding the existence of a groundwater protection data gap,  the director or registrant shall submit the issues of the dispute to the water quality appeals board pursuant to section 49-323. The water quality appeals board shall review the evidence submitted by the registrant and the director and make recommendations to the director on whether or not the groundwater protection data gap exists.
C. The attorney general may enforce this section.
D. Any monetary penalties obtained under this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-305 - Groundwater protection list; regulation of pesticides on list

49-305.
Groundwater protection list;  regulation of pesticides on list
A. The director shall establish a groundwater protection list of pesticides that have the potential to pollute groundwater. The director shall immediately place all pesticides identified in section 49-303,  subsection C,  paragraphs 2 and 3 on the groundwater protection list and shall regulate the use of these pesticides if the pesticide is intended for application to or injection into the soil by ground based application equipment or by chemigation,  or the label of the pesticide requires or recommends that the application be followed within seventy-two hours by flood or furrow irrigation. The director shall adopt rules to carry out this section.
B. On notice from the director,  a person who uses a pesticide on the groundwater protection list is required to report the use of the pesticide on a form prescribed by the director. The reporting deadline shall conform to the deadline established by the Arizona department of agriculture for reporting custom applications.
C. If a pesticide has not been detected in groundwater anywhere in this state in tests conducted by a governmental agency or other reliable source,  the director may remove that pesticide from the groundwater protection list as provided in rule.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-306 - Groundwater protection data gap; cancellation of registration

49-306.
Groundwater protection data gap;  cancellation of registration
A. The director shall notify the Arizona department of agriculture to cancel the registration of a pesticide for agricultural use if there is a groundwater protection data gap for that pesticide.
B. If a registrant no longer manufactures the active ingredient or pesticide in question or if it has been voluntarily withdrawn from the Arizona market,  the registration of that product shall be cancelled.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-307 - Monitoring and testing

49-307.
Monitoring and testing
A. In order to more accurately determine the mobility and persistence of the pesticides identified pursuant to section 49-303,  subsection C,  paragraphs 2 and 3 and those pesticides whose continued use is allowed pursuant to section 49-309 and to determine if these pesticides have migrated into groundwaters of this state,  the director shall conduct soil and groundwater monitoring statewide in areas of this state where the pesticide is primarily used or where other factors identified pursuant to section 49-302,  including physicochemical characteristics and use practices of pesticides,  indicate a probability that the pesticide may migrate into the groundwaters of this state. The monitoring shall begin within one year after the pesticide is placed on the groundwater protection list and shall be conducted according to standard protocol and testing procedures established pursuant to subsection B of this section. Monitoring programs shall replicate conditions under which the pesticide is normally used in the area of monitoring. In developing a monitoring program,  the director shall coordinate activities with other agencies that conduct soil and groundwater monitoring.
B. Within ninety days after a pesticide is placed on the groundwater protection list pursuant to section 49-305,  the director,  in consultation with the department of health services,  shall expeditiously develop a standard protocol and testing procedure for each pesticide identified pursuant to section 49-305.
C. The director shall determine the probable source of the pesticides,  specified ingredients or degradation products. The analysis of the pesticides,  specified ingredients or degradation products shall consider factors such as the physical and chemical characteristics of the pesticide,  volume of use and method of applying the pesticide,  irrigation practices related to use of the pesticide and types of soil in areas where the pesticide is applied.
D. The director shall report all monitoring results to the Arizona department of agriculture.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-308 - Enforcement

49-308.
Enforcement
A. Within ninety days after a pesticide that is listed pursuant to section 49-305 is found pursuant to section 49-307 under any of the conditions listed in paragraph 1,  2 or 3 of this subsection,  the director shall determine whether the pesticide resulted from agricultural use according to state and federal laws and regulations and shall state in writing the reasons for the determination that:
1. An active ingredient of a pesticide has been found at or below the deepest of the following depths:
(a) Eight feet below the soil surface.
(b) Below the root zone of the crop where the active ingredient was found.
2. An active ingredient of a pesticide has been found in the groundwaters of this state.
3. The pesticide has degradation products or other specified ingredients which pose a threat to public health and which have been found under the conditions specified for active ingredients in either paragraph 1 or 2 of this subsection.
B. On a determination by the director that a pesticide meets any of the conditions specified in subsection A of this section as a result of agricultural use according to state and federal laws and regulations,  the director shall immediately notify the registrant of the determination. A pesticide that meets any of the conditions in subsection A of this section is subject to section 49-309.
C. For the purposes of this section,  any finding of a pesticide shall result from an analytical method approved by the United States environmental protection agency and shall be verified,  within thirty days,  by a second analytical laboratory approved by the director.
D. The point of compliance prescribed by section 49-244 does not apply to this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-310 - New pesticides; conditional registration; reports

49-310.
New pesticides;  conditional registration;  reports
A. The director may provide for the conditional registration of a new pesticide for one year with an option to renew annually for a period not to exceed three years under the following conditions:
1. The new pesticide is registered pursuant to the federal insecticide,  fungicide and rodenticide act as amended (7 United States Code section 136;  P.L. 100-532;  102 Stat. 2654) and is registered for use in one or more other states.
2. The director determines that a conditional registration will result in use of the new pesticide in this state that is sufficient to generate acceptable data to complete the permanent registration of the new pesticide pursuant to section 49-302. An applicant who submits data shall commit to develop and generate new data for the department's review and approval. The new data shall address the deficiency previously identified by the department in its initial review and approval process. The commitment shall be in the form of a contract with the department.
3. The new pesticide in question shall be important to agriculture as determined by the director of environmental quality after consultation with the Arizona department of agriculture.
B. Each registrant who holds a conditional registration shall submit a report to the director annually as specified by the director that describes the progress made in developing each item of required data. The director may require that additional data be included in the reports.
C. On receipt of the prescribed reports,  the director may determine that the conditional registration status be continued for an additional year or be canceled if the reports indicate a lack of progress. If the conditional registration is canceled,  all product in the state,  including product at the user level,  shall be removed from sale or distribution.
D. Conditional registration shall not be granted more than one time per pesticide.
E. Conditional registrants shall not voluntarily cancel the conditional registration.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-321 - Appeals

49-321.
Appeals
A. An order of the director under this chapter is subject to appeal pursuant to title 41,  chapter 6,  article 10.
B. Except as provided in section 41-1092.08,  subsection H,  final administrative decisions are subject to appeal to superior court pursuant to title 12,  chapter 7,  article 6. For the benefit of the people of this state,  appeals under this section have precedence,  in every court,  over all other civil proceedings. The presiding judge for the county in which the appeal has been made shall assign the appeal to the appropriate judge designated by the chief justice of the supreme court pursuant to section 45-406 to hear appeals relating to groundwater.
C. Except as provided in section 49-324,  subsection E,  the decision shall not be stayed pending appeal,  except that the judge to whom the appeal is assigned may stay the decision,  with or without bond,  on a showing of good cause. In determining whether good cause exists under the circumstances,  the court may consider whether:
1. The public interest will be adversely affected by a stay.
2. The stay will harm others.
3. There is a high probability that the appellant will succeed on the merits.
4. The appellant will suffer irreparable harm before a decision on the merits can be rendered.
D. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-322 - Water quality appeals board

49-322.
Water quality appeals board
A. A water quality appeals board is established in the department of administration consisting of three members appointed by the governor pursuant to section 38-211 to terms of three years. One member of the board shall be an attorney licensed to practice law in this state,  and all members shall possess technical competence to perform the duties of the board. Board members are entitled to compensation determined under section 38-611.
B. Members of the board are subject to title 38,  chapter 3,  article 8 and shall not receive a significant portion of their income directly or indirectly from persons subject to individual permits or enforcement orders under this chapter. In addition,  the members shall not have been employed by such persons,  other than state agencies,  within two years before appointment and may not be employed by such persons,  other than state agencies,  within two years after their appointment expires. For purposes of this subsection " significant portion of income"  means ten per cent or more of gross personal income for a calendar year or fifty per cent or more of gross personal income for a calendar year if the recipient is over sixty years of age and is receiving that portion under retirement,  pension or similar benefits.
C. The board may employ a staff. The real party in interest shall represent the board in any appeals from decisions of the board.
D. The board shall adopt rules of procedure to govern the conduct of hearings before the board.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-323 - Appeals to the board; judicial review

49-323.
Appeals to the board;  judicial review
A. An appeal to the appeals board may be taken from any grant,  denial,  modification or revocation of any individual permit issued under this chapter,  from any issuance,  denial or revocation of a determination pursuant to section 49-241,  subsections B and C or from the establishment of numeric values and data gap issues for pesticides pursuant to sections 49-303 and 49-304,  by any person who is adversely affected by the action or by any person who may with reasonable probability be adversely affected by the action and who has exercised any right to comment on the action as provided in section 41-1092.03. Any interested person may intervene in the appeal as a matter of right. The board shall hold a hearing if questions of material fact are at issue in the appeal. Notice and hearing procedures are subject to title 41,  chapter 6,  article 10.
B. Final decisions of the board are subject to appeal to superior court pursuant to title 12,  chapter 7,  article 6. For the benefit of the people of this state,  appeals under this section have precedence,  in every court,  over all other civil proceedings. The presiding judge for the county in which the appeal has been made shall assign the appeal to the appropriate judge designated by the chief justice of the supreme court pursuant to section 45-406 to hear appeals relating to groundwater.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-324 - Stay pending appeal; standard of review

49-324.
Stay pending appeal;  standard of review
A. If an appeal is taken from the director's decision to issue a permit for a new facility,  the facility may not discharge any pollutants inconsistent with the director's decision until the appeal process is completed.
B. Except as provided in subsections D and E of this section:
1. If an appeal is taken from the director's decision to grant or deny a permit for an existing facility under circumstances in which that facility was previously subject to a permit,  the facility may continue to operate pending final disposition of the appeal if there is no increase in the amount of pollutants discharged or change in the characteristics of the discharge.
2. If an appeal is taken from the director's decision to grant,  deny,  modify or revoke a permit for a facility already subject to a permit,  the facility may continue to operate as long as the operation complies with the conditions of the existing permit until final disposition of the appeal.
C. Decisions by the director shall be affirmed by the appeals board unless,  considering the entire record before the board,  it concludes that the director's decision is arbitrary,  unreasonable,  unlawful or based upon a technical judgment that is clearly invalid.
D. The director or any interested person who has appealed or intervened before the board may apply to the superior court for an order requiring cessation of discharge or conditions for continued discharge pending final disposition of the appeal as necessary to prevent an imminent and substantial endangerment to public health and the environment. The court shall determine the matter under the standards applicable for granting preliminary injunctions.
E. Notwithstanding section 41-1092.11,  if a notice of appeal of a permit that is issued under article 3.1 of this chapter is filed with the water quality appeals board,  those permit provisions that are specifically identified in the notice of appeal as being contested and those other permit provisions that cannot be severed from the contested provisions are automatically stayed while the appeal is pending before the board. Uncontested permit provisions that are severable from the contested provisions are effective and enforceable thirty days after the director serves notice on the applicant,  the water quality appeals board and any party who commented on the proposed action of the conditions that are uncontested and severable.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-351 - Designation of responsible state agency

49-351.
Designation of responsible state agency
A. The department of environmental quality is designated as the responsible agency for this state to take all actions necessary or appropriate to ensure that all potable water distributed or sold to the public through public water systems is free from unwholesome,  poisonous,  deleterious or other foreign substances and filth or disease causing substances or organisms. All such actions shall be taken at the direction of the director of the department.
B. All state agencies and any local health agencies involved with water quality,  at the request of the director,  shall provide to the department any assistance requested to ensure that this article is effectuated.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-353.01 - Duties of director; rules; standards; water supply; definition

49-353.01.
Duties of director;  rules;  standards;  water supply;  definition
A. The director shall adopt rules which prescribe minimum standards for the:
1. Sanitary facilities and conditions that shall be maintained by any public water system.
2. Chemicals,  additives and drinking water system components that come into contact with drinking water that is used by any domestic or industrial water supply and that is sold or distributed to the public.
B. Chemicals and additives certified as conforming to the national sanitation foundation standards comply with the standards required by this section.
C. In those instances where chemicals,  additives and drinking water system components that come into contact with drinking water are essential to the design,  construction or operation of the drinking water system and have not been certified by the national sanitation foundation or have national sanitation foundation certification but are not available from more than one source,  the standards shall provide for the use of alternatives which include:
1. Chemicals and additives composed entirely of ingredients determined by the environmental protection agency,  the food and drug administration or other federal agencies as appropriate for addition to potable water or aqueous food.
2. Chemicals and additives composed entirely of ingredients listed in the national academy of sciences water chemicals codex.
3. Chemicals,  additives and drinking water system components consistent with the specifications of the American water works association.
4. Chemicals,  additives and drinking water system components that are designed for use in drinking water systems and that are consistent with the specifications of the American society for testing and materials.
5. Drinking water system components that are historically used or in use in drinking water systems consistent with standard practice and that have not been demonstrated during past applications in the United States to contribute to water contamination.
D. Except as identified by the department as an alternative in accordance with this section at or after the time of use or installation,  drinking water system components installed and used after January 1,  1993 shall conform to the national sanitation foundation standards.
E. The director of the department of environmental quality may consult with the director of the department of health services in developing the standards prescribed by this section.
F. For the purposes of this section,  " drinking water system components"  means equipment and materials that are used in a drinking water system,  including process media,  protective materials,  joining and sealing materials,  pipes and related products,  mechanical devices and mechanical plumbing devices.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-358 - Water system compliance assistance program

49-358.
Water system compliance assistance program
A. The department shall establish a water system compliance assistance program to assist water systems in complying with standards imposed by federal and state law,  rules and regulations. The program shall provide information and technical assistance to water systems.
B. The department may contract with a nonprofit organization which provides on-site technical assistance to small water systems and which is dedicated to preserving and enhancing water quality in Arizona.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-361 - Sewage treatment plants; operator certification

49-361.
Sewage treatment plants;  operator certification
The department shall adopt and enforce rules to classify sewage collection systems and treatment plants and to certify operating personnel according to the skill,  knowledge and experience necessary within the classification. The rules shall provide that operating personnel may be certified on the basis of training and supervision at the place of employment. The department may assess and collect reasonable certification fees to reimburse the cost of certification services,  and the fees shall be deposited,  pursuant to sections 35-146 and 35-147,  in the water quality fee fund established by section 49-210. The rules apply to all sewage treatment plants that receive and treat wastes from common collection sewers and industrial plants but do not apply to septic tanks,  to devices that serve a single home or to industrial treatment devices that are used to perform or allow recycling or impounding wastes within the boundaries of the industry's property.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-362 - Calculation of wastewater treatment capacity; gray water; definition

49-362.
Calculation of wastewater treatment capacity;  gray water;  definition
A. The department may adopt rules for calculating a reduction in capacity or design flow for sewage treatment facilities if gray water reuse infrastructure for a subdivision is approved by the department.
B. For the purposes of this section,  " subdivision"  has the same meaning prescribed in section 32-2101.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-372 - Administrative director; enforcement

49-372.
Administrative director;  enforcement
A. A county may designate and authorize an administrative director for the program or plan prescribed by section 49-371 to perform enforcement duties. If the administrative director determines that a person is in violation of an ordinance,  rule or regulation adopted pursuant to section 49-371 or a permit authorized pursuant to that section,  the administrative director may take actions consistent with this article and section 49-261.
B. A county that adopts ordinances,  rules or regulations pursuant to section 49-371 may enforce those ordinances,  rules or regulations as prescribed by sections 49-261,  49-262 and 49-263 for violations of this article as if this article were referenced in sections 49-261,  49-262 and 49-263 except for the following:
1. Appeals under section 49-261,  subsection D shall be filed in the superior court.
2. Section 49-262,  subsections F,  G,  H,  I and J do not apply.
3. Any other section of statute prescribed in section 49-261,  49-262 or 49-263 does not apply.
C. The county's attorney and the county's designated administrative director have the authority prescribed for the attorney general and the director of environmental quality,  respectively,  pursuant to sections 49-261,  49-262 and 49-263.
D. Notwithstanding sections 49-262 and 49-263,  penalties obtained pursuant to this article by a county shall be deposited into the county general fund.
E. A county shall not receive civil penalties under this section if an interested person,  the United States,  this state or another political subdivision or agency of this state has received civil penalties or is diligently prosecuting a civil penalty action in a court of the United States or this state,  or in an administrative enforcement proceeding,  with respect to the same allegations,  standard,  requirement or order. This state,  and any political subdivision or agency of this state that is or may be affected by a civil,  judicial or administrative action,  may intervene as a matter of right in any pending civil,  judicial or administrative action for purposes of obtaining injunctive or declaratory relief.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-391 - Local enforcement of water pretreatment requirements; civil penalties

49-391.
Local enforcement of water pretreatment requirements;  civil penalties
A. A city,  town,  county or sanitary district of this state may adopt,  amend or repeal any ordinances necessary for implementing and enforcing the pretreatment requirements under the federal water pollution control act amendments of 1972 (P.L. 92-500;  86 Stat. 816;  33 United States Code sections 1251 through 1376),  as amended,  and article 3.1 of this chapter and enforce the ordinances by imposing and recovering a civil penalty of not more than $25, 000 for each violation as prescribed by this section. For continuing violations,  each day may constitute a separate offense.
B. A city,  town,  county or sanitary district shall not receive civil penalties under this section if an interested person,  the United States,  this state,  or another city,  town,  county or sanitary district has received civil penalties or is diligently prosecuting a civil penalty action in a court of the United States or this state,  or in an administrative enforcement proceeding,  with respect to the same allegations,  standard,  requirement or order. This state and any city,  town,  county or sanitary district of this state that is or may be affected by a civil,  judicial or administrative action,  may intervene as a matter of right in any pending civil,  judicial or administrative action for purposes of obtaining injunctive or declaratory relief.
C. The city,  town,  county or sanitary district may seek compliance with pretreatment ordinances and recovery of the civil penalties provided by this section either by an action in superior court or by a negotiated settlement agreement. Before a consent decree filed with superior court or a negotiated settlement becomes final,  the city,  town,  county or sanitary district seeking compliance shall provide a period of thirty days for public comment. In determining the amount of a civil penalty the court and the city,  town,  county or sanitary district shall consider:
1. The seriousness of the violation.
2. 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 justice may require.
D. In addition to the remedies provided in this section,  enforcement of such ordinances may include injunctive or other equitable relief.
E. All monies collected pursuant to an ordinance adopted under this section shall be deposited with the respective city,  town,  county or sanitary district.