reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-860 - Annual reporting requirements; inspections

49-860.
Annual reporting requirements;  inspections
A. A shipper required to comply with the special waste manifesting procedures of this article shall report the following information to the department on or before March 1 of each year:
1. A shipping description of the special waste shipped during the preceding year.
2. The volume or weights of each type of special waste shipped during the preceding year.
3. The facility to which the special waste was shipped,  identified by name,  address,  location and groundwater quality protection permit number or aquifer protection permit number,  if applicable.
B. A facility or person that receives from off site a special waste for treatment,  storage or disposal shall report the following information to the department on or before March 1 of each year:
1. The shipping descriptions of each special waste received during the preceding year.
2. The volume or weight of each type of special waste received during the preceding year.
3. For each special waste type,  the identity by generator name,  address,  location,  telephone number and amount of that special waste sent to the facility during the preceding year.
4. For each special waste type received,  a description of the methods and practices used by the receiving facility or person to treat,  store or dispose of the special waste.
C. Generators who treat,  store or dispose of special waste shall keep records of the volume or weights of each type of special waste handled. Generators who treat,  store or dispose of special waste shall report to the department on or before March 1 of each year for each facility:
1. The volume or weight of each type of special waste treated,  stored or disposed of on site for the preceding year.
2. The volume or weight of each type of special waste treated,  stored or disposed of off site for the preceding year.
3. For each type of special waste disposed,  a description of the methods and practices used to minimize the amount or toxicity of the waste before disposal or reuse that constitutes disposal.
4. The volume or weight of waste received pursuant to section 49-863,  subsection G.
D. The department may conduct inspections of facilities and records in order to enforce this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-861 - Violation; classification; civil penalty

49-861.
Violation;  classification;  civil penalty
A. Beginning January 1,  1993 a person who knowingly violates this article is guilty of a class 6 felony.
B. A person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day for each violation. In issuing any final order in any civil action brought under this section,  the court may award costs of litigation including reasonable attorney and expert witness fees to any substantially prevailing party if the court determines that an award is appropriate.
C. The attorney general,  at the request of the director,  shall file an action in superior court to recover civil penalties provided by this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-862 - Compliance orders; injunctive relief

49-862.
Compliance orders;  injunctive relief
A. If the director has reasonable cause to believe that a person is violating this article or a rule adopted pursuant to this article,  the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particularity the nature of the violation and shall specify either immediate compliance or a time period for compliance that the director determines is reasonable,  taking into account the seriousness of the violation and any good faith efforts to comply with applicable legal requirements. The alleged violator may request a hearing pursuant to title 41,  chapter 6,  article 10.
B. If the director has reasonable cause to believe that an order issued pursuant to this section is being violated or that a person is engaging in an act or practice that constitutes a violation for which he is authorized to issue an order pursuant to this section,  the attorney general,  at the request of the director,  may apply to the superior court in the county in which the violation is occurring or in which the department has an office for a temporary restraining order,  preliminary injunction or permanent injunction.
C. If the director has reasonable cause to believe that a person is engaging in an act or practice in violation of this article that causes an imminent and substantial endangerment to the public health or environment,  whether or not the person has requested a hearing,  the attorney general,  at the request of the director,  may apply to the superior court in the county in which the violation is occurring or in which the department has an office for a temporary restraining order,  preliminary injunction or permanent injunction.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-863 - Special waste management fee; exemption

49-863.
Special waste management fee;  exemption
A. The director shall collect the fee established by section 49-855,  subsection C from the special waste treatment,  storage or disposal facility that first receives the waste. Any government entity that is required to collect a fee pursuant to this section may establish fees to recover the costs of collection and administration.
B. A generator who ships special waste for purposes of treatment,  storage or disposal to a facility in this state that is not regulated by the department shall retain for three years accurate records of the special waste transported to a facility and shall pay a fee to the department at the same rate and in the same manner as provided in subsection A of this section.
C. Each operator or person who is required to pay a special waste management fee shall make the fee payment as determined by the department.
D. Each fee payment shall be accompanied by a form furnished by the department and completed by the operator. The form shall state the total volume or weight of the special waste transported to or disposed at that facility during the payment period and shall provide any other information deemed necessary by the department. The operator shall sign the form.
E. If an operator or person fails to pay the fee as provided in subsection C of this section,  that operator or person is additionally liable for interest on the unpaid amount at a rate prescribed by section 49-113.
F. Monies collected pursuant to this section shall be deposited in the solid waste fee fund established pursuant to section 49-881.
G. A generator who ships special waste for purposes of treatment,  recycling,  storage or disposal from a facility that is managed or operated by that generator to another facility that is managed or operated by that generator is exempt from the fee collected pursuant to this section.
H. A generator who treats,  recycles,  stores or disposes of special waste on site at a facility that is managed or operated by the generator is exempt from the fee collected pursuant to this section.
I. State agencies,  including state universities,  are not exempt from the fees prescribed in this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-865 - Inspections

49-865.
Inspections
The department may conduct such inspections of facilities that manage special waste,  including premises and equipment,  as are necessary. The department shall give the management agency or the owner or operator of the facility the opportunity to have its representative accompany the inspector. Within forty-five days after the date of the inspection,  the department shall provide to the facility owner or operator a copy of any inspection report produced as a result of an inspection of that facility that occurs as prescribed by this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-866 - Orders; monitoring; pollution control devices

49-866.
Orders;  monitoring;  pollution control devices
A. Except as otherwise provided in sections 49-422 and chapter 3,  article 3 of this title,  the director may require by order the installation of necessary monitoring and pollution control devices at a special waste facility if the requirements of subsection B of this section have been met.
B. Before issuing an order pursuant to subsection A of this section,  the director shall determine in writing that all of the following conditions are met:
1. The special waste facility may adversely affect public health or the environment.
2. A monitoring,  sampling or quantification method or a pollution control device is technically feasible for the subject contaminant and the special waste disposal facility.
3. An adequate scientific basis for the monitoring,  sampling or quantification method or the pollution control device exists.
4. The monitoring,  sampling or quantification method is reasonably accurate or the pollution control device is reasonably effective.
5. The cost of the method or device is reasonable in light of the use to be made of the data or the device.
6. The director has considered the relative cost and the relative accuracy or effectiveness of any alternative method or device that may be reasonable under the circumstances.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-881 - Solid waste fee fund; uses; exemption

49-881.
Solid waste fee fund;  uses;  exemption
A. The solid waste fee fund is established. The director shall administer the fund. The fund consists of legislative appropriations,  donations,  gifts,  grants,  registration fees collected pursuant to sections 44-1303 and 44-1304.01,  waste tire administrative monies distributed pursuant to section 44-1305,  subsection B,  paragraph 1,  licensure fees collected pursuant to section 49-104,  subsection B,  paragraph 14,  subdivision (b),  solid waste general permit fees collected pursuant to section 49-706,  solid waste landfill registration fees from section 49-747,  licensure fees collected pursuant to section 49-761,  subsection D,  paragraph 2,  solid waste fees collected pursuant to section 49-762.03,  subsection F,  special waste management plan fees collected pursuant to section 49-857,  special waste management fees collected pursuant to section 49-863,  private consultants expedited plan review fees collected pursuant to section 49-762.03,  subsection G,  self-certification filing fees collected pursuant to section 49-762.05,  subsection H,  solid waste landfill disposal fees collected pursuant to section 49-836,  special waste fees collected pursuant to section 49-855,  subsection C,  paragraph 2 and coal combustion residuals permit processing fees and annual fees collected pursuant to section 49-891.
B. Monies in the fund are subject to legislative appropriation for solid waste control programs established in the funding sources pursuant to subsection A of this section and as determined by the director.
C. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided in section 35-313,  and monies earned from investment shall be credited to the fund. Monies deposited in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-901 - Definitions

49-901.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Hazardous waste"  means hazardous waste as defined in section 49-921.
2. " Hazardous waste disposal facility"  means a hazardous waste disposal facility contracted for or operated by this state.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-923 - Compliance orders; civil penalties; injunctive relief

49-923.
Compliance orders;  civil penalties;  injunctive relief
A. If the director has reasonable cause to believe that a person is violating this article or a permit or rule issued or adopted pursuant to this article,  the director may serve on the person an order requiring compliance with such provision,  permit or rule. The order shall state with reasonable particularity the nature of the violation and shall specify either immediate compliance or a time period for compliance that the director determines is reasonable,  taking into account the seriousness of the violation and any good faith efforts to comply with applicable legal requirements. The alleged violator may request a hearing pursuant to title 41,  chapter 6,  article 10.
B. If a violator fails to take corrective action within the time specified in a compliance order issued pursuant to subsection A of this section,  the director may issue an order assessing a civil penalty of not more than $1, 000 for each day of continued noncompliance with the order. The alleged violator may request a hearing pursuant to title 41,  chapter 6,  article 10. An attorney or corporate officer or employee of a corporation may represent the corporation at that hearing.
C. Before issuing an order assessing a civil penalty pursuant to subsection B of this section,  the director shall give reasonable notice of the director's intent to issue the order and the circumstances of the case to the attorney general.
D. If the director has reasonable cause to believe that an order issued pursuant to this section is being violated or that a person is engaging in an act or practice that constitutes a violation for which the director is authorized to issue an order pursuant to this section,  the director or the attorney general may apply to the superior court in the county in which the violation is occurring for a temporary restraining order,  preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.
E. All civil penalties assessed pursuant to 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 › § 49-924 - Violations; civil penalty

49-924.
Violations;  civil penalty
A. A person who violates this article or any permit,  rule or order issued or adopted pursuant to this article is subject to a civil penalty not exceeding twenty-five thousand dollars for each day of violation.
B. The attorney general shall bring an action to recover penalties under this section in the name of this state in the superior court in the county in which the violation occurred or in a county in which the department maintains an office.
C. The director may suspend or revoke any permit issued to a person who violates this article or any permit,  rule or order issued or adopted pursuant to this article,  unless the director has previously assessed a civil penalty for the violation pursuant to section 49-923,  subsection B.
D. All civil penalties assessed pursuant to 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 › § 49-925 - Violation; classification; definition

49-925.
Violation;  classification;  definition
A. A person who knowingly does any of the following is guilty of a class 5 felony,  a person who recklessly does any of the following is guilty of a class 6 felony and a person who knowingly or recklessly manifests an extreme indifference for human life in doing any of the following is guilty of a class 3 felony:
1. Transports any hazardous waste to a facility not authorized to receive that hazardous waste under this article or under the federal act.
2. Causes or allows any hazardous waste to be transported to a facility not authorized to receive that hazardous waste under this article or under the federal act.
3. Treats,  stores,  transports or disposes of hazardous waste without appropriate authority under this article or under the federal act.
4. Violates a material permit condition issued pursuant to this article or a material interim status standard adopted pursuant to this article.
B. A person who knowingly does any of the following is guilty of a class 6 felony:
1. Fails to file a hazardous waste manifest required to be filed to comply with this article or the rules adopted pursuant to this article.
2. Transports,  or causes to be transported,  hazardous waste without a manifest as required under this article or the rules adopted pursuant to this article.
C. The attorney general may enforce the provisions of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-927 - Hazardous waste management fund

49-927.
Hazardous waste management fund
A. The hazardous waste management fund is established to be administered by the department. The fund consists of monies appropriated by the legislature,  monies collected pursuant to section 49-931 and monies collected as fees for issuing permits under section 49-922,  subsection B,  paragraph 5. Monies in the fund are subject to legislative appropriation and are exempt from section 35-190 relating to lapsing of appropriations. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
B. Monies in the hazardous waste management fund shall be used for the following purposes:
1. Informing,  educating and training the general public,  treatment,  storage and disposal facility operators,  hazardous waste handlers and others.
2. Supporting statewide hazardous waste planning and program development activities.
3. Processing,  issuing and maintaining permits for treatment,  storage or disposal facilities.
4. Compliance monitoring,  investigation and enforcement activities pertaining to generating,  transporting,  treating,  storing and disposing of hazardous waste under this article.
5. Funding the pollution prevention technical assistance program established pursuant to section 49-965 and providing matching funds under section 6605 of the pollution prevention act of 1990 (P.L. 101-508).
6. Administering the pollution prevention program pursuant to article 4 of this chapter.
C. Ten percent of the monies in the fund shall be transmitted to the emergency response fund established by section 49-132 to be used for staffing local emergency planning committees and equipping local fire departments,  fire districts and public safety agencies for the development of hazardous materials emergency response teams.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-928 - Availability of information to the public

49-928.
Availability of information to the public
A. Any record,  reports or information obtained from any person pursuant to this chapter,  including records,  reports or information obtained or prepared by the director or a department employee,  shall be available to the public,  except that the information or a particular part of the information shall be considered confidential on either:
1. Notice from the person,  accompanying the information,  stating that the information or a particular part of the information,  if made public,  would divulge the trade secrets of the person as defined in section 49-201 or other information likely to cause substantial harm to the person's competitive position.
2. A determination by the attorney general that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this title in superior court.
B. If the director,  on his own or following a request for disclosure,  disagrees with the confidentiality notice,  he may request the attorney general to seek a court order authorizing disclosure. If a court order is sought,  the person shall be served with a copy of the court filing and shall have twenty business days from the date of service to request a hearing on whether a court order should be issued. The hearing shall be conducted in camera,  and any order resulting from the hearing is appealable as provided by law. The director may not disclose the confidential information until a court order authorizing disclosure has been obtained and becomes final. The court may award costs of litigation including reasonable attorney and expert witness fees to the prevailing party.
C. Notwithstanding subsection A of this section,  the following information obtained from any person pursuant to this chapter shall be available to the public:
1. The name and address of any permit applicant,  permittee,  generator or transporter.
2. The types and amounts of any hazardous wastes generated,  stored,  treated or disposed.
3. The types and amounts of any toxic substances released to the environment.
D. Notwithstanding subsection A of this section,  the director may disclose,  with accompanying confidentiality notice,  any records,  reports or information obtained from any person under this article,  including records,  reports or information obtained by the director or department employees,  to:
1. Other state employees concerned with administering this chapter or if the records,  reports or information are relevant to any administrative or judicial proceeding under this chapter.
2. Employees of the United States environmental protection agency if such information is necessary or required to administer and implement or comply with federal statutes or regulations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-929 - Annual registration of hazardous waste treatment, storage and disposal facilities, transporters and generators; fee; disposition of revenue

49-929.
Annual registration of hazardous waste treatment,  storage and disposal facilities,  transporters and generators;  fee;  disposition of revenue
A. All hazardous waste treatment,  storage and disposal facilities,  hazardous waste transporters and hazardous waste generators,  except hazardous waste resource recovery facilities as defined in section 49-930,  shall register annually with the department at the time and in the manner prescribed by the director. The registration is valid for one year from the date of registration.
B. The application for registration shall be accompanied by a registration fee based on the following:
1. Hazardous waste treatment,  storage and disposal facilities,  $1, 500 plus $2 per ton of hazardous waste received for treatment,  storage for more than ten days or disposal during the preceding calendar year.
2. Hazardous waste transporters,  $200.
3. Large quantity hazardous waste generators that generate one thousand kilograms per month or more,  $300.
4. Small quantity hazardous waste generators that generate between one hundred and one thousand kilograms per month,  $100.
C. All monies collected under this section shall be deposited in the water quality assurance revolving fund established by section 49-282. The director may authorize expenditures from the fund,  pursuant to section 49-282,  subsection E,  to pay the reasonable and necessary costs of administering the registration program.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-930 - Annual registration of hazardous waste resource recovery facilities; fee; maximum annual payment of fees and taxes; disposition of revenue; definitions

49-930.
Annual registration of hazardous waste resource recovery facilities;  fee;  maximum annual payment of fees and taxes;  disposition of revenue;  definitions
A. All hazardous waste resource recovery facilities shall register annually with the department at the time and in the manner prescribed by the director. The registration is valid for one year after the date of registration.
B. The application for registration shall be accompanied by a registration fee of $1, 500 plus $2 per ton of hazardous waste received for resource recovery during the preceding calendar year,  except that a person engaging in hazardous waste resource recovery 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 hazardous waste resource recovery site.
2. $25, 000 in a calendar year per hazardous waste resource recovery entity.
C. A person who pays such fees and taxes for hazardous waste resource recovery facilities in the amount specified in subsection B 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 hazardous waste resource recovery facilities.
D. If a hazardous waste resource recovery facility is owned or operated by more than one person,  the payment of fees or the compliance with this section for the facility by one person constitutes compliance by all other owners and operators.
E. All monies collected under this section shall be deposited in the water quality assurance revolving fund established by section 49-282. The director may authorize expenditures from the fund,  pursuant to section 49-282,  subsection E,  to pay the reasonable and necessary costs of administering the registration program.
F. For the purposes of this section:
1. " Hazardous waste resource recovery entity"  means a person that owns or operates more than one individual hazardous waste resource recovery site in this state.
2. " Hazardous waste resource recovery facility"  means a facility that receives for recovery of material resources fifty or more tons per year of hazardous waste generated by a facility owned by a person other than the owner of the facility receiving the hazardous waste for recovery of material resources.
3. " Individual hazardous waste resource recovery site"  means a hazardous waste resource recovery facility or group of hazardous waste resource recovery facilities located in a contiguous geographical area and owned or operated by the same person.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-931 - Hazardous waste fees; definitions

49-931.
Hazardous waste fees;  definitions
A. The following fees apply:
1. A person that generates hazardous waste that is shipped off site shall pay a fee for each ton of waste generated. The department shall establish by rule a fee for the generation of hazardous waste that is shipped off site,  including a maximum fee. Hazardous waste that is shipped off site to a facility that is in this state and that is owned or operated by the same person that generates the waste is exempt from the fees in this paragraph.
2. An owner or operator of a facility that disposes of hazardous waste shall pay a fee for each ton of waste disposed. The department shall establish by rule a fee for an owner or operator of a facility that disposes of hazardous waste,  including a maximum fee. Hazardous waste that is disposed at a facility that is owned or operated by the same person that generates the waste is exempt from the fee in this paragraph.
3. A person that generates hazardous waste that is retained on site for disposal or that is shipped off site for disposal to a facility that is owned or operated by that generator shall pay a fee for each ton of hazardous waste delivered to the disposal facility. The department shall establish by rule a fee for each ton of hazardous waste delivered to the disposal facility,  including a maximum fee.
B. Each operator or person that is required to pay a fee as prescribed by this section shall make the fee payment as determined by the department.
C. The department shall collect all fees due under this section and shall deposit,  pursuant to sections 35-146 and 35-147,  those fees in the hazardous waste management fund established by section 49-927. Each fee payment shall be accompanied by a form furnished by the department and completed by the operator or person. The form shall state the total volume or weight of hazardous waste generated or disposed at that facility during the payment period and shall provide any other information deemed necessary by the department. The operator or person shall sign the form.
D. If an operator or person fails to pay the fee prescribed by this section,  the operator or person is additionally liable for interest on the unpaid amount at the rate prescribed by section 44-1201.
E. State agencies,  including state universities,  are not exempt from the fees prescribed by this section.
F. For the purposes of this section:
1. " Generates"  means the act or process of producing hazardous waste and includes importing hazardous waste into this state for disposal.
2. " Off site"  means any transportation that is not on site as defined in section 49-851.
3. " Person"  means an individual,  trust,  firm,  joint stock company,  corporation,  including a government corporation,  partnership,  association,  state,  municipality,  commission,  political subdivision of this state,  interstate body or federal facility.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-932 - Hazardous waste fuel penalty; disposition of revenue

49-932.
Hazardous waste fuel penalty;  disposition of revenue
A. A hazardous waste fuel penalty of forty cents per gallon is established for hazardous waste fuel and hazardous waste that are burned for energy recovery and that are not generated by the operation of the business of the burner.
B. The director shall collect the penalty established by subsection A of this section from the burner of the hazardous waste fuel or hazardous waste.
C. Monies collected pursuant to subsection B of 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 › § 49-941 - Hazardous waste facilities; notice of site to property owners; time and area requirements

49-941.
Hazardous waste facilities;  notice of site to property owners;  time and area requirements
A. Any agency or political subdivision of this state which is required to select or permit a possible permanent site for any facility designed to permanently store,  treat or dispose of any hazardous waste shall send written notice of the selection of the possible permanent site by first class mail to property owners in the following areas:
1. If the proposed permanent site is in an unincorporated area,  within a three mile radius of the outer boundaries of the proposed permanent site unless the three mile radius intersects a municipal corporate boundary. In such a case,  property owners inside the municipal corporate boundary within three hundred feet of the outer boundary of the proposed permanent site shall be notified as well as those property owners outside the municipal corporate boundary within the three mile radius of the outer boundary of the proposed permanent site.
2. If the proposed permanent site is in an incorporated area,  within a three hundred foot radius of the outer boundaries of the proposed permanent site.
B. The notice required by subsection A shall be mailed to each owner of real property as shown on the list of property owners furnished by the county assessor and the department of revenue. Within fifteen days after a request for such a list,  the county assessor and the department of revenue shall furnish to the agency or political subdivision a written list stating the name and address of each owner in the areas specified in subsection A.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-942 - Site selection by political subdivision; hearing; notice

49-942.
Site selection by political subdivision;  hearing;  notice
Before a political subdivision makes a final decision on a possible permanent site for a facility specified in section 49-941,  the political subdivision shall hold a public hearing in the nearest public facility in the general vicinity of the proposed permanent sites,  at which interested persons may appear and present their views. The political subdivision shall give notice of the hearing,  to include both of the following:
1. Publication of notice in a daily or weekly newspaper of general circulation in the area of the proposed permanent site published once each week,  beginning at least two weeks before the hearing.
2. Mailed notice as provided in section 49-941,  sent at least two weeks before the hearing.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-943 - Agency grant of final permit; prerequisites

49-943.
Agency grant of final permit;  prerequisites
Before any agency grants a final permit for a facility specified in section 49-941,  the agency shall:
1. If the applicant is a political subdivision,  require the applicant to certify that a public hearing concerning a possible permanent site selection for the facility has been held in the nearest public facility in the general vicinity of the proposed permanent site,  at which interested persons were allowed to appear and present their views.
2. Hold a public hearing at least thirty days before a final decision concerning the permanent site,  if such a hearing is warranted by the public interest,  to be held in the nearest public facility in the general vicinity of the proposed permanent site,  at which interested persons may appear and present their views. If such a hearing is held the agency shall send written notice of the selection of the possible permanent site as provided in section 49-941.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-962 - Toxic data report; progress report; exemption

49-962.
Toxic data report;  progress report;  exemption
A. A person who owns or operates a facility shall file a toxic data report on July 1 for the preceding calendar year if either of the following applies:
1. During the preceding calendar year,  the owner or operator was required to file an annual toxic chemical release form for the facility pursuant to section 313 of the superfund amendments and reauthorization act of 1986 (P.L. 99-499).
2. During the preceding calendar year,  the facility generated an average of one kilogram per month of acutely hazardous waste as defined in 40 Code of Federal Regulations part 261 or an average of one thousand kilograms per month of hazardous waste in a calendar year,  exclusive of an episodic,  accidental or remediation related release or occurrence.
B. The owner or operator of a facility shall file the report prescribed in subsection A of this section on July 1 each year for the preceding calendar year until either of the following applies:
1. The facility ceases operation.
2. The facility does not meet the requirements of both:
(a) Subsection A,  paragraph 1 of this section.
(b) Subsection A,  paragraph 2 of this section,  for two consecutive years.
C. The toxic data report required in subsection A of this section shall include both of the following:
1. The report form required by the United States environmental protection agency pursuant to 42 United States Code section 13106.
2. Any annual progress report required to be submitted pursuant to section 49-963.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-965 - Pollution prevention technical assistance program

49-965.
Pollution prevention technical assistance program
A. The department shall establish a technical assistance program designed to assist all persons in reducing to the fullest extent possible the amount and toxicity of the hazardous waste that is generated or toxic substances that are used in this state. The assistance program may include:
1. The establishment of a hazardous waste reduction clearinghouse of all available information concerning hazardous waste reduction,  toxic substances minimization,  recycling programs,  economic and energy savings,  and production and environmental improvements.
2. The production of workshops,  conferences and handbooks on the topics described in paragraph 1 of this subsection.
3. Cooperation with university programs to develop hazardous waste reduction and toxic substances minimization curricula and training.
4. Presentation of on-site technical assistance for hazardous waste generators and toxic substances users.
5. Researching and recommending incentive programs for innovative hazardous waste management and toxic substances reduction.
6. Conducting a public education program to reduce emissions of ozone forming substances and accelerate pollution prevention technical assistance efforts to avoid ozone violations.
B. Presentation of on-site technical assistance by the department in accordance with subsection A of this section shall not be considered engineering practice as defined in section 32-101 as long as the assistance does not involve engineering calculations or design in connection with any building,  machine,  equipment,  process,  work or project and is limited to assisting in the identification of pollution prevention opportunities and potential alternatives to existing processes or practices.
C. Persons receiving on-site technical assistance pursuant to this section are solely liable for any civil or other damages arising from on-site technical assistance. This state and the department,  its officers,  employees and agents and any other persons assisting in providing on-site technical assistance are not liable for any civil or other damages arising from the on-site technical assistance,  including damages claimed by third parties.
D. The technical assistance program shall be funded from monies allocated from the hazardous waste management fund as prescribed in section 49-927,  except that the portion of the program prescribed by subsection A,  paragraph 6 of this section shall be funded from monies allocated from the air quality fund as prescribed in section 49-551. Notwithstanding section 49-551,  subsection C,  paragraph 5,  priority for funding shall be given to the portion of the program prescribed by subsection A,  paragraph 6 of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-967 - Availability of information to the public

49-967.
Availability of information to the public
A. Any records,  reports or information obtained from any person under this article,  including records,  reports or information obtained or prepared by the director or a department employee,  shall be available to the public,  except that the information,  or a particular part of the information,  shall be considered confidential on either:
1. Notice from the person,  accompanying the information,  stating that the information,  or a particular part of the information,  if made public,  would divulge the trade secrets of the person or other information likely to cause substantial harm to the person's competitive position.
2. A determination by the attorney general that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court.
B. If the director,  on his own or following a request for disclosure,  disagrees with the confidentiality notice,  he may request the attorney general to seek a court order authorizing disclosure. If a court order is sought,  the person shall be served with a copy of the court filing and shall have twenty business days from the date of service to request a hearing on whether a court order should be issued. The hearing shall be conducted in camera,  and any order resulting from the hearing is appealable as provided by law. The director may not disclose the confidential information until a court order authorizing disclosure has been obtained and becomes final. The court may award costs of litigation including reasonable attorney and expert witness fees to the prevailing party.
C. Notwithstanding subsection A,  the following information obtained from any person under this article shall be available to the public:
1. The name and address of any permit applicant or permittee.
2. The types and amounts of any hazardous waste generated,  stored,  treated or disposed.
3. The types and amounts of any toxic substances released to the environment.
D. Notwithstanding subsection A,  the director may disclose,  with accompanying confidentiality notice,  any records,  reports or information obtained from any person under this article,  including records,  reports or information obtained by the director or department employees,  to:
1. Other state employees concerned with administering this chapter or if the records,  reports or information are relevant to any administrative or judicial proceeding under this chapter.
2. Employees of the United States environmental protection agency if such information is necessary or required to administer and implement or comply with federal statutes or regulations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-969 - Consumer product information

49-969.
Consumer product information
A. The department may not prepare or distribute public education information relating to any claims regarding household hazardous waste or substitutes for any household consumer product unless the information is competent and reliable and based on a test,  analysis,  research,  study or other evidence that yields accurate and reliable results.
B. The department may publish or distribute the following without verification studies or analyses:
1. Information compiled pursuant to requirements set forth in state law.
2. Case studies of specific facilities or their processes.
3. Articles or views expressing the opinion of an author outside the department,  provided that this material is prepared for discussion purposes only.
C. The department may not recommend any substance as a pesticide unless the substance is either of the following:
1. Registered for use as a pesticide by this state and by the United States environmental protection agency,  or its successor,  and is to be used in a manner consistent with the label directions.
2. Listed by the environmental protection agency in 40 Code of Federal Regulations section 152.25,  exemptions for pesticides of a character not requiring regulation under the federal insecticide,  fungicide and rodenticide act,  as amended by the food quality and protection act of 1996.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-973 - Toxic data report; progress report

49-973.
Toxic data report;  progress report
A. A state agency shall file a toxic data report on July 1 if the agency during the preceding calendar year generated ten thousand pounds or more of hazardous waste. For purposes of this section,  the hazardous waste generated shall consist of the aggregate amount of hazardous waste generated from all facilities directly controlled by the state agency.
B. The toxic data report required in subsection A of this section shall include the following:
1. An annual progress report as prescribed in section 49-972,  subsection H.
2. Toxic chemical information in the format of a toxic chemical release form required by section 313 of the superfund amendments and reauthorization act of 1986 (P.L. 99-499) for each facility within the state agency that meets the threshold quantities as prescribed by the department and that is not subject to exemptions.
3. The address of each off-site treatment,  storage or disposal facility to which each hazardous waste generated was transported and the type of treatment or disposal methods used for each hazardous waste at each off-site facility.
C. If the threshold quantity prescribed in subsection A of this section is exceeded due to an accidental or remediation related release or occurrence,  the requirement to file a report pursuant to this section does not apply.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1002 - Notification requirements; exemptions

49-1002.
Notification requirements;  exemptions
A. Except as otherwise provided in this section,  each owner of an underground storage tank shall notify the department in writing and shall specify the tank's age,  size,  type,  location and use.
B. For an underground storage tank that was taken out of operation on or before January 1,  1974,  regardless of whether the tank was removed from the ground,  the owner is exempt from giving notice.
C. For an underground storage tank that was taken out of operation after January 1,  1974 but before November 8,  1984 and that was removed from the ground,  the owner is exempt from giving notice.
D. For an underground storage tank that was taken out of operation after January 1,  1974 but before November 8,  1984 and that was not removed from the ground,  the owner shall specify the type and quantity of the substances that were stored in the tank immediately before it was taken out of operation. These requirements are in addition to the requirements for notice prescribed in subsection A of this section.
E. For an underground storage tank that was taken out of operation after November 8,  1984 but before December 22,  1988 the director may require the owner to make reasonable efforts to specify the age,  size,  location and use of the tank,  the type and quantity of the substances that were stored in the tank immediately before it was taken out of operation and the date of its removal from operation.
F. An owner or operator who brings an underground storage tank into operation shall meet the notification requirements of this section at least thirty days before bringing the tank into operation. An owner or operator who brings a new piping component or under-dispenser containment into operation on or after January 1,  2009 shall meet the notification requirements of this section within thirty days after the new piping component or under-dispenser containment is brought into operation.
G. A person who sells a tank for use as an underground storage tank shall notify the purchaser of the notice requirements of subsection F of this section and shall provide to the department documentation of the notice given.
H. The notices required by this section shall be made on forms prescribed by the department.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1003 - Detection of releases; record keeping requirements

49-1003.
Detection of releases;  record keeping requirements
A. Until the rules adopted pursuant to subsection C are in effect,  the owner and operator of an underground storage tank shall maintain a release detection system that complies with the requirements of 40 Code of Federal Regulations sections 280.40 through 280.44.
B. Until the rules adopted pursuant to subsection C are in effect,  the owner and operator of an underground storage tank shall maintain systematic and complete records of release detection information that complies with the requirements of 40 Code of Federal Regulations section 280.45.
C. The director shall adopt rules establishing release detection requirements and release detection record keeping requirements. The rules adopted pursuant to this subsection shall be consistent with and no more stringent than the federal regulations in effect on the date on which the rules are adopted.