reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-480.02 - Appeals of permit actions

49-480.02.
Appeals of permit actions
A. Within thirty days after the control officer gives notice of approval,  denial or revocation of a permit,  the applicant or any person who submitted comments pursuant to section 49-480,  may request an appeal as provided under section 49-482. The decision after that hearing constitutes the final permit action from which judicial review may be taken pursuant to title 12,  chapter 7,  article 6.
B. Any person who has an interest that is or may be adversely affected may commence a civil action in superior court against the control officer alleging that the control officer has failed to act in a timely manner consistent with the requirements of section 49-480. No action may be commenced before sixty days after the plaintiff has given notice to the control officer of the plaintiff's intent to file. The court has jurisdiction to require the control officer to act without additional delay.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-481 - Grant or denial of applications

49-481.
Grant or denial of applications
A. The control officer shall deny a permit or revision if the applicant does not show that every such source is so designed,  controlled,  or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air contaminants in violation of the provisions of this article and the rules adopted by the board of supervisors.
B. Prior to acting on an application for a permit,  the control officer may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature,  extent,  quantity or degree of air contaminants discharged into the atmosphere from the source described in the application. In the event of such a requirement,  the control officer shall notify the applicant in writing of the type and characteristics of such facilities.
C. In acting upon an application for a permit renewal,  if the control officer finds that such source has been constructed not in accordance with any prior permit or revision issued pursuant to section 49-480.01,  he shall require the person to obtain a permit revision or deny the application for such permit. The control officer shall not accept any further application for a permit for such source so constructed until he finds that such source has been reconstructed in accordance with the prior permit or a revision,  or a revision to the permit has been obtained.
D. After a decision on a permit or revision,  the control officer shall notify the applicant and any person who filed a comment on the permit pursuant to section 49-480 or the revision pursuant to section 49-480.01 in writing of the decision,  and if the permit is denied,  the reasons for such denial. Service of this notification may be made in person or by first class mail. The control officer shall not accept a further application unless the applicant has corrected the reasons for the objections specified by the control officer as reasons for such denial.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-482 - Appeals to hearing board

49-482.
Appeals to hearing board
A. Within thirty days after notice is given by the control officer of approval or denial of a permit,  permit revision or conditional order,  the applicant and any person who filed a comment on the permit or permit revision pursuant to section 49-480,  subsection B and section 49-426,  subsection D,  or on the conditional order pursuant to section 49-492,  subsection C,  may petition the hearing board,  in writing,  for a public hearing,  which shall be held within thirty days after receipt of the petition. The hearing board,  after notice and a public hearing,  may sustain,  modify or reverse the action of the control officer.
B. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against the control officer alleging that the control officer has failed to act in a timely manner as provided in section 49-480,  subsection B and section 49-426,  subsection C. No action may be commenced before sixty days after the plaintiff has given notice to the control officer. The court has jurisdiction to require the control officer to act without additional delay.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-483 - Permit transfers; notice; appeal

49-483.
Permit transfers;  notice;  appeal
A. A permit shall not be transferable,  whether by operation of law or otherwise,  either from one location to another,  or from one piece of equipment to another.
B. The provisions of subsection A shall not apply to mobile or portable machinery or equipment which is transferred from one location to another after notification to the control officer of the transfer.
C. A permit may be transferred,  whether by operation of law or otherwise,  from one person to another,  provided that prior to the transfer,  the person holding the permit notifies the control officer in writing of the name,  address,  telephone number and statutory agent of the person to whom the permit will be transferred,  the effective date of the proposed transfer and other information the board of supervisors may determine to be necessary by rule. The control officer shall prescribe procedures for such notification.
D. If the control officer determines that the transferee is not capable of operating the source in compliance with the requirements of this article,  rules adopted under this article and the conditions established in the permit,  the transfer shall be denied. In order for the denial to be effective,  notice of the control officer's denial,  including the reasons for the denial,  shall be issued within ten working days of the control officer's receipt of the notice of the proposed transfer.
E. Denial of a permit transfer is appealable by the transferor and the transferee to the air pollution hearing board in the same manner as prescribed for denial of a permit in section 49-482.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-485 - Posting of permit

49-485.
Posting of permit
A person who has been granted an operating permit,  shall firmly affix such permit,  an approved facsimile of such permit,  or other approved identification bearing the permit number upon such machine,  equipment,  incinerator,  device or other article for which the operating permit is issued in such a manner as to be clearly visible and accessible. In the event that such machine,  equipment,  incinerator,  device or other article is so constructed or operated that such permit cannot be so placed,  the permit shall be mounted so as to be clearly visible in an accessible place within a reasonable distance of such machine,  equipment,  incinerator,  device or other article,  or maintained readily available at all times on the operating premises.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-486 - Notice by building permit agencies

49-486.
Notice by building permit agencies
All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an installation permit will possibly be required under the provisions of section 49-480. If it appears possible that such installation permit will be required,  the agency shall give written notice to such applicant to contact the control officer or the department of environmental quality and shall furnish a copy of such notice to the control officer and the department.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-487 - Classification and reporting; confidentiality of records

49-487.
Classification and reporting;  confidentiality of records
A. The board of supervisors by rules which are equal to or more restrictive than those adopted by the director of environmental quality shall classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution,  and shall require reporting for any such class or classes. Reports may be required as to physical outlets,  processes and fuels used,  the nature and duration of emissions and such other information as is relevant to air pollution and deemed necessary by the board.
B. The owner,  lessee,  or operator of a potential air contaminant source shall provide,  install,  maintain,  and operate such air contaminant monitoring devices as are reasonable and required to determine compliance in a manner acceptable to the control officer,  and shall supply monitoring information as directed in writing by the control officer. Such devices shall be available for inspection by the control officer during all reasonable times.
C. Any records,  reports or information obtained from any person under this chapter,  including records,  reports or information obtained or prepared by the control officer or a county employee,  shall be available to the public,  except that the information or any part of the information shall be considered confidential on either of the following:
1. A showing,  satisfactory to the control officer,  by any person that the information or a part of the information if made public would divulge the trade secrets of the person.
2. A determination by the county attorney that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court.
D. Notwithstanding subsection C of this section,  the following information shall be available to the public:
1. The name and address of any permit applicant or permittee.
2. The chemical constituents,  concentrations and amounts of any emission of any air contaminant.
3. The existence or level of a concentration of an air pollutant in the environment.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-488 - Special inspection warrant

49-488.
Special inspection warrant
A. The control officer and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties involving inspection of real or personal property including buildings,  building premises and building contents for the purpose of air pollution control shall be authorized to present themselves before a magistrate and apply for,  obtain and execute special inspection warrants. Such inspections shall be limited to property other than the interior of structures used as private residences.
B. Upon showing by the affidavit of the control officer or his deputies that consent to entry for inspection purposes has been refused or circumstances justify the failure to seek such consent,  special inspection warrants may be issued by a magistrate for inspection of public or private,  real or personal properties. Such warrants shall not be necessary in the case of an emergency where there is an imminent and substantial endangerment to the health of persons.
C. The warrant shall be in substantially the following form: " County of +++++++++++++++,  state of Arizona to any control officer or deputy control officer in the county of +++++++++++++++ proof by affidavit having been this day made before me by (person or persons whose affidavit has been taken) that in and upon certain premises in the (city,  town or county) of +++++++++++++++ and more particularly described as follows: (describe the premises with reasonable particularity) there now exists a reasonable governmental interest to determine if said premises comply with (section +++++++++++++++ of the Arizona Revised Statutes) and/or (section +++++++++++++++ of regulation or ordinance),  you are therefore commanded in the day time (or during reasonable business hours),  to make an inspection of said premises as soon as practicable. Date,  signature and title of office."  The endorsement on the warrant shall be in substantially the following form: " Received by me +++++++++++++++ 19++,  at +++++ o'clock ++++ (name of control officer or deputy control officer)."  The return of officer shall be in substantially the following form: " I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings). Dated this +++++++++++++++ day of +++++++++++++++ 19++++ (name of control officer or deputy control officer)."
D. The warrant may be served by the control officer or his deputies mentioned in its directions,  but by no other person except in aid of the control officer or his deputies,  on his requiring it,  the control officer or his deputies being present and acting in its execution.
E. A warrant shall be executed and returned to the magistrate who issued it within ten days after its date. After the expiration of that time,  the warrant shall unless executed be void.
F. Any person who knowingly refuses to permit an inspection lawfully authorized by warrant issued pursuant to this article is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-490 - Hearings on orders of abatement

49-490.
Hearings on orders of abatement
A. An order of abatement issued by the control officer shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to section 49-511 unless the person or persons named in such order shall have made a timely request for a hearing before the hearing board. If a hearing is requested,  the hearing board shall hold the hearing within thirty days from receipt of the request unless such time is extended by the hearing board. Written notice of the time and place of the hearing shall be sent by the hearing board to the person or persons requesting the hearing and to the control officer at least fifteen days before the hearing.
B. If the board,  after the hearing,  determines that the act or acts set forth in the order constitute a violation of any provision of this article or of the rules adopted pursuant to this article or any requirement of a permit or conditional order issued pursuant to this article and that no conditional order is justified,  the board shall affirm or modify the order for abatement. The order may be conditional and require a person to refrain from the particular act or acts unless certain conditions are met.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-491 - Conditional orders; standards; rules

49-491.
Conditional orders;  standards;  rules
A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of this article,  any rule adopted pursuant to this article,  or any requirement of a permit issued pursuant to this article if the control officer makes each of the following findings:
1. Issuance of the conditional order will not endanger public health or the environment,  or impede attainment of the national ambient air quality standards.
2. Either of the following is true:
(a) There has been a breakdown of equipment or upset of operations beyond the control of the petitioner;  the source was in compliance before the breakdown or upset;  and the breakdown or upset may be corrected within a reasonable time.
(b) There is no reasonable relationship between the economic and social cost of,  and benefits to be obtained from,  achieving compliance.
B. The board of supervisors shall adopt rules necessary for the issuance of conditional orders. Such rules shall specify the minimum requirements for petitions,  and procedures for processing petitions and for public participation. For a conditional order that would vary from a requirement of the state implementation plan,  the rules adopted by the board of supervisors shall provide for a public hearing to receive comments on the petition. For a conditional order that would vary from a requirement of a permit issued pursuant to this article,  the rules adopted by the board of supervisors shall conform to the procedures established for permit revisions pursuant to section 49-480.01.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-492 - Petition for conditional order; publication; public hearing

49-492.
Petition for conditional order;  publication;  public hearing
A. A person who seeks a conditional order shall file a petition with the control officer.
B. If the issuance of the conditional order requires a public hearing,  the control officer shall set a hearing date within thirty days after the filing of the petition. The hearing date shall be within sixty days after the filing of the petition.
C. Notice of the filing of a petition for a conditional order and of the hearing date on said petition shall be published in the manner provided in section 49-498. The notice shall state that any person may submit comments on the petition. A written comment shall state the name of the person and the person's agent or attorney and shall clearly set forth reasons why the petition should or should not be granted. Grounds for comment shall be limited to whether the petition meets the criteria for issuance of a conditional order prescribed in section 49-491.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-493 - Decisions on petitions for conditional order; terms and conditions

49-493.
Decisions on petitions for conditional order;  terms and conditions
A. Within thirty days after the conclusion of the hearing held pursuant to section 49-492,  subsection B,  or,  if no hearing is held,  within sixty days after the filing of the petition,  the control officer shall deny the petition or grant the petition on such terms and conditions as the director deems appropriate.
B. The terms and conditions which are imposed as a condition to the granting or the continued existence of a conditional order shall include but not be limited to:
1. A detailed plan for completion of corrective steps needed to conform to the provisions of this article,  the rules adopted pursuant to this article,  and the requirements of the permit issued pursuant to this article.
2. A requirement that necessary construction shall begin as expeditiously as practicable.
3. Such written reports as may be required.
4. The right to make periodic inspection of the facilities for which the conditional order is granted.
C. A reasonable fee as may be prescribed by the control officer shall be deposited in the special public health fund.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-494 - Term of conditional order; effective date

49-494.
Term of conditional order;  effective date
A. A conditional order issued by the control officer shall be valid for such period as the control officer prescribes but in no event for more than one year in the case of a source that is required to obtain a permit pursuant to this article and title V of the clean air act,  and three years in the case of any other source that is required to obtain a permit pursuant to this article.
B. Except as otherwise provided in paragraphs 1 and 2 of this subsection,  a conditional order issued by the control officer shall be effective when issued.
1. If the conditional order varies from the requirements of the state implementation plan,  the conditional order shall be submitted to the administrator as a revision to the state implementation plan pursuant to section 110(L) of the clean air act,  and shall become effective upon approval by the administrator.
2. If the conditional order varies from the requirements of a permit issued for a facility that is required to obtain a permit pursuant to title V of the clean air act,  the conditional order shall be submitted to the administrator if required by section 505 of the clean air act,  and in such case shall be effective at the end of the review period specified in such section,  unless objected to within such period by the administrator.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-495 - Suspension and revocation of conditional order

49-495.
Suspension and revocation of conditional order
If the terms and conditions of the conditional order are being violated,  the control officer may seek to revoke or suspend the conditional order granted. In such event,  the control officer shall serve notice of such violation on the holder of the conditional order in the manner provided in section 49-498. The notice shall specify the nature of such violation and the date on which a hearing will be held by the hearing board to determine if such a violation has occurred and whether the conditional order should be suspended or revoked. The date of said hearing shall be within thirty days from the date said notice is served upon the holder of the conditional order.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-496 - Decisions of hearing board; subpoenas; effective date

49-496.
Decisions of hearing board;  subpoenas;  effective date
A. All decisions of the hearing board,  including the majority of opinion and all concurring and dissenting opinions,  shall be in writing and shall be of public record.
B. A majority of the total membership of the hearing board shall concur in a decision for it to have effect.
C. The chairman or,  in his absence,  the vice chairman may issue subpoenas to compel attendance of any person at a hearing and require the production of books,  records and other documents material to a hearing. Obedience to subpoenas may be enforced pursuant to section 12-2212.
D. Subject to the approval of the board of supervisors,  the hearing board may adopt a manual of procedures governing its operation.
E. Decisions of the hearing board shall become effective not less than thirty days after they are issued unless:
1. A rehearing is granted which shall have the effect of staying the decision.
2. It is determined that an emergency exists which justifies an earlier effective date.
F. The hearing board may revoke or modify an order of abatement or a permit or permit revision only after first holding a hearing within thirty days from the giving of notice of such hearing as provided in section 49-498.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-497 - Declaratory judgment

49-497.
Declaratory judgment
Any person who is or may be affected by a county rule or ordinance pursuant to this article may obtain a judicial declaration of the validity or construction of the rule or ordinance by filing an action for declaratory relief in superior court in accordance with title 12,  chapter 10,  article 2.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-497.01 - Judicial review of hearing board or administrative law judge decisions

49-497.01.
Judicial review of hearing board or administrative law judge decisions
A. Except as provided in this section,  a hearing board decision or a decision of an administrative law judge in lieu of a hearing board is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
B. Within thirty days after service of notice of a final decision or order of the board or administrative law judge,  or an order denying a rehearing timely applied for,  any person who was a party of record in the proceedings before the board or administrative law judge,  including the control officer or department authorized or designated to enforce air pollution regulations,  may appeal the decision or order to the superior court in the county in which the hearing was conducted and the scope of the review shall be determined pursuant to section 12-910.
C. A notice of appeal,  designating the grounds for appeal,  and a demand in writing for a certified transcript of the testimony and exhibits shall be filed with the court and served on the board or administrative law judge. After receipt of the demand,  accompanied by payment of a fee of the current prevailing rate for transcripts and one dollar for certification of the transcript,  the board or administrative law judge shall make and certify the transcript and file it with the clerk of the court to which the appeal has been taken within thirty days,  unless extended by agreement of the parties or order of the court.
D. If an appeal is taken from an order or decision of the board or administrative law judge,  the order or decision remains in effect pending final determination of the matter,  unless stayed by the court on a hearing,  after notice to the board or administrative law judge,  and on a finding by the court that there is probable cause for appeal and that great or irreparable damage may result to the petitioner warranting the stay.
E. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-497.02 - Judicial review of appealable agency action not subject to review by hearing board or administrative law judge

49-497.02.
Judicial review of appealable agency action not subject to review by hearing board or administrative law judge
A. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against a control officer alleging that the control officer has failed to act in a timely manner as provided in section 49-480,  subsection B and section 49-426,  subsection C. No action may be commenced before sixty days after the plaintiff has given notice to the control officer. The court has jurisdiction to require the control officer to act without additional delay.
B. Except as provided in subsections C and D of this section,  a person whose legal rights,  duties or privileges were determined by an appealable agency action,  or any person who will be adversely affected by an appealable agency action,  may commence a civil action in superior court against the control officer alleging that the action was not supported by substantial evidence,  is contrary to law,  is arbitrary and capricious,  or is an abuse of discretion. Review of the appealable agency action may be obtained without first obtaining a review by a hearing board or administrative law judge. The appeal in superior court shall be governed by the Arizona rules of procedure for special actions.
C. This section does not apply to a decision or action that must be appealed to the hearing board under section 49-476.01,  49-480.02,  49-482,  49-490 or 49-511 or to a final administrative decision obtained by an administrative appeal under section 49-471.15. Judicial review of those decisions or actions shall be as provided under section 49-497.01 rather than under subsection B of this section.
D. An action pursuant to subsection B of this section shall not be commenced before sixty days after the plaintiff has given notice to the control officer.
E. A sixty day notice under this section shall be filed with the control officer within thirty days of service of notice of the appealable agency action. The notice of appeal shall identify the party,  the party's address,  the action being appealed and shall contain a concise statement of the reasons for the appeal.
F. Under this section,  service of notice of an appealable agency action shall be effected by personal delivery or certified mail,  return receipt requested,  or by any other method reasonably calculated to effect actual notice to the party to the action to the party's last address of record with the control officer.
G. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-498 - Notice of hearing; publication; service

49-498.
Notice of hearing;  publication;  service
A. Any notice of hearing required by this article shall be given by publication of a notice of hearing for at least two times in a newspaper of general circulation published in the county concerned or if there is no such newspaper published in the county,  in a newspaper of general circulation published in an adjoining county,  and by posting copies of the petition and notice in at least three conspicuous places in the county.
B. If the hearing involves any violation of rules or regulations adopted pursuant to this article or a conditional order therefrom then,  in addition to the requirements of subsection A,  the person allegedly committing or having committed the violation or requesting the conditional order,  shall be served personally or by registered or certified mail at least fifteen days prior to the hearing with a written notice of hearing.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-502 - Violation; classification

49-502.
Violation;  classification
A. Any person who violates any provision of this article,  any rule adopted pursuant to this article or any effective order of abatement,  permit or permit condition issued pursuant to this article is guilty of a class 1 misdemeanor for each day the violation continues unless another classification is specifically prescribed in this article. Each day of violation shall constitute a separate offense. Peace officers and the control officer and his deputies shall have the authority to issue a notice to appear under the same conditions and procedures set forth in section 13-3903 for a violation of any provision of this article,  any rule adopted pursuant to this article or any effective order of abatement,  permit or permit condition issued pursuant to this article.
B. Any person who violates any provision of this article,  any rule adopted pursuant to this article or any effective order of abatement,  permit or permit condition issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day per violation. The county attorney,  at the request of the control officer,  may commence an action in superior court to recover civil penalties provided by this section. Penalties recovered pursuant to this section shall be deposited in the special public health fund prescribed in section 49-480.
C. In determining the amount of a fine or civil penalty under this section,  the court shall consider:
1. The seriousness of the violation.
2. As an aggravating factor only,  the economic benefit,  if any,  resulting from the violation.
3. Any history of such violation.
4. Any good faith efforts to comply with the applicable requirements.
5. The economic impact of the penalty on the violator.
6. Such other factors as the court deems relevant.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-504 - Limitations

49-504.
Limitations
Nothing in this article shall be construed so as to:
1. Grant any jurisdiction or authority with respect to air contamination or pollution existing solely within commercial and industrial plants,  works,  or shops owned by or under control of the person causing the air contamination or pollution.
2. Alter or in any other way affect the relations between employers and employees with respect to or concerning any condition of air contamination or pollution.
3. Require the readoption of any rule or regulation previously adopted prior to the effective date of this article,  provided such rule or regulation is in conformity with the provisions of this article.
4. Prevent the normal farm cultural practices which cause dust.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-507 - Technical assistance to small businesses

49-507.
Technical assistance to small businesses
Not later than August 15,  1993,  after reasonable notice and a public hearing,  the control officer shall submit to the director a plan that establishes a small business stationary source technical and compliance assistance program consistent with and equivalent to that required under section 507 of the clean air act.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-510 - Violations; production of records

49-510.
Violations;  production of records
When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article,  any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article,  he may request,  in writing,  that such person produce all existing books,  records and other documents evidencing tests,  inspections or studies which may reasonably relate to compliance or noncompliance with rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-511 - Violations; order of abatement

49-511.
Violations;  order of abatement
A. When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article,  any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article,  the control officer may serve upon such person by certified mail or in person an order of abatement or may file a complaint in superior court alleging a violation pursuant to section 49-513.
B. Except as provided in subsection E of this section,  an order issued pursuant to this section shall state the following:
1. With particularity,  the act constituting the violation.
2. In its entirety,  the certain requirement,  provision or rule violated.
3. The duration of the order.
4. That the alleged violator is entitled to a hearing,  if the hearing is requested in writing within thirty days after the date of issuance of the order.
C. The order may be conditional and require a person to refrain from particular acts unless certain conditions are met.
D. An order issued under this section shall require the persons to whom it is issued to comply with the requirement,  provision or rule as expeditiously as practicable. In the case of a source required to obtain a permit pursuant to this article and title V of the clean air act,  the order shall require compliance no later than one year after the date the order was issued and may be renewable for no more than one additional year on a showing of good cause to the control officer. The control officer shall report annually,  by December 1,  to the governor,  the president of the senate,  the speaker of the house of representatives and the director of the Arizona state library,  archives and public records on the sources that are issued an order of abatement or a renewal pursuant to this section. The report shall include summary information about the source and the order. If the order was renewed,  the report shall also include a summary of the justification for the renewal. The control officer shall publish the following information on the county's internet web site:
1. A notice that an abatement order has been issued pursuant to this section and summary information about the order.
2. A notice that an order of abatement has been renewed pursuant to this section and summary information about the renewal.
E. The control officer may enter into an order of abatement by consent. The control officer may agree to accept monetary payments as part of the negotiated terms of an order of abatement by consent. The terms of an order of abatement by consent shall be determined by the agreement of the parties.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-512 - Violations; injunctive relief

49-512.
Violations;  injunctive relief
The county attorney,  at the request of the control officer,  shall file an action for a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other relief provided by law,  if the control officer has reasonable cause to believe that any of the following is occurring:
1. A person has violated or is in violation of any provision of this article,  a rule adopted pursuant to this article or a permit issued pursuant to this article.
2. A person has violated or is in violation of an effective order of abatement.
3. A person is creating an imminent and substantial endangerment to the public health or the environment because of a release of a harmful air contaminant,  unless that release is subject to enforcement under title 3,  chapter 2,  article 6.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-513 - Violations; civil penalties

49-513.
Violations;  civil penalties
A. A person who violates any provision of this article,  any permit or permit condition issued pursuant to this article,  any fee or filing requirement,  any rule adopted pursuant to this article,  an effective order of abatement issued pursuant to this article or any duty to allow or carry out inspection,  entry or monitoring activities,  is subject to a civil penalty of not more than ten thousand dollars per day per violation. The county attorney at the request of the control officer shall file an action in superior court to recover penalties provided for in this section.
B. For purposes of determining the number of days of violation for which a civil penalty may be assessed under this section,  if the control officer has notified the source of the violation and makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice,  the days of violations shall be presumed to include the date of such notice and each day thereafter until the violator establishes that continuous compliance has been achieved,  except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature. Notice under this section is accomplished by the issuance of a notice of violation or order of abatement or by filing a complaint in superior court that alleges any violation described in subsection A of this section.
C. In determining the amount of a civil penalty under this section,  the court shall consider all of the following:
1. The seriousness of the violation.
2. As an aggravating factor only,  the economic benefit,  if any,  resulting from the violation.
3. Any history of that violation.
4. Any good faith efforts to comply with the applicable requirements.
5. The economic impact of the penalty on the violator.
6. The duration of the violation as established by any credible evidence including evidence other than the applicable test method.
7. Payment by the violator of penalties previously assessed for the same violation.
8. Other factors as the court deems relevant.
D. All penalties collected pursuant to this section shall be deposited in the special public health fund authorized in section 49-480.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-516 - Preservation of rights

49-516.
Preservation of rights
It is the purpose of this article to provide additional and cumulative remedies to prevent,  abate and control air pollution in the state. Except as prescribed by section 49-402,  subsection C,  nothing contained in this article shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law,  criminal or civil,  nor shall any provisions of this article,  or any act done by virtue thereof,  be construed as estopping the state or any municipality or owners of land from the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-542.03 - Motor vehicle dealer; emissions testing; remedies; definition

49-542.03.
Motor vehicle dealer;  emissions testing;  remedies;  definition
(L14,  Ch. 89,  sec. 4)
A. In area A or area B,  if a motor vehicle dealer sells a motor vehicle that has less than one year remaining before it must undergo an emissions test or has not taken an emissions test pursuant to section 49-542 and that is not covered under a current federal emissions warranty and if the purchaser of the vehicle has the vehicle emissions tested within three days,  excluding holidays,  of the purchase and if the vehicle fails the test,  the dealer shall do one of the following:
1. Rescind the purchase agreement and reimburse the purchaser for the cost of the test.
2. Make repairs at the dealer's expense which bring the vehicle into compliance with the emissions test.
3. Enter into a mutually acceptable alternative agreement with the purchaser.
B. A motor vehicle dealer who sells a vehicle subject to the provisions of subsection A of this section shall provide the purchaser with a written notice of the purchaser's rights pursuant to this section prior to completing the sale transaction. A motor vehicle dealer subject to the provisions of section 49-546,  subsection G shall also provide a written summary of the requirements of section 49-542 to the purchaser. The notice shall be available in English and in Spanish.
C. A motor vehicle dealer who meets the requirements of section 49-546,  subsection G shall conduct the dealer's business pursuant to this section for those vehicles which are required by law to be registered in area A.
D. A motor vehicle dealer in area B who sells a vehicle to a resident of area A may comply with emissions testing requirements pursuant to section 49-542,  subsection F,  paragraph 6 by complying with this section and the tampering inspection pursuant to section 49-542,  subsection G.
E. In this section,  unless the context otherwise requires,  " motor vehicle dealer"  means a dealer who is a fleet operator and who has been issued a permit under section 49-546.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-542.03; Version 2 - Motor vehicle dealer; emissions testing; remedies; definition

49-542.03.
Motor vehicle dealer;  emissions testing;  remedies;  definition
(L21,  Ch. 27,  sec. 4. Conditionally eff.
A. In area A or area B,  if a motor vehicle dealer sells a motor vehicle that has less than one year remaining before it must undergo an emissions test or has not taken an emissions test pursuant to section 49-542 and that is not covered under a current federal emissions warranty and if the purchaser of the vehicle has the vehicle emissions tested within three days,  excluding holidays,  of the purchase and if the vehicle fails the test,  the dealer shall do one of the following:
1. Rescind the purchase agreement and reimburse the purchaser for the cost of the test.
2. Make repairs at the dealer's expense that bring the vehicle into compliance with the emissions test.
3. Enter into a mutually acceptable alternative agreement with the purchaser.
B. A motor vehicle dealer that sells a vehicle subject to subsection A of this section shall provide the purchaser with a written notice of the purchaser's rights pursuant to this section before completing the sale transaction. A motor vehicle dealer that is subject to section 49-546,  subsection G shall also provide a written summary of the requirements of section 49-542 to the purchaser. The notice shall be available in English and in Spanish.
C. A motor vehicle dealer that meets the requirements of section 49-546,  subsection G shall conduct the dealer's business pursuant to this section for those vehicles that are required by law to be registered in area A.
D. A motor vehicle dealer in area B that sells a vehicle to a resident of area A may comply with emissions testing requirements pursuant to section 49-542,  subsection F,  paragraph 5 by complying with this section and the tampering inspection pursuant to section 49-542,  subsection G.
E. For the purposes of this section,  " motor vehicle dealer"  means a dealer that is a fleet operator and that has been issued a permit under section 49-546.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-542.04 - Off-road vehicle and engine standards

49-542.04.
Off-road vehicle and engine standards
A. The department may adopt rules for air pollution emission standards for off-road vehicles and engines marketed in the state beginning with the 1999 model year.
B. The standards may include the following categories:
1. Heavy-duty diesel vehicles rated at 175-750 horsepower.
2. Small utility and lawn and garden equipment engines rated at less than twenty-five horsepower.
3. Recreational vehicles rated at less than twenty-five horsepower.
4. Specialty engines and go-carts rated at greater than twenty-five horsepower.
5. Off-road motorcycles and all terrain vehicles.
C. In a county with a population of more than one million two hundred thousand persons,  the department may adopt rules for air pollution emission standards for golf cart engines.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-542.05 - Alternative fuel vehicles

49-542.05.
Alternative fuel vehicles
A. Except for a vehicle fueled by hydrogen,  the following apply:
1. Each original equipment manufactured alternative fuel vehicle that is registered in or used to commute into area A or area B pursuant to section 49-542,  subsection A is subject to the emissions inspection requirements prescribed in this article.
2. Each alternative fuel vehicle that is not an original equipment manufactured alternative fuel vehicle and that is registered in or used to commute into area A or area B pursuant to section 49-542,  subsection A is subject to the emissions inspection requirements prescribed in this article.
B. Except for a vehicle fueled by hydrogen,  for each vehicle that is registered in or used to commute into area A or area B as prescribed by section 49-542,  subsection A and that is either an original equipment manufactured alternative fuel vehicle or an alternative fuel vehicle that is not an original equipment manufactured alternative fuel vehicle,  the vehicle shall be tested before the vehicle is registered in this state as an alternative fuel vehicle both while operating on gasoline and while operating on alternative fuel,  if applicable. In the sixth registration year and in subsequent years,  the vehicle shall be tested both while operating on gasoline and while operating on alternative fuel,  if applicable,  pursuant to the requirements of section 49-542.
C. The registration renewal notice required for the fourth and fifth registration year of a new original equipment manufactured alternative fuel vehicle shall include a notice to the vehicle owner that even though an emissions inspection test is not required pursuant to subsection B of this section the owner may choose to have an emissions inspection because of vehicle emissions performance warranty limitations on emissions components of the vehicle.
D. The department of environmental quality shall compile and maintain data regarding the results of emissions inspections of all alternative fuel vehicles pursuant to this article.