reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-763 - Inspections

49-763.
Inspections
A. The department may conduct such inspections of solid waste facilities and sites that store,  treat or process recyclable solid waste as are necessary. The department shall give the management agency or the owner or the 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.
B. Until the department adopts rules pursuant to section 49-761 for a particular type of solid waste facility,  solid waste facilities and sites that store,  treat or process recyclable solid waste shall be designed and operated as prescribed by section 49-762.07,  subsection F. The department's right to inspect facilities operating pursuant to this subsection is limited to ensuring that the facility is in compliance with section 49-762.07,  subsection F.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-763.01 - Variances

49-763.01.
Variances
Within ninety days after receipt of a written request for a variance from a solid waste facility owner,  operator or management agency,  the department may grant a variance from solid waste management rules and standards if the department concludes that no violation of health standards will occur. The department may consider whether an environmental nuisance will result. If the request is denied,  the department shall prepare and make available to the management agency or facility owner or operator a written decision including relevant data and a technical analysis supporting the denial. The department shall not grant any variance or temporary authorization to operate under this chapter if the proposed variance conflicts or is inconsistent with the requirements of 40 C.F.R. part 257,  subparts A and B,  40 Code of Federal Regulations part 257,  subpart D or 40 C.F.R. part 258.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-764 - Orders; monitoring; pollution control devices

49-764.
Orders;  monitoring;  pollution control devices
A. Except as otherwise provided in section 49-422 and chapter 3,  article 3 of this title,  the director may require by order the installation of necessary monitoring and pollution control devices at a solid waste facility if the requirements of subsection B of this section have been met.
B. Before issuing an order pursuant to subsection A of this section,  the director shall determine in writing that all of the following conditions are met:
1. The solid waste facility may adversely affect public health or the environment.
2. A monitoring,  sampling or quantification method or a pollution control device is technically feasible for the subject contaminant and the solid waste disposal facility.
3. An adequate scientific basis for the monitoring,  sampling or quantification method or the pollution control device exists.
4. The monitoring,  sampling or quantification method is reasonably accurate or the pollution control device is reasonably effective.
5. The cost of the method or device is reasonable in light of the use to be made of the data or the device.
6. The director has considered the relative cost and the relative accuracy or effectiveness of any alternative method or device that may be reasonable under the circumstances.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-765 - Local regulation of solid waste collection

49-765.
Local regulation of solid waste collection
Each county,  city or town may establish regulations for private collection of solid waste within its area of jurisdiction,  including standards for equipment,  hours of operation,  license fees and insurance requirements as necessary and appropriate to operate a solid waste collection program. Ordinances or regulations authorized by this section and section 49-704 shall be equal to or more stringent than this chapter and rules and regulations adopted by the department under this chapter. If authorized by statute,  each county,  city or town may provide for civil penalties for violation of such ordinances or regulations provided that such penalties do not exceed the penalties authorized by this chapter. A county,  city or town may not provide for or enforce a criminal penalty against a person who refuses to purchase solid waste collection services from a private service provider unless the private service provider contracts with the county,  city or town to provide solid waste collection services and the solid waste collection service is billed through the county,  city or town.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-766 - Agricultural landfills; notice

49-766.
Agricultural landfills;  notice
A. A single family residence located on a farm or ranch of more than forty acres in an unincorporated area may operate on site a landfill for the disposal of solid waste resulting from the residents' household activities. The owner or operator of the farm or ranch shall comply with all of the following:
1. The landfill does not violate the floodplain provisions of section 49-772,  subsection C or the wetland provisions of section 49-772,  subsection D.
2. The owner or operator submits to the local board of supervisors a location map and a written,  general description of the landfill by October 21,  1994,  or if solid waste disposal begins after April 24,  1994,  within thirty days after disposing of solid waste.
3. The landfill does not create an environmental nuisance.
B. A person engaged in farming or ranching on at least forty acres in an unincorporated area may operate an agricultural landfill on the property for disposal of solid waste,  but not hazardous waste,  generated on the property. The person shall comply with all of the following:
1. The landfill does not accept household waste,  household hazardous waste or conditionally exempt small generator waste.
2. The owner or operator submits to the board of supervisors or its designee a location map and a written,  general description of the landfill by October 21,  1994,  or if solid waste disposal begins after April 24,  1994,  within thirty days after disposing of solid waste.
3. The landfill does not violate the floodplain provisions of section 49-772,  subsection C or the wetland provisions of section 49-772,  subsection D.
4. The landfill does not create an environmental nuisance.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-768 - Civil penalties

49-768.
Civil penalties
A person who violates a provision of a rule,  material permit condition or requirement for approval relating to medical waste is subject to a civil penalty of not more than ten thousand dollars for each day for each violation. The attorney general,  at the request of the director,  shall file an action in the superior court in the county in which the violation occurred or in a county in which the department maintains an office to recover civil penalties provided for in this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-771 - Restrictive covenants for solid waste landfills

49-771.
Restrictive covenants for solid waste landfills
A. The director may grant plan approval for operation of a solid waste landfill only if a restrictive covenant has been placed on the disposal area of the facility. An existing solid waste landfill for which a restrictive covenant is executed before July 1,  1998 is deemed to have satisfied this requirement. The director and all of the owners of the tract of land on which the solid waste landfill is located shall execute the restrictive covenant. A certified copy of the recorded covenant shall be submitted to the director within sixty days after execution. If the director does not receive the copy within sixty days,  the director shall send written notice indicating the deficiency to the owners of the real property. If a certified copy of the recorded covenant is not received within thirty days of that written notice,  the plan is deemed void.
B. The owner of the tract of land on which the solid waste landfill is or will be located shall record the instrument imposing the restrictive covenant in the county recorder's office in the county in which the solid waste landfill is located. If the director does not grant plan approval for operation of a solid waste landfill or the application for plan approval is withdrawn,  and the tract of land was not used as a solid waste landfill,  the owner and the director shall revoke the restrictive covenant.
C. The restrictive covenant shall state that the land described in the covenant has been or will be used as a solid waste landfill and that the property owners,  their agents or employees or any of their heirs,  successors,  lessees or assignees shall not engage in development on or in filling,  grading,  excavating,  drilling or mining of the solid waste landfill after closure without the approval of the director unless provided for in the approved facility closure or postclosure plan. In making this determination the director shall consider factors such as the original design,  type of operation,  material deposited,  energy recovery from methane gas and stage of decomposition of the disposal area. The director shall not make any such determination if it will increase the potential for threat to public health and the environment.
D. The director may waive the restrictive covenant prescribed by this section if the land is federal land or if a contract that exists between the landowner and the lessee on October 9,  1993 does not allow the lessee to place an encumbrance on the disposal area.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-773 - Disposal of waste; definition

49-773.
Disposal of waste;  definition
A. No person other than a natural person shall dispose of solid waste at a solid waste landfill within the boundaries of this state unless the facility meets the applicable requirements of titles III and IV of the federal water pollution control act amendments of 1972,  as amended (P.L. 92-500;  86 Stat. 816;  33 United States Code section 1151),  and one of the following:
1. 40 Code of Federal Regulations part 257 as amended on October 9,  1991 and October 1,  1993 and,  if applicable,  beginning October 9,  1993,  40 Code of Federal Regulations part 258,  as promulgated on October 9,  1991 and amended on October 1,  1993.
2. A solid waste facility plan approval pursuant to section 49-762 that was issued after October 1,  1993.
B. For the purposes of this section,  unless the context otherwise requires,  " solid waste"  has the same meaning as provided in section 49-701.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-774 - Landfill washout; abatement costs; definitions

49-774.
Landfill washout;  abatement costs;  definitions
A. If a washout of solid waste from a solid waste landfill occurs,  the director shall issue a cease and desist order pursuant to section 49-142 to the owner or the operator of the solid waste landfill and to any person who disposed of solid waste at that landfill.
B. The director may order the owner or the operator of the landfill and any person who disposed of solid waste at that landfill to abate the washout within a time specified in the order and at the expense of the owner,  operator or other person named in the order. If such persons refuse to comply with the order to abate,  the department may recover from the owner and the operator of the landfill and any person who disposed at the landfill the reasonable costs of abating the washout. No person who disposed of solid waste at the landfill shall be liable for a larger proportion of the abatement cost than the person's proportionate share of solid waste at the landfill. Chapter 1,  article 3 of this title,  relating to environmental nuisances,  shall apply to any action filed by the director and any person who is named in the order.
C. This section does not apply to any washout that occurred before October 9,  1993.
D. This section does not apply to an operation that is exempt from this article on October 9,  1993.
E. The authority provided to the director by this section is in addition to the remedies and authority otherwise provided by law.
F. For purposes of this section:
1. " Person who disposed"  means any person who transported solid waste to the landfill or who made the decision to use the landfill but does not include a natural person.
2. " Washout"  means the carrying away of solid waste off the property of the owner or operator of the landfill by storm water or surface water runoff.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-781 - Compliance orders; appeal; enforcement

49-781.
Compliance orders;  appeal;  enforcement
A. If the director determines that a person is in violation of any provision of article 3 or 4 of this chapter,  a rule adopted pursuant to article 4 or 11 of this chapter or any condition of a coal combustion residuals permit or solid waste facility plan approval issued pursuant to this chapter or is creating an imminent and substantial endangerment to the public health or the environment,  the director may issue an order requiring compliance immediately or within a specified period of time.
B. A compliance order shall state with reasonable specificity the nature of the violation,  a time for compliance,  if applicable,  and the right to a hearing.
C. A compliance order shall be transmitted to the alleged violator by certified mail,  return receipt requested,  or by hand delivery.
D. At the request of the director,  the attorney general may file an action in superior court to enforce orders issued pursuant to this section after the order becomes final.
E. This section does not apply to CCR units until after CCR program approval.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-782 - Actions on approval to operate

49-782.
Actions on approval to operate
A. The director may suspend,  amend,  withdraw,  condition or revoke an approval to operate a solid waste facility if the director determines that the facility is in violation of any rule adopted pursuant to this chapter.
B. The suspension,  amendment,  withdrawal,  conditions or revocation of an approval to operate a solid waste facility shall comply with title 41,  chapter 6,  article 10.
C. The director may require any person who violates a best management practice that is adopted pursuant to section 49-761,  subsection H to comply with the self-certification requirements prescribed by section 49-761,  subsection G and the rules adopted pursuant to that section. The director may require compliance within a reasonable time.
D. The director may require any person who violates section 49-761,  subsection G or any rule adopted pursuant to that section to comply within a reasonable time with the facility plan approval requirements prescribed by section 49-762.04.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-783 - Injunctive relief; civil penalties; costs

49-783.
Injunctive relief;  civil penalties;  costs
A. If the director has reason to believe that a person is in violation of any provision of article 3,  4 or 11 of this chapter,  a rule adopted pursuant to article 4 or 11 of this chapter,  any condition of a coal combustion residuals permit or an approved solid waste facility plan issued pursuant to article 4 of this chapter or that a person is creating an imminent and substantial endangerment to the public health or the environment,  the director through the attorney general may request a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other relief necessary to protect the public health or the environment,  without regard to whether the person has requested a hearing.
B. A person who violates any provision of article 3,  4 or 11 of this chapter,  a rule adopted pursuant to article 4 or 11 of this chapter,  an order issued pursuant to this article,  a coal combustion residuals permit or an approved solid waste facility plan issued pursuant to this chapter is subject to a civil penalty of not more than $1, 000 for each day not to exceed $15, 000 for each violation. At the request of the director,  the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.
C. This section does not apply to CCR units until after CCR program approval.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-785 - Agency orders; appeal

49-785.
Agency orders;  appeal
A. An order issued by the director pursuant to this chapter shall become final unless it is appealed within thirty days of issuance pursuant to title 41,  chapter 6,  article 10.
B. Except as provided in section 41-1092.08,  subsection H,  a final agency order issued pursuant to this article is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-791 - Violation; classification; penalties

49-791.
Violation;  classification;  penalties
A. A person shall not:
1. Practice open burning at a solid waste facility without a variance approval issued by the director.
2. Scavenge at a solid waste facility.
3. Damage or destroy signs posted at a solid waste facility.
4. Dump or dispose of solid waste in violation of this chapter or any applicable rule adopted pursuant to article 4 or 11 of this chapter.
5. Operate a solid waste facility in a manner inconsistent with the solid waste facility plan after it has been approved or any rule adopted pursuant to article 4 or 11 of this chapter.
B. A violation of subsection A of this section is a class 2 misdemeanor.
C. In addition to the penalties prescribed by subsection B of this section or section 13-1603,  subsection B,  a person who violates this section or section 13-1603 shall be subject to a civil penalty in an amount prescribed by section 49-783.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-801 - Definitions

49-801.
Definitions
In addition to the definitions in 40 Code of Federal Regulations,  part 279,  the following definitions apply to this article:
1. " Off-specification used oil"  means used oil which exceeds any of the allowable levels in 40 Code of Federal Regulations section 279.11.
2. " On-specification used oil"  means used oil that is not off-specification used oil.
3. " Used oil"  includes oil that has been contaminated as a result of handling,  transportation or storage.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-803 - Prohibited practices

49-803.
Prohibited practices
A. Used oil shall not be used or disposed of by any of the following methods:
1. Discharge into sewers or waters of the state as defined in section 49-201 except pursuant to a permit issued by appropriate regulatory authorities.
2. Incineration except at a facility authorized to incinerate hazardous waste under section 49-922 or the federal act. Burning for energy recovery is not considered incineration for the purposes of this section,  unless the director determines pursuant to rule that the purpose of the burning is for destruction of listed or characteristic hazardous waste rather than energy recovery.
3. Disposal on land unless the used oil is disposed of in a landfill that is subject to 40 Code of Federal Regulations part 257,  subparts A and B,  or part 258 and that has an approved solid waste facility plan. This prohibition does not apply to used oil that is used as an ingredient in an explosive material.
4. Dispersal as a dust suppressant or contact herbicide.
B. For the purposes of subsection A,  paragraph 3 of this section,  normal minimal leakage from properly maintained vehicles and equipment shall not be considered disposal on land.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-810 - Violation; classification

49-810.
Violation;  classification
A. A person who knowingly violates a provision of the used oil program prescribed by section 49-802 is guilty of a class 2 misdemeanor.
B. An act or omission punishable under this section or any other section of criminal law may be punished under both,  but any punishments,  including fines,  shall be concurrent.
C. A used oil fuel burner is not liable in any criminal proceeding for a violation of this article relating to the burning of off-specification used oil if the used oil fuel burner in good faith relied on the certification of a used oil fuel marketer that the used oil meets the definition of on-specification used oil as defined in this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-811 - Violation; civil penalty

49-811.
Violation;  civil penalty
A. Except as otherwise provided,  a person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day for each violation.
B. The attorney general,  at the request of the director,  shall file an action in superior court to recover civil penalties provided by this section. This subsection shall not be construed to reduce the authority of the attorney general under any other provision of law.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-812 - Compliance orders; injunctive relief

49-812.
Compliance orders;  injunctive relief
A. If the director has reasonable cause to believe that a person is violating a provision of this article or a rule adopted pursuant to this article,  the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particularity the nature of the violation and shall specify either immediate compliance or a time period for compliance which the director determines is reasonable,  taking into account the seriousness of the violation and any good faith efforts to comply with applicable legal requirements. The alleged violator has thirty days from the date of issuance of the order within which to request a hearing pursuant to title 41,  chapter 6,  article 10.
B. If the director has reasonable cause to believe that an order issued pursuant to this section is being violated or that a person is engaging in an act or practice which constitutes a violation for which he is authorized to issue an order pursuant to this section,  the attorney general at the request of the director may apply to the superior court in the county in which the violation is occurring or in which the department maintains an office for a temporary restraining order,  preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.
C. If the director has reasonable cause to believe that a person is engaging in an act or practice which violates any provision of section 49-811,  the attorney general at the request of the director may apply to the superior court for a temporary restraining order,  preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.
D. No provision of this section shall be construed to reduce the authority of the attorney general under any other provision of law.
E. The court,  in issuing any final order in any civil action brought under this section may award costs of litigation,  including reasonable attorney and expert witness fees,  to any substantially prevailing party if the court determines such an award is appropriate.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-813 - Program of education

49-813.
Program of education
A. The director shall conduct a program to educate transporters,  marketers and burners on their responsibilities under this article. The program of education shall include producing and distributing written materials and conducting seminars in various parts of the state. The director shall provide for appropriate public notice of educational programs conducted pursuant to this subsection. The program of education shall commence no later than January 1,  1991,  and continue on a regular basis thereafter.
B. It shall not be a defense or a mitigating factor in a civil or criminal action under this article that the director failed to carry out or inadequately carried out the requirements of subsection A of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-817 - Enforcement powers of the director and inspectors

49-817.
Enforcement powers of the director and inspectors
When necessary for the enforcement of this article and rules adopted pursuant to this article,  the director or the director's authorized agent may enter any commercial,  nonprofit or governmental premises during normal operating hours. The director or the director's authorized agent shall give the owner or operator of the premises the opportunity to have its representative accompany the inspector. If the premises are not open to the public,  the director or the director's authorized agents shall first present agency credentials. Within forty-five days after the date of the inspection the department shall provide to the owner or operator a copy of any inspection report that is produced from that inspection.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-832 - Administration and enforcement by department of environmental quality; powers and duties

49-832.
Administration and enforcement by department of environmental quality;  powers and duties
A. The department of environmental quality shall administer and oversee the enforcement of this article.
B. In addition to its other powers and duties,  the department shall:
1. Prepare,  update and oversee implementation of the Arizona recycling program consistent with the goals of this article.
2. Designate an Arizona recycling coordinator to oversee the program.
3. Serve as the agency of this state for the receipt of monies from the federal government or other public or private institutions.
4. Cooperate with appropriate federal,  state,  interstate and local units of government and with appropriate private organizations in carrying out its duties under this article.
5. Initiate,  conduct and support research,  demonstration projects and investigations and monitor all agency research programs in this state pertaining to recycling and source reduction.
6. Administer and distribute monies in the recycling fund for public education programs on recycling and source reduction that the department believes will provide technical assistance for recycling and source reduction,  for research and for other purposes consistent with this article.
7. Administer and distribute monies in the recycling fund designated for the award of grants established under this article.
8. Adopt rules pursuant to title 41,  chapter 6 to implement,  administer and enforce the provisions of this article.
9. Encourage the use of private industry through contracts for some or all of the requirements of the Arizona recycling program and other activities as may be considered necessary.
10. Monitor municipalities and counties for compliance with sections 9-500.07 and 11-269 concerning an opportunity to engage in recycling and waste reduction.
C. The department of environmental quality,  in consultation with the department of health services regarding matters of public health significance,  shall do both of the following:
1. Initiate,  conduct and support research,  demonstration projects and investigations and coordinate all state agency research programs pertaining to municipal and county solid waste management systems.
2. Spend monies for studies and research with respect to the provisions and goals of this article and the rules adopted under it.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-833 - Public education

49-833.
Public education
A. By May 1,  1992,  the department,  in consultation with the state board of education,  shall implement and conduct a program of public education and provide information to increase awareness of individual responsibility for properly reducing and disposing of solid waste and to encourage participation in recycling,  reuse and source reduction. The program shall communicate the importance of conserving natural resources,  of avoiding harm to the environment or public health and of promoting resource conservation,  recovery and reuse by industry,  this state,  municipalities and counties. The program shall also inform the public of the potential benefits of collecting and recycling potentially hazardous materials including used oil,  batteries and waste tires.
B. The department is the lead agency and promoter for all state programs that provide technical assistance for public education programs. In addition to these coordinating functions,  the department shall encourage recycling and source reduction by:
1. Providing advice and consultation to persons,  businesses and manufacturers on recycling and source reduction techniques.
2. Sponsoring or cosponsoring with public or private organizations technical workshops and seminars on recycling and source reduction.
3. Administering a recycling and source reduction data base and hotline providing referral services to waste generators.
4. Promoting recycling and the use of recycled products.
5. Administering a recycling and source reduction research and development program.
6. Coordinating a recycling and source reduction public education and advertising program that includes the use of existing publications from public and private sources,  as well as publishing necessary new materials on source reduction.
7. Recommending to educational institutions courses and curricula in areas related to recycling and source reduction or encouraging the development of courses in managing solid waste.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-835 - Recycling of plastics; labels

49-835.
Recycling of plastics;  labels
A. The department shall develop and administer a program to encourage the recycling and proper disposal of plastics.
B. By July 1,  1991,  a person shall not distribute,  sell or expose for sale in this state a plastic bottle of sixteen ounces or more up to five gallons and a rigid plastic container of eight ounces or more up to five gallons unless the product has a molded or imprinted label indicating the plastic resin used to produce the plastic container product. The label must appear on the bottom of the plastic container product and must be clearly visible. This label shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangle shall be equilateral,  formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow,  rounded with a short radius. The pointer of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The number and letters shall be as follows:
1. For polyethylene terephthalate,  the letters " PETE"  and the number " 1" .
2. For high density polyethylene,  the letters " HDPE"  and the number " 2" .
3. For vinyl,  the letter " V"  and the number " 3" .
4. For low density polyethylene,  the letters " LDPE"  and the number " 4" .
5. For polypropylene,  the letters " PP"  and the number " 5" .
6. For polystyrene,  the letters " PS"  and the number " 6" .
7. For any other,  the word " OTHER"  and the number " 7" .
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-837 - Recycling fund; use; advisory committee

49-837.
Recycling fund;  use;  advisory committee
A. A recycling fund is established to be administered by the director. The fund consists of monies appropriated by the legislature,  gifts,  grants,  donations and monies derived from the landfill disposal fees in section 49-836. Monies derived from landfill disposal fees are subject to legislative appropriation. Monies in the fund are exempt from lapsing under section 35-190. 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 from the recycling fund shall be used for the following purposes:
1. Grants to or contracts with political subdivisions,  nonprofit organizations or private enterprise for research,  demonstration projects,  new technologies,  market development and source reduction studies and implementation of the recommendations or reports prepared pursuant to this article.
2. Public information,  public education and technical assistance programs concerning litter control,  recycling and source reduction.
3. The collection and administration of monies in the fund.
4. The administration of this article.
5. The administration of the Arizona commerce authority's recycled market development program. At the end of each fiscal year,  any funds not spent by the authority for this purpose shall be returned to the fund.
6. The department's solid waste control program activities prescribed in this chapter and in title 44.
C. In making expenditures pursuant to subsection B,  paragraph 2 of this section,  the director shall ensure that counties having a population of less than five hundred thousand persons receive benefits in proportion to their contributions to the fund.
D. The director shall appoint an advisory committee to advise the director on the use of monies in the recycling fund. The advisory committee shall consist of two representatives from private solid waste collection businesses,  two representatives from private solid waste recycling businesses,  four representatives from political subdivisions that have implemented recycling and source reduction programs,  at least one of whom resides in a county having a population of fewer than five hundred thousand persons,  and one representative of the general public. The members of the committee serve at the pleasure of the director and are not eligible to receive compensation,  and the committee is an advisory committee for purposes of title 38,  chapter 3,  article 3.1.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-851 - Definitions; applicability

49-851.
Definitions;  applicability
A. In this article,  unless the context otherwise requires:
1. " Best management practices"  means a method or combination of methods that is used in the treatment,  storage and disposal of a special waste and that achieves the maximum practical cost effective protection of public health or the environment.
2. " On site"  means at or on the same or geographically contiguous property that may be divided by public or private right-of-way,  provided the entrance and exit between the properties are at a crossroads intersection and access is by crossing as opposed to travel along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way that that person controls and to which the public does not have access are also on-site property.
3. " Petroleum contaminated soils"  means soils excavated for storage,  treatment or disposal containing benzene,  toluene,  ethylbenzene,  total xylenes,  acenaphthylene,  anthracene,  benz(A)anthracene,  benzo(A)pyrene,  benzo(B)fluoranthene,  benzo(K)fluoranthene,  cyrysene,  dibenz(A,  H)anthracene,  fluoranthene,  fluorene,  indenopyrene,  naphthalene or pyrene in concentrations in excess of levels determined by the director pursuant to section 49-152 to protect the public health and the environment.
4. " Shipper"  means a person who transports a special waste in commerce.
5. " Special waste"  means a solid waste as defined in section 49-701.01,  other than a hazardous waste,  that requires special handling and management to protect public health or the environment and that is listed in section 49-852 or in rules adopted pursuant to section 49-855. Special waste does not include return flows from irrigated agriculture,  medical waste,  used oil or by-products of a regulated agricultural activity,  as defined in section 49-201,  that are subject to best management practices under section 49-247,  by-products of livestock,  range livestock and poultry as defined in section 3-1201,  pesticide containers regulated pursuant to title 3,  chapter 2,  article 6 or waste that contains radioactive materials that are subject to a permit or regulation under the atomic energy act of 1954 (42 United States Code section 2011;  68 Stat. 919),  as amended,  or title 30,  chapter 4.
6. " Storage"  means the holding of special waste for a period of not more than one year unless a lesser period of time is designated by the director pursuant to best management practices rules. The director shall not designate a storage time of less than ninety days.
B. Defining or categorizing any material as a special waste under this article shall not affect the duty of care or breach of that duty for a cause of action for personal injury or for a workers' compensation claim arising from the handling of any materials.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-852 - Statutory list of special wastes; best management practices rules; applicability of hazardous waste designation

49-852.
Statutory list of special wastes;  best management practices rules;  applicability of hazardous waste designation
A. The following are designated as special wastes for purposes of this article:
1. Waste that contains petroleum contaminated soils.
2. Waste from shredding motor vehicles.
B. The director shall establish rules for best management practices for these special wastes pursuant to section 49-855.
C. Notwithstanding section 49-856,  the wastes listed pursuant to subsection A of this section are required to comply with those manifest requirements within three months of the adoption of the best management practices.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-854 - Designation of special wastes; criteria; notice; rules

49-854.
Designation of special wastes;  criteria;  notice;  rules
A. The director shall give public notice pursuant to title 41,  chapter 6 of the decision to formally study a waste for possible designation as a special waste pursuant to the criteria established in subsection B of this section.
B. In determining whether a waste shall be designated as a special waste,  the director shall consider the potential adverse effects on public health or the environment from the treatment,  storage,  transportation or disposal of each waste based upon:
1. The acute and chronic toxicity for those wastes including the human or animal data for the following exposures:
(a) Aquatic.
(b) Dermal.
(c) Inhalation.
(d) Oral.
2. The carcinogenic,  mutagenic or teratogenic effects of those wastes on humans or other life forms.
3. The degree to which the wastes or degradation products of those wastes are persistent or bioaccumulative in the environment.
4. Information and studies from other states and the federal government if the committee or director finds them to be derived from standard protocols.
5. Other appropriate scientific data,  environmental testing or analytical data.
C. The director shall give public notice pursuant to title 41,  chapter 6 of the decision to designate or not to designate a waste as a special waste.
D. The director shall by rule,  designate a waste as a special waste and adopt best management practices concerning the special waste pursuant to section 49-855 within eighteen months after giving public notice pursuant to subsection C of this section that a waste will be designated as a special waste.
E. The designation of a waste as a special waste and the adoption of best management practices pursuant to section 49-855 shall occur in the same rule making process.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-856 - Special waste handling requirements; manifest; exemption

49-856.
Special waste handling requirements;  manifest;  exemption
A. The director shall adopt rules by September 1,  1993 that include an Arizona special waste manifest form designed to implement the provisions of this article.
B. Within three months of the adoption of best management practices for a special waste pursuant to section 49-855:
1. A person who generates,  transports,  offers for transportation or receives special waste for off-site treatment,  recycling,  storage or disposal shall comply with the rules adopted pursuant to subsection A of this section.
2. A person who transports a special waste that is defined as a hazardous material,  hazardous substance or hazardous waste in 49 Code of Federal Regulations part 171 shall do so in accordance with the applicable motor carrier safety provisions of 49 United States Code appendix sections 1801 through 1819 and title 28,  chapter 14.
3. A person who arranges for the treatment,  storage or disposal of a special waste shall do so only at a facility approved by the director pursuant to section 49-857 or 49-858.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-857 - Special waste management plans; director; approval; fee

49-857.
Special waste management plans;  director;  approval;  fee
A. Except as provided in section 49-858,  a facility that plans to manage special waste for treatment,  storage or disposal shall apply for and obtain approval of the director.
B. The application shall include all of the following:
1. A complete solid waste facility plan pursuant to section 49-762 that includes a special waste management plan component that complies with best management practices adopted pursuant to section 49-855 for each special waste for that portion of the facility that is engaged in the treatment,  storage or disposal of special waste.
2. Evidence of compliance with permit filing requirements pursuant to this title.
C. The director shall collect from the applicant a reasonable fee based on the state's total costs in processing the plan. The director may amend an existing rule or adopt a new rule to establish criteria for those costs. The rule making is exempt from title 41,  chapter 6,  except that the director shall provide for reasonable notice and a hearing. Monies from fees shall be deposited in the solid waste fee fund established by section 49-881.
D. A facility at which the treatment,  storage or disposal of special waste occurs only as a result of an episodic release at that facility shall not be subject to the special waste management plan requirements of this section. The special waste shall be managed pursuant to applicable best management practices.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-857.01 - Plan; approval; deadline; judicial review

49-857.01.
Plan;  approval;  deadline;  judicial review
A. Within ninety days of receipt of the complete plan and other information prescribed by section 49-857,  subsection B,  the director shall approve in writing any plan or portion of a plan that complies with this article or shall deny in writing any plan or portion of a plan that does not comply with this article.
B. If the director denies a plan or a portion of a plan,  the director shall notify the applicant in writing of the specific reasons for denial within ten days. The applicant has an additional ninety days from receipt of the written denial to file a modified plan addressing the specific deficiencies.
C. Within ninety days of receipt of a modified plan,  the director shall approve or disapprove in writing the modified plan. The director may issue a compliance order to any applicant who has failed to submit a modified plan when required as prescribed by subsection B of this section or whose modified plan has been disapproved.
D. Any major modification from an approved plan is subject to review and approval by the director before implementation.
E. If the director fails to approve or disapprove the plan as prescribed by this section,  the plan is deemed approved. Except as provided in section 41-1092.08,  subsection H,  the director's disapproval of a modified plan is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-858 - Interim use facilities; special waste

49-858.
Interim use facilities;  special waste
A. A facility that is in operation on the effective date of best management practices rules that are applicable to that facility and that are adopted by the director pursuant to section 49-855 and that manages wastes designated as special waste pursuant to this article for treatment,  storage or disposal may continue to manage special waste for treatment,  storage or disposal if all of the following conditions are met:
1. Within sixty days after the effective date of adoption of the best management practices that are applicable to the facility,  the facility submits a notice to the director that contains the following information:
(a) Facility name and mailing address.
(b) Legal description by township,  range and section.
(c) Major design features.
(d) Type and volume of waste handled.
(e) Methods of waste management.
(f) Measures taken to protect the environment and measures taken to protect public health.
(g) A summary of permits from city,  county,  state and federal agencies.
2. The facility files an application containing the information required in section 49-857,  subsection B within one hundred eighty days of the adoption of best management practices.
B. A generator may treat,  store or dispose of special waste at a facility that is managed or operated by that generator and that is in operation on July 3,  1991 if the same conditions prescribed in subsection A of this section are met.
C. The process for plan approval and disapproval shall conform to section 49-857.01.
D. The director shall collect from the applicant a reasonable fee based on the state's total costs in processing the application. The director may amend an existing rule or adopt a new rule to establish criteria for those costs.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-859 - Application to water quality permits

49-859.
Application to water quality permits
A. Neither the classification of a particular type of waste as a special waste nor the adoption or revision of the best management practices criteria constitutes a major modification to a facility with a groundwater quality protection permit or an aquifer protection permit unless that action otherwise meets the definition of new facility prescribed by section 49-201.
B. The director's approval of a special waste management plan either before or after the adoption of best management practices criteria does not constitute a major modification of a facility with a groundwater quality protection permit or an aquifer protection permit unless that action otherwise meets the definition of new facility prescribed by section 49-201.