reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-544 - Emissions inspection fund; composition; authorized expenditures; exemptions; investment

49-544.
Emissions inspection fund;  composition;  authorized expenditures;  exemptions;  investment
A. The emissions inspection fund is established and is subject to legislative appropriation. The emissions inspection fund shall consist of:
1. Monies appropriated to the fund by the legislature.
2. All monies collected pursuant to section 49-543,  subsection A.
3. All monies collected by the director for the issuance of inspection certificates to owners of fleet emissions inspection stations.
4. Monies received from private grants or donations when so designated by the grantor or donor.
5. Monies received from the United States by grant or otherwise to assist this state in any emissions inspection program.
B. Monies in the emissions inspection fund may be used for the following:
1. Enforcement of the provisions of this article related to fleet emissions inspections,  exemptions and certificates of waiver.
2. Payment of contractual charges to independent contractors pursuant to section 49-545.
3. Costs to the state of administering:
(a) The emissions inspection services performed by the independent contractor,  including inspection station auditing,  contractor training and certification,  and motorist assistance.
(b) Travel reduction programs prescribed by this chapter.
4. Other costs of administering and enforcing this article.
C. The department of environmental quality shall approve and provide for the payment of contractual charges to independent contractors and for enforcement of the provisions of this article related to fleet emissions inspections,  exemptions and certificates of waiver.
D. Monies in the emissions inspection fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
E. On notice from the department,  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.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-548 - Improper representation

49-548.
Improper representation
A. A person shall not in any manner represent any place to be an official or fleet emissions inspection station unless such station has been established and is operated under a valid permit issued by the director.
B. A certificate of inspection shall not be issued to any vehicle except by a fleet emissions inspection station established and operating under a valid permit issued by the director. All certificates of inspection shall be serially numbered and shall be strictly accounted for.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-549 - False certificates

49-549.
False certificates
A. A person shall not make,  issue or knowingly use any imitation or counterfeit of an official certificate of inspection or a certificate of waiver.
B. A person shall not issue or cause or permit to be issued for any vehicle any certificate of inspection or a certificate of waiver knowing it to be fictitious or issued for another vehicle or issued without an inspection having been made.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-550 - Violation; classification; civil penalty

49-550.
Violation;  classification;  civil penalty
A. Except as provided in subsection B of this section,  any person who violates any provision of this article or any rule of the director adopted under this article is guilty of a class 2 misdemeanor.
B. Any person who makes or issues any imitation or counterfeit of an official certificate or certificates of inspection or waiver is guilty of a class 5 felony.
C. Any person who knowingly demands or collects a fee for the inspection of a vehicle other than the fee fixed by the director for the inspection of vehicles of the same class is guilty of a class 2 misdemeanor.
D. Any person who makes or provides to the director the written statement required to obtain a certificate of waiver pursuant to section 49-542,  subsection L,  knowing the statement to be false,  is guilty of a class 2 misdemeanor.
E. In addition to any other criminal penalty provided by law,  a person who owns a vehicle and whose residence is located outside of area A or area B but who commutes in that vehicle to the driver's principal place of employment located within area A or area B without complying with this article or who violates section 15-1444,  subsection D or section 15-1627 is subject to a civil penalty of one hundred dollars for a first violation of this subsection. For a second violation of this subsection within a one year period,  a court shall impose a civil penalty of three hundred dollars. A court shall impose a civil penalty of twenty-five dollars for a first time violation of this subsection if the owner presents evidence that the vehicle is in compliance with this article.
F. In addition to any other criminal penalty provided by law,  any dealer who is licensed to sell motor vehicles pursuant to title 28,  chapter 10,  whose place of business is located in area A or area B and who delivers a vehicle that does not conform with this section is subject to a civil penalty of one thousand dollars for a first violation of this subsection. For the second violation of this subsection within a one year period,  a court shall impose a civil penalty of two thousand dollars and a suspension of the dealer's license for a period of ninety days.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-551 - Air quality fee; air quality fund; purpose

49-551.
Air quality fee;  air quality fund;  purpose
A. Every person who is required to register a motor vehicle in this state pursuant to section 28-2153 shall pay,  in addition to the registration fee,  an annual air quality fee at the time of vehicle registration of $1.50. Unless and until the United States environmental protection agency grants a waiver for diesel fuel pursuant to section 211(c)(4) of the clean air act,  every person who is required to register a diesel powered motor vehicle in this state with a declared gross weight as defined in section 28-5431 of more than eight thousand five hundred pounds and every person who is subject to an apportioned fee for diesel powered motor vehicles collected pursuant to title 28,  chapter 7,  articles 7 and 8 shall pay an additional apportioned diesel fee of $10.
B. The registering officer shall collect the fees and immediately deposit,  pursuant to sections 35-146 and 35-147,  the air quality fees in the air quality fund established pursuant to subsection C of this section and shall deposit the diesel fees in the voluntary vehicle repair and retrofit program fund established pursuant to section 49-558.02.
C. An air quality fund is established consisting of monies received pursuant to this section,  gifts,  grants and donations,  and monies appropriated by the legislature. The department of environmental quality shall administer the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. Interest earned on monies in the fund shall be credited to the fund. Monies in the air quality fund shall be used,  subject to legislative appropriation,  for:
1. Air quality research,  experiments and programs conducted by or for the department for the purpose of bringing area A or area B into or maintaining area A or area B in attainment status,  improving air quality in areas of this state outside area A or area B and reducing emissions of particulate matter,  carbon monoxide,  oxides of nitrogen,  volatile organic compounds and hazardous air pollutants throughout the state.
2. Monitoring visible air pollution and developing and implementing programs to reduce emissions of pollutants that contribute to visible air pollution in counties with a population of four hundred thousand persons or more.
3. Developing and adopting rules in compliance with sections 49-426.03,  49-426.04,  49-426.05 and 49-426.06.
D. The department shall transfer $400, 000 from the air quality fund to the department of administration for the purposes prescribed by section 49-588 in eight installments in each of the first eight months of a fiscal year.
E. This section does not apply to an electrically powered golf cart or an electrically powered vehicle.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-551.01 - Diesel vehicle low emissions incentive grants; criteria

49-551.01.
Diesel vehicle low emissions incentive grants;  criteria
(Conditionally Rpld.)
A. The department may award incentive grants from the air quality fund established by section 49-551 for diesel vehicles:
1. To operate on alternative fuel or clean burning fuel.
2. To operate on ultra low sulfur diesel fuel that is used in an engine with an emission control device.
3. Powered by an engine that meets or exceeds an emissions standard for diesel particulate matter of 0.05 grams per brake horsepower hour.
B. A vehicle that is awarded an incentive grant pursuant to this section shall meet the following criteria:
1. The vehicle has a gross vehicle weight rating of at least seventeen thousand five hundred pounds.
2. The vehicle is not a recreational vehicle as defined in section 28-3102.
3. The vehicle is registered in this state and the incentive grant recipient signs a statement,  under penalty of perjury,  that it is the recipient's intent that the vehicle will be registered in this state for at least three years after the date the vehicle is awarded an incentive grant pursuant to this section and that the recipient intends to operate the vehicle more than fifty percent of the time in area A or area B.
4. The vehicle is subject to the financial responsibility requirements prescribed in section 28-4032,  subsection A.
C. An incentive grant awarded pursuant to this section shall provide for real and quantifiable emissions reductions. Engine retrofit or conversions may meet the requirements of subsection A of this section if they have been approved for use by any one of the following:
1. The United States environmental protection agency voluntary retrofit program.
2. The United States environmental protection agency verification protocol for retrofit catalyst particulate filter and engine modification control technologies for highway and nonroad use diesel engines.
3. The California air resources board diesel emission control strategy verification procedure.
4. Sections 43100 and 43102 of the health and safety code of the state of California.
5. Actual emission testing performed on the vehicle.
D. Notwithstanding subsection B,  paragraph 4 of this section,  the director may award incentive grants for school buses and municipal vehicles that otherwise meet the requirements of subsection B of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-552 - Enforcement on city, town, county, school district or special district property

49-552.
Enforcement on city,  town,  county,  school district or special district property
A city,  town or county school district or special district shall prohibit the parking of vehicles which fail to comply with section 49-542 in an employee parking lot under its jurisdiction within area A or area B as defined in section 49-541.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-553 - Vehicle emissions; research; cost analysis

49-553.
Vehicle emissions;  research;  cost analysis
A. The department of environmental quality may conduct research to quantify the effect of vehicular emissions.
B. The department may hire consultants for the purpose of analyzing the costs and benefits of the emissions reduction measures adopted by this chapter and to design and execute and to evaluate the results of any testing program required by this chapter.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-554 - Technical assistance review

49-554.
Technical assistance review
A. The department of environmental quality,  with the assistance of state universities,  may develop a program to:
1. Expedite testing and certification of technological developments related to improving air quality through a reduction in vehicle emissions.
2. Develop incentives to encourage development and innovation of technologies that improve air quality through a reduction in vehicle emissions.
3. Establish a board with technical expertise to assist developers of promising technologies with the emission certification processes of the California air resources board and the United States environmental protection agency. The board shall:
(a) Perform an initial evaluation of the technology,  including a review of existing test data.
(b) Develop procedures to apply those technologies in this state that have been certified by the California air resources board,  the United States environmental protection agency or this state.
(c) Recommend a program of incentives to encourage private entities to use technologies that have been reviewed and approved by the board.
(d) Recommend legislation requiring the use of approved technologies by the state and political subdivisions.
(e) Recommend a credit trading and banking program to encourage innovative solutions to the reduction of emissions from all sources.
B. The department may enter into intergovernmental agreements and memorandums of understanding to accomplish the purposes of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-555 - Retrofit of diesel vehicles

49-555.
Retrofit of diesel vehicles
Entities that are subject to sections 9-500.04,  28-474,  49-474.01 and 49-573 shall comply with the following time schedule for retrofitting their existing diesel vehicles:
1. Twenty-five percent of the diesel fleet vehicles by December 31,  1998.
2. Forty percent of the diesel fleet vehicles by December 31,  1999.
3. Sixty percent of the diesel fleet vehicles by December 31,  2000.
4. Eighty percent of the diesel fleet vehicles by December 31,  2001.
5. One hundred percent of the diesel fleet vehicles by December 31,  2002.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-556 - Low emission vehicle program

49-556.
Low emission vehicle program
A. This state shall participate in the national low emission vehicle program adopted in 40 Code of Federal Regulations part 9,  part 85 and part 86 effective March 9,  1998,  as part of the long-term air quality strategy. The state shall not bear any of the administrative costs of the program. The state retains the authority to adopt any alternative emissions reduction program which demonstrates improved air quality benefits for the state.
B. If this state does not participate in the program prescribed in subsection A,  the state shall adopt the clean fuel fleets program prescribed in 40 Code of Federal Regulations part 88 for state,  federal and political subdivision fleets in nonattainment areas.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-557 - Government vehicles; emissions inspections; noncompliance; vehicle operation privilege suspension

49-557.
Government vehicles;  emissions inspections;  noncompliance;  vehicle operation privilege suspension
A. Each vehicle that is owned by the United States government and that is domiciled in this state for more than ninety consecutive days and each vehicle that is owned by a state or political subdivision of this state shall comply with section 49-542. On compliance,  the department shall issue a government entity compliance sticker for the vehicle. The government entity compliance sticker shall be placed on the vehicle as prescribed by rule adopted by the department.
B. If a vehicle described in subsection A of this section does not have a current government entity compliance sticker,  a law enforcement officer shall issue a citation to the operator of the vehicle for a violation of this section. On receipt of the abstract of conviction for a violation of this section,  the department of transportation shall immediately suspend the privilege to operate the vehicle on the highways of this state until that vehicle complies with section 49-542.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-558 - Voluntary accelerated purchase of tier 2 and 3 equipment; definitions

49-558.
Voluntary accelerated purchase of tier 2 and 3 equipment;  definitions
A. Any person or entity may purchase nonroad equipment that meets tier 2 or tier 3 standards or may retrofit existing equipment to meet tier 2 or tier 3 standards in area A or area B and may send documentation regarding the purchase or retrofit of the equipment to the department. The department shall identify on its internet web site those persons or entities that submit documentation pursuant to this section. If possible,  the information on the web site shall include estimates on the reductions in emissions of conventional pollutants and improvements to visibility in area A and area B that result from the voluntary purchase or retrofit of equipment that meets tier 2 or tier 3 standards.
B. The department shall cooperate with manufacturers,  distributors and sellers of equipment that meets tier 2 or tier 3 standards to determine the extent of availability and use of tier 2 or tier 3 equipment in area A and area B and shall provide information on availability to potential purchasers of that equipment.
C. For purposes of this section:
1. " Tier 2 or tier 3 equipment"  means equipment that meets tier 2 or tier 3 standards.
2. " Tier 2 or tier 3 standards"  means the tier 2 or tier 3 emissions standards for nonroad engines that are established in 40 Code of Federal Regulations section 89.112,  as amended on October 23,  1998.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-571 - Clean burning or alternative fuel requirements for new buses; definitions

49-571.
Clean burning or alternative fuel requirements for new buses;  definitions
A. A city,  town or county which purchases buses for use in a county with a population of more than five hundred thousand persons shall only purchase buses which operate on clean burning fuel or alternative fuel,  except that a city or town in area A,  as defined in section 49-541,  in a county with a population of more than one million two hundred thousand persons,  shall also comply with section 9-500.04,  subsection F.
B. If a city,  town or county is unable to purchase a sufficient number of buses which operate on clean burning fuel or alternative fuel to meet the requirements of subsection A due to the unavailability of those types of buses,  the city,  town or county shall convert a sufficient number of buses in their present fleet which operate on any fuel listed in subsection C so that the number of the converted buses along with the buses operating on clean burning fuel or alternative fuel equals or exceeds the amount required pursuant to subsection A.
C. For the purposes of this article,  " alternative fuel"  and " clean burning fuel"  have the same meaning prescribed in section 1-215.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-572 - Joint use of clean burning or alternative fuel refueling stations

49-572.
Joint use of clean burning or alternative fuel refueling stations
To the extent practicable,  a state agency or political subdivision that operates a clean burning fuel or alternative fuel refueling station shall permit the refueling of vehicles owned or operated by any state agency or political subdivision at the refueling station.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-573 - Emissions controls; federal vehicles

49-573.
Emissions controls;  federal vehicles
A. The operator of a United States government owned vehicle fleet based primarily in this state shall develop and implement a vehicle fleet plan for the purpose of encouraging and progressively increasing the use of alternative fuels and clean burning fuels in United States government owned vehicles. The plan shall include a timetable for increasing the use of alternative fuels and clean burning fuels in fleet vehicles either through purchase or conversion.
B. The timetable shall reflect the following schedule and percentage of vehicles that operate on alternative fuels and clean burning fuels:
1. At least ten per cent of the total fleet by December 31,  1994.
2. At least forty per cent of the total fleet by December 31,  1995.
3. For fleets operating primarily in counties with a population of more than one million two hundred thousand persons according to the most recent United States decennial census,  at least ninety per cent of the total fleet by December 31,  1997 and each year thereafter.
C. The requirements of subsections A and B of this section may be waived on receipt of certification supported by evidence acceptable to the department of environmental quality that the United States government fleet operator is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than thirty per cent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. An entity that receives a waiver pursuant to this section shall retrofit fleet heavy-duty diesel vehicles with a gross vehicle weight of eight thousand five hundred pounds or more,  that were manufactured in or before model year 1993 and that are the subject of the waiver with a technology that is effective at reducing particulate emissions at least twenty-five per cent or more and that has been approved by the United States environmental protection agency pursuant to the urban bus engine retrofit/rebuild program. The entity shall comply with the implementation schedule pursuant to section 49-555.
D. If the requirements of subsections A and B of this section are met by the use of clean burning fuel,  vehicle equivalents under those requirements shall be calculated as follows:
1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215,  paragraph 7,  subdivision (b).
2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1-215,  paragraph 7,  subdivision (d).
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-582 - Travel reduction program regional task force; composition

49-582.
Travel reduction program regional task force;  composition
A. A travel reduction program regional task force is established in area A for the purposes prescribed in this article. The regional public transportation authority established under title 48,  chapter 29 and the regional planning agency for a county with a population of one million two hundred thousand or more persons according to the most recent United States decennial census shall provide assistance to the task force. The task force shall nominate a chairman for the task force who is then officially appointed by the board. The board shall appoint the travel reduction program director to supervise the staff and to be assistant chairman of the task force. The director is not a voting member.
B. The board shall appoint members of the task force in an equitable manner,  including government and private sector representatives from each county in area A. Task force members shall be appointed to serve two year terms,  and membership shall be staggered so that no more than two-thirds of the appointed members' terms expire on January 31 of any year. The board shall determine the method of selection and appointment of task force members,  as provided by law,  ordinance or the guidelines established in this section.
C. The task force members shall be appointed to represent interests affected by the travel reduction program. Candidates for membership must be residents of area A and shall be selected from major employers,  a member or manager of a transportation management association,  an owner or manager of any business park,  industrial park,  office building,  shopping center or other concentration of commercial interests,  a public interest group established to address transportation or air quality issues or political subdivisions within area A.
D. Counties in area A with a population of one million two hundred thousand persons or less according to the most recent United States decennial census may enter into an intergovernmental agreement with a county in area A with a population of more than one million two hundred thousand persons according to the most recent United States decennial census to implement and comply with the requirements of this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-584 - Staff duties

49-584.
Staff duties
The staff shall provide support to the task force and the major employers. The staff shall:
1. Provide assistance to each employer in coordinating data collection,  dissemination of information on air quality,  alternative modes programs,  developing a travel reduction plan and increasing the effectiveness of selected travel reduction measures.
2. Coordinate training programs for major employers to assist them in training their transportation coordinator,  preparing and implementing their travel reduction plans and preparing annual reports.
3. Coordinate survey and data collection activities and overall program monitoring with the task force and the board.
4. Under direction of the task force,  develop an implementation schedule for annual surveys of the major employer community.
5. Assist the task force in developing and implementing policies,  standards and criteria for certifying eligible motor vehicles as being reduced emission vehicles.
6. Assist the task force in developing and implementing policies,  standards and criteria for reduced emission vehicle factors to be applied to the single occupancy vehicle count and the motor vehicle miles traveled count pursuant to section 49-588.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-587 - Voluntary participation

49-587.
Voluntary participation
Nonmajor employers or groups of nonmajor employers are encouraged to participate in data collection and information dissemination efforts and in the preparation of their own travel reduction plans on a voluntary basis. The task force shall assist these groups,  and these groups are eligible for participation in all programs and services. Groups of nonmajor employers are encouraged to form transportation management associations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-589 - Variances

49-589.
Variances
A. The task force shall appoint from its members a committee to serve as a hearing board for major employers requesting variances from all or part of the travel reduction plan schedule.
B. Any major employer wishing a variance from any of the requirements of this article shall make written application to the task force which shall make a determination on the variance. A request for variances shall be finally approved or disapproved within ninety days after the filing of a request by an employer.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-591 - Exemptions

49-591.
Exemptions
A. Employers opening for business,  or hiring,  relocating or otherwise adding employees so as to become subject to the requirements of this section within sixty days before the annual due date for the annual survey,  are not required to submit the survey or plan until the next annual due dates.
B. The task force may grant an exemption to employers from the requirement to attain trip reduction goals specified in section 49-588. Exemptions shall be granted if the employer demonstrates that effective trip reduction strategies were implemented on or after July 1,  1988. Those exemptions may be granted only for the first year in which an employer is subject to this section. Employers shall demonstrate that effective strategies are in place by providing:
1. A detailed description of the trip reduction strategies and how they are implemented.
2. The period of time that the strategies have been in place.
3. Evidence indicating that the strategies have been effective in reducing the proportion of employees commuting by single occupancy vehicles.
C. The task force shall grant an exemption only on finding:
1. The evidence submitted by the employer is valid.
2. The trip reduction strategies have reduced trips at least as much as specified in the trip reduction goals pursuant to section 49-588.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-592 - Appeals

49-592.
Appeals
A. Any major employer or resident of the political subdivision may appeal a decision of the task force to authorize or withhold variances or a decision of the task force regarding enforcement or other provisions of this article.
B. The board shall hear and decide the appeal. If the decision is to disapprove the plan,  the plan shall be returned to the task force for review and revision.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-593 - Violations; civil penalties

49-593.
Violations;  civil penalties
A. On determining a violation of this article the board shall request the county attorney to take appropriate legal action.
B. Violations of any of the following requirements may subject a major employer to increased civil penalties:
1. Failure to collect or supply information requested by the task force.
2. Failure to disseminate information on alternate modes and other travel reduction measures as specified in this article.
3. Failure to designate a transportation coordinator.
4. Failure to submit an approvable travel reduction plan.
5. Failure to implement an approved plan within the time schedule provided or failure to perform a revision of a plan as required by the task force.
C. Failure by a major employer to meet travel reduction goals as prescribed in section 49-588 does not constitute a violation if the major employer is attempting in good faith to meet the goals.
D. Except as provided in subsection C of this section,  any employer that violates the requirements of this article is subject to a civil penalty of not to exceed one hundred dollars for a first violation,  two hundred dollars for a second violation within one year and three hundred dollars for each additional violation within one year. Violations of this article which continue for more than one day constitute separate violations on each day. All civil penalties collected shall be deposited in the county general fund.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-702 - Authorization to accept funds or grants

49-702.
Authorization to accept funds or grants
The department,  counties and incorporated cities and towns may accept and expend any funds granted to them or otherwise made available by the federal government,  any political subdivision of this state,  any agency or branch of the federal or state government,  or any private agency in order to carry out the purposes of this chapter.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-703 - Joint operation

49-703.
Joint operation
A. The department may cooperate with,  coordinate or enter into agreements and memoranda of understanding with appropriate federal,  state,  political subdivision and tribal governments,  and with other appropriate persons,  both public and private,  in carrying out its duties and promoting its objectives under this chapter.
B. Each county,  city or town may exercise authority to jointly own or operate,  with any other person,  any public facility within this state and also may enter into cooperative agreements as necessary and appropriate for the operation of any public facility.
C. Each county,  city or town may,  either alone or in combination with any other county,  city or town,  contract with any person to provide any service required or authorized by this chapter.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-704 - Applicability of chapter to local regulations and services

49-704.
Applicability of chapter to local regulations and services
This chapter does not prevent any county,  city or town from adopting and enforcing any ordinance,  resolution or other policy relating to solid waste regulation or solid waste services if such policy is otherwise authorized by statute or charter and is not in conflict with this chapter or any rule or regulation adopted pursuant to this chapter.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-706 - Waste programs general permits; rules

49-706.
Waste programs general permits;  rules
A. The department may establish a general permit for any permit or license issued pursuant to this chapter. The general permit consists of the following:
1. The director may issue by rule a general permit for a defined class of facilities,  activities or practices if all of the following apply:
(a) The cost of issuing individual permits or licenses cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits.
(b) The facilities,  activities or practices in the class are substantially similar in nature.
(c) The director is satisfied that appropriate conditions under a general permit for operating the facilities or conducting the activity or practice will meet the applicable requirements prescribed in this chapter for the facility,  activity or practice.
2. In addition to other applicable enforcement actions,  if a person is in substantial noncompliance with the conditions of a general permit,  the director may revoke coverage under the general permit for that person and require that the person obtain an individual permit. A general permit may be revoked,  modified or suspended by rule if the director determines that any of the conditions prescribed in paragraph 1 no longer apply.
3. Rules adopted pursuant to paragraph 1 may require a person seeking coverage under a general permit to notify the director of the person's intent to operate pursuant to the general permit and to pay the applicable fee established by the director by rule.
B. After the effective date of this amendment to this section,  the director shall establish by rule fees for general permits pursuant to this section,  including maximum fees. As part of the rule making process,  there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30,  2013,  the director shall not increase those fees by rule without specific statutory authority for the increase. Fees collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the solid waste fee fund established by section 49-881.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-721 - Statewide solid waste management plan

49-721.
Statewide solid waste management plan
The department shall prepare and keep current a statewide solid waste management plan which establishes standards for solid waste facilities in cooperation with facility owners or operators,  local governments and management agencies. The department shall notify solid waste management agencies and facility owners or operators of proposed changes to the plan at least three months prior to submission of the plan to the director for adoption. The department shall update and readopt the plan as determined necessary by the director.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-722 - Planning and technical assistance

49-722.
Planning and technical assistance
A. The department may provide technical and planning assistance as appropriate to solid waste facility owners or operators and management agencies,  including the training of personnel.
B. Each county,  city or town may render technical assistance as appropriate to the state,  counties,  municipalities,  local agencies,  local health officers,  private industries and others in the planning and operation of solid waste facilities.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-723 - Research and development

49-723.
Research and development
A. The department may initiate,  conduct and support research,  development and demonstration projects and programs directed toward improving solid waste management,  resource conservation and resource recovery methods,  techniques,  systems and facilities,  or for preventing or mitigating the adverse effects of environmental pollution.
B. Each county,  city or town may conduct studies and investigations regarding new or improved methods of solid waste management and may coordinate the studies with other agencies.
C. If the research,  development or demonstration project is subject to solid waste facility plan requirements pursuant to section 49-762,  the department may exempt the project from some or all of the plan review requirements for no more than one year.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-741 - Local public facilities for solid waste management

49-741.
Local public facilities for solid waste management
Each county,  city or town shall:
1. Provide or otherwise ensure proper arrangements are made for public facilities at such intervals and as conveniently as the governing body deems necessary for the safe and sanitary disposal of solid waste generated within its jurisdiction but need not duplicate a service provided by a private enterprise or another political subdivision.
2. Comply with regulations adopted by the director in the administration of solid waste management programs.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-746 - Private enterprise recycling and solid waste management; definitions

49-746.
Private enterprise recycling and solid waste management;  definitions
A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from delivering recycling or solid waste management services to commercial,  industrial or multifamily residential properties within or to the municipality.
B. The municipality shall prescribe rules for the delivery of recycling and solid waste management services for commercial,  industrial and multifamily residential properties that promote availability of these services and competition in the delivery of these services.
C. A municipality of this state shall not be mandated to provide recycling and solid waste management services to commercial,  industrial and multifamily residential properties.
D. Multifamily residential properties shall provide the applicable municipality with at least a sixty calendar day notice to terminate recycling or solid waste management services.
E. For the purposes of this section:
1. " Dwelling unit"  has the same meaning prescribed in section 33-1310.
2. " Multifamily residential properties"  means any real property that has one or more structures and that contains five or more dwelling units for rent or lease that are subject to title 33,  chapter 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-747 - Annual registration of solid waste landfills; fee; disposition of revenue

49-747.
Annual registration of solid waste landfills;  fee;  disposition of revenue
A. All solid waste landfills shall be registered annually with the department.
B. The director shall establish a procedure for mailing registration forms each year to the owners of all solid waste landfills. The registration is valid for one year from the date of registration.
C. At the time of registration the owner of a solid waste landfill shall pay to the department an annual fee. After the effective date of this amendment to this section,  the department shall establish by rule an annual fee,  including a maximum fee. As part of the rule making process,  there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30,  2013,  the department shall not increase that fee by rule without specific statutory authority for the increase.
D. All monies collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the solid waste fee fund established by section 49-881. The director may authorize the expenditure of monies from the solid waste fee fund to pay the reasonable and necessary costs of administering the registration program pursuant to section 49-881.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-762 - Facilities requiring solid waste facility plans; exemption

49-762.
Facilities requiring solid waste facility plans;  exemption
A. The owner or operator of the following solid waste facilities shall obtain approval of a solid waste facility plan in accordance with sections 49-762.03 and 49-762.04:
1. Solid waste land disposal facilities except those facilities regulated by 40 Code of Federal Regulations part 257,  subpart D or the coal combustion residuals program established pursuant to article 11 of this chapter and approved by the United States environmental protection agency in accordance with 42 United States Code section 6945(d)(1).
2. Biosolids processing facilities.
3. Medical waste facilities.
4. Special waste facilities.
5. Municipal solid waste landfills.
6. Commercial or government-owned household waste composting facilities.
7. A site at which at least five hundred waste tires are stored on any day and any tire is stored for more than twelve months unless the site is a waste tire collection site owned by a municipality or a county.
B. Facilities that obtain and maintain coverage under a general permit established by the department pursuant to section 49-706 are exempt from submitting a solid waste facility plan pursuant to this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-762.01 - Facilities requiring self-certification

49-762.01.
Facilities requiring self-certification
The owner or operator of all solid waste facilities that are not listed in either section 49-762 or 49-762.02 or are not regulated under 40 Code of Federal Regulations part 257,  subpart D or under article 11 of this chapter in a program approved by the United States environmental protection agency shall comply with self-certification procedures prescribed by section 49-762.05. A waste tire facility that is not required to obtain solid waste facility plan approval pursuant to section 49-762,  paragraph 7 must comply with self-certification procedures as prescribed in section 49-762.05.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-762.02 - Facilities subject to best management practices; rules

49-762.02.
Facilities subject to best management practices;  rules
The following solid waste facilities are subject to best management practices adopted in accordance with section 49-761,  subsection H:
1. Transfer facilities that have a daily solid waste throughput of one hundred eighty cubic yards or less.
2. Recycling facilities that are located off site,  that are used for the collection of recyclable material,  that have a storage capacity of one hundred eighty cubic yards or less and that store the recyclable material for less than ninety days.
3. Recycling facilities that are located on site and that are used solely for the collection and storage of recyclable material for less than one hundred eighty days.
4. Closed loop recycling facilities that are located at the site of waste generation.
5. A site at which more than five hundred and fewer than five thousand waste tires are stored on any day and that is not required to obtain solid waste facility plan approval pursuant to section 49-762,  subsection A,  paragraph 7.
6. A solid waste facility where only asbestos-containing waste materials from manufactured products are stored,  processed,  treated or disposed. The best management practices for these facilities that shall apply are as follows:
(a) For solid waste facilities handling asbestos-containing waste materials that are regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61,  subpart M:
(i) The national emission standards for hazardous air pollutants that are incorporated by reference in the rules adopted pursuant to chapter 3 of this title.
(ii) For solid waste land disposal facilities that are not municipal solid waste landfills,  40 Code of Federal Regulations part 257,  subparts A and B.
(iii) For solid waste land disposal facilities,  financial assurance pursuant to the requirements and time frames of section 49-770.
(iv) Solid waste facility notification pursuant to section 49-762.05,  subsection B,  paragraph 5.
(v) Compliance with local zoning laws or section 49-767,  if applicable.
(b) For solid waste facilities handling asbestos-containing waste materials that are not regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61,  subpart M:
(i) Compliance with section 49-762.07.
(ii) Compliance with local zoning laws or section 49-767,  if applicable.
7. Any other solid waste facility that the director determines by rule should be subject to best management practices.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-762.08 - Corrective actions; application

49-762.08.
Corrective actions;  application
A. The director,  in the absence of applicable corrective action rules adopted pursuant to section 49-761 for solid waste facilities other than solid waste landfills,  may require the owner or operator of a solid waste facility to conduct corrective action in response to a release,  as defined in section 49-281,  from a facility,  if the release violates or results from a violation of section 49-762.07,  subsection F or causes or threatens to cause a significant adverse effect on human health or the environment.
B. Corrective action taken pursuant to this section shall be conducted in accordance with standards described in section 49-282.06,  subsection A,  subsection B,  paragraph 4,  subdivisions (a) and (b) and subsections C,  D and F.
C. This section shall not apply to the following:
1. Corrective or remedial action of groundwater that has been impacted by an off-site source.
2. A release subject to a corrective action pursuant to chapter 6 of this title relating to underground storage tanks.
3. A release from a facility subject to the provisions of 40 Code of Federal Regulations part 257,  subpart A and B,  or part 258.
D. The department shall avoid practices or requirements that duplicate or are inconsistent with other applicable laws and rules,  to the maximum extent practicable,  for releases subject to corrective actions pursuant to any of the following:
1. Chapter 2,  article 3 of this title relating to aquifer protection permits.
2. Chapter 5 of this title relating to hazardous waste.
3. The federal water pollution control act amendments of 1972 (P.L. 92-500;  86 Stat. 2795;  42 United States Code sections 6901 through 6992).
E. For a release from a solid waste facility that was caused or contributed to by more than one responsible party,  prescribed in section 49-283,  the director's authority to require corrective action under this section is limited to releases that occur after July 1,  1998,  and when the owner or operator of the solid waste facility was subject to regulation pursuant to this chapter. This subsection does not extend or limit the application of chapter 2,  article 5 of this title.
F. For a release from a solid waste facility subject to 40 Code of Federal Regulations part 257,  subparts A and B,  or part 258,  the corrective action shall be conducted in accordance with those regulations.