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2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6806 - Judicial review

48-6806.
Judicial review
A. An owner or other person claiming an interest in the property or a qualified elector who filed a written objection and who presented testimony or evidence at the hearing may seek review of the order forming the district and the decision of the governing body at the hearing by filing,  within thirty days after the adoption of the resolution prescribed in section 48-6805 that formed the district,  a petition for special action with the court of appeals. The special action shall be governed by the rules of civil procedure relating to special actions so far as applicable and not in conflict with this article. The governing body shall transmit the transcript of the hearing,  the order forming the district and the affidavits of mailing and publication of the notice and resolution of intent to form the district to the court of appeals. The petitioner shall bear the cost of preparing the record for appeal. The court of appeals shall place the special action on its calendar and give it precedence for hearing over all other civil actions except election contests. The review shall be limited to a review of the transcript of the hearing,  the order forming the district and the affidavits of mailing and publication of the notice and resolution declaring the governing body's intention to form the district. The court may review,  on the merits,  whether the formation of the district and the adoption of the general plan complied with this article and the laws and constitution of this state and whether land is benefited by the district.
B. Land in an area deleted by order of the court or in a district ordered by the court to not be formed may not be included in a revitalization district for one year after the date the court's order is entered unless otherwise provided in the court's order or otherwise agreed to by the owner.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6807 - Formation

48-6807.
Formation
A. If the formation of the district is approved,  the governing body of each entity on adoption of the resolution forming the district shall appoint the initial directors of the district board,  set the district boundaries and order that a map showing the district boundaries be drawn and a copy of the order forming the district be delivered to the county assessor and the board of supervisors of the county in which the district is located and to the department of revenue. A notice of the formation showing the number and date of the order and giving a description of the land included in the district shall be recorded with the county recorder. The district shall not be deemed formed until a resolution is approved by each participating city,  town or Indian tribe or community.
B. On its formation,  the district is a special purpose district for purposes of article IX,  section 19,  Constitution of Arizona,  a tax levying public improvement district for the purposes of article XIII,  section 7,  Constitution of Arizona,  and a municipal corporation for all purposes of title 35,  chapter 3,  articles 3,  3.1,  3.2,  4 and 5. Except as otherwise provided in this section,  a district is considered to be a municipal corporation and political subdivision of this state,  separate and apart from the municipality. Notwithstanding any other law,  a district formed pursuant to this article does not have the power of eminent domain and does not have the power to enact zoning ordinances.
C. On formation of the district,  the district board shall administer the implementation of the general plan for the infrastructure of the district and any development agreement entered into pursuant to section 9-500.05 between the governing body and any owners of land in the district. The district board shall be considered a party to that agreement.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6809 - Perpetual succession

48-6809.
Perpetual succession
The district has perpetual succession,  except that the district may be dissolved as provided in section 48-6819 and,  if the district does not have any bonds or other obligations outstanding,  shall be dissolved ten years after the date of formation unless the governing bodies of the participating municipalities by resolution extend the district by an additional period of ten years.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6810 - Records; board of directors; open meetings

48-6810.
Records;  board of directors;  open meetings
A. The district shall keep the following records,  which shall be open to public inspection:
1. Minutes of all meetings of the district board.
2. All resolutions.
3. Accounts showing all monies received and disbursed.
4. The annual budget.
5. All other records required to be maintained by law.
B. If a vacancy occurs on the district board because of death,  resignation or inability of the director to discharge the duties of director,  the vacancy shall be filled by appointment made by the governing body. A director appointed by the governing body shall hold office for the remainder of the unexpired term until the member's successor is elected as provided by this article. A director shall not be an elected official of the municipality or Indian tribe or community or an employee or agent of the municipality or Indian tribe or community but may be a director of more than one district.
C. The board of directors shall comply with title 38,  chapter 3,  article 3.1 as a separate political subdivision.
D. The district clerk and district treasurer shall be the clerk of the municipality and the treasurer of the municipality,  respectively,  unless the district board appoints a district clerk and district treasurer.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6812 - Finances

48-6812.
Finances
The projects to be constructed or acquired as shown in the general plan may be financed from the following sources of revenue:
1. Proceeds received from the sale of bonds of the district.
2. Monies of the municipality or Indian tribe or community contributed to the district.
3. Special assessments.
4. State or federal grants or contributions.
5. Private contributions.
6. User,  landowner and other fees and charges.
7. Proceeds of loans or advances.
8. Any other monies available to the district by law.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6813 - Budget

48-6813.
Budget
On or before July 15 each year,  the district treasurer shall prepare a proposed budget for the ensuing fiscal year to be submitted to the district board for approval. The board shall indicate its approval of the budget by resolution,  which shall provide for a hearing on the budget as approved. The participating entities may review the proposed annual budget and may submit written comments to the board for its assistance and information in adopting its annual budget. At the conclusion of the budget hearing,  the district board,  by resolution,  shall adopt the budget as finally approved by the board. The budget shall be adopted before October 1 each year.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6814 - Revenue bonds; fees and charges

48-6814.
Revenue bonds;  fees and charges
A. At any time after the hearing on formation of the district,  the district board may hold a hearing on the question of authorizing the district board to issue revenue bonds of the district to provide monies for any infrastructure purposes consistent with the general plan.
B. If revenue bonds are approved by resolution,  the district board may issue and sell revenue bonds of the district.
C. If the bonds are to be sold in a public offering,  no bonds may be issued by the district unless the bonds receive one of the four highest investment grade ratings by a nationally recognized bond rating agency.
D. The district board may pledge to the payment of its revenue bonds any revenues of the district or revenues to be collected by the municipality in trust for the district and returned to the district.
E. The district shall prescribe fees and charges,  and shall revise them when necessary,  to generate revenue sufficient,  together with any monies from the sources described in section 48-6812,  to pay when due the principal and interest of all revenue bonds for the payment of which revenue has been pledged. The establishment or revision of any rates,  fees and charges shall be identified and noticed concurrently with the annual budget process of the district pursuant to section 48-6813.
F. If,  in the resolution of the district board,  the revenues to be pledged were limited to certain types of revenues,  only those types of revenues may be pledged and only those revenues must be maintained.
G. No holder of revenue bonds issued under this article may compel any exercise of the taxing power of the district or municipality to pay the bonds or the interest on the bonds. Revenue bonds issued under this article are not a debt of the district or municipality,  nor is the payment of revenue bonds enforceable out of any monies other than the revenue pledged to the payment of the bonds.
H. The district may issue and sell refunding bonds to refund any revenue bonds of the district.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6816 - Terms of bonds

48-6816.
Terms of bonds
With respect to any bonds the district board shall prescribe the denominations of the bonds,  the size of each issue and the form of the bonds and shall establish the maturities,  interest payment dates and interest rates,  whether fixed or variable,  not exceeding the maximum rate stated in the notice of the election or the resolution of the district board. The bonds may be sold by competitive bid or negotiated sale for public or private offering at,  below or above par. If the bonds are sold below par,  the aggregate amount of discount and interest to be paid on the bonds shall not exceed the amount of interest that would have been payable on those bonds pursuant to the maturity schedule prescribed by the district board at the maximum rate set out in the bond resolution. The proceeds of the sales shall be deposited with the treasurer,  or with a trustee or agent designated by the district board,  to the credit of the district to be withdrawn for the purposes provided by this article. Pending that use,  the proceeds may be invested as determined by the district. The bonds may contain such terms,  conditions,  covenants and agreements as the district board deems proper. The bonds may be payable from any combination of revenues or special assessments of the types described in this article and as specified in the bonds if all applicable requirements are met.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6817 - District taxes; annual financial estimate and budget

48-6817.
District taxes;  annual financial estimate and budget
A. At any time after the hearing on formation of the district,  the district board,  or,  if before formation,  the governing body,  may call an election to submit to the persons who are eligible to vote in the district as prescribed in section 48-6818 and the qualified electors of the district the question of authorizing the district board to levy an ad valorem tax on the assessed value of all the real and personal property in the district at a rate or rates that do not exceed the maximum rate or rates specified in the ballot. All taxes shall be used for the operation and maintenance expenses of the district,  excluding expenses for an area described in section 48-6808,  subsection E,  and shall not exceed an amount equal to thirty cents per one hundred dollars of assessed valuation for all real and personal property in the district,  unless a higher rate is approved by a petition signed by the owners of at least fifty-one per cent of the net assessed value of the property of the district and a petition signed by at least fifty-one per cent of the property owners of the district. The district board by simple majority vote may reduce or eliminate any portion of the tax imposed by the district.
B. The district may not levy at a rate or rates in excess of the maximum rate then in effect.
C. When levying an ad valorem tax,  the district board shall make annual statements and estimates of the operation and maintenance expenses of the district and the amount of all other expenditures for infrastructure and enhanced municipal services proposed to be paid from the tax levy or levies,  all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district. The district board shall file the annual statements and estimates with the clerk. The district board shall publish a notice of the filing of the estimate,  shall hold hearings on the portions of the estimate not relating to debt service on bonds and shall adopt a budget. The board,  on or before the date set by law for certifying the annual budget of the county or municipality,  shall fix,  levy and assess the amounts to be raised by ad valorem taxes of the district and shall cause certified copies of the order to be delivered to the board of supervisors and to the department of revenue. All statutes relating to the levy and collection of general county taxes,  including the collection of delinquent taxes and sale of property for nonpayment of taxes,  apply to the district taxes provided for by this section.
2023 Arizona Revised Statutes › Title 48 - Special Taxing Districts › § 48-6819 - Dissolution of district

48-6819.
Dissolution of district
A. The district may be dissolved by the district board by a resolution of the district board if the following conditions exist:
1. All of the real and personal property owned by the district has been or will be conveyed to a municipality.
2. Either the district has no bonds or obligations or the municipality has assumed all of the obligations of the district.
B. The district board shall comply with the conditions prescribed by subsection A and shall dissolve the district if both of the following occur:
1. The governing body has consented to comply with the conditions prescribed by subsection A and either:
(a) Dissolution has been approved by a vote of the property owners of the district voting in an election called for that purpose.
(b) The governing body determines that the district has been inactive for at least five consecutive years and has no future purpose.
2. The district board adopts a resolution dissolving the district and records the resolution in the office of the county recorder.
C. The district board may call such an election and shall call such an election if requested to do so in a petition signed by ten per cent of the property owners of the district.
D. The election shall be called and held in the same manner as an assessment levy election,  except that the ballot shall contain the words " dissolution,  yes"  and " dissolution,  no" .
E. All property in the district,  except federal,  state,  county and municipal property,  remains subject to the lien for the payment of ad valorem taxes levied,  and any property subject to a special assessment lien remains subject to the lien notwithstanding dissolution of the district. The district may not be dissolved if any revenue or assessment bonds of the district remain outstanding unless an amount of money sufficient,  together with investment income thereon,  to make all payments due on the revenue bonds either at maturity or prior redemption has been deposited with a trustee or escrow agent and pledged to the payment and redemption of the bonds. The district may continue to operate after dissolution only as needed to collect money and make payments on any outstanding bonds.
F. If a proposal for dissolution is approved and the district is an Arizona state retirement system employer before the dissolution,  the governing body of the district shall notify the director of the Arizona state retirement system of the dissolution.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-101 - Definitions

49-101.
Definitions
In this title,  unless the context otherwise requires:
1. " Approximately equal"  means,  for purposes of fees adopted pursuant to section 49-480,  excluding per ton emissions fees,  an amount that is not greater than ten per cent more than the fees or costs charged by the state for similar state permits or approvals.
2. " Department"  means the department of environmental quality.
3. " Director"  means the director of environmental quality who is also the director of the department.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-102 - Department of environmental quality; director; deputy director; division directors; divisions

49-102.
Department of environmental quality;  director;  deputy director;  division directors;  divisions
A. The department of environmental quality is established.
B. The governor shall appoint a director of environmental quality pursuant to section 38-211. The director shall administer the department and serve at the pleasure of the governor. The director is entitled to receive compensation as determined under section 38-611. The director shall appoint a deputy director and,  subject to legislative appropriation,  may appoint division directors if necessary. The positions of director and deputy director are exempt from title 41,  chapter 4,  articles 5 and 6 relating to state service.
C. To be eligible for appointment as director a person must have a background or experience in one or more of the following areas:
1. Public administration.
2. Planning.
3. Personnel management.
4. Law.
5. Environmental science.
D. The director may organize the department into divisions as he deems appropriate.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-103 - Department employees; legal counsel

49-103.
Department employees;  legal counsel
A. The director,  subject to title 41,  chapter 4,  article 4 and,  as applicable,  articles 5 and 6,  shall employ,  determine the conditions of employment and specify the duties of administrative,  secretarial and clerical employees as he deems necessary.
B. The attorney general shall be the legal advisor of the department and shall give legal services as the department requires. Compensation for personnel assigned by the attorney general to perform such services shall be a charge against appropriations to the department. The attorney general shall prosecute and defend in the name of this state all actions necessary to carry out the provisions of this title.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-106 - Statewide application of rules

49-106.
Statewide application of rules
The rules adopted by the department apply and shall be observed throughout this state,  or as provided by their terms,  and the appropriate local officer,  council or board shall enforce them. This section does not limit the authority of local governing bodies to adopt ordinances and rules within their respective jurisdictions if those ordinances and rules do not conflict with state law and are equal to or more restrictive than the rules of the department,  but this section does not grant local governing bodies any authority not otherwise provided by separate state law.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-107 - Local delegation of state authority

49-107.
Local delegation of state authority
A. The director may delegate to a local environmental agency,  county health department,  public health services district or municipality any functions,  powers or duties which the director believes can be competently,  efficiently and properly performed by the local agency if the local agency accepts the delegation and agrees to perform the delegated functions,  powers and duties according to the standards of performance required by law and prescribed by the director.
B. Monies appropriated or otherwise made available to the department for distribution to local agencies may be allocated or reallocated in a manner designed to assure that the recognized local activities and the delegated functions,  powers and duties are accomplished according to the applicable standards of performance.
C. The director may terminate,  for cause,  all or part of the delegation and reallocate all or part of any monies that may have been conditioned on the further performance of the delegated functions,  powers and duties.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-108 - Hazardous materials emergency response operations

49-108.
Hazardous materials emergency response operations
The director of environmental quality shall establish a hazardous materials emergency response and recovery organizational unit in the department to function as the scientific support,  health,  safety and environmental element of the hazardous materials emergency management program pursuant to section 49-123. On request from the department of health services and at the direction of the director of environmental quality,  the unit shall perform appropriate soil and water sampling for toxic and other harmful effects on the public health and the environment in areas that have been affected by a chemical or other toxic fire.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-110 - Compliance order; hearing; judicial review; enforcement

49-110.
Compliance order;  hearing;  judicial review;  enforcement
A. If the director has reasonable cause to believe that a person is in violation of section 49-109,  article 2 of this chapter or a rule adopted pursuant to article 2 of this chapter,  the director may issue an order requiring compliance immediately or within a specified time period.
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. A compliance order becomes final and enforceable in the superior court unless within thirty days after the receipt of the order the alleged violator requests a hearing before an administrative law judge. If a hearing is requested,  the order does not become final until the administrative law judge has issued a final decision on the appeal. Except as provided in section 41-1092.08,  subsection H,  any final agency order issued pursuant to this section is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
E. If a violator fails to comply with a compliance order issued pursuant to subsection A of this section,  the director may issue an order assessing a civil penalty of not more than one thousand dollars for each day of continued noncompliance with the order,  not to exceed twenty-five thousand dollars.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-111 - Permit application; plan approval; notice to counties, cities or towns

49-111.
Permit application;  plan approval;  notice to counties,  cities or towns
For any application for a permit or plan approval,  substantial change to a plan or significant revision or modification to a permit requested pursuant to this title,  the director shall notify the appropriate county,  city or town by sending a copy or notice of the application or change describing the purpose and scope of the proposed activity. The director shall not release any confidential information or trade secrets in the copy or notice.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-113 - Fees; unpaid amounts; penalties; audits

49-113.
Fees;  unpaid amounts;  penalties;  audits
A. For self-reported fees in this title,  the director shall require the payer to sign a certification that the amount reported is accurate.
B. The director shall collect interest on the unpaid amount of every payment,  fee,  self-reported fee,  tax,  assessment,  cost and penalty authorized by this title at the rate determined pursuant to section 42-1123 from the date required for payment until the full amount is paid. If nonpayment is due to wilful neglect,  the director shall also collect an additional five per cent penalty of up to twenty-five per cent of the amount due for each month or fraction of a month the amount is past due. All monies collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
C. The director may require a person who is required to make a payment pursuant to this title to appear at reasonable times and on reasonable notice at the director's office and produce records and information that are specified in the notice to determine compliance with this title.
D. The director shall audit the records of a sufficient number of persons under this section to ensure general compliance with its requirements.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-114 - Appeals of agency decisions

49-114.
Appeals of agency decisions
Notwithstanding any other administrative proceeding established in this title or by rule,  all appealable agency actions as defined in section 41-1092 and contested cases as defined in section 41-1001 shall be governed by title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-115 - Indirect cost fund; use; exemption

49-115.
Indirect cost fund;  use;  exemption
A. A department of environmental quality indirect cost fund is established. Federal monies and other monies obtained for the purposes of reimbursing the department for costs shall be deposited,  pursuant to sections 35-146 and 35-147,  in the fund.
B. Subject to legislative appropriation,  monies in the fund shall be used for administrative personnel and overhead costs associated with administering federal programs and other programs paying assessments into the fund.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-117 - Supplemental environmental project; requirements; nexus

49-117.
Supplemental environmental project;  requirements;  nexus
A supplemental environmental project that is initiated or accepted by the department shall comply with this section,  shall advance at least one of the objectives of the environmental statutes that are the basis of the enforcement action and shall have an adequate nexus. A nexus exists only if any of the following apply. The proposed project:
1. Is designed to reduce the likelihood that similar violations will occur in the future.
2. Reduces the adverse impact to public health or the environment to which the violation contributes.
3. Reduces the overall risk to public health or the environment potentially affected by the violation.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-118 - Notice of violation; hazardous condition; federal agency

49-118.
Notice of violation;  hazardous condition;  federal agency
A. The department may issue a notice of violation to a federal agency as a potentially responsible party for the discharge of pollutants if both of the following occur:
1. The federal agency designates an area of this state as under threat of catastrophic wildfire and a wildfire occurs that releases pollutants to the air and water.
2. The department reasonably determines that the discharge of the pollutants was the result of the wildfire in the designated area.
B. This section does not apply on Indian lands owned or held by a federally recognized Indian tribe,  nation,  band or community as reservation lands,  allotment lands or sovereign or proprietary lands or in any other capacity.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-121 - Definitions

49-121.
Definitions
In this article,  unless the context otherwise requires:
1. " Commission"  means the Arizona emergency response commission.
2. " Committee"  means a local emergency planning committee.
3. " Extremely hazardous substances" ,  " facility" ,  " hazardous chemical" ,  " person" ,  " release"  and " toxic chemical"  have the meaning set forth in section 329 of title III.
4. " Hazardous substance"  has the meaning set forth in the comprehensive environmental response,  compensation,  and liability act of 1980 (P.L. 96-510;  94 Stat. 2767),  as amended by SARA.
5. " SARA"  means the superfund amendments and reauthorization act of 1986 (P.L. 99-499).
6. " Title III"  means title III of SARA.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-122 - Relationship to other law; declaration of application

49-122.
Relationship to other law;  declaration of application
This article does not:
1. Preempt any local charter,  ordinance or code.
2. Require any state agency or local government to adopt or enforce any statute or rule.
3. Affect or modify the obligations or liabilities of any person under federal law.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-124 - Emergency planning districts; local emergency planning committees

49-124.
Emergency planning districts;  local emergency planning committees
A. The commission shall designate emergency planning districts to facilitate preparing and implementing district emergency plans. If appropriate,  the commission may designate cities,  towns,  counties or multi-jurisdictional planning organizations as such districts. The commission may also enter into intergovernmental agreements with other states or political subdivisions of other states to establish multi-jurisdictional planning districts. The commission may revise its designation of emergency planning districts as necessary.
B. The commission,  after designating emergency planning districts,  shall appoint members of a local emergency planning committee for each emergency planning district. The governmental entity for the city,  town,  county or multi-jurisdictional planning organization encompassing the district shall provide administrative support for the local emergency planning committee and shall nominate persons for initial appointment to the committee. On establishment of the committee,  the committee chairman on a majority vote of the committee may nominate subsequent committee members. Each committee shall include,  at a minimum,  representatives from each of the following groups or organizations:
1. Elected state and local officials.
2. Law enforcement,  civil defense,  fire fighting,  first aid,  health,  local environmental,  hospital and transportation personnel.
3. Broadcast and print media.
4. Community groups.
5. Owners and operators of facilities subject to the requirements of this article.
C. The committee shall appoint a chairman and shall adopt procedural rules by which the committee shall function including the requirements set forth in section 301 of title III.
D. The commission,  as it deems appropriate,  may modify its designations of emergency planning districts or its appointments to the emergency planning committees. Members of the public may petition the commission to modify the membership of a local emergency planning committee.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-126 - Extremely hazardous substances

49-126.
Extremely hazardous substances
Unless otherwise provided in this article,  a substance is subject to the requirements of this article if it is an extremely hazardous substance as listed and published by the administrator of the United States environmental protection agency,  or its successor,  and it is held in quantities at or above the threshold planning quantity as established pursuant to section 302 of title III.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-128 - Emergency notification of reportable releases

49-128.
Emergency notification of reportable releases
A. If a reportable release of an extremely hazardous substance listed under section 49-126 occurs from a facility at which a hazardous chemical is produced,  used or stored,  the owner or operator of the facility,  except as excluded under 40 Code of Federal Regulations sections 355.31 and 355.32,  in addition to any other notification required by law or rule,  shall immediately orally notify the community emergency coordinator for the local emergency planning committee for any area likely to be affected by the reportable release,  the department and appropriate emergency responders designated by rule of the department,  in the manner prescribed by rule of the department. Unless impracticable under the circumstances,  this oral notification shall occur immediately after the facility emergency coordinator or the coordinator's designee has knowledge of the reportable release. The notice of the reportable release shall include the following to the extent known at the time of the notice and as long as no delay in responding to the emergency results:
1. The specific location of the release.
2. The chemical name or identity of substances released and a description of the container or vessel from which the release occurred.
3. An estimate of the quantity of substances that were released into the environment.
4. The time and duration of the release.
5. The medium or media into which the release occurred.
6. Any known or anticipated acute or chronic health risks associated with the release and,  if within the informant's knowledge,  advice regarding medical attention necessary for exposed individuals.
7. Proper precautions to take as a result of the release,  including evacuation and other proposed response actions.
8. The name and telephone number of the person or persons to be contacted for further information.
B. Within thirty days after the reportable release,  the owner or operator of a facility where a release occurred requiring notification pursuant to this section shall submit to the local emergency planning committee and to the department a written follow-up emergency notice stating and updating the information originally provided pursuant to subsection A of this section and including the following additional information:
1. Actions taken to respond to and contain the release.
2. Any known or anticipated acute or chronic health risks associated with the release.
3. If appropriate,  advice regarding medical attention necessary for exposed individuals.
4. Measures that have been or will be taken at the facility to avoid a reoccurrence of similar releases.
C. After additional information becomes known,  the owner or operator shall update the notice in writing within seven calendar days.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-129 - Material safety data sheets

49-129.
Material safety data sheets
A. A person who owns or operates a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the occupational safety and health act of 1970 (P.L. 91-593;  84 Stat. 1590),  and federal regulations adopted under that act,  or under title 23,  chapter 2,  article 10,  and rules adopted under that article,  shall submit to the local emergency planning committee for the district in which the facility is located,  the department,  and the fire department with jurisdiction over the facility material safety data sheets or lists of hazardous chemicals and any extremely hazardous substances stored,  handled or processed at the facility pursuant to minimum threshold levels prescribed in 40 Code of Federal Regulations part 370 as well as comply with section 311 of title III and regulations adopted under that act.
B. If a list of hazardous chemicals or extremely hazardous substances is submitted under this section,  it shall include:
1. Information prescribed by section 311 of title III.
2. The chemical abstract service registry number applicable to each such chemical and substance,  if available.
3. An indication of whether the owner elects to withhold information about the hazardous chemical or extremely hazardous substance from disclosure as a trade secret.
C. On request of a local emergency planning committee,  the department or the local fire department with jurisdiction over the facility,  an owner or operator of a facility who has submitted a list pursuant to this section shall also submit the material safety data sheet for any chemical on the list to the requesting agency. On request by any person,  the local emergency planning committee may make available a material safety data sheet to the person or transmit the request to the department,  which shall make the material safety data sheet available,  subject to the trade secret provisions and regulations adopted under title III. If the committee or department does not have the requested material safety data sheet,  the committee or department shall request the sheet from the facility owner or operator. The facility owner or operator shall make the sheet available within thirty days after receiving the request to the committee or department and the committee or department shall make the sheet available to the requesting person subject to the trade secret provisions and regulations adopted under title III.
D. Within three months after discovery by an owner or operator of a facility of significant new information concerning an aspect of a hazardous chemical for which a list or material safety data sheet was submitted,  or within three months after a facility obtains a new hazardous chemical subject to the reporting requirements of this section,  the owner or operator shall update and submit a revised list or material safety data sheet to the local emergency planning committee,  the department and the fire department with jurisdiction over the facility.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-132 - Emergency response fund

49-132.
Emergency response fund
The emergency response fund is established consisting of monies appropriated by the legislature for purposes of this article and federal,  private and other monies available for that purpose. The department shall manage the fund and expend monies in the fund in performing the functions required or authorized by this article. All interest earned from investing monies in the fund shall be credited to the fund. Monies in the fund are subject to legislative appropriation and are exempt from section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-133 - Emergency response; immunity

49-133.
Emergency response;  immunity
A licensed,  certified or authorized emergency responder and its employees at the scene of an emergency,  when the emergency response is provided in good faith,  have the immunities provided in section 26-314 in carrying out the provisions of this article. The immunities provided by section 26-314 also apply to governmental entities,  multi-jurisdictional planning organizations that encompass each district,  members of each local emergency planning committee and their support personnel in carrying out the provisions of this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-141 - Environmental nuisances

49-141.
Environmental nuisances
A. The director may take action under this section to abate environmental nuisances. As used in this section,  an environmental nuisance is the creation or maintenance of a condition in the soil,  air or water that causes or threatens to cause harm to the public health or the environment and that is not otherwise subject to regulation under this title. Subject to this limitation,  the following conditions may constitute environmental nuisances:
1. A condition or place in populous areas which constitutes a breeding place for flies,  rodents,  mosquitoes and other insects which are capable of carrying and transmitting disease-causing organisms to any person or persons.
2. A place,  condition or building which is controlled or operated by any governmental agency,  state or local,  and which is not maintained in a sanitary condition.
3. Sewage,  human excreta,  wastewater,  garbage or other organic wastes deposited,  stored,  discharged or exposed so as to be a potential instrument or medium in the transmission of disease to or between any person or persons.
4. A vehicle or container which is used in the transportation of garbage or human excreta and which is defective and allows leakage or spillage of contents.
5. The maintenance of an overflowing septic tank or cesspool,  the contents of which may be accessible to flies.
6. The pollution or contamination of any domestic waters.
7. The use of the contents of privies,  cesspools,  or septic tanks or the use of sewage or sewage plant effluents for fertilizing or irrigation purposes for crops or gardens except by specific approval of the department of health services or the department of environmental quality.
8. The storage,  collection,  transportation,  disposal and reclamation of garbage,  trash,  rubbish,  manure and other objectionable wastes other than as provided and authorized by law and rule.
9. Water,  other than that used by irrigation,  industrial or similar systems for nonpotable purposes,  which is sold to the public,  distributed to the public or used in production,  processing,  storing,  handling,  servicing or transportation of food and drink and which is unwholesome,  poisonous or contains deleterious or foreign substances or filth or disease-causing substances or organisms.
B. The director may adopt rules that prescribe minimum standards for the prevention and abatement of environmental nuisances. In adopting rules pursuant to this subsection,  the director shall incorporate the criteria set forth in section 49-282.06,  subsection A and shall ensure that the nuisance is abated so that it will not recur.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-142 - Abatement order; hearing; injunction

49-142.
Abatement order;  hearing;  injunction
A. If the director has reasonable cause to believe from information furnished to the director or from the director's own investigation that a person is maintaining an environmental nuisance,  the director may serve,  by certified mail,  an abatement order on the person requiring the person to abate the nuisance. If the person fails or refuses to comply with the order within the time specified in the order or if after reasonable attempts the director is unable to serve the order,  the director may abate the nuisance at the department's expense. The director shall be entitled to recover the reasonable costs of abatement incurred in accordance with any terms of the order that have been upheld after all rights to appeal or judicial review have been exhausted or waived.
B. An abatement order issued pursuant to this section becomes final unless within thirty days after receipt of the order an appeal is made pursuant to title 41,  chapter 6,  article 10.
C. If a person fails or refuses to comply with an abatement order issued under this section or if the director has reason to believe that a person is creating an actual or potential endangerment to the public health or environment because of acts performed in violation of this article or a rule applicable to any environmental nuisance described in section 49-141,  the director may file an action in superior court in the county in which the violation occurred or in any county in which the department maintains an office to restrain and enjoin the person from further violations,  to compel compliance with an order or to abate an environmental nuisance. The court shall proceed as in other actions for injunctions.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-143 - Abatement of environmental nuisances

49-143.
Abatement of environmental nuisances
If an environmental nuisance exists on private property,  the county board of health,  the local health or environmental department or the department of environmental quality may order the owner or occupant to remove the nuisance within twenty-four hours at the expense of the owner or occupant. The order may be given to the owner or occupant personally or left at the residence of the owner or occupant. If the owner or occupant fails or refuses to comply with the order,  the board or department shall cause the nuisance to be removed,  and the owner,  occupant or other person who caused the nuisance shall pay the expenses of removal.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-144 - Right to enter premises for inspection or abatement

49-144.
Right to enter premises for inspection or abatement
If a county board of health or a local health or environmental department deems it necessary to enter any building,  structure or other property within its jurisdiction for the purpose of examining,  destroying,  removing or preventing an environmental nuisance and is refused entrance,  any member of the board or officer of the department may make a complaint of the refusal under oath to a justice of the peace. The justice of the peace shall issue a warrant directing the sheriff or other peace officer accompanied by and under the direction of at least one member of the board or department to examine,  destroy,  remove or prevent,  between the hours of sunrise and sunset,  the environmental nuisance.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-151 - Definitions

49-151.
Definitions
In this article,  unless the context otherwise requires:
1. " Engineering control"  means a remediation method such as a barrier or cap that is used to prevent or minimize exposure to contaminants and that includes technologies that reduce the mobility or migration of contaminants.
2. " Institutional control"  means a legal or administrative tool or action taken to reduce the potential for exposure to contaminants.
3. " Nonresidential use"  means those uses of property other than residential uses.
4. " Owner"  means all persons or entities that currently hold fee title to property other than as security for an obligation. On transfer of fee title of an affected property and after notice is provided pursuant to section 49-152.01,  subsection C,  the successor owner is the owner for purposes of this article and assumes all of the obligations of an owner pursuant to this article and the person who transferred title is no longer responsible for those obligations except as prescribed in section 49-152.01,  subsection C.
5. " Remediation"  means either:
(a) The treatment or removal of contaminated environmental media to meet predetermined risk levels or site specific risk levels.
(b) Environmental media that meet predetermined risk levels or site specific risk levels as determined by a risk assessment.
6. " Residential use"  means those uses of remediated property where natural persons are reasonably expected to be in frequent,  repeated contact with soil.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-159 - Institutional and engineering control fund; purpose

49-159.
Institutional and engineering control fund;  purpose
A. The institutional and engineering control fund is established to be administered by the director. The fund consists of monies from the following sources:
1. Fees collected pursuant to section 49-152,  subsection K.
2. Fees collected pursuant to section 49-158,  subsection G.
3. Costs of restoring engineering controls that are recovered pursuant to section 49-152.01.
4. Costs of restoring engineering controls that are recovered pursuant to section 49-158,  subsection I.
5. Monies paid into the fund pursuant to section 49-152.01,  subsection B.
6. Gifts,  grants and donations.
7. Legislative appropriations.
B. Monies in the institutional and engineering control fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
C. Monies in the institutional and engineering control fund shall be used for the following purposes:
1. For all reasonable and necessary costs to implement section 49-152,  subsections B through O and sections 49-152.01,  49-152.02 and 49-158.
2. For the reasonable and necessary costs to administer the fund.