reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-171 - Definitions

49-171.
Definitions
In this article,  unless the context otherwise requires:
1. " Characterization"  means a process to determine the nature,  degree and extent of contaminants at a site or a portion of a site.
2. " Contaminant"  means any substance that has been released to the environment and that qualifies as any of the following:
(a) A hazardous substance as defined in section 49-201.
(b) A pollutant as defined in section 49-201.
3. " Engineering control"  has the same meaning prescribed in section 49-151.
4. " Environmental claim"  means a claim for defense or indemnity submitted under a general liability insurance policy by an insured in response to a claim of potential liability for bodily injury or property damage arising from a release of pollutants onto or into land,  air or water.
5. " Institutional control"  has the same meaning prescribed in section 49-151.
6. " Insured"  means any person who is included as a named insured on a general liability insurance policy and who has or had a property interest in a site in this state that involves an environmental claim.
7. " Person"  has the same meaning prescribed in section 49-201.
8. " Remediation"  means action taken to address a contaminant by reducing the level of the contaminant in the environment or preventing or reducing exposure to the contaminant.
9. " Site"  means the areal extent of contamination.
10. " Source"  means a site or portion of a site where a contaminant is or may be released to waters of the state.
11. " Waters of the state"  has the same meaning prescribed in section 49-201.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-172 - Applicability

49-172.
Applicability
A. Except as provided in subsection B of this section,  any person may request the department to review and approve work to be performed or already performed that addresses or has addressed a release of a contaminant to the environment by submitting an application to participate in the voluntary remediation program established by this article.
B. This article shall not apply to any of the following activities:
1. Corrective action at or closure of a facility that has qualified for interim status or to which a permit has been issued pursuant to section 49-922.
2. Corrective action pursuant to section 49-1005,  unless the person waives any right to reimbursement of costs from the state assurance fund.
3. Remedial actions required by the terms of any of the following:
(a) A written agreement between the applicant and the director entered into before the date of an application under this article.
(b) A judicial judgment or decree.
(c) An administrative order issued before the date of an application under this article.
4. Remedial actions sought to be required in the complaint in a judicial action filed and served by the state before the date of the application under this article.
5. Remedial actions at a site or portion of a site listed on the registry maintained pursuant to section 49-287.01,  subsection D that address a contaminant of concern at that site,  except that the department may accept an application under this article for remediation of a site or a portion of a site for which a preliminary investigation has been commenced or completed pursuant to section 49-287.01 but that has not been listed on the registry maintained pursuant to section 49-287.01,  subsection D.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-173 - Application requirements

49-173.
Application requirements
A. Each application to participate in a voluntary remediation program shall contain the following information:
1. The name and address of the person filing the application and the nature of the relationship of the person to the site,  if any.
2. A description of the location and boundaries of the site or portion of a site that is the subject of the remediation.
3. A description of characterization performed at the site or portion of the site,  if known.
4. A general description of the work to be performed or already performed by the applicant. The application shall state whether the applicant is requesting one or more of the following:
(a) Approval of remedial actions to be performed.
(b) Approval of remedial actions already performed.
5. A list of the actions of the director to compel remediation that the applicant proposes to be suspended by the approval.
6. Information to confirm that the work to be performed or already performed is eligible pursuant to section 49-172.
7. The fee required pursuant to section 49-179,  subsection A.
8. An agreement in which the applicant agrees:
(a) To grant access to the site or portion of a site to the department at reasonable times to verify that the work is being performed in accordance with the work plan approved pursuant to section 49-177 or has been performed in accordance with the report submitted pursuant to section 49-181.
(b) To reimburse the department for the department's costs,  pursuant to section 49-179,  for review of,  action on and oversight of the work plan pursuant to section 49-175 and 49-177 or the report pursuant to section 49-181.
(c) To carry out the tasks described in the work plan pursuant to section 49-175 in accordance with the schedule provided in the work plan,  or to submit a report pursuant to section 49-181.
(d) To meet and confer with the department regarding the progress of the tasks performed in accordance with the work plan approved pursuant to section 49-177,  if applicable.
(e) To submit an advance deposit to be applied against the department's reimbursable costs pursuant to section 49-179 for review of,  action on,  and oversight of the work plan submitted pursuant to section 49-175 or the report submitted pursuant to section 49-181.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-174 - Application review and approval

49-174.
Application review and approval
A. After receipt of an application submitted pursuant to section 49-173,  the department shall promptly review the application and approve,  deny or request modifications to determine the applicant s eligibility to participate in the voluntary remediation program established by this article. An applicant is eligible to participate if the application contains all of the information listed in section 49-173 and the work performed or to be performed does not include activities listed in section 49-172,  subsection B.
B. An application shall be deemed complete unless the department,  within sixty days of receipt,  notifies the applicant that the application is incomplete or has been denied. If the department determines that additional information is necessary to evaluate or to take final action on the application,  the department may request such information in writing and set a reasonable deadline for a response.
C. After an application is approved,  the applicant,  within a reasonable time period,  shall submit a work plan pursuant to section 49-175 or a report pursuant to section 49-181,  whichever is applicable.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-178 - Termination and withdrawal

49-178.
Termination and withdrawal
A. An applicant may withdraw from the voluntary remediation program at any time.
B. After complying with subsection C of this section,  the department may terminate an applicant s participation in the voluntary remediation program if the applicant does any of the following:
1. Fails to submit a work plan pursuant to section 49-175 or a report pursuant to section 49-181 within a reasonable time period,  whichever is applicable.
2. Fails to comply with the work plan requirements approved under section 49-177.
3. Fails to substantially comply with the schedule for completion submitted pursuant to section 49-175,  subsection A,  paragraphs 2 or 3 and approved pursuant to section 49-177.
4. Fails to reimburse the department for its costs as required by section 49-179.
5. Fails to modify the work plan pursuant to the department's request under section 49-180.
6. Fails to submit and obtain approval for phases of work or other tasks described in the work plan if such approval is a condition of the work plan.
7. Submits false information,  misrepresents information or fails to disclose material information.
C. Before terminating an applicant s participation in the voluntary remediation program for any reason pursuant to this section,  the department shall send to the applicant a written notice of deficiency and shall provide the applicant a reasonable opportunity to correct the deficiency. If the deficiency is not corrected within a reasonable time set by the department,  the department may terminate an applicant s participation in the program as provided in subsection B of this section.
D. If an approved application is terminated or withdrawn,  the suspension of actions pursuant to section 49-177,  subsection F is withdrawn.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-179 - Application fees; reimbursement of costs of review

49-179.
Application fees;  reimbursement of costs of review
A. Each application submitted under section 49-173 shall be accompanied by a nonrefundable fee to be established by rule.
B. An applicant shall reimburse the department for the reasonable and necessary costs of actions taken by the department pursuant to this section and sections 49-173 through 49-178,  49-180,  49-181,  49-182 and 49-185.
C. Reimbursable costs include time spent by the department s employees and the costs of goods and services contracted by the department to carry out the activities described in subsection B of this section. Time spent by the department s employees shall be reimbursed at a rate to be established by rule based upon the estimated direct and indirect costs to the department of conducting these activities. The department shall provide documentation to the applicant to support its claims for reimbursement consistent with generally accepted accounting principles. The department may require an applicant to pay an advance deposit to be applied against the department s reimbursable costs following the department s approval of an application under section 49-174. If an approved application is terminated or withdrawn pursuant to section 49-178,  the applicant shall reimburse the department for its costs incurred prior to the termination or withdrawal.
D. The department may contract with an outside consultant to perform any technical review required to review a work plan submitted pursuant to section 49-175 or a report submitted pursuant to section 49-181 or to oversee work performed pursuant to a work plan approved pursuant to section 49-177 as follows:
1. The department may contract any work for which costs are reimbursable pursuant to subsection B of this section if the contract rate is less than or equal to the rate charged for time spent by the department s employees.
2. The department may contract any work upon the request of an applicant to establish deadlines for a review of a work plan or a task under an approved work plan if the applicant agrees to reimburse the department for the charges of the outside consultant.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-180 - Modification of work plan

49-180.
Modification of work plan
A. An applicant may propose a modification to a work plan at any time by submitting an amended work plan or portions of the work plan. Sections 49-175 and 49-177,  as applicable,  govern the amended work plan.
B. Based upon the progress reports submitted by the applicant,  the department may request an applicant to submit a proposed modification to the work plan pursuant to this section if the department determines that a modification is necessary in order to meet the remediation levels or objectives within the approved work plan and schedule,  including any interim goals. If the applicant objects to the requested modifications,  the applicant may seek dispute resolution regarding the requested modifications pursuant to section 49-185,  subsection B or C,  or may withdraw from the program. If the applicant does not make the modifications requested by the department,  and if dispute resolution is not successful or if the applicant does not seek dispute resolution within the time period provided by section 49-185,  subsection B or C,  the department may terminate an applicant s participation in the program pursuant to section 49-178.
C. Minor changes to the approved work plan that do not substantially change the scope,  nature or duration of the work to be performed may be approved in writing by the department and are not subject to section 49-177. Minor changes include changes in the schedule for specific actions for good cause shown by the applicant as long as the overall duration of the tasks in the work plan are not substantially affected.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-182 - Approval of remediations for cost recovery

49-182.
Approval of remediations for cost recovery
Any work necessary to conduct remediation pursuant to this article may qualify as a remedial action for purposes of section 49-285. Any person may submit a request to the department for approval of a remedial action for purposes of section 49-285 by filing an application in accordance with the rules adopted pursuant to section 49-282.06. A request may be combined with any application pursuant to this article,  and the department shall be reimbursed for the cost of reviewing the application as provided in this article. The director's approval under this section is not required to preserve any right to recover remedial costs under section 49-285.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-184 - Reservation of rights

49-184.
Reservation of rights
A. Nothing in this article may be construed to abridge or alter any right a person may have to engage in remedial action pursuant to other provisions of this title or any other provisions of statutory or common law.
B. Nothing in this article may be construed to abridge or alter the department's authority to recover penalties or to take any action authorized by law for any violation of this title,  except that the department shall not take an action to compel remedial action or corrective action that is the subject of an application approved pursuant to this article unless the approval is withdrawn or terminated pursuant to section 49-178.
C. Unless a remedy is selected in accordance with the rules adopted pursuant to section 49-282.06,  the affirmative defense under section 49-262,  subsection F applies only to the site or portion of the site where remediation is or will be conducted pursuant to a work plan approved pursuant to this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-186 - Rules; no licensing

49-186.
Rules;  no licensing
A. The department shall adopt rules as necessary to implement section 49-179. The adoption of rules under this section is not a prerequisite for implementation of this article.
B. Title 41,  chapter 6,  article 7.1 and section 41-1009 do not apply to this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-187 - Voluntary remediation fund

49-187.
Voluntary remediation fund
A. The voluntary remediation fund is established. The director shall administer the fund. The fund consists of monies from the following sources:
1. Fees collected pursuant to section 49-179.
2. Costs reimbursed to the department pursuant to section 49-179.
3. Gifts,  grants and donations.
4. Legislative appropriations.
5. Until July 1,  2004,  the water quality assurance revolving fund pursuant to section 49-282,  subsection E,  paragraph 10,  provided that no more than three hundred fifty thousand dollars shall be transferred from the water quality assurance revolving fund to the voluntary remediation fund in any fiscal year.
B. Monies in the 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 voluntary remediation fund shall be used for the following purposes:
1. For all reasonable and necessary costs to implement this article.
2. For the reasonable and necessary costs of administering the fund.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-188 - Department access to private property

49-188.
Department access to private property
A representative of the department who enters private property pursuant to this article or pursuant to an agreement entered into pursuant to this article shall:
1. On entry of the premises,  present photographic identification and state the purpose for the inspection.
2. Allow an authorized representative of the owner to accompany the department representative,  except during confidential interviews. If the department has reason to believe that no on-site representative of the owner will be present at a site at the time of an inspection,  the department shall make reasonable efforts to provide notice sufficient to allow a representative of the owner to be present during the inspection.
3. Provide notice of the right to have:
(a) Copies of any original documents taken by the department representative during the inspection if the representative is permitted by law to take original documents.
(b) A split of any samples taken during the site visit if the split would not prohibit an analysis from being conducted or render an analysis inconclusive.
(c) Copies of any analyses performed on samples taken during the inspection.
4. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report.
5. Inform each person whose conversation with the representative during the inspection is tape recorded that the conversation is being recorded.
6. Promptly notify the applicant in writing of any inconsistencies or deficiencies noted during the inspection.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-191 - Greenhouse gas programs; definition

49-191.
Greenhouse gas programs;  definition
A. Notwithstanding any other law,  a state agency established under this title or title 41 shall not adopt or enforce a state or regional program to regulate the emission of greenhouse gas for the purposes of addressing changes in atmospheric temperature without express legislative authorization.
B. For the purposes of this section,  " greenhouse gas"  means carbon dioxide,  methane,  nitrous oxide,  sulfur hexafluoride,  hydrofluorocarbon or perfluorocarbon.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-192 - Definitions

49-192.
Definitions
In this article,  unless the context otherwise requires:
1. " Environmental laws"  means this title and any rules,  permits and orders that are adopted or issued pursuant to this title.
2. " Environmental management system"  means a set of documented processes and practices that enable an organization to reduce its environmental impacts and increase its operating efficiency by continuously improving its environmental performance.
3. " Environmental performance"  means the effect of a facility or activity on air,  water,  land,  natural resources or human health and the generation of waste by a facility or activity.
4. " Organization"  means a company,  corporation,  political subdivision,  firm,  enterprise or institution,  or any part or combination,  whether incorporated or not,  public or private,  that has its own functions and administration. For organizations with more than one operating unit,  a single operating unit may be defined as an organization.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-192.01 - Voluntary environmental stewardship program; minimum qualifications

49-192.01.
Voluntary environmental stewardship program;  minimum qualifications
A. The director shall develop,  implement and administer a voluntary environmental stewardship program. The voluntary environmental stewardship program shall provide recognition for those organizations with a history of preventing environmental law violations and incentives for organizations going above and beyond environmental law requirements. The program shall include tiers commensurate and appropriate to the environmental impacts of an organization's facilities,  activities,  products or services,  and be based on an organization s level of commitment to the program.
B. The director may adopt rules to implement this article.
C. Participation in the voluntary environmental stewardship program by any organization is voluntary. The department shall approve an organization's membership in the program and shall review the organization's membership at least once every three years. Membership shall be based on the organization's commitment to:
1. Sustained compliance with environmental laws and history of compliance with environmental laws.
2. Develop,  implement and maintain an environmental management system.
3. Going above and beyond the requirements of environmental laws.
4. Pollution prevention and improving its environmental performance.
5. Reporting to the department on its environmental performance annually.
D. Notwithstanding any other law,  membership in the voluntary environmental stewardship program does not constitute a license under title 41,  chapter 6,  and the denial or approval of membership does not constitute an appealable action or an action against the party under title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-202.01 - Surface water quality general grazing permit; best management practices for grazing activities; definition

49-202.01.
Surface water quality general grazing permit;  best management practices for grazing activities;  definition
A. As part of the duties established pursuant to section 49-203,  subsection A,  paragraph 4,  the director shall implement a surface water quality general grazing permit consisting of voluntary best management practices for grazing activities.
B. The terms and conditions of the surface water quality general grazing permit shall be voluntary best management practices that have been determined by the committee to be the most practical and effective means of reducing or preventing the nonpoint source discharge of pollutants into WOTUS by grazing activities.
C. In adopting voluntary grazing best management practices,  the committee shall consider:
1. The availability and effectiveness of alternative technologies.
2. The economic and social impacts of alternative technologies on grazing and associated industries.
3. The institutional considerations of alternative technologies.
4. The potential nature and severity of discharges from grazing activities and their effect on WOTUS.
D. For the purposes of this section,  " grazing activities"  means the feeding of all classes of domestic ruminant and nonruminant animals on grasses,  forbs and shrubs in Arizona watersheds.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-204 - Gray water reuse; residential standards; rules

49-204.
Gray water reuse;  residential standards;  rules
A. A city,  town or county may not limit the use of gray water by rule or ordinance unless,  in an initial active management area that has a groundwater management goal of safe yield and that does not contain a part of the central Arizona project aqueduct,  effluent has been included in an assured water supply determination pursuant to section 45-576 and the use of gray water would reduce the volume of effluent available to satisfy assured water supply requirements applicable to that determination.
B. For residential gray water treatment systems that are used indoors for toilet flushing,  the director may establish by rule minimum requirements that are necessary specifically to address public health or safety concerns.
C. Until rules are adopted pursuant to subsection B of this section,  residential gray water may be used indoors for toilet flushing with a gray water treatment system that complies with all of the following:
1. Uses less than four hundred gallons of gray water per day.
2. Is certified to meet standard 350 for residential gray water recycling that is issued by a national sanitary foundation and an American national standards institute.
3. Reasonably precludes human contact with gray water.
4. Provides a dedicated piping system that supplies only treated gray water to the toilet flushing facilities.
5. Provides gray water for toilet flushing only if the system is properly functioning.
D. Any residential gray water treatment system that is installed after the effective date of rules adopted pursuant to subsection B of this section and that includes the use of gray water for indoor toilet flushing shall meet the minimum requirements that are established by those rules.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-205 - Availability of information to the public

49-205.
Availability of information to the public
A. Any records,  reports or information obtained from any person under this chapter,  including records,  reports or information obtained or prepared by the director or a department employee,  shall be available to the public,  except that:
1. Income tax returns are confidential.
2. Drinking water system security vulnerability assessments that are submitted to the United States environmental protection agency,  pursuant to Public Law 107-188,  are exempt from disclosure under this chapter and title 39,  chapter 1.
3. Other information,  or a particular part of the information,  shall be considered confidential on either:
(a) A showing,  satisfactory to the director,  by any person that the information,  or a particular part of the information,  if made public,  would divulge the trade secrets of the person.
(b) A determination by the attorney general that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court.
B. Notwithstanding subsection A of this section,  the following information shall be available to the public:
1. The name and address of any permit applicant or permittee.
2. The chemical constituents,  concentrations and amounts of any pollutant discharge.
3. The existence or level of a concentration of a pollutant in drinking water or in the environment.
C. Notwithstanding subsection A of this section,  and in addition to the information prescribed by subsection B of this section,  the following information that is obtained by the department and that relates to discharges authorized by a permit issued under the program adopted pursuant to section 49-203,  subsection A,  paragraph 2 shall be made available to the public by the department:
1. Information required to be submitted in a permit application.
2. The frequency of the discharge.
3. The temperature and pH level of the discharge.
4. Other water quality characteristics that are required to be reported under the permit.
D. Notwithstanding subsection A of this section,  the director may disclose any records,  reports or information obtained from any person under this chapter,  including records,  reports or information obtained by the director or department employees,  to:
1. Other state employees concerned with administering this chapter or if the records,  reports or information is relevant to any administrative or judicial proceeding under this chapter.
2. Employees of the United States environmental protection agency if such information is necessary or required to administer and implement or comply with the clean water act,  the safe drinking water act,  CERCLA or provisions and regulations relating to those acts.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-206 - Preservation of rights

49-206.
Preservation of rights
This chapter shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law,  criminal or civil,  nor shall any provision of this chapter,  or any act done by virtue of this chapter,  be construed so as to estop any person,  this state or any political subdivision of this state,  or owners of land having groundwater or surface water rights or otherwise,  from exercising their rights or,  under the common law or statutory law,  from suppressing nuisances or preventing injury due to discharges.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-207 - Discrimination prohibited

49-207.
Discrimination prohibited
A. No person may intimidate,  threaten,  restrain,  coerce,  blacklist,  terminate or in any manner discriminate against any person because that person has filed a complaint or instituted,  or caused to be instituted,  a proceeding under this chapter or has testified or is about to testify in such a proceeding or has exercised,  on behalf of himself or others,  any right or protection afforded by this chapter.
B. A person who believes he has been discriminated against in violation of this section may,  within one hundred eighty days after the violation,  file a complaint with the attorney general. On receipt of the complaint,  the attorney general may investigate as he deems appropriate. If,  after investigation,  the attorney general determines that this section has been violated,  he may bring an action in superior court against any alleged violator.
C. In an action brought under this section,  the court has jurisdiction to restrain a violation and order any appropriate relief,  including rehiring or reinstatement of a person,  with back pay and double damages.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-208 - Public participation

49-208.
Public participation
A. The director,  by rule,  shall prescribe procedures to assure adequate public participation in proceedings of the department under this chapter. The public participation procedures shall meet the requirements of the clean water act and safe drinking water act for permits issued under those acts. At a minimum,  public participation procedures shall prescribe public notice requirements including the content and publication of the notice,  provide an opportunity for public hearings and specify the procedures governing the hearings and require the public availability of relevant documents. Public hearings shall be held at places and times which afford a reasonable opportunity to persons to participate.
B. The director shall provide for and encourage public participation in developing such rules,  plans and informational materials,  including handbooks and guidance documents,  as are required or necessary to implement the provisions of this chapter.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-209 - Industrial discharges to community sewer systems; registration; fee

49-209.
Industrial discharges to community sewer systems;  registration;  fee
A. Each person that is required to obtain a permit for discharges into a community sewer system under federal categorical industrial pretreatment regulations and standards shall register each year with the director and pay an annual registration fee of two hundred fifty dollars.
B. On or before January 31 each year each public or private entity that issues a permit for discharges into a community sewer system shall transmit to the director a list of current permittees and their addresses. The director shall prescribe a procedure for notifying permittees of the registration requirements of this section and collecting the prescribed fee.
C. The director shall deposit all monies collected under this section in the water quality assurance revolving fund established by section 49-282 and may authorize expenditures from the fund,  pursuant to section 49-282,  to pay the reasonable and necessary costs of administering the registration program.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-210 - Water quality fee fund; appropriation; exemption; monies held in trust

49-210.
Water quality fee fund;  appropriation;  exemption;  monies held in trust
A. The water quality fee fund is established consisting of monies appropriated by the legislature and fees received pursuant to sections 49-104,  49-203,  49-211,  49-241,  49-241.02,  49-242,  49-255.01,  49-352,  49-353 and 49-361. The director shall administer the fund.
B. Monies in the fund are subject to annual legislative appropriation to the department for water quality programs. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. 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.
D. Monies in the water quality fee fund shall be used for activities required to implement this chapter,  except for articles 1.1 and 5 of this chapter,  and to implement section 49-104,  subsection B,  paragraphs 9 through 13 and subsection C.
E. Any fee,  assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water quality fee fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-211 - Direct potable reuse of treated wastewater; fees; rules

49-211.
Direct potable reuse of treated wastewater;  fees;  rules
A. On or before December 31,  2024,  the director shall establish by rule permit fees sufficient to administer a direct potable reuse of treated wastewater program. Monies collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the water quality fee fund established by section 49-210.
B. On or before December 31,  2024,  the director shall adopt all rules necessary to establish and implement a direct potable reuse of treated wastewater program,  including rules establishing permitting standards and a permit application process.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-218 - Definitions

49-218.
Definitions
In this article,  unless the context otherwise requires:
1. " CERCLA brownfields cleanup revolving loan fund program"  means the program established by the United States environmental protection agency to provide financial assistance in the form of loans or grants to eligible persons to remediate contamination at eligible sites as provided in section 104(k) of CERCLA and applicable guidance documents prepared by the United States environmental protection agency to implement this program.
2. " Eligible activities"  means removal as defined by section 101(23) of CERCLA and includes required engineering evaluations,  cost analysis of cleanup alternatives,  public participation requirements and reasonable and necessary site monitoring activities during the remediation.
3. " Eligible person"  means a person who is eligible to receive a loan or grant under the CERCLA brownfields cleanup revolving loan fund program.
4. " Eligible site"  means a site that is a brownfields site as defined by section 101(39) of CERCLA,  that is within an area designated in a cooperative agreement between the department and the United States environmental protection agency and that is one of the following:
(a) Accepted into the department's voluntary remediation program.
(b) Subject to a remediation agreement with the department's water quality assurance revolving fund program.
(c) Being addressed through another program or oversight mechanism that is approved by the department.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-218.01 - Brownfields cleanup revolving loan fund program; eligibility

49-218.01.
Brownfields cleanup revolving loan fund program;  eligibility
A. The director may implement the Brownfields cleanup revolving loan fund program pursuant to the requirements of the CERCLA Brownfields cleanup revolving loan fund program.
B. The director may:
1. Enter into financial assistance agreements,  as deemed appropriate,  with eligible persons for the performance of eligible activities at eligible sites.
2. Apply for,  accept and administer grants and other financial assistance from the federal government and from other public and private sources for the Brownfields cleanup revolving loan fund program.
3. Enter into agreements to administer the program.
4. Enter into agreements with the water infrastructure finance authority pursuant to section 49-1203 to perform any of the functions of the fund manager pursuant to the CERCLA Brownfields cleanup revolving loan fund program.
5. Assess fees to administer the Brownfields cleanup revolving loan fund program consistent with any cooperative agreement with the environmental protection agency.
C. Financial assistance monies shall be used to perform removal actions that meet the requirements of the applicable program or oversight mechanism,  the CERCLA Brownfields cleanup revolving loan fund program and this article. To the extent possible,  the department shall eliminate duplicative requirements among the programs.
D. The following are not eligible for the Brownfields cleanup revolving loan fund program:
1. A site listed or proposed for listing on the national priorities list.
2. A site that is subject to state or federal unilateral administrative orders,  a court order,  administrative orders on consent or a judicial consent decree issued to or entered into by parties under CERCLA or this title.
3. A site that is subject to the jurisdiction,  custody or control of the United States government.
E. The director,  through the attorney general,  may take actions necessary to enforce the loan contract and achieve repayment of loans provided under this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-218.02 - Brownfields cleanup revolving loan fund

49-218.02.
Brownfields cleanup revolving loan fund
A. The Brownfields cleanup revolving loan fund is established to be administered by the director. The fund consists of monies from the following sources:
1. Monies appropriated by the legislature.
2. Monies received from the federal government.
3. Monies received from loan recipients and loan repayments,  interest and penalties.
4. Interest and other income received from investing monies in the fund.
5. Gifts,  grants and donations received from any public or private source.
B. Monies in the fund may be used for the purposes provided in section 49-218.01.
C. The department may use monies in the fund for the department's costs in administering the Brownfields cleanup revolving loan fund program.
D. Disbursement of monies from the fund pursuant to a financial assistance agreement under this article is not subject to title 41,  chapter 23.
E. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190,  relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-222 - Water quality standards for WOTUS

49-222.
Water quality standards for WOTUS
A. Standards for the quality of WOTUS shall assure water quality,  if attainable,  which provides for protecting the public health and welfare,  and shall enhance the quality of water taking into consideration its use and value for public water supplies,  the propagation of fish and wildlife and recreational,  agricultural,  industrial and other purposes including navigation.
B. The director shall adopt standards for the quality of all WOTUS that establish numeric limitations on the concentrations of each of the toxic pollutants listed by the administrator pursuant to section 307 of the clean water act (33 United States Code section 1317).
C. In setting numeric standards for the quality of WOTUS,  the director may consider the effect of local water quality characteristics on the toxicity of specific pollutants and the varying sensitivities of local affected aquatic populations to such pollutants,  and the extent to which the natural flow of the stream is intermittent or ephemeral,  as a result of which the instream flow consists mostly of treated wastewater effluent,  except that such standards shall not,  in any event,  be inconsistent with the clean water act. In applying such standards the director may establish appropriate mixing zones.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-224 - Aquifer identification, classification and reclassification

49-224.
Aquifer identification,  classification and reclassification
A. Not later than June 30,  1987 the director shall,  by rule,  identify and define the boundaries of all aquifers in this state utilizing,  to the maximum extent possible,  data available from the department of water resources.
B. All aquifers in this state identified and defined under subsection A of this section and any other aquifers subsequently discovered,  identified and defined shall be classified for drinking water protected use unless the classification is changed in the manner provided in subsection C of this section.
C. The director,  after consulting with the appropriate groundwater users advisory council established pursuant to title 45,  chapter 2,  article 2 if the aquifer is in an active management area,  and a public hearing held pursuant to section 49-208,  may change the classification of an aquifer or part of an aquifer for a protected use other than drinking water on making all of the following findings:
1. The identified aquifer or part of an aquifer is or will be so hydrologically isolated from other aquifers or other parts of the same aquifer that there is no reasonable probability that poorer quality water from the identified aquifer or part of an aquifer will cause or contribute to a violation of aquifer water quality standards in other aquifers or parts of the same aquifer.
2. Water from the identified aquifer or part of an aquifer is not being used as drinking water.
3. The short-term and long-term benefits to the public that would result from the degradation of the quality of the water in the identified aquifer or part of an aquifer below standards established pursuant to section 49-223,  subsections A and B would significantly outweigh the short-term and long-term costs to the public of such degradation. Benefits and costs to be considered include economic,  social and environmental.
D. Owners or operators of facilities whose discharges are solely responsible for creating an aquifer may petition the director for a classification of the aquifer for a non-drinking water use. The director may,  by rule,  classify that aquifer for a non-drinking water use upon making the findings prescribed in subsection C,  paragraphs 1 and 2 of this section.
E. The director shall provide for public participation in proceedings under this section pursuant to section 49-208 and shall hold at least one public hearing at a location as near as practicable to the aquifer proposed for reclassification.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-225 - Water quality monitoring

49-225.
Water quality monitoring
A. The director of environmental quality,  with the advice and cooperation of the Arizona department of agriculture and the director of water resources when appropriate,  shall conduct ongoing monitoring of the waters of the state including the state's WOTUS and aquifers to detect the presence of new and existing pollutants,  determine compliance with applicable water quality standards,  determine the effectiveness of best management practices,  agricultural best management practices and best available demonstrated control technologies,  evaluate the effects of pollutants on public health or the environment and determine water quality trends.
B. The director shall maintain a statewide database of groundwater and soils sampled for pollutants. All agencies shall submit to the director,  in a timely manner,  the results of any groundwater or soils sampling for pollutants and the results of any groundwater or soils sampling that detect any pollutants.
C. The director shall establish minimum requirements and schedules for groundwater and soils sampling that will ensure precise and accurate results. The requirements shall be distributed to all agencies that conduct sampling. All sampling conducted shall meet the minimum requirements established pursuant to this subsection.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-231 - Definitions

49-231.
Definitions
In this article,  unless the context otherwise requires:
1. " Impaired water"  means a protected surface water for which credible scientific data exists that satisfies the requirements of section 49-232,  and that,  in the case of WOTUS,  demonstrates that the water should be identified pursuant to 33 United States Code section 1313(d) and the regulations implementing that statute.
2. " Surface water quality standard"  means a standard adopted for a protected surface water pursuant to section 49-221 and,  in the case of WOTUS,  pursuant to section 49-222.
3. " TMDL implementation plan"  means a written strategy to implement a total maximum daily load that is developed for an impaired water. TMDL implementation plans may rely on any combination of the following components that the department determines will result in achieving and maintaining compliance with applicable surface water quality standards in the most cost-effective and equitable manner:
(a) Permit limitations.
(b) Best management practices.
(c) Education and outreach efforts.
(d) Technical assistance.
(e) Cooperative agreements,  voluntary measures and incentive-based programs.
(f) Load reductions resulting from other legally required programs or activities.
(g) Land management programs.
(h) Pollution prevention planning,  waste minimization or pollutant trading agreements.
(i) Other measures deemed appropriate by the department.
4. " Total maximum daily load"  means an estimation of the total amount of a pollutant from all sources that may be added to a water while still allowing the water to achieve and maintain applicable surface water quality standards. Each total maximum daily load shall include allocations for sources that contribute the pollutant to the water. Total maximum daily loads for WOTUS shall meet the requirements of section 303(d) of the clean water act (33 United States Code section 1313(d)) and regulations implementing that statute to achieve applicable surface water quality standards. Total maximum daily loads for non-WOTUS protected surface waters shall not be subject to review,  approval or enforcement by the United States environmental protection agency.