Bill Text: AZ SB1421 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed

Bill Title: Environmental quality; amendments

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2018-03-13 - House minority caucus: Do pass [SB1421 Detail]

Download: Arizona-2018-SB1421-Engrossed.html




Senate Engrossed




State of Arizona


Fifty-third Legislature

Second Regular Session











Amending sections 49‑104, 49‑218.01, 49‑225, 49‑241 and 49‑546, Arizona Revised Statutes; relating to the department of environmental quality.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 49-104, Arizona Revised Statutes, is amended to read:

START_STATUTE49-104.  Powers and duties of the department and director

A.  The department shall:

1.  Formulate policies, plans and programs to implement this title to protect the environment.

2.  Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises.

3.  Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives.

4.  Provide information and advice on request of any local, state or federal agencies and private persons and business enterprises on matters within the scope of the department.

5.  Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.

6.  Promote and coordinate the management of air resources to ensure their protection, enhancement and balanced utilization consistent with the environmental policy of this state.

7.  Promote and coordinate the protection and enhancement of the quality of water resources consistent with the environmental policy of this state.

8.  Encourage industrial, commercial, residential and community development that maximizes environmental benefits and minimizes the effects of less desirable environmental conditions.

9.  Ensure the preservation and enhancement of natural beauty and man‑made scenic qualities.

10.  Provide for the prevention and abatement of all water and air pollution including that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids in accordance with article 3 of this chapter and chapters 2 and 3 of this title.

11.  Promote and recommend methods for the recovery, recycling and reuse or, if recycling is not possible, the disposal of solid wastes consistent with sound health, scenic and environmental quality policies. Beginning in 2014, The department shall report annually on its revenues and expenditures relating to the solid and hazardous waste programs overseen or administered by the department.

12.  Prevent pollution through the regulation of the storage, handling and transportation of solids, liquids and gases that may cause or contribute to pollution.

13.  Promote the restoration and reclamation of degraded or despoiled areas and natural resources.

14.  Assist the department of health services in recruiting and training state, local and district health department personnel.

15.  14.  Participate in the state civil defense program and develop the necessary organization and facilities to meet wartime or other disasters.

16.  15.  Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.

17.  16.  Unless specifically authorized by the legislature, ensure that state laws, rules, standards, permits, variances and orders are adopted and construed to be consistent with and no more stringent than the corresponding federal law that addresses the same subject matter. This paragraph shall not be construed to does not adversely affect standards adopted by an Indian tribe under federal law.

18.  17.  Provide administrative and staff support for the oil and gas conservation commission.

B.  The department, through the director, shall:

1.  Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties.

2.  Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties.

3.  Utilize any medium of communication, publication and exhibition when disseminating information, advertising and publicity in any field of its purposes, objectives or duties.

4.  Adopt procedural rules that are necessary to implement the authority granted under this title, but that are not inconsistent with other provisions of this title.

5.  Contract with other agencies, including laboratories, in furthering any department program.

6.  Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs of the department.

7.  Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for department services and publications and to conduct programs that are consistent with the general purposes and objectives of this chapter. Monies received pursuant to this paragraph shall be deposited in the department fund corresponding to the service, publication or program provided.

8.  Provide for the examination of any premises if the director has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed on the premises. The director shall give the owner or operator the opportunity for its representative to accompany the director on an examination of those premises.  Within forty‑five days after the date of the examination, the department shall provide to the owner or operator a copy of any report produced as a result of any examination of the premises.

9.  Supervise sanitary engineering facilities and projects in this state, authority for which is vested in the department, and own or lease land on which sanitary engineering facilities are located, and operate the facilities, if the director determines that owning, leasing or operating is necessary for the public health, safety or welfare.

10.  Adopt and enforce rules relating to approving design documents for constructing, improving and operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter.

11.  Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and garbage collection and disposal for subdivisions. The rules shall:

(a)  Provide for minimum sanitary facilities to be installed in the subdivision and may require that water systems plan for future needs and be of adequate size and capacity to deliver specified minimum quantities of drinking water and to treat all sewage.

(b)  Provide that the design documents showing or describing the water supply, sewage disposal and garbage collection facilities be submitted with a fee to the department for review and that no lots in any subdivision be offered for sale before compliance with the standards and rules has been demonstrated by approval of the design documents by the department.

12.  Prescribe reasonably necessary measures to prevent pollution of water used in public or semipublic swimming pools and bathing places and to prevent deleterious conditions at such those places.  The rules shall prescribe minimum standards for the design of and for sanitary conditions at any public or semipublic swimming pool or bathing place and provide for abatement as public nuisances of premises and facilities that do not comply with the minimum standards.  The rules shall be developed in cooperation with the director of the department of health services and shall be consistent with the rules adopted by the director of the department of health services pursuant to section 36‑136, subsection I, paragraph 10.

13.  Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent the transmission of sewage borne or insect borne diseases.  The rules shall:

(a)  Prescribe minimum standards for the design of sewage collection systems and treatment, disposal and reclamation systems and for operating the systems.

(b)  Provide for inspecting the premises, systems and installations and for abating as a public nuisance any collection system, process, treatment plant, disposal system or reclamation system that does not comply with the minimum standards.

(c)  Require that design documents for all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on‑site wastewater treatment facilities and reclamation systems be submitted with a fee for review to the department and may require that the design documents anticipate and provide for future sewage treatment needs.

(d)  Require that construction, reconstruction, installation or initiation of any sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on‑site wastewater treatment facility or reclamation system conform with applicable requirements.

14.  Prescribe reasonably necessary rules regarding excreta storage, handling, treatment, transportation and disposal.  The rules may:

(a)  Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall provide for inspection of premises, processes and vehicles and for abating as public nuisances any premises, processes or vehicles that do not comply with the minimum standards.

(b)  Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processes shall be licensed by the department subject to compliance with the rules.  The department may require payment of a fee as a condition of licensure. The department may establish by rule a fee as a condition of licensure, including a maximum fee.  As part of the rulemaking process, there must be public notice and comment and a review of the rule by the joint legislative budget committee.  After September 30, 2013, The department shall not increase that fee by rule without specific statutory authority for the increase. The fees shall be deposited, pursuant to sections 35‑146 and 35‑147, in the solid waste fee fund established by section 49‑881.

15.  Perform the responsibilities of implementing and maintaining a data automation management system to support the reporting requirements of title III of the superfund amendments and reauthorization act of 1986 (P.L. 99‑499) and article 2 of this chapter.

16.  Approve remediation levels pursuant to article 4 of this chapter.

17.  Establish or revise fees by rule pursuant to the authority granted under title 44, chapter 9, article 8 and chapters 4 and 5 of this title for the department to adequately perform its duties. All fees shall be fairly assessed and impose the least burden and cost to the parties subject to the fees.  In establishing or revising fees, the department shall base the fees on:

(a)  The direct and indirect costs of the department's relevant duties, including employee salaries and benefits, professional and outside services, equipment, in-state travel and other necessary operational expenses directly related to issuing licenses as defined in title 41, chapter 6 and enforcing the requirements of the applicable regulatory program.

(b)  The availability of other funds for the duties performed.

(c)  The impact of the fees on the parties subject to the fees.

(d)  The fees charged for similar duties performed by the department, other agencies and the private sector.

18.  Appoint a person with a background in oil and gas conservation to act on behalf of the oil and gas conservation commission and administer and enforce the applicable provisions of title 27, chapter 4 relating to the oil and gas conservation commission.

C.  The department may:

1.  Charge fees to cover the costs of all permits and inspections it performs to ensure compliance with rules adopted under section 49‑203, except that state agencies are exempt from paying the fees.  Monies collected pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in the water quality fee fund established by section 49‑210.

2.  Contract with private consultants for the purposes of assisting the department in reviewing applications for licenses, permits or other authorizations to determine whether an applicant meets the criteria for issuance of the license, permit or other authorization.  If the department contracts with a consultant under this paragraph, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and by agreeing to pay the department the costs of the consultant's services. Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant to this paragraph are appropriated to the department for use in paying consultants for services.

D.  The director may:

1.  If the director has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed, inspect any person or property in transit through this state and any vehicle in which the person or property is being transported and detain or disinfect the person, property or vehicle as reasonably necessary to protect the environment if a violation exists.

2.  Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or required to do by law. END_STATUTE

Sec. 2.  Section 49-218.01, Arizona Revised Statutes, is amended to read:

START_STATUTE49-218.01.  Brownfields cleanup revolving loan fund program; eligibility

A.  The director shall 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. END_STATUTE

Sec. 3.  Section 49-225, Arizona Revised Statutes, is amended to read:

START_STATUTE49-225.  Water quality monitoring

A.  The director of environmental quality shall, 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 navigable waters 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 data base 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. END_STATUTE

Sec. 4.  Section 49-241, Arizona Revised Statutes, is amended to read:

START_STATUTE49-241.  Permit required to discharge

A.  Unless otherwise provided by this article, any person who discharges or who owns or operates a facility that discharges shall obtain an aquifer protection permit from the director.

B.  Unless exempted under section 49‑250, or unless the director determines that the facility will be designed, constructed and operated so that there will be no migration of pollutants directly to the aquifer or to the vadose zone, the following are considered to be discharging facilities and shall be operated pursuant to either an individual permit or a general permit, including agricultural general permits, under this article:

1.  Surface impoundments, including holding, storage settling, treatment or disposal pits, ponds and lagoons.

2.  Solid waste disposal facilities except for mining overburden and wall rock that has not been and will not be subject to mine leaching operations.

3.  Injection wells.

4.  Land treatment facilities.

5.  Facilities that add a pollutant to a salt dome formation, salt bed formation, dry well or underground cave or mine.

6.  Mine tailings piles and ponds.

7.  Mine leaching operations.

8.  Underground water storage facilities.

9.  Sewage treatment facilities, including on‑site wastewater treatment facilities.

10.  Wetlands designed and constructed to treat municipal and domestic wastewater for underground storage.

C.  The director shall provide public notice and an opportunity for public comment on any request for a determination from the director under subsection B of this section that there will be no migration of pollutants from a facility.  A public hearing may be held at the discretion of the director if sufficient public comment warrants a hearing. The director may inspect and may require reasonable conditions and appropriate monitoring and reporting requirements for a facility managing pollutants that are determined not to migrate under subsection B of this section. The director may identify types of facilities, available technologies and technical criteria for facilities that will qualify for such a determination.  The director's determination may be revoked on evidence that pollutants have migrated from the facility. The director may impose a review fee for a determination under subsection B of this section.  Any issuance, denial or revocation of a determination may be appealed pursuant to section 49‑323.

D.  The director shall publish a list of the names and locations of existing facilities that are required to obtain an aquifer protection permit. The director may revise the list as needed. Any revised list shall contain deadlines for the submittal of applications for aquifer protection permits, based on the degree of risk to the public health and welfare and the environment and based on a work plan of the director designed to process all applications for an aquifer protection permit no later than January 1, 2004 for nonmining facilities and no later than January 1, 2006 for mining facilities.

E.  D.  The director shall annually make the fee schedule for aquifer protection permit applications available to the public on request and on the department's website, and a list of the names and locations of the facilities that have filed applications for aquifer protection permits, with a description of the status of each application, shall be is available to the public on request.

F.  E.  The director shall prescribe the procedures for aquifer protection permit applications and fee collection under this section.  The director shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected under this section in the water quality fee fund established by section 49‑210 and may authorize expenditures from the fund, subject to legislative appropriation, to pay reasonable and necessary costs of processing and issuing permits and administering the registration program. END_STATUTE

Sec. 5.  Section 49-546, Arizona Revised Statutes, is amended to read:

START_STATUTE49-546.  Fleet emissions inspection stations; certificates of inspection; dealer's inventory; investigations; revocation or suspension of permit

A.  Any registered owner or lessee of a fleet of at least twenty‑five vehicles may apply to the director for a permit to establish a fleet emissions inspection station.  The director shall not issue any fleet emissions inspection station permit until the director has found that the applicant:

1.  Maintains an established place of business for the repair and maintenance of the applicant's fleet of vehicles.

2.  Has obtained approved machinery, tools and equipment to adequately conduct the required emissions inspections.

3.  Employs properly trained and licensed personnel with which to perform the necessary labor.

4.  Agrees to provide data as may be prescribed by the director.

B.  Any operator of a fleet emissions inspection station under a valid permit shall, upon filing an application in the manner and form prescribed by the director and paying the prescribed fee, shall receive a sufficient number of certificates of inspection for each vehicle in the applicant's fleet.   A certificate of inspection shall not be issued to any fleet vehicle until it has been inspected and found to comply with applicable regulations.  A certificate of inspection issued to a fleet vehicle is transferable to an auctioneer who intends to sell the vehicle and who is licensed as a used motor vehicle dealer as prescribed by the director.  The certificate of inspection is valid for a period of not more than one hundred eighty days after the transfer unless the vehicle is reregistered with a new owner, in which case the vehicle shall be inspected in accordance with this article before the reregistration.

C.  A holder of a fleet emissions inspection station permit shall not inspect or certificate any vehicle for which the permittee is not the registered owner or lessee, unless authorized by the director.

D.  Vehicles that are owned by a licensed vehicle dealer and that are held for resale as a part of the dealer's business inventory shall be are deemed a part of the dealer's vehicle fleet for the purposes of this section.

E.  Every vehicle subject to this section and registered in this state shall be inspected in accordance with this article or the rules adopted pursuant to this article.  A vehicle that is subject to this section may not be registered or reregistered until the vehicle has passed inspection or been issued a waiver pursuant to section 49‑542.

F.  The director shall investigate the operation of each fleet emissions inspection station as the conditions and circumstances of the operation may indicate.  The director may require the holder of any fleet permit to submit such documentation required concerning the operation of the inspection station.  The director may suspend or revoke and require the surrender and forfeiture of any fleet emissions inspection station permit and certificates of inspection of the permittee if the director finds that the station is not operated in accordance with this article and the lawful rules adopted by the director or the holder of the permit has failed or refused to submit records or documentation required.

G.  For the purposes of section 49‑542.03, this section applies to a fleet motor vehicle dealer who meets both of the following conditions:

1.  The principal place of business is within fifty miles of the outer boundary of area A.

2.  The dealer certifies to the department that customers who reside in area A are the primary source of the dealer's business. END_STATUTE