Arizona Laws 49-471.10. Invalidity of rules or ordinances; prohibited agency action
A. Unless otherwise provided by law, a rule or ordinance is invalid unless it is adopted in substantial compliance with this article.
Terms Used In Arizona Laws 49-471.10
- Board of supervisors: means any county board of supervisors. See Arizona Laws 49-471
- Control officer: means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473. See Arizona Laws 49-471
- Permit: includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 49-471
- Permitting: includes the county process for granting, denying, renewing, revoking, suspending, annulling, withdrawing or amending a permit. See Arizona Laws 49-471
B. Only the reasons contained in the concise explanatory statement or the preamble may be used by the county as justification for the making of a rule or ordinance in any proceeding in which its validity is at issue.
C. A control officer shall not base an air quality permitting decision in whole or in part on a requirement or condition that is not specifically authorized by a provision of this state’s law. No later than September 1, 2000, each permit shall clearly identify the underlying legal authority for each enforceable provision included in the permit. A general grant of authority in this article does not constitute a basis for imposing a permitting requirement or condition unless a rule or ordinance is adopted pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D. A board of supervisors may adopt a rule or ordinance under a general grant of authority if it does not conflict with a more specific grant of authority.