Terms Used In Arizona Laws > Title 11 > Chapter 6 > Article 1 - County Planning

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Area of jurisdiction: means that part of the county outside the corporate limits of any municipality. See Arizona Laws 11-801
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attended facility: means an underground storage tank facility at which it is the usual and customary practice for the owner or operator, or any employee of the owner or operator, to be present on site during normal hours of operation. See Arizona Laws 49-1081
• Authority: means the water infrastructure finance authority of Arizona. See Arizona Laws 49-1201
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Being used: means not having been taken out of operation. See Arizona Laws 49-1001
• Board: means the board of supervisors. See Arizona Laws 11-801
• Board: means the water infrastructure finance authority board established by section 49-1206. See Arizona Laws 49-1201
• Bonds of a political subdivision: means bonds issued by a political subdivision as authorized by law. See Arizona Laws 49-1201
• Clean water act: means the federal water pollution control act amendments of 1972 (P. See Arizona Laws 49-1201
• Closure: means the removal of an underground storage tank from operation. See Arizona Laws 49-1001
• Commission: means the county planning and zoning commission. See Arizona Laws 11-801
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Concession agreement: means any lease, ground lease, franchise, easement, permit or other binding agreement transferring rights for the use or control, in whole or in part, of water-related facilities by the authority to a private partner in accordance with this chapter. See Arizona Laws 49-1201
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corrective actions: means those actions that are prescribed pursuant to section 49-1005. See Arizona Laws 49-1001
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Designated representative: means a person to whom an owner or an operator, or both, assign in writing any right, title or interest that the owner or operator, or both, may have in and to the proceeds of a reimbursement for a corrective action made under article 3 of this chapter. See Arizona Laws 49-1001
• Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Energy policy act: means the underground storage tank compliance act, title XV, subtitle B of the energy policy act of 2005 (P. See Arizona Laws 49-1001
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means :

  (a) A trust company or bank certified or authorized to engage in the trust business pursuant to Title 6, Chapter 8, Article 1. See Arizona Laws 49-1001

• Financial assistance loan repayment agreement: means an agreement to repay a loan provided to design, construct, acquire, rehabilitate or improve water or wastewater infrastructure, related property and appurtenances or a loan provided to finance a water supply development project. See Arizona Laws 49-1201
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guarantor: means a person, other than an owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this chapter. See Arizona Laws 49-1001
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous waste: means hazardous waste as defined in section 49-921. See Arizona Laws 49-901
• Import water: means to make water originating outside of this state available to water users within this state by conveyance, exchange or otherwise through projects that are funded or financed in whole or in part with monies from the long-term water augmentation fund. See Arizona Laws 49-1201
• Imported water: means any water that originates outside of this state and that is made available to water users within this state by conveyance, exchange or otherwise through projects that are funded or financed in whole or in part with monies from the long-term water augmentation fund. See Arizona Laws 49-1201
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Indian reservation: means all lands that are held in trust by the United States for the exclusive use and occupancy of Indian tribes by treaty, law or executive order and that are currently recognized as Indian reservations by the United States department of the interior. See Arizona Laws 11-801
• Indian tribe: means any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation. See Arizona Laws 49-1201
• Inspector: means the county zoning inspector. See Arizona Laws 11-801
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Long-term water augmentation bonds: means bonds that are issued by the authority in accordance with article 4 of this chapter. See Arizona Laws 49-1201
• Long-term water augmentation fund: means the fund established by section 49-1302. See Arizona Laws 49-1201
• Minority leader: See Floor Leaders
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Motor fuel: means petroleum or a petroleum based substance that is motor gasoline, aviation gasoline, number 1 or number 2 diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine. See Arizona Laws 49-1001
• New piping component: means any underground pipe or combination of pipes that contains and conveys a regulated substance between a tank and a motor fuel dispenser, including any valve, elbow, connector or joint that is added to an underground storage tank on or after January 1, 2009 and that was not originally included or installed as part of the underground storage tank. See Arizona Laws 49-1001
• Newspaper of general circulation in the county seat: means a daily or weekly newspaper if any is published in the county seat. See Arizona Laws 11-801
• Nonpoint source project: means a project designed to implement a certified water quality management plan. See Arizona Laws 49-1201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occurrence: means an incident or accident, including continuous or repeated exposure to conditions, which results in a release from an underground storage tank. See Arizona Laws 49-1001
• Operator: means a person in control of, or having responsibility for, the day-to-day operation of an underground storage tank. See Arizona Laws 49-1001
• Out of operation: means having been closed in accordance with all applicable fire codes and other statutory and regulatory requirements for closure in effect on the date that closure was accomplished. See Arizona Laws 49-1001
• Partially shielded: means that fixtures are shielded in such a manner that the bottom edge of the shield is below the plane of the center line of the lamp reducing light above the horizontal. See Arizona Laws 49-1101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, trust, firm, joint stock company, corporation, joint venture, partnership, association, consortium, state, municipality, interstate body, commission, political subdivision of a state and the United States government. See Arizona Laws 49-1001
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Petroleum: means petroleum, including crude oil or any fraction of crude oil, which is liquid at sixty degrees Fahrenheit and 14. See Arizona Laws 49-1001
• Political subdivision: means a county, city, town or other taxing district other than the state that is authorized to take property by eminent domain. See Arizona Laws 49-1001
• Political subdivision: means a county, city, town or special taxing district authorized by law to construct wastewater treatment facilities, drinking water facilities or nonpoint source projects. See Arizona Laws 49-1201
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Private partner: means a person, entity or organization that is not the federal government, this state or a political subdivision of this state. See Arizona Laws 49-1201
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public-private partnership project: means any water supply development project that is the subject of a public-private partnership agreement in accordance with this chapter. See Arizona Laws 49-1201
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regulated substance: means :

  (a) Petroleum. See Arizona Laws 49-1001

• Release: means a spill, leak, emission, discharge, escape, leach or disposal of a regulated substance from an underground storage tank into groundwater, surface water or soils. See Arizona Laws 49-1001
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Safe drinking water act: means the federal safe drinking water act of 1974 (P. See Arizona Laws 49-1201
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• Suspected release: means any of the following:

  (a) The discovery by owners and operators or others of released regulated substances at the underground storage tank site or in the surrounding area. See Arizona Laws 49-1001

• Tank: means a stationary device constructed of wood, concrete, steel, plastic or other nonearthen materials and used to contain regulated substances. See Arizona Laws 49-1001
• Tank service: means installation, retrofitting, tank tightness testing, closure, cathodic protection or interior tank lining of an underground storage tank or a part of an underground storage tank. See Arizona Laws 49-1081
• Technical assistance loan repayment agreement: means either of the following:

  (a) An agreement to repay a loan provided to develop, plan and design water or wastewater infrastructure, related property and appurtenances. See Arizona Laws 49-1201

• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.
• Under-dispenser containment: means a secondary containment device that is beneath a motor fuel dispenser, that is connected to the underground storage tank and that is designed to be liquid tight. See Arizona Laws 49-1001
• Underground storage tank: means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent of the total volume of the tank and underground portions of pipes connected to the tank underground. See Arizona Laws 49-1001
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Wastewater treatment facility: means a treatment works, as defined in section 212 of the clean water act, that is located in this state and that is designed to hold, cleanse or purify or to prevent the discharge of untreated or inadequately treated sewage or other polluted waters for purposes of complying with the clean water act. See Arizona Laws 49-1201
• Water provider: means any of the following:

  (a) A municipal water delivery system as defined in section 42-5301. See Arizona Laws 49-1201

• Water supply development: means any of the following:

  (a) Acquiring water or rights to or contracts for water to augment the water supply of a water provider, including any environmental or other reviews, permits or plans reasonably necessary for that acquisition. See Arizona Laws 49-1201

• Water-related facilities: means any facility related to the production, delivery, conservation or storage of water, including any canals, pipelines, desalination plants, pumping stations, storage projects, recovery wells, delivery and retention projects, water and wastewater treatment plants, and other equipment and facilities installed for water conservation purposes, together with any land, buildings or other improvements and equipment or personal property related thereto. See Arizona Laws 49-1201
• Writing: includes printing. See Arizona Laws 1-215
• Zoning district: means any portion of a county in which the same set of zoning regulations applies. See Arizona Laws 11-801
• Zoning ordinance: means an ordinance that is adopted by the board of supervisors and that contains zoning regulations together with a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective. See Arizona Laws 11-801
• Zoning regulations: means provisions that govern the use of land or buildings, or both, the height and location of buildings, the size of yards, courts and open spaces, the establishment of setback lines and such other matters as may otherwise be authorized under this chapter and that the board deems suitable and proper. See Arizona Laws 11-801