Terms Used In Arizona Laws > Title 49 > Chapter 2 - Water Quality Control

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Active ingredient: has the meaning assigned to the term by title 7 United States Code § 136. See Arizona Laws 49-301
• Administrator: means the administrator of the United States environmental protection agency. See Arizona Laws 49-201
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership or association, this state, a political subdivision of this state, or a commission of the United States government or a federal facility, an interstate body or any other entity that applies for a settlement under either Section 49-292. See Arizona Laws 49-281
• Applicant: means any person who applies for a registration or amended registration pursuant to Title 3, Chapter 2, Article 5 or a conditional registration pursuant to section 49-310. See Arizona Laws 49-301
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquifer: means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring. See Arizona Laws 49-201
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• AZPDES: means the Arizona pollutant discharge elimination system program as adopted under section 402(b) of the clean water act for WOTUS and under Section 49-255. See Arizona Laws 49-255
• 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.
• Best management practices: means those methods, measures or practices to prevent or reduce discharges and includes structural and nonstructural controls and operation and maintenance procedures. See Arizona Laws 49-201
• Board: means the county board of supervisors. See Arizona Laws 11-681
• Bond related expenses: means any expenses incurred by the county to issue and administer bonds issued under this article, including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal, accounting, feasibility consultant and other professional fees and expenses, credit enhancement fees, attorney and accounting fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telecommunications expenses and all other expenses considered necessary by the county board of supervisors in order to market and administer the bonds. See Arizona Laws 11-681
• Bonds: means the bonds issued pursuant to this article. See Arizona Laws 11-681
• CERCLA: means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P. See Arizona Laws 49-201
• 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. See Arizona Laws 49-218
• Chemigation: means a method of irrigation by which a pesticide is mixed with irrigation water before the water is applied to the crop or the soil. See Arizona Laws 49-301
• Clean closure: means implementation of all actions specified in an aquifer protection permit, if any, as closure requirements, as well as elimination, to the greatest degree practicable, of any reasonable probability of further discharge from the facility and of either exceeding aquifer water quality standards at the applicable point of compliance or, if an aquifer water quality standard is exceeded at the time the permit is issued, causing further degradation of the aquifer at the applicable point of compliance as provided in section 49-243, subsection B, paragraph 3. See Arizona Laws 49-201
• Clean water act: means the federal water pollution control act amendments of 1972 (P. See Arizona Laws 49-201
• Closed facility: means :

  (a) A facility that ceased operation before January 1, 1986, that is not, on August 13, 1986, engaged in the activity for which the facility was designed and that was previously operated and for which there is no intent to resume operation. See Arizona Laws 49-201

• 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.
• Community: means the broad spectrum of persons determined by the director to be within an existing or proposed site placed on the registry pursuant to Section 49-287. See Arizona Laws 49-281
• Community involvement area: means the geographical area that is within a site placed on the registry pursuant to Section 49-287. See Arizona Laws 49-281
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concentrated animal feeding operation: means an animal feeding operation that meets the criteria prescribed in Title 40 of the Code of Federal Regulations, Part 122, appendix B for determining a concentrated animal feeding operation for purposes of 40 Code of Federal Regulations sections 122. See Arizona Laws 49-201
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County judgment purpose: includes the following purposes:

  (a) The payment of obligations of the county resulting from a final court judgment against the county, court costs and attorney fees, including outside legal counsel retained by the county, but not costs incurred by the county attorney in connection with the judgment. See Arizona Laws 11-681

• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Degradation product: means a substance resulting from the transformation of a pesticide by physicochemical or biochemical means. See Arizona Laws 49-301
• Department: means the department of environmental quality. See Arizona Laws 49-201
• Direct reuse: means the beneficial use of reclaimed water for specific purposes authorized pursuant to section 49-203, subsection A, paragraph 7. See Arizona Laws 49-201
• Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
• Discharge: means the direct or indirect addition of any pollutant to the waters of the state from a facility. See Arizona Laws 49-201
• Discharge impact area: means the potential areal extent of pollutant migration, as projected on the land surface, as the result of a discharge from a facility. See Arizona Laws 49-201
• Discharge limitation: means any restriction, prohibition, limitation or criteria established by the director, through a rule, permit or order, on quantities, rates, concentrations, combinations, toxicity and characteristics of pollutants. See Arizona Laws 49-201
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Effluent-dependent water: means a surface water or portion of a surface water that consists of a point source discharge without which the surface water would be ephemeral. See Arizona Laws 49-201
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• 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. See Arizona Laws 49-218
• Eligible party: means a person who enters into a written agreement with the director to implement and complete a remedial investigation and feasibility study with respect to a site or portion of a site that was on the annual priority list on May 1, 1997 or any other person who incurs costs for a remedial action that is in substantial compliance with Section 49-282. See Arizona Laws 49-281
• Environment: means WOTUS, any other surface waters, groundwater, drinking water supply, land surface or subsurface strata or ambient air, within or bordering on this state. See Arizona Laws 49-201
• Ephemeral water: means a surface water or portion of surface water that flows or pools only in direct response to precipitation. See Arizona Laws 49-201
• 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
• Existing facility: means a facility on which construction began before August 13, 1986 and that is neither a new facility nor a closed facility. See Arizona Laws 49-201
• Facility: means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice from which there is, or with reasonable probability may be, a discharge. See Arizona Laws 49-201
• Facility: means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice. See Arizona Laws 49-281
• Fiduciary: A trustee, executor, or administrator.
• 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}
• Fund: means the water quality assurance revolving fund established by section 49-282. See Arizona Laws 49-281
• Gray water: means wastewater that has been collected separately from a sewage flow and that originates from a clothes washer or a bathroom tub, shower or sink but that does not include wastewater from a kitchen sink, dishwasher or toilet. See Arizona Laws 49-201
• Groundwater protection data gap: means that a pesticide for agricultural use has been registered with the Arizona department of agriculture without the director of environmental quality finding that the information submitted pursuant to section 49-302 meets the requirements of this article. See Arizona Laws 49-301
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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 substance: means :

  (a) Any substance designated pursuant to sections 311(b)(2)(A) and 307(a) of the clean water act. See Arizona Laws 49-201

• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• 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 § 1313(d) and the regulations implementing that statute. See Arizona Laws 49-231
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Indirect discharge: means either of the following:

  (a) The introduction of pollutants into a publicly owned treatment works from any nondomestic source that is regulated under section 307(b), (c) or (d) of the clean water act. See Arizona Laws 49-255

• Industrial user: means a source of indirect discharge. See Arizona Laws 49-255
• Inert material: means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand and soil. See Arizona Laws 49-201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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.
• Major modification: means a physical change in an existing facility or a change in its method of operation that results in a significant increase or adverse alteration in the characteristics or volume of the pollutants discharged, or the addition of a process or major piece of production equipment, building or structure that is physically separated from the existing operation and that causes a discharge, provided that:

  (a) A modification to a groundwater protection permit facility as defined in Section 49-241. See Arizona Laws 49-201

• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• New facility: means a previously closed facility that resumes operation or a facility on which construction was begun after August 13, 1986 on a site at which no other facility is located or to totally replace the process or production equipment that causes the discharge from an existing facility. See Arizona Laws 49-201
• New pesticide: means a pesticide that contains an active ingredient for which the information required under section 49-302, subsection A has not been submitted by the applicant for registration and that has not been approved by the director of environmental quality. See Arizona Laws 49-301
• Nonpoint source: means any conveyance that is not a point source from which pollutants are or may be discharged to WOTUS. See Arizona Laws 49-201
• Nonrecoverable costs: means any costs incurred by the director after June 30, 1997:

  (a) That consist of salaries and benefits paid to state employees, including direct and indirect costs, except as specifically provided in Section 49-282. See Arizona Laws 49-281

• 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.
• On-site wastewater treatment facility: means a conventional septic tank system or alternative system that is installed at a site to treat and dispose of wastewater of predominantly human origin that is generated at that site. See Arizona Laws 49-201
• Ordinary high watermark: means the line on the shore of an intermittent or perennial protected surface water established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris or other appropriate means that consider the characteristics of the channel, floodplain and riparian area. See Arizona Laws 49-201
• Orphan shares: means the shares of the cost of a remedial action that are allocated to an identified person who is determined to be a responsible party and that are not paid or otherwise satisfied by that responsible party due to any of the following:

  (a) The party cannot be located or no longer exists. See Arizona Laws 49-281

• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Permit: means a written authorization issued by the director or prescribed by this chapter or in a rule adopted under this chapter stating the conditions and restrictions governing a discharge or governing the construction, operation or modification of a facility. See Arizona Laws 49-201
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
• Pesticide: means any substance or mixture of substances intended for either:

  (a) Preventing, destroying, repelling or mitigating any pest. See Arizona Laws 49-301

• Plaintiff: The person who files the complaint in a civil lawsuit.
• Point source: means any discernible, confined and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be discharged to WOTUS or protected surface water. See Arizona Laws 49-201
• Pollutant: means fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous or hazardous substances. See Arizona Laws 49-201
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Postclosure monitoring and maintenance: means those activities that are conducted after closure notification and that are necessary to:

  (a) Keep the facility in compliance with either the aquifer water quality standards at the applicable point of compliance or, for any aquifer water quality standard that is exceeded at the time the aquifer protection permit is issued, the requirement to prevent the facility from further degrading the aquifer at the applicable point of compliance as provided under section 49-243, subsection B, paragraph 3. See Arizona Laws 49-201

• Practicably: means able to be reasonably done from the standpoint of technical practicability and, except for pollutants addressed in section 49-243, subsection I, economically achievable on an industry-wide basis. See Arizona Laws 49-201
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected surface waters: means waters of the state listed on the protected surface waters list under section 49-221, subsection G and all WOTUS. See Arizona Laws 49-201
• 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 waters: means waters of the state open to or managed for use by members of the general public. See Arizona Laws 49-201
• Publicly owned treatment works: means a treatment works owned by this state or a municipality of this state as defined in section 502(4) of the clean water act or that discharges to a protected surface water. See Arizona Laws 49-255
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recharge project: means a facility necessary or convenient to obtain, divert, withdraw, transport, exchange, deliver, treat or store water to infiltrate or reintroduce that water into the ground. See Arizona Laws 49-201
• Reclaimed water: means water that has been treated or processed by a wastewater treatment plant or an on-site wastewater treatment facility. See Arizona Laws 49-201
• 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}
• Registrant: means a person that has registered a pesticide pursuant to Title 3, Chapter 2, Article 5. See Arizona Laws 49-301
• Regulated agricultural activity: means the application of nitrogen fertilizer or a concentrated animal feeding operation. See Arizona Laws 49-201
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment but excludes:

  (a) Any release that results in exposure to persons solely within a workplace, with respect to a claim that such persons may assert against the employer of such persons. See Arizona Laws 49-281

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remedial actions: means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment, such actions as may be necessary to investigate, monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the environment that may otherwise result from a release or threat of release of a hazardous substance. See Arizona Laws 49-281
• Remedy: means a remedial action selected in a record of decision issued pursuant to Section 49-287. See Arizona Laws 49-281
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Safe drinking water act: means the federal safe drinking water act, as amended (P. See Arizona Laws 49-201
• 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.
• Site: means the geographical areal extent of contamination. See Arizona Laws 49-281
• Soil adsorption coefficient: means a measure of the tendency of a pesticide, or its biologically active transformation products, to bond to the surfaces of soil particles. See Arizona Laws 49-301
• Standards: means water quality standards, pretreatment standards and toxicity standards established pursuant to this chapter. See Arizona Laws 49-201
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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. See Arizona Laws 49-231
• Tank: means a stationary device, including a sump, that is constructed of concrete, steel, plastic, fiberglass, or other non-earthen material that provides substantial structural support, and that is designed to contain an accumulation of solid, liquid or gaseous materials. See Arizona Laws 49-201
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• TMDL implementation plan: means a written strategy to implement a total maximum daily load that is developed for an impaired water. See Arizona Laws 49-231
• 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. See Arizona Laws 49-231
• Toxic pollutant: means a substance that will cause significant adverse reactions if ingested in drinking water. See Arizona Laws 49-201
• Treatment works: means any devices and systems that are used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, the elements essential to providing a reliable recycled supply such as standby treatment units and clear well facilities, and any works that will be an integral part of the treatment process or that are used for residues resulting from that treatment. See Arizona Laws 49-255
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Vadose zone: means the zone between the ground surface and any aquifer. See Arizona Laws 49-201
• Vertical cross-contamination: means the vertical migration of released hazardous substances in groundwater through a well from an aquifer or aquifer layer to another aquifer or aquifer layer. See Arizona Laws 49-281
• Waters of the state: means all waters within the jurisdiction of this state including all perennial or intermittent streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, aquifers, springs, irrigation systems, drainage systems and other bodies or accumulations of surface, underground, natural, artificial, public or private water situated wholly or partly in or bordering on the state. See Arizona Laws 49-201
• Well: means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension. See Arizona Laws 49-201
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• WOTUS: means waters of the state that are also navigable waters as defined by section 502(7) of the clean water act. See Arizona Laws 49-201
• WOTUS protected surface water: means a protected surface water that is a WOTUS. See Arizona Laws 49-201
• Writing: includes printing. See Arizona Laws 1-215