Terms Used In Arizona Laws > Title 49 > Chapter 2 > Article 1 - General Provisions

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Administrator: means the administrator of the United States environmental protection agency. See Arizona Laws 49-201
• 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.
• 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
• 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
• CERCLA: means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P. See Arizona Laws 49-201
• 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.
• 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
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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
• 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.
• 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
• 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
• 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

• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Inert material: means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand and soil. See Arizona Laws 49-201
• 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.
• 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
• 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
• 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
• 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
• 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: 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
• 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
• 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
• 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
• 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.
• 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
• Safe drinking water act: means the federal safe drinking water act, as amended (P. See Arizona Laws 49-201
• 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.
• 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
• 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
• 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
• 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
• Writing: includes printing. See Arizona Laws 1-215