Sections
Article 1 General Provisions 49-701 – 49-706
Article 2 Planning and Assistance 49-721 – 49-724
Article 3 Solid Waste Services 49-741 – 49-747
Article 4 Regulation of Solid Waste 49-761 – 49-774
Article 5 Enforcement 49-781 – 49-785
Article 6 Violations and Penalties 49-791
Article 7 Management of Used Oil 49-801 – 49-818
Article 8 Arizona Recycling Program 49-831 – 49-837
Article 9 Management of Special Waste 49-851 – 49-868
Article 10 Solid Waste Fee Fund 49-881

Terms Used In Arizona Laws > Title 49 > Chapter 4

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Administratively complete plan: means an application for a solid waste facility plan approval that the department has determined contains each of the components required by statute or rule but that has not undergone technical review or public notice by the department. See Arizona Laws 49-701
  • Administrator: means the administrator of the United States environmental protection agency. See Arizona Laws 49-701
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Agency: means this state or a state agency, county, municipality or political subdivision. See Arizona Laws 49-831
  • 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.
  • 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
  • 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.
  • Best management practices: means a method or combination of methods that is used in the treatment, storage and disposal of a special waste and that achieves the maximum practical cost effective protection of public health or the environment. See Arizona Laws 49-851
  • Board: means the board of supervisors. See Arizona Laws 11-801
  • Collection: means the act of picking up post-consumer secondary materials from homes, businesses, governmental agencies, institutions or industrial sites. See Arizona Laws 49-831
  • Commission: means the county planning and zoning commission. See Arizona Laws 11-801
  • Consumer: means a person who purchases a product for use, consumption or any purpose other than resale. See Arizona Laws 49-831
  • Consumer of newsprint: means a person who uses newsprint in a commercial printing operation or in a commercial publishing operation. See Arizona Laws 49-831
  • 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.
  • County: means :

    (a) The board of supervisors in the context of the exercise of powers or duties. See Arizona Laws 49-701

  • 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 solid waste facility: means a solid waste facility that begins construction or is in operation on the effective date of the design and operation rules adopted by the director pursuant to section 49-761 for that type of solid waste facility. See Arizona Laws 49-701
  • Facility plan: means any design or operating plan for a solid waste facility or group of solid waste facilities. See Arizona Laws 49-701
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Household hazardous waste: means solid waste as described in 40 Code of Federal Regulations section 261. See Arizona Laws 49-701
  • Household waste: means any solid waste including garbage, rubbish and sanitary waste from septic tanks that is generated from households including single and multiple family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas, not including construction debris, landscaping rubble or demolition debris. See Arizona Laws 49-701
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Land disposal: means placement of solid waste in or on land. See Arizona Laws 49-701
  • Landscaping rubble: means material that is derived from landscaping or reclamation activities and that may contain inert material and no more than ten per cent by volume of vegetative waste. See Arizona Laws 49-701
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Management agency: means any person responsible for the day-to-day operation, maintenance and management of a particular public facility or group of public facilities. See Arizona Laws 49-701
  • Medical waste: means any solid waste which is generated in the diagnosis, treatment or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals, and includes discarded drugs but does not include hazardous waste as defined in section 49-921 other than conditionally exempt small quantity generator waste. See Arizona Laws 49-701
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Municipal solid waste landfill: means any solid waste landfill that accepts household waste, household hazardous waste or conditionally exempt small quantity generator waste. See Arizona Laws 49-701
  • Natural resources: means the supply of materials, not made by man, that are used for making goods. See Arizona Laws 49-831
  • New solid waste facility: means a solid waste facility that begins construction or operation after the effective date of design and operating rules that are adopted pursuant to section 49-761 for that type of solid waste facility. See Arizona Laws 49-701
  • 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
  • Newsprint: means uncoated paper, whether supercalendered or machine finished, including the type generally used for the publication of newspapers, commercial advertising inserts, directories or commercial advertising mailers, which is made primarily from mechanical wood pulps combined with some chemical wood pulp. See Arizona Laws 49-831
  • On site: means the same or geographically contiguous property that may be divided by public or private right-of-way if the entrance and exit between the properties are at a crossroads intersection and access is by crossing the right-of-way and not by traveling along the right-of-way. See Arizona Laws 49-701
  • On site: means at or on the same or geographically contiguous property that may be divided by public or private right-of-way, provided the entrance and exit between the properties are at a crossroads intersection and access is by crossing as opposed to travel along the right-of-way. See Arizona Laws 49-851
  • 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.
  • Person: means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person. See Arizona Laws 49-701
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Petroleum contaminated soils: means soils excavated for storage, treatment or disposal containing benzene, toluene, ethylbenzene, total xylenes, acenaphthylene, anthracene, benz(A)anthracene, benzo(A)pyrene, benzo(B)fluoranthene, benzo(K)fluoranthene, cyrysene, dibenz(A, H)anthracene, fluoranthene, fluorene, indenopyrene, naphthalene or pyrene in concentrations in excess of levels determined by the director pursuant to section 49-152 to protect the public health and the environment. See Arizona Laws 49-851
  • Plastic container: means a container which is hermetically sealed or made airtight with a metal or plastic cap with a minimum wall thickness of not less than 0. See Arizona Laws 49-831
  • Plastics: means a specific polymer or mix of polymers in combination with various amounts of plasticizers, stabilizers, colorants, fillers and other organic and inorganic compounds. See Arizona Laws 49-831
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • processing: means the reduction, separation, recovery, conversion or recycling of solid waste. See Arizona Laws 49-701
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Public solid waste facility: means a transfer facility and any site owned, operated or utilized by any person for the storage, processing, treatment or disposal of solid waste that is not generated on site. See Arizona Laws 49-701
  • 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.
  • Recycled: means a process by which post-consumer materials are collected, separated, cleansed, treated or reconstituted and returned to the economic stream in the form of raw materials or products. See Arizona Laws 49-831
  • Recycled-content newsprint: means newsprint which contains post-consumer wastepaper. See Arizona Laws 49-831
  • Recycling: means the process of collecting, separating, cleansing, treating and reconstituting post-consumer materials that would otherwise become solid waste and returning them to the economic stream in the form of raw material for reconstituted products which meet the quality standards necessary to be used in the marketplace, but does not include incineration or other similar processes. See Arizona Laws 49-831
  • Recycling facility: means a solid waste facility that is owned, operated or used for the storage, treatment or processing of recyclable solid waste and that handles wastes that have a significant adverse effect on the environment. See Arizona Laws 49-701
  • Recycling program: means the program prepared and adopted by this state and approved by the department to implement the recycling program goals of this state or a program prepared and adopted by a county or municipality of this state. See Arizona Laws 49-831
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reuse: means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity. See Arizona Laws 49-831
  • Salvaging: means the removal of solid waste from a solid waste facility with the permission and in accordance with rules or ordinances of the management agency for purposes of productive reuse. See Arizona Laws 49-701
  • Shipper: means a person who transports a special waste in commerce. See Arizona Laws 49-851
  • Solid waste facility: means a transfer facility and any site owned, operated or utilized by any person for the storage, processing, treatment or disposal of solid waste, conditionally exempt small quantity generator waste or household hazardous waste but does not include the following:

    (a) A site at which less than one ton of solid waste that is not household waste, household hazardous waste, conditionally exempt small quantity generator waste, medical waste or special waste and that was generated on site is stored, processed, treated or disposed in compliance with section 49-762. See Arizona Laws 49-701

  • Solid waste landfill: means a facility, area of land or excavation in which solid wastes are placed for permanent disposal. See Arizona Laws 49-701
  • Solid waste management: means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances. See Arizona Laws 49-701
  • Solid waste management plan: means the plan which is adopted pursuant to section 49-721 and which provides guidelines for the collection, source separation, storage, transportation, processing, treatment, reclamation and disposal of solid waste in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances. See Arizona Laws 49-701
  • Source reduction: means any action which causes a net reduction in the generation of solid waste and includes reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard waste generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic and other materials in the manufacturing process. See Arizona Laws 49-831
  • Special waste: means a solid waste as defined in section 49-701. See Arizona Laws 49-851
  • Statute: A law passed by a legislature.
  • Storage: means the holding of solid waste. See Arizona Laws 49-701
  • Storage: means the holding of special waste for a period of not more than one year unless a lesser period of time is designated by the director pursuant to best management practices rules. See Arizona Laws 49-851
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transfer facility: means a site that is owned, operated or used by any person for the rehandling or storage for ninety days or less of solid waste that was generated off site for the primary purpose of transporting that solid waste. See Arizona Laws 49-701
  • Treatment: means any method, technique or process used to change the physical, chemical or biological character of solid waste so as to render that waste safer for transport, amenable for processing, amenable for storage or reduced in volume. See Arizona Laws 49-701
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Used oil: means any oil which has been refined from crude or synthetic oil and, as a result of use, storage or handling, which has become unsuitable for its original purpose due to the presence of impurities or loss of original properties but which may be suitable for further use and may be economically recyclable. See Arizona Laws 49-831
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Waste tire facility: means a solid waste facility at which five thousand or more waste tires are stored outdoors on any day. See Arizona Laws 49-701
  • 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