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 – 49-817
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
Article 11 Management of Coal Combustion Residuals 49-891 – 49-891.01

Terms Used In Arizona Laws > Title 49 > Chapter 4 - Solid Waste Management

  • 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
  • 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
  • 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 county board of supervisors. See Arizona Laws 11-681
  • Bonds: means the bonds issued pursuant to this article. See Arizona Laws 11-681
  • CCR: means fly ash, bottom ash, boiler slag and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers. See Arizona Laws 49-701
  • CCR program approval: means United States environmental protection agency approval of the Arizona coal combustion residuals program in accordance with 42 United States Code § 6945(d)(1). See Arizona Laws 49-701
  • Closed solid waste facility: means any of the following:

    (a) A solid waste facility other than a CCR unit that ceases storing, treating, processing or receiving for disposal solid waste before the effective date of design and operation rules for that type of facility adopted pursuant to section 49-761. See Arizona Laws 49-701

  • 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
  • Conditionally exempt small quantity generator waste: means hazardous waste in quantities as defined by rules adopted pursuant to section 49-922. See Arizona Laws 49-701
  • Construction debris: means solid waste derived from the construction, repair or remodeling of buildings or other structures. See Arizona Laws 49-701
  • 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

  • Demolition debris: means solid waste derived from the demolition of buildings or other structures. See Arizona Laws 49-701
  • Depolymerization: means a manufacturing process through which post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate or final products, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings and other basic hydrocarbons. See Arizona Laws 49-701
  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • 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 other than a CCR unit 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 other than a permit issued under article 11 of this chapter. See Arizona Laws 49-701
  • 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.
  • Gasification: means a manufacturing process through which recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate and final products, including plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil and other fuels, including ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products or fuels. See Arizona Laws 49-701
  • Household hazardous waste: means solid waste as described in 40 C. See Arizona Laws 49-701
  • impoundment: means a natural topographic depression, man-made excavation or diked area, which is designed to hold an accumulation of CCR and liquids, and the CCR unit treats, stores or disposes of CCR. See Arizona Laws 49-701
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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 not more than ten percent by volume of vegetative waste. See Arizona Laws 49-701
  • Lateral expansion: means , for the purposes of the coal combustion residuals program established pursuant to article 11 of this chapter, a horizontal expansion of the waste boundaries of an existing CCR landfill or existing CCR surface impoundment made after October 19, 2015. 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.
  • 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.
  • 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
  • Minor: means a person under eighteen years of age. See Arizona Laws 1-215
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Municipal or county solid waste: means any garbage, trash, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material but not including domestic sewage or hazardous waste. See Arizona Laws 49-831
  • 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
  • Municipality: means an incorporated city or town with a population of more than five thousand persons. See Arizona Laws 49-831
  • 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 or article 11 of this chapter for that type of solid waste facility. See Arizona Laws 49-701
  • 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: 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
  • Paper: means newspaper, high grade office paper, fine paper, bond paper, offset paper, xerographic paper, duplicator paper and related types of cellulosic material containing not more than ten percent by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants. See Arizona Laws 49-831
  • 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 that 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 used by any person for the storage, processing, treatment or disposal of solid waste that is not generated on site. See Arizona Laws 49-701
  • Pyrolysis: means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted, are thermally decomposed and are then cooled, condensed and converted into valuable raw, intermediate and final products, including plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil and other fuels, including ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products or fuels. See Arizona Laws 49-701
  • 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
  • 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 that 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
  • 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.
  • 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 used 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 management: means the systematic administration of activities that 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
  • Source reduction: means any action that 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 containment or holding of materials, either on a temporary or long-term basis, in such a manner as not to constitute disposal of such materials. See Arizona Laws 49-831
  • 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.
  • 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.
  • 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
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Used oil: means any oil that has been refined from crude or synthetic oil and, as a result of use, storage or handling, that has become unsuitable for its original purpose due to the presence of impurities or loss of original properties but that may be suitable for further use and may be economically recyclable. See Arizona Laws 49-831
  • Waste pile: means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. See Arizona Laws 49-701
  • 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