| 65 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 11-811, Arizona Revised Statutes, is amended to read: START_STATUTE11-811. Zoning ordinance; zoning districts; definitions A. Pursuant to this article, the board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the zoning ordinance: 1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts. 2. May establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces. 3. Shall consider access to incident solar energy. 4. May provide for retirement community zoning districts. 5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the ordinance shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the ordinance may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4. Notwithstanding section 11-812, a county in regulating or licensing businesses and facilities pursuant to this paragraph may impose reasonable operating requirements that affect the existing uses of businesses and facilities. 6. Shall designate and zone appropriate areas of reasonable size in which there may be established with reasonable permanency canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. A dairy operation, including areas designated for the raising of replacement heifers or bulls owned by the same dairy operation, is not subject to this paragraph, and is a general agricultural purpose under subsection D, paragraph 2 of this section and section 11-812, subsection A, paragraph 2. A replacement heifer or bull raising operation of a dairy that is not on contiguous property of the dairy is subject to this paragraph unless the operation begins within one-quarter mile of the dairy. 7. May not impose any other REQUIREMENTS or penalties RELATED to gray water, gray water reuse or composting TOILETS beyond the PROVISIONS of section 49-204 and related rules adopted by the department of environmental quality. B. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-813. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993. C. In accordance with article II, sections 1 and 2, Constitution of Arizona, the board shall consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance. D. This section does not authorize: 1. The imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law. 2. The regulation or restriction of the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph, general agricultural purposes do not include the cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801. E. For the purposes of this section: 1. "Adult arcade" means any place to which the public is permitted allowed or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms. 2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes: (a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas. (b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities. 3. "Adult live entertainment establishment" means an establishment that features either: (a) Persons who appear in a state of nudity. (b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown. 5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios. 6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business. 7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service. 8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service. 9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1. 11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended. 12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to: (a) Persons who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17. (b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17. (c) Registered nurse practitioners who are licensed pursuant to title 32, chapter 15. (d) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team. (e) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity is limited to the head, face or neck. 13. "Nude model studio": (a) Means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio (b) Does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply: (a) (i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing. (b) (ii) A student must enroll at least three days in advance of a class in order to participate. (c) (iii) No Not more than one nude or seminude model is on the premises at any time. 14. "Nude", "nudity" or "state of nudity" means any of the following: (a) The appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola. (b) A state of dress that fails to opaquely cover a human anus, genitals or a female breast below a point immediately above the top of the areola. 15. "Principal business purposes" means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection. 16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices. 17. "Specific anatomical areas" means any of the following: (a) A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered. (b) Male genitals in a discernibly turgid state even if completely and opaquely covered. 18. "Specific sexual activities" means any of the following: (a) Human genitals in a state of sexual stimulation or arousal. (b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy. (c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast. (d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph. END_STATUTE Sec. 2. Section 11-812, Arizona Revised Statutes, is amended to read: START_STATUTE11-812. Restriction on regulation; exceptions; aggregate mining regulation; definitions A. Nothing contained in Any ordinance authorized by this chapter shall not: 1. Affect existing uses of property or the right to its continued use or the reasonable repair or alteration of the property for the purpose for which used at the time the ordinance affecting the property takes effect. 2. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph: (a) "General agricultural purposes" includes agritourism as defined in section 3-111, but does not include any of the following: (i) Food establishments that are under the authority of the department of health services pursuant to section 36-136, subsection I and that are associated with an agritourism business. (ii) Rodeo events that are open to the general public and that sell tickets for admission. For the purposes of this item, rodeo events do not include generally accepted agricultural practices associated with livestock and equine operations. (iii) The cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801. (b) "Mining" has the same meaning prescribed in section 27-301. 3. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for agricultural composting, if the tract is five or more contiguous commercial acres. An agricultural composting operation shall notify in writing the board of supervisors and the nearest fire department of the location of the composting operation. If the nearest fire department is located in a city, town or fire district where the agricultural composting is not located, the agricultural composting operation shall also notify in writing the fire district in which the operation is located. Agricultural composting is subject to sections 3-112 and 49-141. For the purposes of this paragraph, "agricultural composting" has the same meaning prescribed in section 9-462.01, subsection G. 4. Prevent, restrict or otherwise regulate the otherwise lawful discharge of a firearm or air gun or use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis. 5. Prevent, restrict or otherwise regulate the use or occupation of land or improvements on land related to gray water or composting toilets that conform to the requirements of section 49-204, except as provided by section 49-204 and related rules adopted by the department of ENVIRONMENTAL quality. B. A nonconforming business use within a district may expand if the expansion does not exceed one hundred per cent percent of the area of the original business. C. For the purposes of subsection A, paragraph 2 of this section, mining does not include aggregate mining operations in an aggregate mining operations zoning district established pursuant to this section. The board of supervisors of any county with a population of more than two million persons shall designate and establish the boundaries of an aggregate mining operations zoning district on the petition of at least one hundred persons who reside within one-half mile of an existing aggregate mining operation. In addition, the board of supervisors of any county may establish, in its discretion and on the board's initiative, one or more aggregate mining operations zoning districts. Aggregate mining operations zoning districts may only be located in areas that are inventoried and mapped as areas of known reserves or in areas with existing aggregate mining operations. Subject to subsections E and F of this section, a county and the state mine inspector may jointly adopt, as internal administrative regulations, reasonable aggregate mining operations zoning district standards limited to permitted uses, procedures for approval of property development plans and site development standards for dust control, height regulations, setbacks, days and hours of operation, off-street parking, screening, noise, vibration and air pollution control, signs, roadway access lanes, arterial highway protection and property reclamation for which aggregate mining operations are not otherwise subject to federal, state or local regulation or a governmental contractual obligation. Regulations that are jointly adopted pursuant to this subsection by the county and the state mine inspector shall not prohibit the activities included in the definition of mine pursuant to section 27-301, paragraph 8 or duplicate, conflict with or be more stringent than applicable federal, state or local laws. D. The board of supervisors of any county that establishes an aggregate mining operations zoning district shall appoint an aggregate mining operations recommendation committee for the district. The committee consists of not more than seven operators, or representatives of operators, of active aggregate mining operations in any district within the county and an equal number of private citizens, who are not operators, who are not employed by operators and who do not represent operators, residing within three miles of the boundaries of aggregate mining operations or a proposed aggregate mining operation in the district for which the committee is established. The initial members appointed to the committee shall be deemed the primary members, and the board of supervisors shall appoint not more than five alternate members who represent operators and shall appoint not more than five alternate members who are private citizens. Alternate members may serve at meetings of the committee when a primary member is unable to attend. An aggregate mining operator may serve on more than one committee in the same county. The board of supervisors shall determine the length of terms of members of the committee and shall stagger the initial appointments so that not all members' terms expire at the same time. Members of the committee who no longer qualify for membership as provided by this subsection are subject to removal and replacement by the board of supervisors. The committee shall elect a member who is an aggregate mining operator to serve as chairperson for the first year in which the committee is created. For each year thereafter, the chairperson shall be elected by the members of the committee with a member who is a private citizen and a member who is an aggregate mining operator serving as chairperson in alternate years. The committee is subject to the open meeting requirements of title 38, chapter 3, article 3.1. E. Within ninety days after an aggregate mining operations recommendation committee is established, the committee shall notify all existing aggregate mining operators in the district of the application of this section and title 27, chapter 3, article 6 to the aggregate mining operation. In addition, the committee shall: 1. By a majority vote of all members make recommendations to the board of supervisors for aggregate mining zoning districts and administrative regulations as provided in this section. The board of supervisors may adopt or reject the recommendations but may not make any modifications to the recommendations unless the modification is approved by a majority of the members of the recommendation committee. 2. Serve as a forum for mediation of disputes between members of the public and aggregate mining owners or operators. If the committee is unable to resolve a dispute, the committee shall transmit the matter to the state mine inspector, with written findings and recommendations, for further action. 3. Hear written complaints filed with the state mine inspector regarding alleged material deviations from approved community notices for aggregate mining operations and make written recommendations to the state mine inspector pursuant to section 27-446. F. Any administrative regulations adopted by a board of supervisors pursuant to this section are not effective until the regulations are approved by the state mine inspector. The state mine inspector may disapprove the administrative regulations adopted by the board of supervisors only if they duplicate, conflict with or are more stringent than applicable federal, state or local laws, rules or regulations. If the state mine inspector disapproves the administrative regulations, the state mine inspector must provide written reasons for the disapproval. The state mine inspector shall not make any modification to the administrative regulations as adopted by the board of supervisors unless the modification is approved by a majority of the members of the board of supervisors. G. A person or entity is subject to this chapter if the use or occupation of land or improvements by the person or entity consists of or includes changing, remanufacturing or treating human sewage or sludge for distribution or resale. These activities are not exempt from this chapter under subsection A, paragraph 2 of this section. H. A county shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the county, at its option, allows the use or structure to be relocated to a comparable site in the county with the same or a similar zoning classification, or to another site in the county acceptable to both the county and the owner of the use or structure, and the use or structure is relocated to the other site. The county shall pay for relocating the outdoor advertising use or structure, including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to county rezoning of property at the request of the property owner to a more intensive zoning district. I. For the purposes of this section: 1. "Aggregate" has the same meaning prescribed in section 27-441. 2. "Aggregate mining" has the same meaning prescribed in section 27-441. 3. "Aggregate mining operation" means property that is owned, operated or managed by the same person for aggregate mining. 4. "Operators" means persons who are actively engaged in aggregate mining operations within the zoning district or proposed zoning district and who have given notice to the state mine inspector pursuant to section 27-303. END_STATUTE Sec. 3. Section 11-815, Arizona Revised Statutes, is amended to read: START_STATUTE11-815. Enforcement; county zoning inspector; deputies; building permits; violations; classification; civil penalties; hearing officers and procedures A. The county zoning ordinance shall provide for its enforcement within a zoned territory by means of withholding building permits, and for those purposes may establish the position of county zoning inspector and deputy inspectors as may be required, who shall be appointed by the board. B. After the establishment establishing and filling of the position, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector, and for that purpose the applicant shall provide the zoning inspector with a sketch of the proposed construction containing sufficient information for the enforcement of the zoning ordinance. A permit is not required for repairs or improvements of a value of not exceeding five hundred dollars more than $500 or for constructing a gray water SYSTEM or for installing a composting toilet that complies with section 49-204 and related rules adopted by the department of ENVIRONMENTAL QUALITY. Reasonable fees may be charged for the issuance of a permit. The inspector shall recognize the limitations placed on the inspector's authority by sections 11-804 and 11-811, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance. In any other case the inspector shall withhold the permit. C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any ordinance pertaining to the land and any violation constitutes a public nuisance. Any person, firm or corporation violating an ordinance, or any part of an ordinance, is guilty of a class 2 misdemeanor. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense. D. A county may establish civil penalties for a violation of any zoning regulation or ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2 misdemeanor. Each day of continuance of the violation constitutes a separate violation. If an alleged violator is served with a notice of violation pursuant to subsection E of this section, the alleged violator is not subject to a criminal charge arising out of the same facts. E. A county that establishes a civil penalty for a violation of a zoning regulation or ordinance may appoint hearing officers to hear and determine zoning violations. If the zoning inspector reports a zoning violation to the hearing officer, the hearing officer shall hold a hearing after notice of the hearing has been served on the alleged violator. The zoning inspector shall cause the notice to be personally served on the alleged violator at least five days before the hearing. Personal service may be made by a zoning an inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the zoning inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. A notice served on the alleged violator other than by personal service shall be served at least thirty days before the hearing. For the purposes of this subsection, "impracticable" includes service of the notice outside the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the zoning inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure. F. At the hearing, the zoning inspector shall present evidence showing the existence of a zoning violation and the alleged violator or the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the zoning inspector. At the conclusion of the hearing, the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties pursuant to subsection D of this section. G. A hearing officer may be an employee of the county and shall be appointed by the board of supervisors. A review of decisions of the hearing officer by the board of supervisors shall be available to any party to the hearing. The board of supervisors may delegate this review to a county board of adjustment. If the board of supervisors elects to delegate this review, the board of supervisors shall delegate all requested reviews to the board of adjustment. The board of supervisors shall adopt written rules of procedure for the hearing and review of hearings, which shall be adopted in the same manner as zoning ordinances. Judicial review of the final decisions of the board of supervisors or a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that establishes civil penalties for a violation of a zoning regulation or ordinance is not precluded from pursuing the remedies as provided for in subsection H of this section. H. If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any ordinance, regulation or provision enacted or adopted by the board under the authority granted by this chapter, the board, the county attorney, the inspector or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use. END_STATUTE Sec. 4. Section 49-201, Arizona Revised Statutes, is amended to read: START_STATUTE49-201. Definitions In this chapter, unless the context otherwise requires: 1. "Administrator" means the administrator of the United States environmental protection agency. 2. "Aquifer" means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring. 3. "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. Best management practices may be applied before, during and after discharges to reduce or eliminate the introduction of pollutants into receiving waters. Economic, institutional and technical factors shall be considered in developing best management practices. 4. "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly known as "superfund". 5. "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. Clean closure also means postclosure monitoring and maintenance are unnecessary to meet the requirements in an aquifer protection permit. 6. "Clean water act" means the federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1251 through 1376), as amended. 7. "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. (b) A facility that has been approved as a clean closure by the director. (c) A facility at which any postclosure monitoring and maintenance plan, notifications and approvals required in a permit have been completed. 8. "Composting toilet" means a manufactured or constructed treatment technology that receives human waste from a waterless toilet directly into an aerobic composting chamber in which dehydration and biological activity reduce the waste volume, nutrient content and harmful microorganisms to an appropriate level for later disposal and that is used in conformity with rules ESTABLISHED by the department. 8. 9. "Concentrated animal feeding operation" means an animal feeding operation that meets the criteria prescribed in 40 Code of Federal Regulations part 122, appendix B for determining a concentrated animal feeding operation for purposes of 40 Code of Federal Regulations sections 122.23 and 122.24, appendix C. 9. 10. "Department" means the department of environmental quality. 10. 11. "Direct reuse" means the beneficial use of reclaimed water for specific purposes authorized pursuant to section 49-203, subsection A, paragraph 7. 11. 12. "Director" means the director of environmental quality or the director's designee. 12. 13. "Discharge" means the direct or indirect addition of any pollutant to the waters of the state from a facility. For purposes of the aquifer protection permit program prescribed by article 3 of this chapter, discharge means the addition of a pollutant from a facility either directly to an aquifer or to the land surface or the vadose zone in such a manner that there is a reasonable probability that the pollutant will reach an aquifer. 13. 14. "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. 14. 15. "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. 15. 16. "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. An effluent-dependent water may be perennial or intermittent depending on the volume and frequency of the point source discharge of treated wastewater. 16. 17. "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. 17. 18. "Ephemeral water" means a surface water or portion of surface water that flows or pools only in direct response to precipitation. 18. 19. "Existing facility" means a facility on which construction began before August 13, 1986 and that is neither a new facility nor a closed facility. For the purposes of this definition, construction on a facility has begun if the facility owner or operator has either: (a) Begun, or caused to begin, as part of a continuous on-site construction program any placement, assembly or installation of a building, structure or equipment. (b) Entered a binding contractual obligation to purchase a building, structure or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility engineering and design studies, do not constitute a contractual obligation for purposes of this definition. 19. 20. "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. 20. 21. "Gray water": (a) Means wastewater that has been collected separately from a sewage flow and that originates from a clothes washer, or a bathroom tub, bathroom shower, or bathroom sink, dishwasher or kitchen sink that does not include a garbage disposal. but that (b) Does not include wastewater from a kitchen sink that includes a garbage disposal, dishwasher or from a flush toilet or wastewater contaminated by soiled diapers. 21. 22. "Hazardous substance" means: (a) Any substance designated pursuant to sections 311(b)(2)(A) and 307(a) of the clean water act. (b) Any element, compound, mixture, solution or substance designated pursuant to section 102 of CERCLA. (c) Any hazardous waste having the characteristics identified under or listed pursuant to section 49-922. (d) Any hazardous air pollutant listed under section 112 of the federal clean air act (42 United States Code section 7412). (e) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the federal toxic substances control act (15 United States Code section 2606). (f) Any substance that the director, by rule, either designates as a hazardous substance following the designation of the substance by the administrator under the authority described in subdivisions (a) through (e) of this paragraph or designates as a hazardous substance on the basis of a determination that such substance represents an imminent and substantial endangerment to public health. 22. 23. "Inert material": (a) Means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand and soil. Inert material also (b) Includes material that when subjected to a water leach test that is designed to approximate natural infiltrating waters will not leach substances in concentrations that exceed numeric aquifer water quality standards established pursuant to section 49-223, including overburden and wall rock that is not acid generating, taking into consideration acid neutralization potential, and that has not and will not be subject to mine leaching operations. 23. 24. "Intermittent water" means a surface water or portion of surface water that flows continuously during certain times of the year and more than in direct response to precipitation, such as when it receives water from a spring, an elevated groundwater table or another surface source, such as melting snowpack. 24. 25. "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 49-241.01, subsection C that would qualify for an area-wide permit pursuant to section 49-243 consisting of an activity or structure listed in section 49-241, subsection B shall not constitute a major modification solely because of that listing. (b) For a groundwater protection permit facility as defined in section 49-241.01, subsection C, a physical expansion that is accomplished by lateral accretion or upward expansion within the pollutant management area of the existing facility or group of facilities shall not constitute a major modification if the accretion or expansion is accomplished through sound engineering practice in a manner compatible with existing facility design, taking into account safety, stability and risk of environmental release. For a facility described in section 49-241.01, subsection C, paragraph 1, expansion of a facility shall conform with the terms and conditions of the applicable permit. For a facility described in section 49-241.01, subsection C, paragraph 2, if the area of the contemplated expansion is not identified in the notice of disposal, the owner or operator of the facility shall submit to the director the information required by section 49-243, subsection A, paragraphs 1, 2, 3 and 7. 25. 26. "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. A major modification to an existing facility is deemed a new facility to the extent that the criteria in section 49-243, subsection B, paragraph 1 can be practicably applied to such modification. For the purposes of this definition, construction on a facility has begun if the facility owner or operator has either: (a) Begun, or caused to begin as part of a continuous on-site construction program, any placement, assembly or installation of a building, structure or equipment. (b) Entered a binding contractual obligation to purchase a building, structure or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility engineering and design studies, do not constitute a contractual obligation for purposes of this definition. 26. 27. "Nonpoint source" means any conveyance that is not a point source from which pollutants are or may be discharged to WOTUS. 27. 28. "Non-WOTUS protected surface water" means a protected surface water that is not a WOTUS. 28. 29. "Non-WOTUS waters of the state" means waters of the state that are not WOTUS. 29. 30. "On-site wastewater treatment facility": (a) 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. (b) Does not include a system that is installed at a site to treat and dispose of gray water. 30. 31. "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. 31. 32. "Perennial water" means a surface water or portion of surface water that flows continuously throughout the year. 32. 33. "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. For the purposes of regulating non-WOTUS protected surface waters, a permit shall not include provisions governing the construction, operation or modification of a facility except as necessary for the purpose of ensuring that a discharge meets water quality-related effluent limitations or to require best management practices for the purpose of ensuring that a discharge does not cause an exceedance of an applicable surface water quality standard. 33. 34. "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. 34. 35. "Point source": (a) 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. Point source (b) Does not include return flows from irrigated agriculture. 35. 36. "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. 36. 37. "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. (b) Verify that the actions or controls specified as closure requirements in an approved closure plan or strategy are routinely inspected and maintained. (c) Perform any remedial, mitigative or corrective actions or controls as specified in the aquifer protection permit or perform corrective action as necessary to comply with this paragraph and article 3 of this chapter. (d) Meet property use restrictions. 37. 38. "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. 38. 39. "Protected surface waters" means waters of the state listed on the protected surface waters list under section 49-221, subsection G and all WOTUS. 39. 40. "Public waters" means waters of the state open to or managed for use by members of the general public. 40. 41. "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. 41. 42. "Reclaimed water" means water that has been treated or processed by a wastewater treatment plant or an on-site wastewater treatment facility. 42. 43. "Regulated agricultural activity" means the application of nitrogen fertilizer or a concentrated animal feeding operation. 43. 44. "Safe drinking water act" means the federal safe drinking water act, as amended (P.L. 93-523; 88 Stat. 1660; 95-190; 91 Stat. 1393). 44. 45. "Standards" means water quality standards, pretreatment standards and toxicity standards established pursuant to this chapter. 45. 46. "Standards of performance" means performance standards, design standards, best management practices, technologically based standards and other standards, limitations or restrictions established by the director by rule or by permit condition. 46. 47. "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. 47. 48. "Toxic pollutant" means a substance that will cause significant adverse reactions if ingested in drinking water. Significant adverse reactions are reactions that may indicate a tendency of a substance or mixture to cause long lasting or irreversible damage to human health. 48. 49. "Trade secret" means information to which all of the following apply: (a) A person has taken reasonable measures to protect from disclosure and the person intends to continue to take such measures. (b) The information is not, and has not been, reasonably obtainable without the person's consent by other persons, other than governmental bodies, by use of legitimate means, other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding. (c) No statute specifically requires disclosure of the information to the public. (d) The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business's competitive position. 49. 50. "Vadose zone" means the zone between the ground surface and any aquifer. 50. 51. "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. 51. 52. "Well" means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension. 52. 53. "Wetland" means, for the purposes of non-WOTUS protected surface waters, an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 53. 54. "WOTUS" means waters of the state that are also navigable waters as defined by section 502(7) of the clean water act. 54. 55. "WOTUS protected surface water" means a protected surface water that is a WOTUS. END_STATUTE Sec. 5. Section 49-204, Arizona Revised Statutes, is amended to read: START_STATUTE49-204. Gray water; residential standards; toilet flushing; use or discharge; composting toilets; rules; definition A. A city, town or county may not limit the use of gray water by rule or ordinance unless, in an initial active management area that has a groundwater management goal of safe yield and that does not contain a part of the central Arizona project aqueduct, effluent has been included in an assured water supply determination pursuant to section 45-576 and the use of gray water would reduce the volume of effluent available to satisfy assured water supply requirements applicable to that determination. B. For residential gray water treatment systems that are used indoors for toilet flushing, the director may establish by rule minimum requirements that are necessary specifically to address public health or safety concerns. C. Until rules are adopted pursuant to subsection B of this section, residential gray water may be used indoors for toilet flushing with a gray water treatment system that complies with all of the following: 1. Uses less than four hundred gallons of gray water per day. 2. Is certified to meet standard 350 for residential gray water recycling that is issued by a national sanitary foundation and an American national standards institute. 3. Reasonably precludes human contact with gray water. 4. Provides a dedicated piping system that supplies only treated gray water to the toilet flushing facilities. 5. Provides gray water for toilet flushing only if the system is properly functioning. D. Any residential gray water treatment system that is installed after the effective date of rules adopted pursuant to subsection B of this section and that includes the use of gray water for indoor toilet flushing shall meet the minimum requirements that are established by those rules. E. The department shall adopt rules that allow for the use or discharge of gray water and for the use of composting toilets. Rules adopted pursuant to this section shall: 1. Not later than June 1, 2026, allow for the use or discharge of gray water at a single-family residence pursuant to a general permit. 2. Not later than June 1, 2026, allow for the use of composting toilets and the use or discharge of gray water on residential rural land pursuant to a general permit. 3. Establish conditions that exempt a property owner of residential rural land that has installed only composting toilets, rather than conventional toilets, and that uses only gray water from the requirement to connect to an on-site wastewater treatment facility or outside sewage system. 4. Establish conditions that allow a property owner of residential rural land to install low-cost waterless composting toilets. 5. Have the primary objective to facilitate and maximize the volume of allowable gray water reuse, including from kitchen sinks and dishwashers. 6. Minimize the costs and burdens of gray water reuse and impose conditions and restrictions only to the extent necessary to protect public health, safety and groundwater from contamination. 7. Not require an individual permit for a single-family residence or for residential rural land. F. For the purposes of this section, the department shall retain the same authority to enforce subsection e of this section as it does to enforce other uses of gray water. G. For the purposes of this section, "residential rural land" means property that meets all of the following conditions: 1. Is not located in a county island as defined in section 11-251.12. 2. Is located in an unincorporated area of a county with a zoning classification that allows for the construction of a private residence. 3. Is located on a lot of two acres or larger. 4. Is not directly adjacent to a city or town. END_STATUTE Sec. 6. Section 49-701, Arizona Revised Statutes, is amended to read: START_STATUTE49-701. Definitions In this chapter, unless the context otherwise requires: 1. "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. 2. "Administrator" means the administrator of the United States environmental protection agency. 3. "Advanced recycling": (a) Means a manufacturing process to convert post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels and coatings and other products such as waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis and other similar technologies. (b) Does not include solid waste management, processing, incineration or treatment. 4. "Advanced recycling facility": (a) Means a facility that receives, stores and converts post-use polymers and recovered feedstocks using advanced recycling. (b) Includes a manufacturing facility that is subject to applicable provisions of law and department rules for air quality, water quality and waste and land use. (c) Does not include a solid waste facility, processing facility, treatment facility, materials recovery facility, recycling facility or incinerator. 5. "Beneficial use of CCR" means that the CCR meets all of the following conditions apply: (a) The CCR provides a functional benefit. (b) The CCR substitutes for the use of a virgin material, which conserves natural resources that would otherwise need to be obtained through practices such as extraction. (c) The use of the CCR meets relevant product specifications, regulatory standards or design standards when available, and when those standards are not available, the CCR is not used in excess quantities. (d) When If unencapsulated use of CCR involving involves placement of twelve thousand four hundred tons or more on the land in nonroadway applications, the user demonstrates, keeps records and provides documentation on request, that environmental releases to groundwater, surface water, soil and air are comparable to or lower than those from analogous products made without CCR, or that environmental releases to groundwater, surface water, soil and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use. 6. "CCR pile" or "pile": (a) Means any noncontainerized accumulation of solid, nonflowing CCR that is placed on the land. (b) Does not include a CCR that is beneficially used off-site. 7. "CCR program approval" means United States environmental protection agency approval of the Arizona coal combustion residuals program in accordance with 42 United States Code section 6945(d)(1). 8. "CCR surface impoundment" or "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. 9. "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. (b) A public solid waste landfill that meets any of the following criteria: (i) Ceased receiving solid waste before July 1, 1983. (ii) Ceased receiving solid waste and received at least two feet of cover material before January 1, 1986. (iii) Received approval for closure from the department. (c) A public composting plant or a public incinerating facility that closed in accordance with an approved plan. (d) A CCR unit when placement of CCR in a CCR unit has ceased and the owner or operator has completed closure of the CCR unit and has initiated postclosure care in accordance with 40 Code of Federal Regulations part 257, subpart D or in accordance with a program approved by the United States environmental protection agency under 42 United States Code section 6945(d)(1). 10. "Coal combustion residuals" or "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. 11. "Coal combustion residuals landfill" or "CCR landfill": (a) Means an area of land or an excavation that receives CCR and that is not a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground or surface coal mine or a cave. (b) Includes sand and gravel pits and quarries that receive CCR or CCR piles and any use of CCR that does not meet the definition of a beneficial use of CCR. 12. "Coal combustion residuals unit" or "CCR unit": (a) Means any CCR landfill, CCR surface impoundment or lateral expansion of a CCR unit or a combination of more than one of these units. (b) Includes both new and existing units, unless otherwise specified. 13. "Conditionally exempt small quantity generator waste" means hazardous waste in quantities as defined by rules adopted pursuant to section 49-922. 14. "Construction debris" means solid waste derived from the construction, repair or remodeling of buildings or other structures. 15. "County" means: (a) The board of supervisors in the context of the exercise of powers or duties. (b) The unincorporated areas in the context of area of jurisdiction. 16. "Demolition debris" means solid waste derived from the demolition of buildings or other structures. 17. "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. 18. "Discharge" has the same meaning prescribed in section 49-201. 19. "Existing CCR landfill" means a CCR landfill that receives CCR both before and after October 19, 2015, or for which construction commenced before October 19, 2015 and that receives CCR on or after October 19, 2015. For the purposes of this paragraph, "commenced construction" means the owner or operator of a CCR landfill has obtained the federal, state and local approvals or permits necessary to begin physical construction and a continuous on site, physical construction program had begun before October 19, 2015. 20. "Existing CCR surface impoundment" means a CCR surface impoundment that meets one of the following conditions: (a) Receives CCR both before and after October 19, 2015. (b) For which construction commenced before October 19, 2015 and that receives CCR on or after October 19, 2015. For the purposes of this paragraph, "commenced construction" means the owner or operator of a CCR surface impoundment has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on site, physical construction program had begun prior to before October 19, 2015. 21. "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. 22. "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. 23. "40 C.F.R. part 257, subparts A and B" means 40 Code of Federal Regulations part 257, subparts A and B in effect on May 1, 2004. 24. "40 C.F.R. part 258" means 40 Code of Federal Regulations part 258 in effect on May 1, 2004. 25. "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. 26. "Household hazardous waste" means solid waste as described in 40 Code of Federal Regulations section 261.4(b)(1) as incorporated by reference in the rules adopted pursuant to chapter 5 of this title. 27. "Household waste": (a) 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. (b) Does not include construction debris, landscaping rubble or demolition debris. 28. "Inert material": (a) Means material that satisfies all of the following conditions: (i) Is not flammable. (ii) Will not decompose. (iii) Will not leach substances in concentrations that exceed applicable aquifer water quality standards prescribed by section 49-201, paragraph 22 23 when subjected to a water leach test that is designed to approximate natural infiltrating waters. (b) Includes concrete, asphaltic pavement, brick, rock, gravel, sand, soil and metal, if used as reinforcement in concrete. (c) Does not include special waste, hazardous waste, glass or other metal. 29. "Land disposal" means placement of solid waste in or on land. 30. "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. 31. "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. 32. "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. 33. "Medical waste": (a) Means any solid waste that 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. (b) Includes discarded drugs. (c) Does not include hazardous waste as defined in section 49-921 other than conditionally exempt small quantity generator waste. 34. "Municipal solid waste landfill" means any solid waste landfill that accepts household waste, household hazardous waste or conditionally exempt small quantity generator waste. 35. "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. 36. "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. Noncontiguous properties that are owned by the same person and connected by a right-of-way that is controlled by that person and to which the public does not have access are deemed on site property. Noncontiguous properties that are owned or operated by the same person regardless of right-of-way control are also deemed on site property. 37. "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. 38. "Post-use polymer": (a) Means a plastic to which all of the following apply: (i) The plastic is derived from any industrial, commercial, agricultural or domestic activities. (ii) The plastic is not mixed with solid waste or hazardous waste on site or during processing at the advanced recycling facility. (iii) The plastic's use or intended use is as a feedstock for manufacturing crude oil, fuels, feedstocks, blendstocks, raw materials or other intermediate products or final products using advanced recycling. (iv) The plastic has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings. (v) The plastic is processed at an advanced recycling facility or held at an advanced recycling facility before processing. (b) Does not include solid waste or municipal waste. 39. "Process" or "processing" means the reduction, separation, recovery, conversion or recycling of solid waste. 40. "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. 41. "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. 42. "Recovered feedstocks": (a) Means one or more of the following materials that have been processed so that they may be used as feedstock in an advanced recycling facility: (i) Post-use polymers. (ii) Materials for which the United States environmental protection agency has made a nonwaste determination pursuant to 40 Code of Federal Regulations section 241.3(c) or has otherwise determined are feedstocks and not solid waste. (b) Does not include: (i) Unprocessed municipal solid waste. (ii) Materials that are mixed with solid waste or hazardous waste on site or during processing at an advanced recycling facility. 43. "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. 44. "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. 45. "Scavenging" means the unauthorized removal of solid waste from a solid waste facility. 46. "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 49-762.07, subsection F. (b) A site at which solid waste that was generated on site is stored for ninety days or less. (c) A site at which nonputrescible solid waste that was generated on site in amounts of less than one thousand kilograms per month per type of nonputrescible solid waste is stored and contained for one hundred eighty days or less. (d) A site that stores, treats or processes paper, glass, wood, cardboard, household textiles, scrap metal, plastic, vegetative waste, aluminum, steel or other recyclable material and that is not a waste tire facility, a transfer facility or a recycling facility. (e) A site where sludge from a wastewater treatment facility is applied to the land as a fertilizer or beneficial soil amendment in accordance with sludge application requirements. (f) A closed solid waste facility. (g) A solid waste landfill that is performing or has completed postclosure care before July 1, 1996 in accordance with an approved postclosure plan. (h) A closed solid waste landfill performing a onetime removal of solid waste from the closed solid waste landfill, if the operator provides a written notice that describes the removal project to the department within thirty days after completion of the removal project. (i) A site where solid waste generated in street sweeping activities is stored, processed or treated before disposal at a solid waste facility authorized under this chapter. (j) A site where solid waste generated at either a drinking water treatment facility or a wastewater treatment facility is stored, processed, or treated on site before disposal at a solid waste facility authorized under this chapter, and any discharge is regulated pursuant to chapter 2, article 3 of this title. (k) A closed solid waste landfill where development activities occur on the property or where excavation or removal of solid waste is performed for maintenance and repair if the following conditions are met: (i) When the project is completed there will not be an increase in leachate that would result in a discharge. (ii) When the project is completed the concentration of methane gas will not exceed twenty-five percent of the lower explosive limit in on-site structures, or the concentration of methane gas will not exceed the lower explosive limit at the property line. (iii) Protection has been provided to prevent remaining waste from causing any vector, odor, litter or other environmental nuisance. (iv) The operator provides a notice to the department containing the information required by section 49-762.07, subsection A, paragraphs 1, 2 and 5 and a brief description of the project. (l) Agricultural on-site disposal as provided in section 49-766. (m) The use, storage, treatment or disposal of by-products of regulated agricultural activities as defined in section 49-201 and that are subject to best management practices pursuant to section 49-247 or by-products of livestock, range livestock and poultry as defined in section 3-1201, pesticide containers that are regulated pursuant to title 3, chapter 2, article 6 or other agricultural crop residues. (n) Household hazardous waste collection events held at a temporary site for not more than six days in any calendar quarter. (o) Wastewater treatment facilities as defined in section 49-1201. (p) An on-site single-family household waste composting facility. (q) A site at which five hundred or fewer waste tires are stored. (r) A site at which mining industry off-road waste tires are stored or are disposed of as prescribed by rules in effect on February 1, 1996, until the director by rule determines that on-site recycling methods exist that are technically feasible and economically practical. (s) A site at which underground piping, conduit, pipe covering or similar structures are abandoned in place in accordance with applicable state and federal laws. (t) An advanced recycling facility that converts recovered feedstocks to manufacture raw materials and intermediate and final products. 47. "Solid waste landfill": (a) Means a facility, area of land or excavation in which solid wastes are placed for permanent disposal. (b) Does not include a land application unit, surface impoundment, injection well, coal combustion residuals landfill, compost pile or waste pile or an area containing ash from the on-site combustion of coal that does not contain household waste, household hazardous waste or conditionally exempt small quantity generator waste. 48. "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. 49. "Solid waste management plan" means the plan that is adopted pursuant to section 49-721 and that 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. 50. "Solvolysis": (a) Means a manufacturing process through which post-use polymers are purified with the aid of solvents, allowing additives and contaminants to be removed and producing polymers capable of being recycled or reused without first being reverted to a monomer. (b) Includes hydrolysis, aminolysis, ammonoloysis, methanolysis and glycolysis. 51. "Storage" means the holding of solid waste. 52. "Transfer facility": (a) 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. (b) Includes those facilities that include significant solid waste transfer activities that warrant the facility's regulation as a transfer facility. 53. "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. 54. "Vegetative waste": (a) Means waste derived from plants, including tree limbs and branches, stumps, grass clippings and other waste plant material. (b) Does not include processed lumber, paper, cardboard and other manufactured products that are derived from plant material. 55. "Waste pile" means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. 56. Waste tire does not include tires used for agricultural purposes as bumpers on agricultural equipment or as ballast to maintain covers at an agricultural site, or any tire disposed of using any of the methods in section 44-1304, subsection D, paragraphs 1, 2, 3, 5 through 8 and 11 and means any of the following: (a) A tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (b) A tire that is removed from a motor vehicle and is retained for further use. (c) A tire that has been chopped or shredded. 57. "Waste tire facility" means a solid waste facility at which five thousand or more waste tires are stored outdoors on any day. END_STATUTE Sec. 7. Legislative intent The legislature intends that rules adopted pursuant to section 49-204, subsection E, Arizona Revised Statutes, as added by this act, meet all of the following conditions: 1. Impose the least burden and costs to persons regulated by the rules, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective. 2. Are necessary to protect public health and safety. 3. Are adopted as prescribed by title 41, chapter 6, Arizona Revised Statutes. 4. Are consistent with the laws of this state, legislative intent and the department of environmental quality's statutory authority. |
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| 65 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 11-811, Arizona Revised Statutes, is amended to read: START_STATUTE11-811. Zoning ordinance; zoning districts; definitions A. Pursuant to this article, the board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the zoning ordinance: 1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts. 2. May establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces. 3. Shall consider access to incident solar energy. 4. May provide for retirement community zoning districts. 5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the ordinance shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the ordinance may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4. Notwithstanding section 11-812, a county in regulating or licensing businesses and facilities pursuant to this paragraph may impose reasonable operating requirements that affect the existing uses of businesses and facilities. 6. Shall designate and zone appropriate areas of reasonable size in which there may be established with reasonable permanency canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. A dairy operation, including areas designated for the raising of replacement heifers or bulls owned by the same dairy operation, is not subject to this paragraph, and is a general agricultural purpose under subsection D, paragraph 2 of this section and section 11-812, subsection A, paragraph 2. A replacement heifer or bull raising operation of a dairy that is not on contiguous property of the dairy is subject to this paragraph unless the operation begins within one-quarter mile of the dairy. 7. May not impose any other REQUIREMENTS beyond the PROVISIONS of section 49-204 or any penalties on gray water users who comply with section 49-204. B. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-813. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993. C. In accordance with article II, sections 1 and 2, Constitution of Arizona, the board shall consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance. D. This section does not authorize: 1. The imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law. 2. The regulation or restriction of the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph, general agricultural purposes do not include the cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801. E. For the purposes of this section: 1. "Adult arcade" means any place to which the public is permitted allowed or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms. 2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes: (a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas. (b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities. 3. "Adult live entertainment establishment" means an establishment that features either: (a) Persons who appear in a state of nudity. (b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown. 5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios. 6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business. 7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service. 8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service. 9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1. 11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended. 12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to: (a) Persons who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17. (b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17. (c) Registered nurse practitioners who are licensed pursuant to title 32, chapter 15. (d) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team. (e) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity is limited to the head, face or neck. 13. "Nude model studio": (a) Means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio (b) Does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply: (a) (i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing. (b) (ii) A student must enroll at least three days in advance of a class in order to participate. (c) (iii) No Not more than one nude or seminude model is on the premises at any time. 14. "Nude", "nudity" or "state of nudity" means any of the following: (a) The appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola. (b) A state of dress that fails to opaquely cover a human anus, genitals or a female breast below a point immediately above the top of the areola. 15. "Principal business purposes" means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection. 16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices. 17. "Specific anatomical areas" means any of the following: (a) A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered. (b) Male genitals in a discernibly turgid state even if completely and opaquely covered. 18. "Specific sexual activities" means any of the following: (a) Human genitals in a state of sexual stimulation or arousal. (b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy. (c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast. (d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph. END_STATUTE Sec. 2. Section 11-812, Arizona Revised Statutes, is amended to read: START_STATUTE11-812. Restriction on regulation; exceptions; aggregate mining regulation; definitions A. Nothing contained in Any ordinance authorized by this chapter shall not: 1. Affect existing uses of property or the right to its continued use or the reasonable repair or alteration of the property for the purpose for which used at the time the ordinance affecting the property takes effect. 2. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph: (a) "General agricultural purposes" includes agritourism as defined in section 3-111, but does not include any of the following: (i) Food establishments that are under the authority of the department of health services pursuant to section 36-136, subsection I and that are associated with an agritourism business. (ii) Rodeo events that are open to the general public and that sell tickets for admission. For the purposes of this item, rodeo events do not include generally accepted agricultural practices associated with livestock and equine operations. (iii) The cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801. (b) "Mining" has the same meaning prescribed in section 27-301. 3. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for agricultural composting, if the tract is five or more contiguous commercial acres. An agricultural composting operation shall notify in writing the board of supervisors and the nearest fire department of the location of the composting operation. If the nearest fire department is located in a city, town or fire district where the agricultural composting is not located, the agricultural composting operation shall also notify in writing the fire district in which the operation is located. Agricultural composting is subject to sections 3-112 and 49-141. For the purposes of this paragraph, "agricultural composting" has the same meaning prescribed in section 9-462.01, subsection G. 4. Prevent, restrict or otherwise regulate the otherwise lawful discharge of a firearm or air gun or use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis. 5. Prevent, restrict or otherwise regulate the use or occupation of land or improvements on land related to gray water that conform to the requirements of section 49-204, except as provided by section 49-204. B. A nonconforming business use within a district may expand if the expansion does not exceed one hundred per cent percent of the area of the original business. C. For the purposes of subsection A, paragraph 2 of this section, mining does not include aggregate mining operations in an aggregate mining operations zoning district established pursuant to this section. The board of supervisors of any county with a population of more than two million persons shall designate and establish the boundaries of an aggregate mining operations zoning district on the petition of at least one hundred persons who reside within one-half mile of an existing aggregate mining operation. In addition, the board of supervisors of any county may establish, in its discretion and on the board's initiative, one or more aggregate mining operations zoning districts. Aggregate mining operations zoning districts may only be located in areas that are inventoried and mapped as areas of known reserves or in areas with existing aggregate mining operations. Subject to subsections E and F of this section, a county and the state mine inspector may jointly adopt, as internal administrative regulations, reasonable aggregate mining operations zoning district standards limited to permitted uses, procedures for approval of property development plans and site development standards for dust control, height regulations, setbacks, days and hours of operation, off-street parking, screening, noise, vibration and air pollution control, signs, roadway access lanes, arterial highway protection and property reclamation for which aggregate mining operations are not otherwise subject to federal, state or local regulation or a governmental contractual obligation. Regulations that are jointly adopted pursuant to this subsection by the county and the state mine inspector shall not prohibit the activities included in the definition of mine pursuant to section 27-301, paragraph 8 or duplicate, conflict with or be more stringent than applicable federal, state or local laws. D. The board of supervisors of any county that establishes an aggregate mining operations zoning district shall appoint an aggregate mining operations recommendation committee for the district. The committee consists of not more than seven operators, or representatives of operators, of active aggregate mining operations in any district within the county and an equal number of private citizens, who are not operators, who are not employed by operators and who do not represent operators, residing within three miles of the boundaries of aggregate mining operations or a proposed aggregate mining operation in the district for which the committee is established. The initial members appointed to the committee shall be deemed the primary members, and the board of supervisors shall appoint not more than five alternate members who represent operators and shall appoint not more than five alternate members who are private citizens. Alternate members may serve at meetings of the committee when a primary member is unable to attend. An aggregate mining operator may serve on more than one committee in the same county. The board of supervisors shall determine the length of terms of members of the committee and shall stagger the initial appointments so that not all members' terms expire at the same time. Members of the committee who no longer qualify for membership as provided by this subsection are subject to removal and replacement by the board of supervisors. The committee shall elect a member who is an aggregate mining operator to serve as chairperson for the first year in which the committee is created. For each year thereafter, the chairperson shall be elected by the members of the committee with a member who is a private citizen and a member who is an aggregate mining operator serving as chairperson in alternate years. The committee is subject to the open meeting requirements of title 38, chapter 3, article 3.1. E. Within ninety days after an aggregate mining operations recommendation committee is established, the committee shall notify all existing aggregate mining operators in the district of the application of this section and title 27, chapter 3, article 6 to the aggregate mining operation. In addition, the committee shall: 1. By a majority vote of all members make recommendations to the board of supervisors for aggregate mining zoning districts and administrative regulations as provided in this section. The board of supervisors may adopt or reject the recommendations but may not make any modifications to the recommendations unless the modification is approved by a majority of the members of the recommendation committee. 2. Serve as a forum for mediation of disputes between members of the public and aggregate mining owners or operators. If the committee is unable to resolve a dispute, the committee shall transmit the matter to the state mine inspector, with written findings and recommendations, for further action. 3. Hear written complaints filed with the state mine inspector regarding alleged material deviations from approved community notices for aggregate mining operations and make written recommendations to the state mine inspector pursuant to section 27-446. F. Any administrative regulations adopted by a board of supervisors pursuant to this section are not effective until the regulations are approved by the state mine inspector. The state mine inspector may disapprove the administrative regulations adopted by the board of supervisors only if they duplicate, conflict with or are more stringent than applicable federal, state or local laws, rules or regulations. If the state mine inspector disapproves the administrative regulations, the state mine inspector must provide written reasons for the disapproval. The state mine inspector shall not make any modification to the administrative regulations as adopted by the board of supervisors unless the modification is approved by a majority of the members of the board of supervisors. G. A person or entity is subject to this chapter if the use or occupation of land or improvements by the person or entity consists of or includes changing, remanufacturing or treating human sewage or sludge for distribution or resale. These activities are not exempt from this chapter under subsection A, paragraph 2 of this section. H. A county shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the county, at its option, allows the use or structure to be relocated to a comparable site in the county with the same or a similar zoning classification, or to another site in the county acceptable to both the county and the owner of the use or structure, and the use or structure is relocated to the other site. The county shall pay for relocating the outdoor advertising use or structure, including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to county rezoning of property at the request of the property owner to a more intensive zoning district. I. For the purposes of this section: 1. "Aggregate" has the same meaning prescribed in section 27-441. 2. "Aggregate mining" has the same meaning prescribed in section 27-441. 3. "Aggregate mining operation" means property that is owned, operated or managed by the same person for aggregate mining. 4. "Operators" means persons who are actively engaged in aggregate mining operations within the zoning district or proposed zoning district and who have given notice to the state mine inspector pursuant to section 27-303. END_STATUTE Sec. 3. Section 11-815, Arizona Revised Statutes, is amended to read: START_STATUTE11-815. Enforcement; county zoning inspector; deputies; building permits; violations; classification; civil penalties; hearing officers and procedures A. The county zoning ordinance shall provide for its enforcement within a zoned territory by means of withholding building permits, and for those purposes may establish the position of county zoning inspector and deputy inspectors as may be required, who shall be appointed by the board. B. After the establishment establishing and filling of the position, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector, and for that purpose the applicant shall provide the zoning inspector with a sketch of the proposed construction containing sufficient information for the enforcement of the zoning ordinance. A permit is not required for repairs or improvements of a value of not exceeding five hundred dollars more than $500 or for constructing a gray water SYSTEM that complies with section 49-204. Reasonable fees may be charged for the issuance of a permit. The inspector shall recognize the limitations placed on the inspector's authority by sections 11-804 and 11-811, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance. In any other case the inspector shall withhold the permit. C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any ordinance pertaining to the land and any violation constitutes a public nuisance. Any person, firm or corporation violating an ordinance, or any part of an ordinance, is guilty of a class 2 misdemeanor. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense. D. A county may establish civil penalties for a violation of any zoning regulation or ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2 misdemeanor. Each day of continuance of the violation constitutes a separate violation. If an alleged violator is served with a notice of violation pursuant to subsection E of this section, the alleged violator is not subject to a criminal charge arising out of the same facts. E. A county that establishes a civil penalty for a violation of a zoning regulation or ordinance may appoint hearing officers to hear and determine zoning violations. If the zoning inspector reports a zoning violation to the hearing officer, the hearing officer shall hold a hearing after notice of the hearing has been served on the alleged violator. The zoning inspector shall cause the notice to be personally served on the alleged violator at least five days before the hearing. Personal service may be made by a zoning an inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the zoning inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. A notice served on the alleged violator other than by personal service shall be served at least thirty days before the hearing. For the purposes of this subsection, "impracticable" includes service of the notice outside the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the zoning inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure. F. At the hearing, the zoning inspector shall present evidence showing the existence of a zoning violation and the alleged violator or the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the zoning inspector. At the conclusion of the hearing, the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties pursuant to subsection D of this section. G. A hearing officer may be an employee of the county and shall be appointed by the board of supervisors. A review of decisions of the hearing officer by the board of supervisors shall be available to any party to the hearing. The board of supervisors may delegate this review to a county board of adjustment. If the board of supervisors elects to delegate this review, the board of supervisors shall delegate all requested reviews to the board of adjustment. The board of supervisors shall adopt written rules of procedure for the hearing and review of hearings, which shall be adopted in the same manner as zoning ordinances. Judicial review of the final decisions of the board of supervisors or a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that establishes civil penalties for a violation of a zoning regulation or ordinance is not precluded from pursuing the remedies as provided for in subsection H of this section. H. If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any ordinance, regulation or provision enacted or adopted by the board under the authority granted by this chapter, the board, the county attorney, the inspector or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use. END_STATUTE Sec. 4. Section 49-201, Arizona Revised Statutes, is amended to read: START_STATUTE49-201. Definitions In this chapter, unless the context otherwise requires: 1. "Administrator" means the administrator of the United States environmental protection agency. 2. "Aquifer" means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring. 3. "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. Best management practices may be applied before, during and after discharges to reduce or eliminate the introduction of pollutants into receiving waters. Economic, institutional and technical factors shall be considered in developing best management practices. 4. "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly known as "superfund". 5. "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. Clean closure also means postclosure monitoring and maintenance are unnecessary to meet the requirements in an aquifer protection permit. 6. "Clean water act" means the federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1251 through 1376), as amended. 7. "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. (b) A facility that has been approved as a clean closure by the director. (c) A facility at which any postclosure monitoring and maintenance plan, notifications and approvals required in a permit have been completed. 8. "Composting toilet" means a manufactured or constructed treatment technology that receives human waste from a waterless toilet directly into an aerobic composting chamber in which dehydration and biological activity reduce the waste volume, nutrient content and harmful microorganisms to an appropriate level for later disposal. 8. 9. "Concentrated animal feeding operation" means an animal feeding operation that meets the criteria prescribed in 40 Code of Federal Regulations part 122, appendix B for determining a concentrated animal feeding operation for purposes of 40 Code of Federal Regulations sections 122.23 and 122.24, appendix C. 9. 10. "Department" means the department of environmental quality. 10. 11. "Direct reuse" means the beneficial use of reclaimed water for specific purposes authorized pursuant to section 49-203, subsection A, paragraph 7. 11. 12. "Director" means the director of environmental quality or the director's designee. 12. 13. "Discharge" means the direct or indirect addition of any pollutant to the waters of the state from a facility. For purposes of the aquifer protection permit program prescribed by article 3 of this chapter, discharge means the addition of a pollutant from a facility either directly to an aquifer or to the land surface or the vadose zone in such a manner that there is a reasonable probability that the pollutant will reach an aquifer. 13. 14. "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. 14. 15. "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. 15. 16. "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. An effluent-dependent water may be perennial or intermittent depending on the volume and frequency of the point source discharge of treated wastewater. 16. 17. "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. 17. 18. "Ephemeral water" means a surface water or portion of surface water that flows or pools only in direct response to precipitation. 18. 19. "Existing facility" means a facility on which construction began before August 13, 1986 and that is neither a new facility nor a closed facility. For the purposes of this definition, construction on a facility has begun if the facility owner or operator has either: (a) Begun, or caused to begin, as part of a continuous on-site construction program any placement, assembly or installation of a building, structure or equipment. (b) Entered a binding contractual obligation to purchase a building, structure or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility engineering and design studies, do not constitute a contractual obligation for purposes of this definition. 19. 20. "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. 20. 21. "Gray water": (a) Means wastewater that has been collected separately from a sewage flow and that originates from a clothes washer, or a bathroom tub, bathroom shower, or bathroom sink, dishwasher or kitchen sink that does not include a garbage disposal. but that (b) Does not include wastewater from a kitchen sink that includes a garbage disposal, dishwasher or from a flush toilet or wastewater contaminated by soiled diapers. 21. 22. "Hazardous substance" means: (a) Any substance designated pursuant to sections 311(b)(2)(A) and 307(a) of the clean water act. (b) Any element, compound, mixture, solution or substance designated pursuant to section 102 of CERCLA. (c) Any hazardous waste having the characteristics identified under or listed pursuant to section 49-922. (d) Any hazardous air pollutant listed under section 112 of the federal clean air act (42 United States Code section 7412). (e) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the federal toxic substances control act (15 United States Code section 2606). (f) Any substance that the director, by rule, either designates as a hazardous substance following the designation of the substance by the administrator under the authority described in subdivisions (a) through (e) of this paragraph or designates as a hazardous substance on the basis of a determination that such substance represents an imminent and substantial endangerment to public health. 22. 23. "Inert material": (a) Means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand and soil. Inert material also (b) Includes material that when subjected to a water leach test that is designed to approximate natural infiltrating waters will not leach substances in concentrations that exceed numeric aquifer water quality standards established pursuant to section 49-223, including overburden and wall rock that is not acid generating, taking into consideration acid neutralization potential, and that has not and will not be subject to mine leaching operations. 23. 24. "Intermittent water" means a surface water or portion of surface water that flows continuously during certain times of the year and more than in direct response to precipitation, such as when it receives water from a spring, an elevated groundwater table or another surface source, such as melting snowpack. 24. 25. "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 49-241.01, subsection C that would qualify for an area-wide permit pursuant to section 49-243 consisting of an activity or structure listed in section 49-241, subsection B shall not constitute a major modification solely because of that listing. (b) For a groundwater protection permit facility as defined in section 49-241.01, subsection C, a physical expansion that is accomplished by lateral accretion or upward expansion within the pollutant management area of the existing facility or group of facilities shall not constitute a major modification if the accretion or expansion is accomplished through sound engineering practice in a manner compatible with existing facility design, taking into account safety, stability and risk of environmental release. For a facility described in section 49-241.01, subsection C, paragraph 1, expansion of a facility shall conform with the terms and conditions of the applicable permit. For a facility described in section 49-241.01, subsection C, paragraph 2, if the area of the contemplated expansion is not identified in the notice of disposal, the owner or operator of the facility shall submit to the director the information required by section 49-243, subsection A, paragraphs 1, 2, 3 and 7. 25. 26. "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. A major modification to an existing facility is deemed a new facility to the extent that the criteria in section 49-243, subsection B, paragraph 1 can be practicably applied to such modification. For the purposes of this definition, construction on a facility has begun if the facility owner or operator has either: (a) Begun, or caused to begin as part of a continuous on-site construction program, any placement, assembly or installation of a building, structure or equipment. (b) Entered a binding contractual obligation to purchase a building, structure or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility engineering and design studies, do not constitute a contractual obligation for purposes of this definition. 26. 27. "Nonpoint source" means any conveyance that is not a point source from which pollutants are or may be discharged to WOTUS. 27. 28. "Non-WOTUS protected surface water" means a protected surface water that is not a WOTUS. 28. 29. "Non-WOTUS waters of the state" means waters of the state that are not WOTUS. 29. 30. "On-site wastewater treatment facility": (a) 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. (b) Does not include a system that is installed at a site to treat and dispose of gray water. 30. 31. "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. 31. 32. "Perennial water" means a surface water or portion of surface water that flows continuously throughout the year. 32. 33. "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. For the purposes of regulating non-WOTUS protected surface waters, a permit shall not include provisions governing the construction, operation or modification of a facility except as necessary for the purpose of ensuring that a discharge meets water quality-related effluent limitations or to require best management practices for the purpose of ensuring that a discharge does not cause an exceedance of an applicable surface water quality standard. 33. 34. "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. 34. 35. "Point source": (a) 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. Point source (b) Does not include return flows from irrigated agriculture. 35. 36. "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. 36. 37. "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. (b) Verify that the actions or controls specified as closure requirements in an approved closure plan or strategy are routinely inspected and maintained. (c) Perform any remedial, mitigative or corrective actions or controls as specified in the aquifer protection permit or perform corrective action as necessary to comply with this paragraph and article 3 of this chapter. (d) Meet property use restrictions. 37. 38. "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. 38. 39. "Protected surface waters" means waters of the state listed on the protected surface waters list under section 49-221, subsection G and all WOTUS. 39. 40. "Public waters" means waters of the state open to or managed for use by members of the general public. 40. 41. "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. 41. 42. "Reclaimed water" means water that has been treated or processed by a wastewater treatment plant or an on-site wastewater treatment facility. 42. 43. "Regulated agricultural activity" means the application of nitrogen fertilizer or a concentrated animal feeding operation. 43. 44. "Safe drinking water act" means the federal safe drinking water act, as amended (P.L. 93-523; 88 Stat. 1660; 95-190; 91 Stat. 1393). 44. 45. "Standards" means water quality standards, pretreatment standards and toxicity standards established pursuant to this chapter. 45. 46. "Standards of performance" means performance standards, design standards, best management practices, technologically based standards and other standards, limitations or restrictions established by the director by rule or by permit condition. 46. 47. "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. 47. 48. "Toxic pollutant" means a substance that will cause significant adverse reactions if ingested in drinking water. Significant adverse reactions are reactions that may indicate a tendency of a substance or mixture to cause long lasting or irreversible damage to human health. 48. 49. "Trade secret" means information to which all of the following apply: (a) A person has taken reasonable measures to protect from disclosure and the person intends to continue to take such measures. (b) The information is not, and has not been, reasonably obtainable without the person's consent by other persons, other than governmental bodies, by use of legitimate means, other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding. (c) No statute specifically requires disclosure of the information to the public. (d) The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business's competitive position. 49. 50. "Vadose zone" means the zone between the ground surface and any aquifer. 50. 51. "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. 51. 52. "Well" means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension. 52. 53. "Wetland" means, for the purposes of non-WOTUS protected surface waters, an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 53. 54. "WOTUS" means waters of the state that are also navigable waters as defined by section 502(7) of the clean water act. 54. 55. "WOTUS protected surface water" means a protected surface water that is a WOTUS. END_STATUTE Sec. 5. Section 49-204, Arizona Revised Statutes, is amended to read: START_STATUTE49-204. Gray water reuse; residential standards; toilet flushing; rules; landscape watering A. A city, town or county may not limit the use of gray water by rule or ordinance unless, in an initial active management area that has a groundwater management goal of safe yield and that does not contain a part of the central Arizona project aqueduct, effluent has been included in an assured water supply determination pursuant to section 45-576 and the use of gray water would reduce the volume of effluent available to satisfy assured water supply requirements applicable to that determination. B. For residential gray water treatment systems that are used indoors for toilet flushing, the director may establish by rule minimum requirements that are necessary specifically to address public health or safety concerns. C. Until rules are adopted pursuant to subsection B of this section, residential gray water may be used indoors for toilet flushing with a gray water treatment system that complies with all of the following: 1. Uses less than four hundred gallons of gray water per day. 2. Is certified to meet standard 350 for residential gray water recycling that is issued by a national sanitary foundation and an American national standards institute. 3. Reasonably precludes human contact with gray water. 4. Provides a dedicated piping system that supplies only treated gray water to the toilet flushing facilities. 5. Provides gray water for toilet flushing only if the system is properly functioning. D. Any residential gray water treatment system that is installed after the effective date of rules adopted pursuant to subsection B of this section and that includes the use of gray water for indoor toilet flushing shall meet the minimum requirements that are established by those rules. E. Notwithstanding any other law, a person may use or discharge gray water at a private residence if all of the following apply: 1. The total gray water flow is four hundred gallons per day or less. 2. Gray water originating from the residence is used and contained within the property boundary for household gardening, composting or landscape watering. 3. Human contact with gray water and soil watered by gray water is avoided. 4. Surface application of gray water is not used for watering of food plants, except for trees and shrubs that have an edible portion that does not come into contact with the gray water. 5. The gray water does not contain hazardous chemicals, including those derived from cleaning car parts, washing greasy or oily rags or disposing of waste solutions from hobbyist or home occupational activities. 6. The gray water does not contain water used to wash diapers or similar soiled or infectious garments. 7. Gray water application is managed to minimize standing water on the surface and the water user employs best practices to improve soil condition and increase filtration. 8. The water user ceases gray water use if the system fails to operate properly. 9. The water user restricts access to any gray water surge tanks with a covering or lid and holding time is minimized to avoid development of anaerobic conditions and odors. 10. The gray water system is sited outside of a floodway. 11. The gray water system is operated to maintain a minimum vertical separation distance of at least five feet from the point of gray water application to the top of the seasonally high groundwater table. 12. Any pressure piping used in the gray water system that may be susceptible to cross connection with a potable water system clearly indicates the piping does not carry potable water. 13. The water user applies gray water to a surface only by flood or drip distribution. For the purposes of this paragraph flood distribution may include containment by horticultural mulch basins and swales. F. The department or a county, city, town or other political subdivision of this state may not require a notice or permit, including any permit issued pursuant to this chapter, for the use or discharge of gray water if the gray water use is consistent with subsection E of this section. G. The department or a county, city, town or other political subdivision of this state may not require a private residence to connect to an on-site wastewater treatment facility or outside sewage system or require any related permits or notices if all of the following apply: 1. The residence uses gray water pursuant to subsection E of this section. 2. All toilets at the residence are composting toilets. 3. All kitchen sinks in the residence do not have a garbage disposal. H. The department or a county, city, town or other political subdivision of this state may not prohibit a person from installing a composting toilet on any property in which all of the following apply: 1. The property is located in an unincorporated area of a county with a zoning classification that allows for the construction of a private residence. 2. The property is located on a lot of two acres or larger. 3. The property is not directly adjacent to a city or town.END_STATUTE Sec. 6. Section 49-701, Arizona Revised Statutes, is amended to read: START_STATUTE49-701. Definitions In this chapter, unless the context otherwise requires: 1. "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. 2. "Administrator" means the administrator of the United States environmental protection agency. 3. "Advanced recycling": (a) Means a manufacturing process to convert post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels and coatings and other products such as waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis and other similar technologies. (b) Does not include solid waste management, processing, incineration or treatment. 4. "Advanced recycling facility": (a) Means a facility that receives, stores and converts post-use polymers and recovered feedstocks using advanced recycling. (b) Includes a manufacturing facility that is subject to applicable provisions of law and department rules for air quality, water quality and waste and land use. (c) Does not include a solid waste facility, processing facility, treatment facility, materials recovery facility, recycling facility or incinerator. 5. "Beneficial use of CCR" means that the CCR meets all of the following conditions apply: (a) The CCR provides a functional benefit. (b) The CCR substitutes for the use of a virgin material, which conserves natural resources that would otherwise need to be obtained through practices such as extraction. (c) The use of the CCR meets relevant product specifications, regulatory standards or design standards when available, and when those standards are not available, the CCR is not used in excess quantities. (d) When If unencapsulated use of CCR involving involves placement of twelve thousand four hundred tons or more on the land in nonroadway applications, the user demonstrates, keeps records and provides documentation on request, that environmental releases to groundwater, surface water, soil and air are comparable to or lower than those from analogous products made without CCR, or that environmental releases to groundwater, surface water, soil and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use. 6. "CCR pile" or "pile": (a) Means any noncontainerized accumulation of solid, nonflowing CCR that is placed on the land. (b) Does not include a CCR that is beneficially used off-site. 7. "CCR program approval" means United States environmental protection agency approval of the Arizona coal combustion residuals program in accordance with 42 United States Code section 6945(d)(1). 8. "CCR surface impoundment" or "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. 9. "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. (b) A public solid waste landfill that meets any of the following criteria: (i) Ceased receiving solid waste before July 1, 1983. (ii) Ceased receiving solid waste and received at least two feet of cover material before January 1, 1986. (iii) Received approval for closure from the department. (c) A public composting plant or a public incinerating facility that closed in accordance with an approved plan. (d) A CCR unit when placement of CCR in a CCR unit has ceased and the owner or operator has completed closure of the CCR unit and has initiated postclosure care in accordance with 40 Code of Federal Regulations part 257, subpart D or in accordance with a program approved by the United States environmental protection agency under 42 United States Code section 6945(d)(1). 10. "Coal combustion residuals" or "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. 11. "Coal combustion residuals landfill" or "CCR landfill": (a) Means an area of land or an excavation that receives CCR and that is not a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground or surface coal mine or a cave. (b) Includes sand and gravel pits and quarries that receive CCR or CCR piles and any use of CCR that does not meet the definition of a beneficial use of CCR. 12. "Coal combustion residuals unit" or "CCR unit": (a) Means any CCR landfill, CCR surface impoundment or lateral expansion of a CCR unit or a combination of more than one of these units. (b) Includes both new and existing units, unless otherwise specified. 13. "Conditionally exempt small quantity generator waste" means hazardous waste in quantities as defined by rules adopted pursuant to section 49-922. 14. "Construction debris" means solid waste derived from the construction, repair or remodeling of buildings or other structures. 15. "County" means: (a) The board of supervisors in the context of the exercise of powers or duties. (b) The unincorporated areas in the context of area of jurisdiction. 16. "Demolition debris" means solid waste derived from the demolition of buildings or other structures. 17. "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. 18. "Discharge" has the same meaning prescribed in section 49-201. 19. "Existing CCR landfill" means a CCR landfill that receives CCR both before and after October 19, 2015, or for which construction commenced before October 19, 2015 and that receives CCR on or after October 19, 2015. For the purposes of this paragraph, "commenced construction" means the owner or operator of a CCR landfill has obtained the federal, state and local approvals or permits necessary to begin physical construction and a continuous on site, physical construction program had begun before October 19, 2015. 20. "Existing CCR surface impoundment" means a CCR surface impoundment that meets one of the following conditions: (a) Receives CCR both before and after October 19, 2015. (b) For which construction commenced before October 19, 2015 and that receives CCR on or after October 19, 2015. For the purposes of this paragraph, "commenced construction" means the owner or operator of a CCR surface impoundment has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on site, physical construction program had begun prior to before October 19, 2015. 21. "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. 22. "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. 23. "40 C.F.R. part 257, subparts A and B" means 40 Code of Federal Regulations part 257, subparts A and B in effect on May 1, 2004. 24. "40 C.F.R. part 258" means 40 Code of Federal Regulations part 258 in effect on May 1, 2004. 25. "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. 26. "Household hazardous waste" means solid waste as described in 40 Code of Federal Regulations section 261.4(b)(1) as incorporated by reference in the rules adopted pursuant to chapter 5 of this title. 27. "Household waste": (a) 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. (b) Does not include construction debris, landscaping rubble or demolition debris. 28. "Inert material": (a) Means material that satisfies all of the following conditions: (i) Is not flammable. (ii) Will not decompose. (iii) Will not leach substances in concentrations that exceed applicable aquifer water quality standards prescribed by section 49-201, paragraph 22 23 when subjected to a water leach test that is designed to approximate natural infiltrating waters. (b) Includes concrete, asphaltic pavement, brick, rock, gravel, sand, soil and metal, if used as reinforcement in concrete. (c) Does not include special waste, hazardous waste, glass or other metal. 29. "Land disposal" means placement of solid waste in or on land. 30. "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. 31. "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. 32. "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. 33. "Medical waste": (a) Means any solid waste that 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. (b) Includes discarded drugs. (c) Does not include hazardous waste as defined in section 49-921 other than conditionally exempt small quantity generator waste. 34. "Municipal solid waste landfill" means any solid waste landfill that accepts household waste, household hazardous waste or conditionally exempt small quantity generator waste. 35. "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. 36. "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. Noncontiguous properties that are owned by the same person and connected by a right-of-way that is controlled by that person and to which the public does not have access are deemed on site property. Noncontiguous properties that are owned or operated by the same person regardless of right-of-way control are also deemed on site property. 37. "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. 38. "Post-use polymer": (a) Means a plastic to which all of the following apply: (i) The plastic is derived from any industrial, commercial, agricultural or domestic activities. (ii) The plastic is not mixed with solid waste or hazardous waste on site or during processing at the advanced recycling facility. (iii) The plastic's use or intended use is as a feedstock for manufacturing crude oil, fuels, feedstocks, blendstocks, raw materials or other intermediate products or final products using advanced recycling. (iv) The plastic has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings. (v) The plastic is processed at an advanced recycling facility or held at an advanced recycling facility before processing. (b) Does not include solid waste or municipal waste. 39. "Process" or "processing" means the reduction, separation, recovery, conversion or recycling of solid waste. 40. "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. 41. "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. 42. "Recovered feedstocks": (a) Means one or more of the following materials that have been processed so that they may be used as feedstock in an advanced recycling facility: (i) Post-use polymers. (ii) Materials for which the United States environmental protection agency has made a nonwaste determination pursuant to 40 Code of Federal Regulations section 241.3(c) or has otherwise determined are feedstocks and not solid waste. (b) Does not include: (i) Unprocessed municipal solid waste. (ii) Materials that are mixed with solid waste or hazardous waste on site or during processing at an advanced recycling facility. 43. "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. 44. "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. 45. "Scavenging" means the unauthorized removal of solid waste from a solid waste facility. 46. "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 49-762.07, subsection F. (b) A site at which solid waste that was generated on site is stored for ninety days or less. (c) A site at which nonputrescible solid waste that was generated on site in amounts of less than one thousand kilograms per month per type of nonputrescible solid waste is stored and contained for one hundred eighty days or less. (d) A site that stores, treats or processes paper, glass, wood, cardboard, household textiles, scrap metal, plastic, vegetative waste, aluminum, steel or other recyclable material and that is not a waste tire facility, a transfer facility or a recycling facility. (e) A site where sludge from a wastewater treatment facility is applied to the land as a fertilizer or beneficial soil amendment in accordance with sludge application requirements. (f) A closed solid waste facility. (g) A solid waste landfill that is performing or has completed postclosure care before July 1, 1996 in accordance with an approved postclosure plan. (h) A closed solid waste landfill performing a onetime removal of solid waste from the closed solid waste landfill, if the operator provides a written notice that describes the removal project to the department within thirty days after completion of the removal project. (i) A site where solid waste generated in street sweeping activities is stored, processed or treated before disposal at a solid waste facility authorized under this chapter. (j) A site where solid waste generated at either a drinking water treatment facility or a wastewater treatment facility is stored, processed, or treated on site before disposal at a solid waste facility authorized under this chapter, and any discharge is regulated pursuant to chapter 2, article 3 of this title. (k) A closed solid waste landfill where development activities occur on the property or where excavation or removal of solid waste is performed for maintenance and repair if the following conditions are met: (i) When the project is completed there will not be an increase in leachate that would result in a discharge. (ii) When the project is completed the concentration of methane gas will not exceed twenty-five percent of the lower explosive limit in on-site structures, or the concentration of methane gas will not exceed the lower explosive limit at the property line. (iii) Protection has been provided to prevent remaining waste from causing any vector, odor, litter or other environmental nuisance. (iv) The operator provides a notice to the department containing the information required by section 49-762.07, subsection A, paragraphs 1, 2 and 5 and a brief description of the project. (l) Agricultural on-site disposal as provided in section 49-766. (m) The use, storage, treatment or disposal of by-products of regulated agricultural activities as defined in section 49-201 and that are subject to best management practices pursuant to section 49-247 or by-products of livestock, range livestock and poultry as defined in section 3-1201, pesticide containers that are regulated pursuant to title 3, chapter 2, article 6 or other agricultural crop residues. (n) Household hazardous waste collection events held at a temporary site for not more than six days in any calendar quarter. (o) Wastewater treatment facilities as defined in section 49-1201. (p) An on-site single-family household waste composting facility. (q) A site at which five hundred or fewer waste tires are stored. (r) A site at which mining industry off-road waste tires are stored or are disposed of as prescribed by rules in effect on February 1, 1996, until the director by rule determines that on-site recycling methods exist that are technically feasible and economically practical. (s) A site at which underground piping, conduit, pipe covering or similar structures are abandoned in place in accordance with applicable state and federal laws. (t) An advanced recycling facility that converts recovered feedstocks to manufacture raw materials and intermediate and final products. 47. "Solid waste landfill": (a) Means a facility, area of land or excavation in which solid wastes are placed for permanent disposal. (b) Does not include a land application unit, surface impoundment, injection well, coal combustion residuals landfill, compost pile or waste pile or an area containing ash from the on-site combustion of coal that does not contain household waste, household hazardous waste or conditionally exempt small quantity generator waste. 48. "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. 49. "Solid waste management plan" means the plan that is adopted pursuant to section 49-721 and that 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. 50. "Solvolysis": (a) Means a manufacturing process through which post-use polymers are purified with the aid of solvents, allowing additives and contaminants to be removed and producing polymers capable of being recycled or reused without first being reverted to a monomer. (b) Includes hydrolysis, aminolysis, ammonoloysis, methanolysis and glycolysis. 51. "Storage" means the holding of solid waste. 52. "Transfer facility": (a) 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. (b) Includes those facilities that include significant solid waste transfer activities that warrant the facility's regulation as a transfer facility. 53. "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. 54. "Vegetative waste": (a) Means waste derived from plants, including tree limbs and branches, stumps, grass clippings and other waste plant material. (b) Does not include processed lumber, paper, cardboard and other manufactured products that are derived from plant material. 55. "Waste pile" means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. 56. Waste tire does not include tires used for agricultural purposes as bumpers on agricultural equipment or as ballast to maintain covers at an agricultural site, or any tire disposed of using any of the methods in section 44-1304, subsection D, paragraphs 1, 2, 3, 5 through 8 and 11 and means any of the following: (a) A tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (b) A tire that is removed from a motor vehicle and is retained for further use. (c) A tire that has been chopped or shredded. 57. "Waste tire facility" means a solid waste facility at which five thousand or more waste tires are stored outdoors on any day. END_STATUTE |
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