HB2367 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 44-1302, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1302. Sale of new tires; fees; acceptance of waste tires; notice; definition

A. Until the effective date of the fees authorized pursuant to subsection N of this section, a retail seller of new motor vehicle tires shall collect a fee of two per cent percent of the purchase price for each tire sold but not more than two dollars $2 for each tire sold, which shall be listed separately on any invoice.

B. Until the effective date of the fees authorized pursuant to subsection N of this section, if in a sale of a motor vehicle by a manufacturer to a wholesaler or retailer the cost of the tires as a separate component of the motor vehicle is not specified by the manufacturer, the fee per tire to be collected shall not exceed one-half of the maximum fee permitted allowed under this section for a motor vehicle with a gross vehicle weight under ten thousand pounds.

C. Until the effective date of the fees authorized pursuant to subsection N of this section, a wholesale seller of new motor vehicle tires who sells tires to this state or a political subdivision of this state or who sells tires to a private entity which THAT does not resell the tires shall collect a fee of two per cent percent of the purchase price for each tire sold but not more than two dollars $2 for each tire sold, which shall be listed separately on any invoice.

D. The fee shall be paid to the department of revenue for deposit on a quarterly basis in the waste tire fund established pursuant to by section 44-1305. Unless the context otherwise requires, title 42, chapter 5, article 1 governs the administration of the fees imposed by this section, except that:

1. A separate license is not required for the fee imposed by this section. The fee shall be reported and paid on forms prescribed by the department.

2. A separate bond is not required of employees of the department in administering the fee.

3. The fee imposed by this section may be included without segregation in any notice and lien filed for unpaid transaction privilege taxes.

4. The fee imposed by this section shall not be included in computing the tax base, gross proceeds of sales or gross income from the sale of new motor vehicle tires for the purposes of title 42, chapter 5 and is not subject to any transaction privilege, sales, use or other similar tax levied by a city, town, or special taxing district.

E. A retail seller of new motor vehicle tires or a wholesale seller of new motor vehicle tires shall accept waste tires from customers at the point of transfer. A seller shall accept up to the number of new tires sold at that point of transfer annually and may accept additional tires from customers. The seller shall accept tires from a customer if the customer presents a receipt within thirty days of after the date of purchase. This subsection does not apply to sellers of new motor vehicles.

F. A designated waste tire collection site established pursuant to section 44-1304, subsection G, shall require a manifest for the disposal of waste tires at the site and shall establish registration procedures for the collection site.

G. A seller of motor vehicle tires or the seller's designee complying with this section shall provide a manifest to the designated collection site established pursuant to section 44-1304, subsection G, to dispose of waste tires and shall be preregistered at the designated collection site.

H. A county or private enterprise under contract with a county may refuse to accept waste tires and may impose a tire tipping fee, not exceeding an amount necessary to recover the costs of administering a waste tire program established pursuant to section 44-1305, if any of the following conditions exists:

1. The private enterprise is not receiving waste tire fund monies from the county pursuant to section 44-1305.

2. Waste tires are manifested as originating outside of the county.

3. A seller of motor vehicle tires complying with subsection E of this section, is not preregistered at a collection site where registration is required.

4. The county's pro rata share of the total waste tire fund is two per cent percent or less, and after a year of receiving monies from the waste tire fund, the county determines that the cost of waste tire disposal exceeds the amount received.

I. A designated waste tire collection site established pursuant to section 44-1304, subsection G, shall not refuse to accept waste tires from a resident of the county who is not a seller of motor vehicle tires and shall not impose a tire tipping fee for up to five waste tires per year from a resident of the county who is not a seller of motor vehicle tires. Such waste tire collection sites may impose a tire tipping fee on waste tires in excess of five tires per year from a resident of the county who is not a seller of motor vehicle tires.

J. A seller of motor vehicle tires who is subject to subsection E of this section shall post a written notice which that is clearly visible in the public sales area of the establishment and which that contains the following language:

"It is unlawful to throw away a motor vehicle tire.

Recycle all used tires.

This retailer is required to accept scrap tires if any new or recapped tires are purchased here. When any new tire is purchased, an additional fee will be charged."

K. An advertisement or other printed promotional material related to the retail sale of tires shall contain the following notice in bold print:

"State or local taxes or surcharges for environmental protection will be an extra charge."

L. A credit of ten cents $.10 per tire is allowed against the fee imposed by this article for expenses incurred by the payer of the fee for accounting for and reporting the fees.

M. This section does not apply to a person whose retail sales of new motor vehicle tires are not in the ordinary course of business.

N. The director of environmental QUALITY shall establish by rule the fees, including any associated maximum fees, required by subsection A, B or C of this section.

N. O. For the purposes of this section, "retail seller of new motor vehicle tires" and "wholesale seller of new motor vehicle tires" includes those persons who sell or lease new motor vehicles to others in the ordinary course of business. END_STATUTE

Sec. 2. Section 44-1303, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1303. Waste tire collection sites; registration

A. An owner or operator of a waste tire collection site, within six months after September 27, 1990, shall register with the department of environmental quality and provide the department with information concerning the site's location and size and the approximate number of waste tires that are stored at the site and shall initiate steps to comply with this article.

B. Any waste tire collection site that is established after the effective date of this amendment to this section July 20, 2011 shall register with the department before beginning operation and shall pay a registration fee. After the effective date of this amendment to this section, July 20, 2011, the director shall establish by rule a registration fee, including a maximum fee. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the director shall not increase that fee by rule without specific statutory authority for the increase. Registration fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.END_STATUTE

Sec. 3. Section 44-1304.01, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1304.01. Storage, disposal, discard or abandonment of used motor vehicle tires; registration fees; violation; classification; exception

A. It is unlawful to store one hundred or more used motor vehicle tires outdoors as follows:

1. In any fashion that exceeds twenty feet in height.

2. In a pile that is more than one hundred fifty feet from a twenty foot wide access route that allows fire control apparatus to approach the pile. Access routes between and around tire piles shall be at least twenty feet wide and maintained free of accumulations of rubbish, equipment or other materials. Access routes shall be spaced so that a maximum grid system unit of fifty feet by one hundred fifty feet is maintained.

3. Within three feet of any property line.

4. In any fashion that exceeds six feet in height if the used tires are stored between three and ten feet of any property line.

5. Within fifty feet of any area in which smoking of tobacco or any other substance by persons is permitted allowed. "No smoking" signs shall be posted in suitable and conspicuous locations.

6. At any area in which the used motor vehicle tires are stored and in which electrical wiring, fixtures or appliances do not comply with the national electrical code.

7. Without placing class "2A-10BC" type fire extinguishers at well marked points throughout the storage area so that the travel distance from any point in the storage area to a fire extinguisher is not more than seventy-five feet.

8. Without prior registration of the site with the department of environmental quality. The registration shall be on a form approved by the department and shall include the site's location, the name of the owner of the property, the name of the owner or operator of the business storing the waste tires, if applicable, and the type and approximate quantity of waste tires stored at the site. For any waste tire collection site that is operating on September 26, 2008, the owner of the property shall register pursuant to this paragraph on or before November 25, 2008. For any person who stores one hundred or more used motor vehicle tires outdoors after the effective date of this amendment to this section July 20, 2011, the operator shall pay a registration fee. After the effective date of this amendment to this section July 20, 2011, the department shall establish by rule a registration fee, including a maximum fee. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority for the increase. Registration fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.

B. A person who knowingly discards or abandons five hundred or more motor vehicle tires, discards or abandons any motor vehicle tires for commercial purposes except as provided in section 44-1304, or otherwise knowingly performs any act prohibited by subsection A of this section involving five hundred or more motor vehicle tires is guilty of a class 5 felony.

C. The attorney general may enforce this section.

D. For the purposes of this section, used motor vehicle tires do not include tires that have been recapped and have not yet been put back into service. END_STATUTE

Sec. 4. Section 44-1322, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1322. Disposal of lead acid batteries

A. The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited.

B. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal.

C. A lead acid battery shall be discarded or disposed of only as follows:

1. A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:

(a) A permitted secondary lead smelter.

(b) A battery manufacturer.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

(d) In the case of battery retailers only, an agent of a battery wholesaler.

2. A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:

(a) A lead acid battery retailer or wholesaler.

(b) A permitted secondary lead smelter.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

D. The director of the department of environmental quality shall register collection and recycling facilities that accept lead acid batteries. The director shall require collection and recycling facilities that handle lead acid batteries to pay an initial registration fee and annual fee established by rule. The director shall deposit, pursuant to sections 35-146 and 35-147, registration fees in the solid waste fee fund established by section 49-881. END_STATUTE

Sec. 5. Section 49-104, Arizona Revised Statutes, is amended to read:

START_STATUTE49-104. Powers and duties of the department and director

A. The department shall:

1. Formulate policies, plans and programs to implement this title to protect the environment.

2. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises.

3. Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives.

4. Provide information and advice on request of any local, state or federal agencies and private persons and business enterprises on matters within the scope of the department.

5. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.

6. Promote and coordinate the management of air resources to ensure their protection, enhancement and balanced utilization consistent with the environmental policy of this state.

7. Promote and coordinate the protection and enhancement of the quality of water resources consistent with the environmental policy of this state.

8. Encourage industrial, commercial, residential and community development that maximizes environmental benefits and minimizes the effects of less desirable environmental conditions.

9. Ensure the preservation and enhancement of natural beauty and man-made scenic qualities.

10. Provide for the prevention and abatement of all water and air pollution including that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids in accordance with article 3 of this chapter and chapters 2 and 3 of this title.

11. Promote and recommend methods for the recovery, recycling and reuse or, if recycling is not possible, the disposal of solid wastes consistent with sound health, scenic and environmental quality policies. The department shall report annually on its revenues and expenditures relating to the solid and hazardous waste programs overseen or administered by the department.

12. Prevent pollution through the regulation of the storage, handling and transportation of solids, liquids and gases that may cause or contribute to pollution.

13. Promote the restoration and reclamation of degraded or despoiled areas and natural resources.

14. Participate in the state civil defense program and develop the necessary organization and facilities to meet wartime or other disasters.

15. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

16. Unless specifically authorized by the legislature, ensure that state laws, rules, standards, permits, variances and orders are adopted and construed to be consistent with and no not more stringent than the corresponding federal law that addresses the same subject matter. This paragraph does not adversely affect standards adopted by an Indian tribe under federal law.

17. Provide administrative and staff support for the oil and gas conservation commission.

B. The department, through the director, shall:

1. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties.

2. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties.

3. Utilize Use any medium of communication, publication and exhibition when disseminating information, advertising and publicity in any field of its purposes, objectives or duties.

4. Adopt procedural rules that are necessary to implement the authority granted under this title, but that are not inconsistent with other provisions of this title.

5. Contract with other agencies, including laboratories, in furthering any department program.

6. Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs of the department.

7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for department services and publications and to conduct programs that are consistent with the general purposes and objectives of this chapter. Monies received pursuant to this paragraph shall be deposited in the department fund corresponding to the service, publication or program provided.

8. Provide for the examination of any premises if the director has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed on the premises. The director shall give the owner or operator the opportunity for its representative to accompany the director on an examination of those premises. Within forty-five days after the date of the examination, the department shall provide to the owner or operator a copy of any report produced as a result of any examination of the premises.

9. Supervise sanitary engineering facilities and projects in this state, authority for which is vested in the department, and own or lease land on which sanitary engineering facilities are located, and operate the facilities, if the director determines that owning, leasing or operating is necessary for the public health, safety or welfare.

10. Adopt and enforce rules relating to approving design documents for constructing, improving and operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter.

11. Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and garbage collection and disposal for subdivisions. The rules shall:

(a) Provide for minimum sanitary facilities to be installed in the subdivision and may require that water systems plan for future needs and be of adequate size and capacity to deliver specified minimum quantities of drinking water and to treat all sewage.

(b) Provide that the design documents showing or describing the water supply, sewage disposal and garbage collection facilities be submitted with a fee to the department for review and that no lots in any subdivision be offered for sale before compliance with the standards and rules has been demonstrated by approval of the design documents by the department.

12. Prescribe reasonably necessary measures to prevent pollution of water used in public or semipublic swimming pools and bathing places and to prevent deleterious conditions at those places. The rules shall prescribe minimum standards for the design of and for sanitary conditions at any public or semipublic swimming pool or bathing place and provide for abatement as public nuisances of premises and facilities that do not comply with the minimum standards. The rules shall be developed in cooperation with the director of the department of health services and shall be consistent with the rules adopted by the director of the department of health services pursuant to section 36-136, subsection I, paragraph 10.

13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent the transmission of sewage borne or insect borne diseases. The rules shall:

(a) Prescribe minimum standards for the design of sewage collection systems and treatment, disposal and reclamation systems and for operating the systems.

(b) Provide for inspecting the premises, systems and installations and for abating as a public nuisance any collection system, process, treatment plant, disposal system or reclamation system that does not comply with the minimum standards.

(c) Require that design documents for all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation systems be submitted with a fee for review to the department and may require that the design documents anticipate and provide for future sewage treatment needs.

(d) Require that construction, reconstruction, installation or initiation of any sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on-site wastewater treatment facility or reclamation system conform with applicable requirements.

14. Prescribe reasonably necessary rules regarding excreta storage, handling, treatment, transportation and disposal. The rules may:

(a) Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall provide for inspection of premises, processes and vehicles and for abating as public nuisances any premises, processes or vehicles that do not comply with the minimum standards.

(b) Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processes shall be licensed by the department subject to compliance with the rules. The department may require payment of a fee as a condition of licensure. The department may shall establish by rule a fee as a condition of licensure, including a maximum fee. As part of the rulemaking process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. The department shall not increase that fee by rule without specific statutory authority for the increase. The fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.

15. Perform the responsibilities of implementing and maintaining a data automation management system to support the reporting requirements of title III of the superfund amendments and reauthorization act of 1986 (P.L. 99-499) and article 2 of this chapter.

16. Approve remediation levels pursuant to article 4 of this chapter.

17. Establish or revise fees by rule pursuant to the authority granted under title 44, chapter 9, article articles 8 and 9 and chapters 4 and 5 of this title for the department to adequately perform its duties. All fees shall be fairly assessed and impose the least burden and cost to the parties subject to the fees. In establishing or revising fees, the department shall base the fees on:

(a) the direct and indirect costs of the department's relevant duties, including employee salaries and benefits, professional and outside services, equipment, in-state travel and other necessary operational expenses directly related to issuing licenses as defined in title 41, chapter 6 and enforcing the requirements of the applicable regulatory program.

(b) The availability of other funds for the duties performed.

(d) The fees charged for similar duties performed by the department, other agencies and the private sector.

18. Appoint a person with a background in oil and gas conservation to act on behalf of the oil and gas conservation commission and administer and enforce the applicable provisions of title 27, chapter 4 relating to the oil and gas conservation commission.

C. The department may:

1. Charge fees to cover the costs of all permits and inspections it performs to ensure compliance with rules adopted under section 49-203, except that state agencies are exempt from paying those fees that are not associated with the dredge and fill permit program established pursuant to chapter 2, article 3.2 of this title. For services provided under the dredge and fill permit program, a state agency shall pay either:

(a) The fees established by the department under the dredge and fill permit program.

(b) The reasonable cost of services provided by the department pursuant to an interagency service agreement.

2. Monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.

3. Contract with private consultants for the purposes of assisting the department in reviewing applications for licenses, permits or other authorizations to determine whether an applicant meets the criteria for issuance of the license, permit or other authorization. If the department contracts with a consultant under this paragraph, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and by agreeing to pay the department the costs of the consultant's services. Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant to this paragraph are appropriated to the department for use in paying consultants for services.

D. The director may:

1. If the director has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed, inspect any person or property in transit through this state and any vehicle in which the person or property is being transported and detain or disinfect the person, property or vehicle as reasonably necessary to protect the environment if a violation exists.

2. Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or required to do by law. END_STATUTE

Sec. 6. Section 49-706, Arizona Revised Statutes, is amended to read:

START_STATUTE49-706. Waste programs general permits; rules; fee

A. The department may establish a general permit for any permit or license issued pursuant to this chapter. The general permit consists of the following:

1. The director may issue by rule a general permit for a defined class of facilities, activities or practices if all of the following apply:

(a) The cost of issuing individual permits or licenses cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits.

(b) The facilities, activities or practices in the class are substantially similar in nature.

(c) The director is satisfied that appropriate conditions under a general permit for operating the facilities or conducting the activity or practice will meet the applicable requirements prescribed in this chapter for the facility, activity or practice.

2. In addition to other applicable enforcement actions, if a person is in substantial noncompliance with the conditions of a general permit, the director may revoke coverage under the general permit for that person and require that the person obtain an individual permit. A general permit may be revoked, modified or suspended by rule if the director determines that any of the conditions prescribed in paragraph 1 no longer apply.

3. Rules adopted pursuant to paragraph 1 may require a person seeking coverage under a general permit to notify the director of the person's intent to operate pursuant to the general permit and to pay the applicable fee established by the director by rule.

B. After the effective date of this amendment to this section, The director shall establish by rule fees for general permits pursuant to this section, including maximum fees. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the director shall not increase those fees by rule without specific statutory authority for the increase. Fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881. END_STATUTE

Sec. 7. Section 49-747, Arizona Revised Statutes, is amended to read:

START_STATUTE49-747. Annual registration of solid waste landfills; fee; disposition of revenue

A. All solid waste landfills shall be registered annually with the department.

B. The director shall establish a procedure for mailing registration forms each year to the owners of all solid waste landfills. The registration is valid for one year from after the date of registration.

C. At the time of registration, the owner of a solid waste landfill shall pay to the department an annual fee. After the effective date of this amendment to this section, The department shall establish by rule an annual fee, including a maximum fee. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority for the increase.

D. All monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881. The director may authorize the expenditure of monies from the solid waste fee fund to pay the reasonable and necessary costs of administering the registration program pursuant to section 49-881. END_STATUTE

Sec. 8. Section 49-761, Arizona Revised Statutes, is amended to read:

START_STATUTE49-761. Rulemaking authority for solid waste facilities; exemption; financial assurance; recycling facilities

A. The department shall adopt rules regarding the storage, processing, treatment and disposal of solid waste as prescribed by subsections B through M of this section. In adopting rules, the department shall consider the nature of the waste streams at the facilities to be regulated. The department shall also consider other applicable federal and state laws and rules in an effort to avoid practices or requirements that duplicate, are inconsistent with or will result in dual regulation with other applicable rules and laws. Facilities that obtain and maintain coverage under a general permit established by the department pursuant to section 49-706 are exempt from rules adopted pursuant to this section. In adopting rules for solid waste facilities, the director may include requirements for corrective actions in response to a release, as defined in section 49-281, from a solid waste facility that violates or results in a violation of any provision of this chapter, rule adopted pursuant to this chapter or solid waste facility plan approved pursuant to this chapter. These rules shall be consistent with section 49-762.08, subsection B, subsection C, paragraphs 1 and 2 and subsections D and E.

B. For purposes of administering 42 United States Code section 6945, as amended November 8, 1984, 40 C.F.R. part 258 is adopted by reference except as prescribed by paragraph 2 of this subsection. This subsection, as it applies to municipal solid waste landfills, governs if there is any conflict between this subsection and any other statute relating to solid waste. Municipal solid waste landfill facility plans submitted pursuant to section 49-762 shall comply with this subsection. In administering this subsection or in adopting or administering any rules adopted pursuant to this subsection, the department shall ensure that any discretion allowed to a director of an approved state pursuant to the federal regulations is maintained. The following apply to the department's administration of 42 United States Code section 6945 and to the department's adoption of rules for municipal solid waste landfills:

1. The department may adopt rules for municipal solid waste landfills. Rules adopted pursuant to this paragraph shall not be more stringent than or conflict with 40 C.F.R. part 258 for nonprocedural standards, except that the department may adopt aquifer protection standards that are more stringent than 40 C.F.R. part 258 if those standards are consistent with and not more stringent than standards developed pursuant to chapter 2, article 3 of this title, or if the standards are adopted pursuant to article 9 of this chapter. Rules adopted pursuant to this paragraph are effective on the concurrence of the administrator with this state's municipal solid waste landfill program.

2. 40 C.F.R. part 258, table I is not adopted in its entirety. The department shall use aquifer water quality standards that have been adopted by the department pursuant to section 49-223 and shall use those portions of table I that are more restrictive than the standards adopted pursuant to section 49-223.

C. The department shall adopt rules for those solid waste land disposal facilities that are not municipal solid waste landfills and that are not regulated by the coal combustion residuals program established pursuant to article 11 of this chapter. Rules adopted pursuant to this subsection shall not be more stringent than or conflict with 40 C.F.R. part 257, subparts A and B for nonprocedural standards, except that the department may adopt aquifer protection standards that are more stringent than 40 C.F.R. part 257, subparts A and B if these standards are consistent with and not more stringent than standards developed pursuant to chapter 2, article 3 of this title, or if the standards are adopted pursuant to article 9 of this chapter. In administering this subsection, the department shall ensure that any discretion allowed to a director of an approved state pursuant to the federal regulations is maintained in the department's rules. Aquifer protection provisions adopted pursuant to this subsection do not apply to an owner or operator of a solid waste facility if the owner or operator submits an administratively complete application for an aquifer protection permit pursuant to chapter 2, article 3 of this title before the date that the owner or operator is required to submit a solid waste facility plan.

D. The department shall adopt rules to define biohazardous medical waste and to regulate biohazardous medical waste and medical sharps to include all of the following:

1. A definition for biohazardous medical waste that includes wastes that contain material that is likely to transmit etiologic agents that have been shown to cause or contribute to increased human morbidity or mortality of epidemiologic significance. The department shall consult with the department of health services in making this determination.

2. Reasonably necessary rules regarding the storage, collection, transportation, treatment and disposal of biohazardous medical waste and medical sharps, beginning with the placement by the generator of the waste in containers for the purpose of waste collection. The department may shall require payment of a fee for the licensure of a transporter of biohazardous medical waste. After July 20, 2011, The department shall establish by rule a fee for the licensure of a transporter of biohazardous medical waste, including a maximum fee. As part of the rulemaking process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority for the increase. The fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881. In the case of self-hauling of waste by the generator, all storage facilities under the generator's control and all waste handling practices including storage, treatment and transportation shall be in accordance with these rules. The department shall also adopt reasonably necessary rules regarding the tracking of biohazardous medical waste and medical sharps.

3. Rules that require facilities that receive plan approval under section 49-762, subsection A, paragraph 3 to pay an annual fee as established by rule. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881.

E. The department may adopt reasonably necessary rules regarding the storage, collection, transportation, treatment and disposal of nonbiohazardous medical waste beginning with the placement by the generator of the waste in containers for the purpose of waste collection. In the case of self-hauling of the waste by the generator, all storage facilities under the generator's control and all waste handling practices including storage, treatment and transportation shall be in accordance with these rules.

F. The department shall adopt rules for the application of sludge from a wastewater treatment facility to land for use as fertilizer or beneficial soil amendment. For the purposes of this subsection, "sludge" has the same meaning as sewage sludge as defined in 40 Code of Federal Regulations section 122.2 in effect on January 1, 1998.

G. The department shall adopt rules regarding the storage, processing, treatment or disposal of solid waste at solid waste facilities that are identified in section 49-762.01. The rules shall allow the owner or operator to certify compliance with the department's statutes and rules instead of obtaining a solid waste facility plan approval. The rules shall provide that the applicant at its option may request approval of a solid waste facility plan rather than certifying compliance.

H. The department shall issue by rule best management practices for the classes of solid waste facilities set forth in section 49-762.02. The department shall establish fees in rules for solid waste facilities. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881.

I. The department shall adopt reasonably necessary rules establishing minimum standards for storing, collecting, transporting, disposing and reclaiming solid waste, including garbage, trash, rubbish, manure and other objectionable wastes. These rules shall provide for inspecting premises, containers, processes, equipment and vehicles, and for abating as environmental nuisances any premises, containers, processes, equipment or vehicles that do not comply with the minimum standards of these rules. The rules adopted pursuant to this subsection do not apply to sites that are either regulated by section 49-762, 49-762.01 or 49-762.02 or exempted from the definition of solid waste facility in section 49-701 or from the definition of solid waste in section 49-701.01. Notwithstanding any other provision of this subsection, rules adopted pursuant to this subsection shall apply to defining environmental nuisances pursuant to section 49-141.

J. The department shall adopt rules relating to financial assurance requirements. The rules shall indicate the types of financial assurance mechanisms to be required and the content, terms and conditions of each financial mechanism, including circumstances under which the department may take action on the financial assurance mechanism for facility closure, postclosure care if necessary and corrective action for known releases. The department shall establish fees in rule. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881. The financial assurance mechanisms shall include all of the following:

1. Surety bond.

2. Certificate of deposit.

3. Trust fund with pay-in period.

4. Letter of credit.

5. Insurance policy.

6. Certificate of self-insurance.

7. Deposit with the state treasurer.

8. Evidence of ability to meet any of the following:

(a) Corporate financial test.

(b) Local government financial test.

(d) Local government guarantee test.

(e) Political subdivision financial test that shall require the department to consider the entity's bond rating, income stream, assets, liabilities and assessed valuation of taxable property.

9. Multiple financial assurance mechanisms.

10. Additional financial assurance mechanisms that may be acceptable to the director.

K. The department shall adopt rules that prescribe standards to be used in determining if a site is a recycling facility.

L. The director may adopt rules that prescribe standards to be used in determining if a solid waste facility includes significant solid waste transfer activities that warrant the facility's regulation as a transfer facility.

M. The department shall adopt facility design, construction, operation, closure and postclosure maintenance rules for biosolids processing facilities and household waste composting facilities that must obtain plan approval pursuant to section 49-762. The department shall require facilities that receive plan approval pursuant to section 49-762 to pay an annual fee. The department shall establish by rule the annual fee. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881. END_STATUTE

Sec. 9. Section 49-762, Arizona Revised Statutes, is amended to read:

START_STATUTE49-762. Facilities requiring solid waste facility plans; exemption

A. The owner or operator of the following solid waste facilities shall obtain approval of a solid waste facility plan in accordance with sections 49-762.03 and 49-762.04:

1. Solid waste land disposal facilities except those facilities regulated by 40 Code of Federal Regulations part 257, subpart D or the coal combustion residuals program that is established pursuant to article 11 of this chapter and that is approved by the United States environmental protection agency in accordance with 42 United States Code section 6945(d)(1).

2. Biosolids processing facilities.

3. Medical waste facilities.

4. Special waste facilities.

5. Municipal solid waste landfills.

6. Commercial or government-owned household waste composting facilities.

7. A site at which at least five hundred waste tires are stored on any day and any tire is stored for more than twelve months unless the site is a waste tire collection site owned by a municipality or a county.

B. Facilities that obtain and maintain coverage under a general permit established by the department pursuant to section 49-706 are exempt from submitting a solid waste facility plan pursuant to this section. END_STATUTE

Sec. 10. Section 49-762.03, Arizona Revised Statutes, is amended to read:

START_STATUTE49-762.03. Solid waste facility plan approval

A. Except as provided in subsections C and E of this section, the owner or operator of a solid waste facility identified in section 49-762 shall obtain the department's approval of a solid waste facility plan as follows:

1. For a new solid waste facility and before commencing construction of the solid waste facility, the owner or operator shall obtain approval of a solid waste facility plan that satisfies rules adopted by the director.

2. For an existing solid waste facility, the owner or operator shall file with the department a solid waste facility plan within one hundred eighty days after the effective date of rules adopted pursuant to section 49-761 that contain design and operation standards for that type of solid waste facility. An existing solid waste facility may continue to operate while the department reviews the plan. For an existing public solid waste facility that is currently subject to rules that contain design and operation standards, the owner or operator shall file with the department a solid waste facility plan by October 1, 1996, if the facility has not received plan approval before that date.

B. For a solid waste facility subject to site approval pursuant to section 49-767, a solid waste facility plan shall not be submitted to the department until the site for the solid waste facility has been approved pursuant to section 49-767. For all new solid waste landfills, a solid waste facility plan shall provide evidence of compliance with or the inapplicability of city, town or county zoning ordinances.

C. The director shall grant temporary authorization to operate a new solid waste facility if in the director's opinion the solid waste facility is needed immediately and could not be properly planned in advance.

D. An owner or operator of more than one solid waste facility that conducts similar activities with similar waste streams may prepare and implement a single plan that covers all of its facilities if it has received prior approval from the director and has complied with rules regarding single plans that are adopted by the director.

E. The director by rule may exempt from some or all of the facility plan approval requirements those solid waste facilities that are located in unincorporated areas and that are used for disposal by any single family residence located on the same property or those solid waste facilities that do not present a threat to public health and safety and the environment.

F. The department shall collect from the applicant reasonable fees established by the director by rule for the approval of the plan, including costs for the processing, review, approval or disapproval of the plan. After the effective date of this amendment to this section, The director shall establish by rule fees for the approval of the plan, including costs incurred by the department for the processing, review, approval or disapproval of the plan and up to the ESTABLISHED maximum fees. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the director shall not increase those fees by rule without specific statutory authority for the increase. The fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.

G. The department may contract with private consultants for the purposes of assisting the department in reviewing solid waste facility plan approvals to determine whether a facility meets the criteria of section 49-762.04. The department shall pay the consultant for the services rendered by the consultant from fees paid by the applicant. If the department contracts with a consultant under this section, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and by agreeing to pay the department the costs of the consultant's services. Notwithstanding section 49-881, fees collected by the department for expedited plan review shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881 and used for payment of the costs of the consultant services. Fees received for the purpose of expedited plan review are not subject to appropriation. END_STATUTE

Sec. 11. Section 49-762.05, Arizona Revised Statutes, is amended to read:

START_STATUTE49-762.05. Self-certification procedures; rules

A. The owner or operator of a solid waste facility identified in section 49-762.01 shall comply with the self-certification requirements prescribed by this section and rules adopted by the director.

B. The owner or operator of a new solid waste facility may be required by rule to submit some or all of the following information to the department before the start of construction:

1. Design and operational plans or other documents necessary to describe the design of the facility and the practices and methods that are or will be used to comply with the design and operation rules adopted by the director for that type of facility.

2. A demonstration of financial assurance in accordance with section 49-770.

3. A demonstration of compliance with either local zoning laws or section 49-767.

4. A demonstration of the issuance of other environmental permits that are required by statute.

5. A copy of the public notice in a newspaper of general circulation in the area in which a new solid waste facility will be located. The public notice shall state the intent to construct and operate a new solid waste facility pursuant to this subsection.

C. The owner or operator of an existing solid waste facility may be required by rule to submit some or all of the information described in subsection B, paragraphs 1 through 4 of this section within one hundred eighty days after the adoption of design and operation rules for that type of facility.

D. The owner or operator shall maintain all documents required by statute or rule at the solid waste facility or any other location as determined by rule, and those documents shall be made available for inspection pursuant to section 49-763.

E. An owner or operator making a substantial change to a solid waste facility shall submit documentation to the department before the start of construction stating that the facility will remain in compliance with the design and operation rules for that type of facility. The owner or operator of a solid waste facility that makes any changes in its compliance with subsection B, paragraph 2 or 3 of this section shall submit copies of those changes to the department.

F. A person making a submittal under this section shall certify in writing that the information submitted is true, accurate and complete to the best of the person's knowledge and belief.

G. Self-certified facilities identified in section 49-762.01 are not subject to the location restrictions of section 49-772.

H. The department shall collect from the applicant registration fees. After the effective date of this amendment to this section, The department shall establish by rule registration fees, including maximum fees. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase those fees by rule without specific statutory authority for the increase. Fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.

I. An owner or operator of more than one solid waste facility identified in section 49-762.01 that conducts similar activities with similar waste streams may submit one self-certification filing for all such facilities if the owner or operator has received prior approval from the director and has complied with rules for self-certification that are adopted by the director. END_STATUTE

Sec. 12. Section 49-802, Arizona Revised Statutes, is amended to read:

START_STATUTE49-802. Federal used oil program; incorporation by reference; rulemaking

A. The department shall administer 42 United States Code section 6935, as amended on January 1, 1997, as the used oil program for this state. For that purpose, 40 Code of Federal Regulations part 279, as amended on January 1, 1997, is adopted by reference. For purposes of this program, the United States, the environmental protection agency and the administrator shall be applied to mean this state, the department and the director, respectively.

B. The department may adopt rules for the administration of the federal program. Rules adopted pursuant to this subsection shall not be more stringent than or conflict with 40 Code of Federal Regulations part 279. The department shall require an annual registration fee established by rule for handlers of used oil that are required to obtain a United States environmental protection agency identification number pursuant to 40 Code of Federal Regulations part 279. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881.

C. The following requirements apply in addition to 40 Code of Federal Regulations part 279:

1. A used oil collection center, as defined in 40 Code of Federal Regulations part 279, shall register with the department by obtaining an identification number from the department. A request for an identification number shall include:

(a) The company name.

(b) The name of the owner of the company.

(d) The location of the collection center.

(e) A description of the type of used oil activity at the company.

2. A person who sends used oil fuel to a person who burns the used oil fuel for energy recovery shall certify to the burner that the used oil fuel has been analyzed or otherwise tested for compliance with the used oil specifications in 40 Code of Federal Regulations part 279.

3. Beginning on September 1, 1997, Each used oil fuel transporter, used oil fuel marketer and used oil processor and re-refiner, as defined in 40 Code of Federal Regulations part 279, shall submit to the department a written report each calendar quarter annually. The report shall be submitted within thirty days after the end of the calendar quarter yeaR to which the report applies, and it shall contain a copy of the tracking information required to be kept pursuant to 40 Code of Federal Regulations part 279 or a summary of such tracking information on a reporting form supplied by the department.

4. Beginning January 1, 1998, Each person who burns used oil fuel in devices identified in 40 Code of Federal Regulations section 279.61(a)(1) through (3) shall submit to the department a written annual report. The report shall be submitted to the department by February 1 for the previous calendar year and shall contain the following information:

(a) The name, address and telephone number of the person reporting.

(b) The name, address and telephone number of the burner facility.

(d) The total volume of on-specification used oil burned.

(e) The period being reported.

(f) The total volume of self-generated used oil burned on site.

(g) The total volume of used oil fuel burned.

(h) A summary of the tracking information required to be kept pursuant to 40 Code of Federal Regulations part 279.

5. Used oil fuel marketers and used oil fuel burners shall label all tanks that store on-specification used oil with the words "on-specification used oil". The department may sample and test used oil or used oil fuel to determine its properties or characteristics as prescribed in this article and rules adopted pursuant to this article.

6. A household "do-it-yourselfer" used oil generator, as defined under 40 Code of Federal Regulations part 279, shall send its used oil to a "do-it-yourselfer" collection station, a household hazardous waste collection center, a used oil collection center, a used oil fuel marketer or a used oil processor or refiner.

D. In administering this section or in adopting or administering rules pursuant to this section, the department shall maintain the level of discretion that is permitted pursuant to applicable federal rules.

E. Any client names or related identifying data required to be submitted to the department pursuant to this section is are confidential. END_STATUTE

Sec. 13. Section 49-836, Arizona Revised Statutes, is amended to read:

START_STATUTE49-836. Solid waste landfill disposal fees

A. Each operator of a solid waste landfill or facility shall make the fee payments required by this section as determined by the department. Monies from fees shall be deposited in the recycling fund established pursuant to by section 49-837 and the solid waste fee fund established pursuant to by section 49-881. Fees shall be calculated and paid as follows until the effective dates of rules adopted pursuant to subsection G of this section:

1. A disposal fee of twenty-five cents $.25 for each six cubic yards of uncompacted solid waste, twenty-five cents $.25 for each three cubic yards of compacted solid waste or twenty-five cents $.25 per ton of solid waste received at landfills regulated by the department. From and after June 30, 2004, for each twenty-five cents collected in disposal fees, twelve and one-half cents shall be deposited in the recycling fund and twelve and one-half cents shall be deposited in the solid waste fee fund. From and after June 30, 2005, all twenty-five cents $.25 collected in disposal fees shall be deposited in the recycling fund.

2. A solid waste landfill that receives only waste generated on site shall compute the fee by using one of the following methods:

(a) By actual volume or weight.

(b) By estimate based on landfill capacity use, volume or number of waste loads or any other reasonable means for approximating the volume or weight of disposed waste.

3. Facilities that generate waste from recycling solid waste, effluent from a secondary wastewater treatment plant or wastewaters shall pay one-half of the fee calculated pursuant to paragraph 1 of this subsection. The maximum annual amount paid by a facility for on-site disposal of waste generated from recycling shall not exceed fifteen thousand dollars $15,000. The fee for these facilities may be computed based on the dry or dewatered weight or volume of the waste generated from recycling.

B. Each fee payment shall be accompanied by a form prepared and furnished by the department and completed by the operator. The form shall state the total volume or weight of solid waste disposed of at that landfill during the payment period and shall provide any other information deemed necessary by the department. The form shall be signed by the operator.

C. A person who for a fee disposes of waste in a solid waste landfill that is not regulated by the department shall keep accurate records of the waste disposed of in those landfills and shall remit a fee to the department at the same rate and in the same manner as provided in subsection A of this section OR RULES ADOPTED PURSUANT TO SUBSECTION g OF THIS SECTION.

D. For solid waste landfills that are operated pursuant to section 49-741 and that do not have on-site operators or scales, the fee shall be based on a formula which that multiplies the population of the political subdivisions served by the landfill by seven cents $.07. From and after June 30, 2004, three and one-half cents of the seven cents shall be deposited in the recycling fund and three and one-half cents of the seven cents shall be deposited in the solid waste fee fund. From and after June 30, 2005, all seven cents FEES shall be deposited in the recycling fund. The fee shall be paid in the same manner as provided in subsection A of this section or rules adopted pursuant to subsection G of this section.

E. The provisions of This section or any rules adopted pursuant to subsection g of this section do not apply to:

1. Persons disposing of a load containing less than six cubic yards of uncompacted solid waste or three cubic yards of compacted solid waste.

2. A site used solely for the reclamation of land through the introduction of landscaping rubble or inert material.

3. Material produced in connection with a mining or metallurgical operation.

F. Solid waste management service companies and agencies affected by the landfill disposal fees established by this section may adjust the fees charged to customers by passing through to the customers the additional costs.

G. The department shall establish by rule the solid waste landfill disposal fees. END_STATUTE

Sec. 14. Section 49-855, Arizona Revised Statutes, is amended to read:

START_STATUTE49-855. Best management practices; fee; criteria

A. The director shall adopt, by rule, best management practices for the treatment, storage and disposal of each waste to be designated as a special waste pursuant to this article.

B. In adopting best management practices for a special waste, the director shall consider:

1. The availability, effectiveness, economic feasibility and technical feasibility of alternative handling or management technologies and practice.

2. The potential nature and severity of the effect on public health and the environment resulting from the special waste.

3. Circumstances under which the practices shall be applied, including climatological, geological and hydrogeological conditions.

4. Consistency with other federal and state laws, rules and regulations in an effort to avoid practices or requirements that duplicate, are inconsistent with or result in dual regulation under other federal and state laws, rules and regulations.

C. The best management practices adopted by the director shall contain procedures necessary for the protection of public health and the environment for the transportation, treatment, storage and disposal of special wastes. Additional items to be contained in the best management practices shall include at least:

1. A designated time of not less than ninety days beyond which a waste may not be stored.

2. A fee for each ton of special waste that is transported to a facility in this state for treatment, storage or disposal. After the effective date of this amendment to this section, The department shall establish by rule a fee for each ton of special waste that is transported to a facility in this state for treatment, storage or disposal, including a maximum fee. As part of the rule making process, there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority for the increase. The fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.

D. The director may adopt special waste best management practices that apply to the treatment, storage or disposal of those wastes that are not regulated as hazardous wastes under federal laws or regulations.

E. The director may enact special waste best management practices that are more stringent than federal laws or regulations that govern polychlorinated biphenyls pursuant to the toxic substances control act (15 United States Code section 2605) if the director determines in writing that:

1. The additional regulation is necessary to protect public health or the environment.

2. There is a scientific basis for the additional regulation based upon on appropriate environment testing and analytical data.

3. The additional regulation is technically feasible.

F. Nothing in This section shall does not preclude the director from adopting best management practices under this article, which incorporate management practices applicable to the treatment, storage or disposal of those wastes that are not regulated as hazardous wastes under federal laws or regulations.

G. The department shall require facilities that generate, transport or receive special waste to pay an annual fee. The department shall establish by rule an annual fee. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881. Facilities that pay registration fees pursuant to section 49-747 are exempt from the fee prescribed by this section. END_STATUTE

Sec. 15. Section 49-857, Arizona Revised Statutes, is amended to read:

START_STATUTE49-857. Special waste management plans; director; approval; fee

A. Except as provided in section 49-858, a facility that plans to manage special waste for treatment, storage or disposal shall apply for and obtain approval of the director.

B. The application shall include all of the following:

1. A complete solid waste facility plan pursuant to section 49-762 that includes a special waste management plan component that complies with best management practices adopted pursuant to section 49-855 for each special waste for that portion of the facility that is engaged in the treatment, storage or disposal of special waste.

2. Evidence of compliance with permit filing requirements pursuant to this title.

C. The director shall collect from the applicant a reasonable fee based on the state's total costs in processing the plan. The director may amend an existing rule or adopt a new rule to establish criteria for those costs. The rule making is exempt from title 41, chapter 6, except that the director shall provide for reasonable notice and a hearing. Monies from fees shall be deposited in the solid waste fee fund established by section 49-881.

D. A facility at which the treatment, storage or disposal of special waste occurs only as a result of an episodic release at that facility shall not be subject to the special waste management plan requirements of this section. The special waste shall be managed pursuant to applicable best management practices. END_STATUTE

Sec. 16. Section 49-881, Arizona Revised Statutes, is amended to read:

START_STATUTE49-881. Solid waste fee fund; uses; exemption

A. The solid waste fee fund is established. The director shall administer the fund. The fund consists of legislative appropriations, donations, gifts, grants, registration fees collected pursuant to sections 44-1303 and 44-1304.01, waste tire administrative monies distributed pursuant to section 44-1305, subsection B, paragraph 1, lead acid battery collection and recycling fees collected pursuant to section 44-1322, licensure fees collected pursuant to section 49-104, subsection B, paragraph 14, subdivision (b), solid waste general permit fees collected pursuant to section 49-706, solid waste landfill registration fees from section 49-747, licensure fees collected pursuant to section 49-761, subsection D, paragraph paragraphs 2 and 3 and subsections H, j and m, solid waste fees collected pursuant to section 49-762.03, subsection F, section 49-802, subsection b, special waste management plan fees collected pursuant to section 49-857, special waste management fees collected pursuant to section 49-863, private consultants expedited plan review fees collected pursuant to section 49-762.03, subsection G, self-certification filing fees collected pursuant to section 49-762.05, subsection H, solid waste landfill disposal fees collected pursuant to section 49-836, special waste fees collected pursuant to section 49-855, subsection C, paragraph 2 and coal combustion residuals permit processing fees and annual fees collected pursuant to section 49-891.

B. Monies in the fund are subject to legislative appropriation for solid waste control programs established in the funding sources pursuant to subsection A of this section and as determined by the director.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. Monies deposited in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE

Sec. 17. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.