Arizona Laws 49-324. Stay pending appeal; standard of review
A. If an appeal is taken from the director‘s decision to issue a permit for a new facility, the facility may not discharge any pollutants inconsistent with the director’s decision until the appeal process is completed.
Terms Used In Arizona Laws 49-324
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
- Discharge: means the direct or indirect addition of any pollutant to the waters of the state from a facility. See Arizona Laws 49-201
- Environment: means WOTUS, any other surface waters, groundwater, drinking water supply, land surface or subsurface strata or ambient air, within or bordering on this state. See Arizona Laws 49-201
- Existing facility: means a facility on which construction began before August 13, 1986 and that is neither a new facility nor a closed facility. See Arizona Laws 49-201
- Facility: means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice from which there is, or with reasonable probability may be, a discharge. See Arizona Laws 49-201
- Permit: means a written authorization issued by the director or prescribed by this chapter or in a rule adopted under this chapter stating the conditions and restrictions governing a discharge or governing the construction, operation or modification of a facility. See Arizona Laws 49-201
- Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Standards: means water quality standards, pretreatment standards and toxicity standards established pursuant to this chapter. See Arizona Laws 49-201
B. Except as provided in subsections D and E of this section:
1. If an appeal is taken from the director’s decision to grant or deny a permit for an existing facility under circumstances in which that facility was previously subject to a permit, the facility may continue to operate pending final disposition of the appeal if there is no increase in the amount of pollutants discharged or change in the characteristics of the discharge.
2. If an appeal is taken from the director’s decision to grant, deny, modify or revoke a permit for a facility already subject to a permit, the facility may continue to operate as long as the operation complies with the conditions of the existing permit until final disposition of the appeal.
C. Decisions by the director shall be affirmed by the appeals board unless, considering the entire record before the board, it concludes that the director’s decision is arbitrary, unreasonable, unlawful or based upon a technical judgment that is clearly invalid.
D. The director or any interested person who has appealed or intervened before the board may apply to the superior court for an order requiring cessation of discharge or conditions for continued discharge pending final disposition of the appeal as necessary to prevent an imminent and substantial endangerment to public health and the environment. The court shall determine the matter under the standards applicable for granting preliminary injunctions.
E. Notwithstanding Section 41-1092.11, if a notice of appeal of a permit that is issued under article 3.1 of this chapter is filed with the water quality appeals board, those permit provisions that are specifically identified in the notice of appeal as being contested and those other permit provisions that cannot be severed from the contested provisions are automatically stayed while the appeal is pending before the board. Uncontested permit provisions that are severable from the contested provisions are effective and enforceable thirty days after the director serves notice on the applicant, the water quality appeals board and any party who commented on the proposed action of the conditions that are uncontested and severable.