A. A person who seeks a conditional order shall file a petition with the director.

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Terms Used In Arizona Laws 49-438

  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • Person: includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. See Arizona Laws 49-421

B. If the issuance of the conditional order requires a public hearing, the director shall set a hearing date within thirty days after the filing of the petition. The hearing date shall be within sixty days after the filing of the petition.

C. Notice of the filing of a petition for a conditional order and of the hearing date on said petition shall be published in the manner provided in section 49-444. The notice shall state that any person may submit comments on the petition. A written comment shall state the name of the person and the person’s agent or attorney and shall clearly set forth reasons why the petition should or should not be granted. Grounds for comment shall be limited to whether the petition meets the criteria for issuance of a conditional order prescribed in section 49-437.