Arizona Laws 49-439. Decisions on petitions for conditional order; terms and conditions
A. Within thirty days after the conclusion of the hearing held pursuant to section 49-438, subsection B, or, if no hearing is held, within sixty days after the filing of the petition, the director shall deny the petition or grant the petition on such terms and conditions as the director deems appropriate.
Terms Used In Arizona Laws 49-439
- Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the director. See Arizona Laws 49-421
- Construction: means any physical change in a source or change in the method of operation of a source including fabrication, erection, installation or demolition of a source that would result in a change in actual emissions. See Arizona Laws 49-401.01
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
B. The terms and conditions which are imposed as a condition to the granting or the continued existence of a conditional order shall include, but not be limited to:
1. A detailed plan for completion of corrective steps needed to conform to the provisions of this article, the rules adopted pursuant to this article, and the requirements of the permit issued pursuant to this article.
2. A requirement that necessary construction shall begin as expeditiously as practicable.
3. Such written reports as may be required.
4. The right to make periodic inspection of the facilities for which the conditional order is granted.
C. A reasonable fee as may be prescribed by the director shall be deposited in the air pollution control permit fund established in section 49-555.