Terms Used In Arizona Laws > Title 49 > Chapter 1 - General Provisions

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approximately equal: means , for purposes of fees adopted pursuant to section 49-480, excluding per ton emissions fees, an amount that is not greater than ten per cent more than the fees or costs charged by the state for similar state permits or approvals. See Arizona Laws 49-101
• Characterization: means a process to determine the nature, degree and extent of contaminants at a site or a portion of a site. See Arizona Laws 49-171
• Commission: means the Arizona emergency response commission. See Arizona Laws 49-121
• Committee: means a local emergency planning committee. See Arizona Laws 49-121
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contaminant: means any substance that has been released to the environment and that qualifies as any of the following:

  (a) A hazardous substance as defined in section 49-201. See Arizona Laws 49-171

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Engineering control: means a remediation method such as a barrier or cap that is used to prevent or minimize exposure to contaminants and that includes technologies that reduce the mobility or migration of contaminants. See Arizona Laws 49-151
• Environmental claim: means a claim for defense or indemnity submitted under a general liability insurance policy by an insured in response to a claim of potential liability for bodily injury or property damage arising from a release of pollutants onto or into land, air or water. See Arizona Laws 49-171
• Environmental laws: means this title and any rules, permits and orders that are adopted or issued pursuant to this title. See Arizona Laws 49-192
• Environmental management system: means a set of documented processes and practices that enable an organization to reduce its environmental impacts and increase its operating efficiency by continuously improving its environmental performance. See Arizona Laws 49-192
• Environmental performance: means the effect of a facility or activity on air, water, land, natural resources or human health and the generation of waste by a facility or activity. See Arizona Laws 49-192
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hazardous substance: has the meaning set forth in the comprehensive environmental response, compensation, and liability act of 1980 (P. See Arizona Laws 49-121
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institutional control: means a legal or administrative tool or action taken to reduce the potential for exposure to contaminants. See Arizona Laws 49-151
• Insured: means any person who is included as a named insured on a general liability insurance policy and who has or had a property interest in a site in this state that involves an environmental claim. See Arizona Laws 49-171
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonresidential use: means those uses of property other than residential uses. See Arizona Laws 49-151
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Organization: means a company, corporation, political subdivision, firm, enterprise or institution, or any part or combination, whether incorporated or not, public or private, that has its own functions and administration. See Arizona Laws 49-192
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means all persons or entities that currently hold fee title to property other than as security for an obligation. See Arizona Laws 49-151
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remediation: means either:

  (a) The treatment or removal of contaminated environmental media to meet predetermined risk levels or site specific risk levels. See Arizona Laws 49-151

• Remediation: means action taken to address a contaminant by reducing the level of the contaminant in the environment or preventing or reducing exposure to the contaminant. See Arizona Laws 49-171
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• SARA: means the superfund amendments and reauthorization act of 1986 (P. See Arizona Laws 49-121
• Site: means the areal extent of contamination. See Arizona Laws 49-171
• Source: means a site or portion of a site where a contaminant is or may be released to waters of the state. See Arizona Laws 49-171
• Statute: A law passed by a legislature.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215