Terms Used In Arizona Laws > Title 49 > Chapter 3 > Article 3 - County Air Pollution Control

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Administrator: means the administrator of the United States environmental protection agency. See Arizona Laws 49-401.01
• Adverse effects to human health: means those effects that result in or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, including adverse effects that are known to be or may reasonably be anticipated to be caused by substances that are acutely toxic, chronically toxic, carcinogenic, mutagenic, teratogenic, neurotoxic or causative of reproductive dysfunction. See Arizona Laws 49-401.01
• Advisory council: means any county air pollution control advisory council established pursuant to this article. See Arizona Laws 49-471
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Air contaminants: includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials or noxious chemicals, or any other material in the outdoor atmosphere. See Arizona Laws 49-471
• 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 board of supervisors. See Arizona Laws 49-471
• Allegation: something that someone says happened.
• 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.
• 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.
• Begin actual construction: means initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. See Arizona Laws 49-401.01
• Board of supervisors: means any county board of supervisors. See Arizona Laws 49-471
• Chambers: A judge's office.
• Circumstantial evidence: All evidence except eyewitness testimony.
• Clean air act: means the clean air act of 1963 (P. See Arizona Laws 49-401.01
• Clean burning fuel: means :

  (a) An emulsion of water-phased hydrocarbon fuel that contains not less than twenty percent water by volume and that complies with any of the following:

  (i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 C. See Arizona Laws 1-215

• Commence: means , as applied to construction of a source:

  (a) For purposes other than title IV of the clean air act, that the owner or operator has obtained all necessary preconstruction approval or permits required by federal law and this chapter and has done either of the following:

  (i) Begun or caused to begin a continuous program of physical on-site construction of the source to be completed within a reasonable time. See Arizona Laws 49-401.01

• 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.
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Control officer: means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473. See Arizona Laws 49-471
• 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.
• 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
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hazardous air pollutant: means any federally listed hazardous air pollutant and any air pollutant that the director has designated as a hazardous air pollutant pursuant to Section 49-426. See Arizona Laws 49-401.01
• Hazardous air pollutant reasonably available control technology: means an emissions standard for hazardous air pollutants that the director, acting pursuant to Section 49-426. See Arizona Laws 49-401.01
• Hearing board: means any county air pollution hearing board established pursuant to this article. See Arizona Laws 49-471
• 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.
• installation: means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties and are under the control of the same person or persons under common control except the activities of any vessel. See Arizona Laws 49-401.01
• 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}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Maintenance area: means any nonattainment area that has been redesignated by the administrator to attainment status. See Arizona Laws 49-401.01
• Major source: means a stationary source or a group of stationary sources that is located within a contiguous area, that is under common control and that is defined as a major source in section 501(2) of the clean air act or that is a major emitting facility as defined in title I, part C of the clean air act or that is defined in department rules as a major source consistent with the clean air act. See Arizona Laws 49-401.01
• Maximum achievable control technology: means an emission standard that requires the maximum degree of reduction in emissions of the hazardous air pollutants subject to this chapter, including a prohibition on such emissions where achievable, and that the director, after considering the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines to be achievable by an affected source to which such standard applies, through application of measures, processes, methods, systems or techniques including measures that:

  (a) Reduce the volume of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications. See Arizona Laws 49-401.01

• Mobile source: means any combustion engine, device, machine or equipment that operates during transport and that emits or generates air contaminants whether in motion or at rest. See Arizona Laws 49-401.01
• modify: means a physical change in or change in the method of operation of a source that increases the emissions of any regulated air pollutant emitted by such source by more than any relevant de minimis amount or that results in the emission of any regulated air pollutant not previously emitted by more than such de minimis amount. See Arizona Laws 49-401.01
• National ambient air quality standard: means the ambient air pollutant concentration limits established by the administrator pursuant to 42 United States Code § 7409. See Arizona Laws 49-401.01
• Nonattainment area: means any area in this state that is designated as prescribed by section 49-405 and where violations of national ambient air quality standards have been measured. See Arizona Laws 49-401.01
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• 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.
• Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
• Permit: includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 49-471
• Permitting: includes the county process for granting, denying, renewing, revoking, suspending, annulling, withdrawing or amending a permit. See Arizona Laws 49-471
• Permitting authority: means the department or a county department or agency that is charged with enforcing a permit program adopted pursuant to section 49-480, subsection A. See Arizona Laws 49-401.01
• 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 49-471
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• 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
• Potential to emit: means the maximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physical and operational design. See Arizona Laws 49-401.01
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Register: means the Arizona administrative register. See Arizona Laws 49-471
• Rule or ordinance making: means the process for formulation and adoption of a rule or ordinance. See Arizona Laws 49-471
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Source: means any building, structure, facility or installation that may cause or contribute to air pollution or the use of which may eliminate, reduce or control the emission of air pollution. See Arizona Laws 49-401.01
• State implementation plan: means the accumulated record of enforceable air pollution control measures, programs and plans adopted by the director and submitted to the administrator pursuant to 42 United States Code § 7410. See Arizona Laws 49-401.01
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215