Arizona § 41-1037 General permits; issuance of traditional permit

Arizona Statutes

§ 41-1037 — General permits; issuance of traditional permit

Arizona § 41-1037

Title 41Arizona Revised Statutes

Ch. 6ADMINISTRATIVE PROCEDURE

Art. 3Rulemaking

This text of Arizona § 41-1037 (General permits; issuance of traditional permit) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 41-1037 (2026).

Text

A.If an agency proposes a new rule or an amendment to an existing rule that requires the issuance of a regulatory permit, license or agency authorization, the agency shall use a general permit if the facilities, activities or practices in the class are substantially similar in nature unless any of the following applies:

1.A general permit is prohibited by federal law.

2.The issuance of an alternative type of permit, license or authorization is specifically authorized by state statute.

3.The issuance of a general permit is not technically feasible or would not meet the applicable statutory requirements.

4.The issuance of a general permit would result in additional regulatory requirements or costs being placed on the permit applicant.

5.The permit, license or authorization is issu

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A. If an agency proposes a new rule or an amendment to an existing rule that requires the issuance of a regulatory permit, license or agency authorization, the agency shall use a general permit if the facilities, activities or practices in the class are substantially similar in nature unless any of the following applies:

1. A general permit is prohibited by federal law.

2. The issuance of an alternative type of permit, license or authorization is specifically authorized by state statute.

3. The issuance of a general permit is not technically feasible or would not meet the applicable statutory requirements.

4. The issuance of a general permit would result in additional regulatory requirements or costs being placed on the permit applicant.

5. The permit, license or authorization is issued pursuant to section 8-126, 8-503, 8-505, 23-504, 36-592, 36-594.01, 36-595, 36-596, 36-596.54, 41-1967.01 or 46-807.

6. The permit, license or authorization is issued pursuant to title V of the clean air act.

B. The agency retains the authority to revoke an applicant's ability to operate under a general permit and to require the applicant to obtain a traditional permit if the applicant is in substantial noncompliance with the applicable requirements for the general permit.