ARIZONA STATE SENATE
Phoenix, Arizona
air quality permits; sand
and gravel
Purpose
Requires public notice and
opportunity for public comment for changes in the location of equipment used in
sand and gravel operations.
Background
The Arizona Department of
Environmental Quality (ADEQ) issues two types of permits for equipment that
emits air pollutants: general permits and individual permits. A general permit is issued for a defined
class of facilities substantially similar in nature with substantially similar
emissions. Most equipment used in sand
and gravel operations falls under a general permit. Many general permits are for portable equipment that can be used
at multiple temporary locations. This
permit requires notice to the Director before the location of the equipment is
changed, but does not require public notice to local residents that the
equipment will be operating in their area. The other type of permit, the
individual permit, is issued to single facilities that are large sources of air
pollution or sources that do not fit into any of the general permit categories.
Equipment used in sand and
gravel operations is usually permitted under a general permit, which does not
require public notice to local residents when the equipment is moved to a new
location. Additionally, sand and gravel
operations are exempt from county zoning requirements, including the public
notice and hearing required for changes in land use. Many residents near sand and gravel operations have complained
about the lack of public notice that equipment will be operating in their
neighborhoods.
S.B. 1216 requires public
notice and an opportunity for public comment for changes in location for
equipment used in sand and gravel operations.
This bill also allows the ADEQ Director to assess an additional fee for
the costs of publishing the notice.
There is no known fiscal
impact to the state general fund relating to the provisions of this bill.
1. Requires public notice and opportunity for public comment for any proposed change in location for gravel or crushed stone processing plants or concrete batch plants.
2. Requires the Director of ADEQ to publicly notice a change in location of gravel or crushed stone processing plants or concrete batch plants. Notice must be published in two newspapers of general circulation or in another newspaper or newsletter if the Director determines that residents are more likely to receive notice in that newspaper or newsletter.
3. Allows the Director to assess a fee for the publication of a notice of location change for a general permitted gravel or crushed stone processing plant or concrete batch plant.
4. Requires the applicant to post the notice at the site where the source will be located adjacent to the public roadway if permitted by law.
5. Makes clarifying changes.
6. Provides for a general effective date.
Prepared by Senate Staff
February 19, 2002