49-401. Declaration of policy
A. The legislature finds and declares that air pollution exists with varying
degrees of severity within the state, such air pollution is potentially and in some cases
actually dangerous to the health of the citizenry, often causes physical discomfort,
injury to property and property values, discourages recreational and other uses of the
state's resources and is esthetically unappealing. The legislature by this act intends
to exercise the police power of this state in a coordinated state-wide program to control
present and future sources of emission of air contaminants to the end that air polluting
activities of every type shall be regulated in a manner that insures the health, safety
and general welfare of all the citizens of the state; protects property values and
protects plant and animal life. The legislature further intends to place primary
responsibility for air pollution control and abatement in the department of environmental
quality and the hearing board created thereunder. However, counties shall have the right
to control local air pollution problems as specifically provided herein.
B. It is further declared to be the policy of this state that no further
degradation of the air in the state of Arizona by any industrial polluters shall be
tolerated. Those industries emitting pollutants in the excess of the emission standard
set by the director of environmental quality shall bring their operations into conformity
with the standards with all due speed. A new industry hereinafter established shall not
begin normal operation until it has secured a permit attesting that its operation will
not cause pollution in excess of the standards set by the director of environmental
quality.
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