Ariz. Rev. Stat. » Title 49
Arizona Revised Statutes

Ariz. Rev. Stat. § 49-401 (2026)

Declaration of policy

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 2 cases, 2015–2016 · leading case: State v. Fisher (Ariz. Ct. App. 2015).
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State v. Fisher (Ariz. Ct. App. 2015). · cites it 4× “A.R.S. § 49-401. Consistent with this purpose, the regulatory scheme contemplates an ability to reassess a source’s potential for emissions where changes to a facility are made, even if a new permit is not required.”
Sssr v. Cabrera (Ariz. Ct. App. 2016). · cites it 2× “A.R.S. § 49-401(B) (2016). ¶8 In challenging ADEQ's decision to grant the Rosemont permit, SSSR cited A.”
— Ariz. Rev. Stat. § 49-401(A) — 1 case
State v. Fisher (Ariz. Ct. App. 2015). “A.R.S. § 49-401. Consistent with this purpose, the regulatory scheme contemplates an ability to reassess a source’s potential for emissions where changes to a facility are made, even if a new permit is not required.”
— Ariz. Rev. Stat. § 49-401(B) — 1 case
Sssr v. Cabrera (Ariz. Ct. App. 2016). “A.R.S. § 49-401(B) (2016). ¶8 In challenging ADEQ's decision to grant the Rosemont permit, SSSR cited A.”
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