A. Subject to the availability of monies in the underground storage tank revolving fund that are allocated by the director, an owner, an operator or another person that meets the requirements of section 49-1016, subsection C may request that the department conduct one or more of the following noncorrective actions at a site:

Terms Used In Arizona Laws 49-1017.02

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Closure: means the removal of an underground storage tank from operation. See Arizona Laws 49-1001
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Operator: means a person in control of, or having responsibility for, the day-to-day operation of an underground storage tank. See Arizona Laws 49-1001
  • Person: means an individual, trust, firm, joint stock company, corporation, joint venture, partnership, association, consortium, state, municipality, interstate body, commission, political subdivision of a state and the United States government. See Arizona Laws 49-1001
  • Petroleum: means petroleum, including crude oil or any fraction of crude oil, which is liquid at sixty degrees Fahrenheit and 14. See Arizona Laws 49-1001
  • Release: means a spill, leak, emission, discharge, escape, leach or disposal of a regulated substance from an underground storage tank into groundwater, surface water or soils. See Arizona Laws 49-1001
  • Tank: means a stationary device constructed of wood, concrete, steel, plastic or other nonearthen materials and used to contain regulated substances. See Arizona Laws 49-1001
  • Underground storage tank: means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent of the total volume of the tank and underground portions of pipes connected to the tank underground. See Arizona Laws 49-1001

1. Obtaining a baseline assessment of a tank or site as prescribed in section 49-1052.

2. Confirmation of a suspected release at a tank or site.

3. Permanent closure of an underground storage tank as prescribed by section 49-1008.

B. In determining the priority for requests under subsection A of this section, the director may consider the following factors:

1. The age, construction and operational history of the underground storage tank at the site.

2. The hydrogeologic characteristics of the site where the underground storage tank is located and the surrounding area.

3. The proximity, quality and current and future uses of nearby surface water and groundwater.

4. The potential effects of residual contamination to nearby surface water and groundwater.

5. The degree of exposure, including the physical and chemical characteristics of the type of petroleum sold or suspected to have been released, including its toxicity, persistence and potential for migration.

6. The financial ability of the person to conduct the action with the person’s own monies.

C. A request for a noncorrective action under this section shall be on a form provided by the department and shall contain sufficient information related to the site and the factors prescribed in subsection B of this section to allow the director to make a determination of priority for that request.