A. If the department or this state incurs unrecovered corrective action costs from a corrective action undertaken on behalf of a person other than the underground storage tank owner or operator, the department has a lien on the property for the unrecovered corrective action costs.

Terms Used In Arizona Laws 49-1056

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Corrective actions: means those actions that are prescribed pursuant to section 49-1005. See Arizona Laws 49-1001
  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • 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

B. Notwithstanding subsection A of this section, the department may forgo a lien on the property when the director orders corrective actions that are necessary to protect human health, safety or the environment pursuant to section 49-1017.

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