Arizona Laws 49-1071. Noncorrective action tank site improvement; purposes; priority
A. Subject to the availability of monies in the underground storage tank revolving fund that are annually allocated by the director for each of the following types of actions, an owner, operator or person that meets the requirements of section 49-1016, subsection C may request that the department provide monies for that person to conduct one or more of the following actions, up to a maximum of $300,000 per site:
Terms Used In Arizona Laws 49-1071
- 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
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Suspected release: means any of the following:
(a) The discovery by owners and operators or others of released regulated substances at the underground storage tank site or in the surrounding area. 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
- Under-dispenser containment: means a secondary containment device that is beneath a motor fuel dispenser, that is connected to the underground storage tank and that is designed to be liquid tight. 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. Actions necessary to ensure that the underground storage tank, its piping and its under-dispenser containment comply with standards for new installations prescribed by section 49-1009 or other applicable federal requirements, including replacement of system components, up to a maximum of $200,000.
2. Removal of underground storage tanks for purposes of permanent closure or replacement, up to a maximum of $25,000 per tank. If petroleum contaminated media that require over-excavation are encountered during removal of the underground storage tank, up to an additional $15,000 per site is available for reimbursement.
3. Confirmation of a suspected release at a tank or site, up to a maximum of $20,000.
4. Obtaining a baseline assessment of a site as prescribed in section 49-1052, up to a maximum of $40,000.
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.
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 on nearby surface water and groundwater.
5. The degree of exposure.
6. The financial resources of the applicant.
C. An application for funding and request for reimbursement under this section shall be on a form provided by the department and shall include:
1. Detailed information about the site, including the type, number and location of tanks.
2. Information about the owner and operator, including the type of financial responsibility.
3. A description of the evidence of any release or suspected release.
4. The proposed actions necessary to meet tank and system performance standards.
D. Monies may not be provided under this section for work that takes place more than five hundred forty-five days after the date that monies are approved.
E. An application for monies pursuant to subsection A, paragraph 1, 2 or 4 of this section may be filed with the department at any time but only those costs incurred after the department approves the application are eligible for reimbursement. For an application for monies pursuant to subsection A, paragraph 3 of this section, the department may reimburse costs incurred for work that takes place before the department’s approval. The maximum amounts prescribed in this section apply to applications approved by the department whether before or after August 27, 2019.
F. Notwithstanding any other provision of this section, for applications made pursuant to this section that are received by the department before September 30, 2020, the department may reimburse costs incurred for work conducted on or after October 1, 2020, including costs incurred for work that occurred before the department’s final determination.