A. A person who owns property within a site may petition the director to adjust the boundaries to exclude the person’s property from the site boundaries. The geographic area covered by the boundary adjustment petition shall be described by legal description.

Terms Used In Arizona Laws 49-289.01

  • Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
  • Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Site: means the geographical areal extent of contamination. See Arizona Laws 49-281

B. The director shall review the petition based on the results of the remedial investigation. If the director determines that the property is either entirely or partially within the area of contamination or is predicted to be either entirely or partially within the area of contamination within two years, the director shall deny the petition to adjust the boundaries of the site. If the director determines based on the results of the remedial investigation that the property is not within the area of contamination and is not predicted to be within the area of contamination within two years, the director shall grant the petition to adjust the boundaries of the site.

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