A settlement agreement made pursuant to this article may provide that the director shall reimburse a party to the agreement from the fund for the costs of specific remedial actions that the party has agreed to perform. In appropriate cases, the director may make reasonable efforts pursuant to this article to recover any fund expenditures from responsible parties who are not involved in the settlement agreement. A decision by the director not to reimburse a party from the fund for the costs of conducting a remedial action that is contained in a settlement agreement is not subject to judicial review.

Terms Used In Arizona Laws 49-296

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
  • Fund: means the water quality assurance revolving fund established by section 49-282. See Arizona Laws 49-281
  • Remedial actions: means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment, such actions as may be necessary to investigate, monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the environment that may otherwise result from a release or threat of release of a hazardous substance. See Arizona Laws 49-281
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
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