A. The director shall acquire clear title in the name of this state to a site consisting of one square mile located in Maricopa county which legal description is section 32, township 4 south, range 1 west, Gila and Salt river base and meridian for a hazardous waste disposal facility for the disposal, storage, recovery and treatment of hazardous wastes.

Terms Used In Arizona Laws 49-902

  • Contract: A legal written agreement that becomes binding when signed.
  • Hazardous waste: means hazardous waste as defined in section 49-921. See Arizona Laws 49-901
  • Hazardous waste disposal facility: means a hazardous waste disposal facility contracted for or operated by this state. See Arizona Laws 49-901
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Statute: A law passed by a legislature.

B. The director shall lease in the name of this state a buffer zone consisting of at least one-half mile surrounding the site acquired pursuant to subsection A of this section.

C. The director shall obtain such public easements as are necessary for ingress or egress to the site acquired pursuant to subsection A of this section.

D. The director may obtain lands for purposes of this article by purchase, lease, grant, condemnation or other lawful means.

E. When a hazardous waste disposal facility becomes operational, no new facility for the permanent disposal of hazardous waste operating away from the source of generation of the waste may be located within:

1. A one hundred year floodplain, as defined in section 48-3601.

2. An area so close to public roads, residences, public and private water wells and water supplies as to constitute a threat to human health or the environment.

3. An area where up to one mile from the perimeter of the site the depth to groundwater level is less than one hundred fifty feet.

4. An area where the surrounding land use for one square mile may impede proper long-term site maintenance.

5. An area where the hydrology and geology are incompatible with such use.

6. An area where subsidence has occurred or is likely to occur.

F. Notwithstanding any other statute, on the effective date of this section all duties relating to the administration of a lease and management of any contract with a person who has contracted for a hazardous waste disposal facility pursuant to section 49-903 shall be performed by the director of the department of administration.