SB1319 - 442R - House Bill Summary

House of Representatives

SB 1319

underground storage tanks; revisions

Sponsors: Senators Bowers: Aguirre, Arzberger et. al

X	Committee on Natural Resources
	Caucus and COW	This bill as introduced contains *a PROP 108 clause.*
	As Passed the House	This bill as introduced contains *a PROP 108 clause.*

The bill creates a municipal tank closure program (MTCP) in the Department of Environmental Quality (DEQ), authorizes a temporary additional one cent excise tax on regulated substances in USTs, and modifies the eligibility requirements for state assurance account (SAF) coverage.

Provisions

FUNDING

· There is an additional one cent per gallon tax excise tax (ARS 49-1031.01) to be temporally imposed on regulated substances placed in USTs between July 1, 2000 and June 30, 2003 (there is a prop 108); revenues are distributed as follows: 20% is credited to the MTCP and 80% is credited to the SAF for paying approved but unpaid claims; none of the SAF monies may be used for administrative costs; on July 1, 2003 any unexpended or unencumbered monies in the grant account are to used for existing grant account activities pursuant to ARS 49-1072 (meeting tank performance standards, paying a portion of the corrective action co-pay, removing tanks, or paying for expedited reviews).

MTCP

· Eligibility: municipalities with a population of less than 15,000 and at least fifteen USTs where the person who owns the property or controls the property or the UST is not an owner or operator.

· A municipality that applies for assistance shall submit an application containing:

1. A scale map that identifies each UST to be closed.

2. Evidence of tank closure consent from property owner.

3. A comprehensive cost estimate of the proposals and a copy of the request for proposals to be issued by the community upon the receipt of assistance.

4. A comprehensive plan that includes a UST closure schedule.

5. The name, address and phone number of the city staff responsible for the project.

6. A completed notification for UST form for each tank proposed for closure.

· DEQ shall consider applications in the order that they are received; the maximum award is $500,000 per municipality; tanks that are not a source of release are eligible for assistance; DEQ shall issue a determination within 90 days of the receipt of the application; successful applicants shall be reimbursed up to $30,000 for preparation costs.

· Upon project completion, the municipality shall provide DEQ with a report that includes; identification of each facility in the project; soil and water sampling information and sampling protocol; copies of lab reports and chain-of -custody forms; a description of QAQC program used in the field; and a scaled map that includes tank closure locations, piping, dispensers and sampling locations.

· DEQ shall issue a letter to affected persons stating that closure requirements were met upon the agency’s confirmation.

· A MTCP account is established; a maximum of 10 % of monies may be used for administrative costs

VOLUNTARY REMEDIATION

· There is 100% SAF coverage for permanent closure for volunteers who are not owners or operators regardless of when the release was reported provided the following conditions are met: the UST was a source of a release to native soil that requires corrective action, permanent closure has been in accordance with statutory and regulatory requirements and the release was reported to DEQ.

· ---------- DOCUMENT FOOTER ---------

· 44th Legislature Analyst Initials _______