House of Representatives

SB 1319

underground storage tanks; revisions

Sponsors: Senators Bowers: Aguirre, Arzberger et. al

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

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.

The bill passed the Natural Resources Committee without any amendments.

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44th Legislature Analyst Initials _______

Second Regular Session March 2, 2000

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