ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
Modifies
the timelines, procedures and standards for requesting and obtaining a no
further action determination from the Arizona Department of Environmental
Quality (ADEQ) for a water quality assurance revolving fund (WQARF) site.
As
part of the Environmental Quality Act of 1986, the Legislature established the
Water Quality Assurance Revolving Fund (WQARF) program to support efforts to
clean up groundwater contamination caused by the release of hazardous
substances. In 1997, the WQARF program
was reformed by the Legislature to provide a dedicated funding source for the
program and to establish a new liability allocation process based on each
responsible party’s proportionate share of liability (Laws 1997, Chapter
287).
The
1997 legislation directed ADEQ to develop and maintain a registry of WQARF
sites according to how the sites are “scored” by the agency after conducting a
preliminary site investigation.
Affected parties are allowed to request that ADEQ rescore a WQARF site
on the site registry or request that the director determine that no further
action (NFA) is necessary at that site. An NFA determination means that ADEQ
will not require further remedial action, other than monitoring, at that site,
provided that ADEQ is allowed access to the site as needed. NFA determinations by the director are
appealable to the office of administrative hearings.
S.B.
1349 specifies timelines and procedures to be followed by ADEQ and any party
requesting an NFA determination by the agency. The fiscal impact of S.B. 1349
is unknown.
1. Specifies that a request submitted for NFA or a rescoring of a WQARF site indicate the specific hazardous substances released at or from the site or portion of the site and include a geographical description of the site or portion of the site.
2. Requires the director to specify the reasons for requesting additional information from a requesting party.
3. Requires the director to notify the requesting party within 30 days of receiving the additional information as to whether the information is complete. Requires the requesting party to satisfy a request for additional information within 60 days of receiving such a request from ADEQ. Allows the director to deny a request for an NFA determination if the requester fails to submit complete information.
4. Clarifies that ADEQ has access to the site for which an NFA determination has been requested. The director may deny such a request if access is not provided.
5. Requires the director to make a final decision on a request for an NFA determination or rescoring at a WQARF site within 300 days. In the final decision, the director is to include the factual, technical and legal grounds for the decision
6. Allows the requesting party and ADEQ to agree to an extension of the time for responses or for a final determination by the director.
7. Specifies that the director’s final decision on a request for an NFA determination shall be based on a finding that the site does not present a significant risk to the public health or the environment and the site complies with the remedy selection rules adopted by ADEQ for the WQARF program.
8. Allows ADEQ to reopen an investigation of a WQARF site for which an NFA determination has been made if any of the following circumstances exist:
(a) Discovery of the new information that, based on ADEQ’s remedy selection rules, would result in a potential denial of an NFA determination request.
(b) Information submitted to ADEQ was inaccurate, misleading or incomplete.
(c) Reopening of the investigation or taking of remedial action is necessary to respond to a release or the threat of a release of a hazardous substance that may present an imminent and substantial danger to the public health or the environment.
9. Makes other technical and conforming changes.
10. Provides for a general effective date.
Amendments Adopted by Committee
1.
Reinstates
the existing 90 day time limit for ADEQ to request additional information from
a person requesting an NFA determination for a WQARF site, and allows ADEQ up
to 300 days to make a final determination on a request. Parties may agree to extend these time
lines.
2.
Provides
that if a requester for an NFA determination fails to submit complete
information upon the request of ADEQ, the director may deny the request for the
determination.
3.
Eliminates
the requirement that an investigation of a site for which an NFA determination
request has been made be completed by ADEQ within 60 days.
4.
Clarifies
that ADEQ has access to the site for which an NFA determination has been
requested. The director may deny such a
request if access is not provided.
5.
Eliminates
the proposed contamination levels that must be demonstrated in order to receive
an NFA determination and replaces these with a requirement that the director’s
decision on a request shall be based on a finding that the site does not
present a significant risk to the public health or the environment and the site
complies with the remedy selection rules adopted by ADEQ for the WQARF program.
6.
Reinstates
the requirement that an NFA determination not preclude ADEQ from having future
access to the area covered by the determination.
7.
Stipulates
that ADEQ may reopen an investigation at a WQARF site for which an NFA
determination has been made under three circumstances.
Senate Action
GES 2/7/00 DPA 8-0-1-0
Prepared by Senate Staff
February 8, 2000