House of Representatives

HB 2611

municipal general plan; amendment

NOW: underground storage tank; fund transfers

Sponsor: Representative Flake

 

DP

Committee on Counties & Municipalities
W/D

Committee on Natural Resources & Agriculture
DPA
S/E

Committee on Appropriations
DPA

Caucus and COW

 

x

As Transmitted to the Governor

 

Provisions

Program

·        The municipal tank closure and corrective action program account shall be used by DEQ to perform permanent closure on underground storage tanks (USTs) and required corrective action on releases from USTs discovered during closure that are not eligible for or within the coverage limits of ARS 49-1054 (state assurance fund for corrective action and permanent closure).  Funds may be used for USTs that are not a source of release.

·        Funding for program would be through the transfer of monies remaining in the UST grant fund (49-1071), monies appropriated from the legislature and gifts, grants or donations.  Reimbursements for the actual costs incurred in preparing the request selected by the agency are limited to a maximum of  $15,000 per city or town, no matter how many requests are made.

·        DEQ shall operate the program until funds in the established account are depleted.    The director may continue to perform corrective action under the state led program on releases discovered during permanent closure under this program.

·        DEQ would have no liability for any third party actions for bodily injury or property damage caused by closure activities, corrective action activities or releases from USTs.

 

 

Eligibility

·        Cities and towns are eligible for participation if the incorporated area has a population less than 15,000 persons and the owner or operator of the tank cannot be located or the person who currently owns the property is not the owner or operator of the tank.

Application

·        A city or town must submit an application that includes all of the following:

·        A list of each UST and information about the owner.

·        A statement outlining what public records have been searched to locate the owner or person responsible for a UST and that person cannot be located.

·        Evidence that the owner or person responsible has consented to the closure and corrective action associated with the UST and has granted access.

·        Contact information for the person responsible for coordinating the request with DEQ.

·        A completed notification for underground storage tanks form for each UST.

·        The director shall consider applications based on the order of applications received, the availability of monies and priorities established by DEQ.  Application notice shall be provided within 120 days of the request and a determination of the director does not constitute an appealable agency action.

·        The director shall prioritize UST requests based on these criteria:

·        A properly filed application.

·        Releases that pose a threat to health, welfare and the environment in the area of the UST.

·        The reduction of threat the health, welfare and the environment from closure of the UST or performance of corrective action on a release from the UST.

·        The relationship between releases in the area and the UST.

·        Other site-specific conditions determined by the director.

·        Upon closure and corrective action (if required), the director shall issue a letter to the affected persons and the city or town that the requirements were met.

·         

·         

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

·        45th Legislature                                                                                                                          

·        First Regular Session                             2                                                              May 2, 2001

·         

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