ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
underground storage tanks
Purpose
Requires
the Arizona Department of Environmental Quality (ADEQ) to pay for underground
storage tank cleanup work that is not preapproved.
Background
ADEQ uses the underground storage tank revolving fund to
compensate eligible underground storage tank owners for 90 percent of the cost
of cleaning up regulated substance releases.
The Director of ADEQ is required to prescribe rules for the cleanup of
underground tank releases. Before
beginning a cleanup effort, tank owners may submit a plan to ADEQ for
preapproval. After the cleanup, if the
tank owner’s actions and costs are within the preapproved plan, ADEQ is
required to compensate the owner without further review.
S.B. 1338 requires ADEQ to pay for underground storage tank cleanup work that is not outlined in the preapproved work plan under certain circumstances.
There
is no known fiscal impact to the state general fund relating to the provisions
of this bill.
1. Requires ADEQ to pay for work conducted within the work objectives of the preapproved work plan if both of the following apply:
a)
The
work is in substitution for a preapproved work item.
b)
The
cost of the work is equal to or less than the cost schedules and costs of the
substituted work item.
2. Requires ADEQ to pay for reasonable and necessary work performed that is not in substitution for a preapproved work item if it is less than the cost schedule and the total preapproved amount of the work plan, and does not cause dual payment for preapproved work. If the work exceeds the total preapproved amount of the work plan, ADEQ is required to prioritize payment for the portion of the work that is less than the total preapproved amount.
3. Makes technical and conforming changes.
4. Provides for a general effective date.
Amendments Adopted by Committee
1. Restores existing corrective action requirements to protect public health, welfare and the environment, provide for the control or cleanup of leaks and be technically feasible.
2. Eliminates the requirement that corrective actions for reimbursement from the assurance account be the most cost effective alternative.
3. Requires ADEQ to pay for work conducted outside of a preapproved work plan if it is reasonable, necessary and within the total preapproved costs. If the work is not within the total preapproved costs, ADEQ must pay the costs according to the date the bills are submitted to the Department.
4. Allows a work plan to reference previously submitted material.
5. Makes technical and clarifying changes.
Amendments
Adopted by Committee of the Whole
1. Restores all existing corrective action and requirements.
2. Requires ADEQ to pay for work conducted outside of a preapproved work plan under certain circumstances.
Senate Action
NRAE 3/14/02 DPA 7-0-1-0
3rd Read 3/27/02 29-1-0-0
Prepared by Senate Staff
April 2, 2002