ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
underground storage tanks
Purpose
Changes the review requirements for preapproved underground storage tank cleanup and reduces the requirements for underground storage tank leak cleanup.
Background
The
Arizona Department of Environmental Quality (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 eliminates the ADEQ review of whether cleanup efforts conform to the preapproved costs and actions. Instead, S.B. 1338 requires ADEQ to review
whether cleanup costs were within the
preapproved limits. S.B. 1338 also eliminates some of the
statutory requirements for the cleanup of underground storage tank
releases.
There
is no known fiscal impact to the state general fund relating to the provisions
of this bill.
1. Eliminates the review of whether underground storage tank cleanup actions conform to ADEQ’s preapproved cleanup plan.
2. Eliminates the requirement that corrective actions taken by underground storage tank owners be reasonable, necessary and cost effective.
3. Eliminates the requirement that corrective actions for reimbursement from the assurance account be the most cost effective alternative.
4. 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.
5. Allows a work plan to reference previously submitted material.
6. Makes technical and conforming changes.
7. 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.
Senate Action
NRAE 3/14/02 DPA 7-0-1-0
Prepared by Senate Staff
March 18, 2002