reglab/housing_qa huggingface dataset:
AZ Rev Stat § 49-1004 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1004 - Reporting requirements

49-1004.  Reporting requirements A. The operator and owner of an underground storage tank shall notify the department of each release or suspected release from the tank as soon as practicable but no later than twenty-four hours after the release or suspected release is detected.  B. The operator of an underground storage tank shall notify the owner of each release from the tank as soon as practicable but no later than twenty-four hours after the release is detected. C. Notice by the operator and owner required by this section may be made orally or in writing but shall be followed within fourteen days by a written report to the department that a release or suspected release has been detected. The written report shall specify to the extent known at the time of the report the nature of the release or suspected release,  the regulated substance released,  the quantity of the release,  the period of time over which the release occurred,  the initial response and the corrective action taken as of the date of the report and anticipated to be taken subsequent to the date of the report. In addition,  the written report shall include additional information required by rules that are consistent with federal regulations in effect on the date on which the rules are adopted. D. The director shall prescribe by rule the reporting,  investigation and confirmation actions to be taken in the event of a release or suspected release of a regulated substance from an underground storage tank. Any rules adopted pursuant to this section shall be consistent with and no more stringent than federal regulations in effect on the date on which the rules are adopted. Until rules adopted pursuant to this subsection are in effect,  reporting,  investigation and confirmation actions shall be accomplished in a manner consistent with 40 Code of Federal Regulations sections 280.50 through 280.53.
AZ Rev Stat § 49-1006 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1006 - Statement of financial responsibility

49-1006.  Statement of financial responsibility A. If required by regulations adopted pursuant to 42 United States Code section 6991b(d) to establish evidence of financial responsibility,  an owner and operator shall file with the department a statement of financial responsibility containing evidence that the owner and operator are financially capable of taking the actions required by this chapter. B. Evidence of financial responsibility required by this section shall be established in a manner prescribed by the director by rule. The rules adopted pursuant to this section shall be consistent with and no more stringent than the federal regulations in effect on the date on which the rules are adopted.
AZ Rev Stat § 49-1006.01 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1006.01 - Insurance for releases; termination; notice; coverage; assistance

49-1006.01.  Insurance for releases;  termination;  notice;  coverage;  assistance A. Beginning on January 1,  2016 and continuing for twenty-four months,  if an owner or operator makes a claim against its insurance or an alternative financial responsibility mechanism for a release and its claim is denied or otherwise not paid,  the owner or operator shall provide to the department a copy of the notice of denial or other evidence of nonpayment. B. If the insurance used to meet the financial responsibility requirements of this chapter is terminated or not renewed,  the insurer shall notify the department of the termination or nonrenewal within thirty days after the date of termination or nonrenewal. The notice to the department shall state the name and address of the insured,  the date of termination or nonrenewal and the address of the facility that had been insured. C. Before January 1,  2017 or on the insurance contract renewal date,  whichever is earlier,  an owner or operator that satisfies financial responsibility requirements through insurance shall have policy coverage that extends to one of the following: 1. The date of the most recent baseline assessment conducted pursuant to section 49-1052 or comparable site characterization as determined by the department. 2. The date of the underground storage tank system installation. 3. The earliest retroactive coverage date of the previous insurance policy or alternative financial responsibility mechanism. D. The department shall assist an owner or operator in pursuing the owner's or operator's claim against the financial responsibility mechanism and obtaining coverage for a confirmed release from an underground storage tank system that is covered by the mechanism.
AZ Rev Stat § 49-1007 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1007 - Liability of guarantors

49-1007.  Liability of guarantors A. If the owner or operator of an underground storage tank files for protection under the federal bankruptcy laws and with reasonable diligence jurisdiction in a state court or the federal courts cannot be obtained over an owner or operator likely to be solvent at the time of judgment,  any claim arising from conduct for which evidence of financial responsibility must be provided pursuant to section 49-1006 may be asserted directly against the guarantor. In the case of an action pursuant to this section,  the guarantor may invoke all rights and defenses which would have been available to the owner or operator against the claimant if an action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. B. The total liability of any guarantor is limited to the aggregate amount which the guarantor provides to the owner or operator as evidence of financial responsibility and which the owner or operator provides to the department pursuant to section 49-1006. C. Nothing in this section shall be construed to limit any other state or federal statutory,  contractual or common law liability of a guarantor to its owner or operator including,  but not limited to,  the liability of a guarantor for bad faith either in negotiating or in failing to negotiate the settlement of a claim. D. Nothing in this section shall be construed to diminish the liability of a person under the comprehensive environmental response,  compensation,  and liability act of 1980 (P.L. 96-510;  94 Stat. 2769;  42 United States Code sections 9607 or 9611) or other applicable law.
AZ Rev Stat § 49-1008 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1008 - Closure

49-1008.  Closure The temporary closure,  permanent closure and change in service of an underground storage tank shall be accomplished in a safe and secure manner which prevents releases of regulated substances. The director shall prescribe by rule standards for these activities. Any rules adopted pursuant to this section shall be consistent with the federal regulations in effect on the date on which the rules are adopted. Until the rules adopted pursuant to this section are in effect,  a temporary closure,  permanent closure or change in service shall be accomplished in a manner consistent with 40 Code of Federal Regulations parts 280.70 through 280.74.
AZ Rev Stat § 49-1009 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1009 - Tank performance standards

49-1009.  Tank performance standards A. A person shall not install an underground storage tank unless the underground storage tank meets all of the following requirements: 1. It is designed to prevent releases due to corrosion or structural failure for the operational life of the tank. 2. It is cathodically protected against corrosion,  constructed of noncorrosive material,  steel clad with a noncorrosive material or designed in a manner to prevent the release of a regulated substance. 3. The material used in the construction or lining of the tank is compatible with the substance to be stored. B. A person shall not install an underground storage tank unless the underground storage tank meets the secondary containment performance standards for new underground storage tank systems prescribed in 40 Code of Federal Regulations section 280.20 as in effect on January 1,  2020 and release detection requirements for interstitial monitoring prescribed in 40 Code of Federal Regulations section 280.43(g) as in effect on January 1,  2020. C. A person shall not install a new piping component that is fifty percent or more of the total linear footage of all connected piping of the underground storage tank unless all connected piping of the underground storage tank that conveys a regulated substance under pressure is brought into compliance with the secondary containment performance standards for new underground storage tank systems prescribed in 40 Code of Federal Regulations section 280.20 as in effect on January 1,  2020 and release detection requirements for interstitial monitoring prescribed in 40 Code of Federal Regulations section 280.43(g) as in effect on January 1,  2020. D. An owner or operator who installs or replaces a dispenser system that connects to an underground storage tank shall install under-dispenser containment. The under-dispenser containment shall meet the performance standards for new underground storage tank systems prescribed in 40 Code of Federal Regulations section 280.20(f) as in effect on January 1,  2020.  E. The owner and operator of an underground storage tank shall use an underground storage tank,  a new piping component,  under-dispenser containment and any secondary containment material that is made of or lined with materials that are compatible with the regulated substance stored in or dispensed from the underground storage tank. F. The director may adopt rules specifying design,  construction,  installation,  performance and compatibility standards for underground storage tanks. The rules adopted pursuant to this subsection shall be consistent with and not more stringent than federal regulations in effect on the date on which the rules are adopted. G. The director may require an owner and operator of an underground storage tank to perform or cause to be performed a tank test to determine compliance with the standards established pursuant to this section.
AZ Rev Stat § 49-1010 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1010 - Preemption of local regulation; delegation of administrative authority

49-1010.  Preemption of local regulation;  delegation of administrative authority A. The provisions of this chapter and the rules which implement this chapter,  as they relate to the identification,  prevention and remediation of releases of regulated substances from underground storage tanks are of statewide concern and shall not be subject to further local regulation. B. The director,  by intergovernmental agreement or otherwise,  may delegate to other departments or agencies and to a city,  town or county the authority to administer the provisions of and enforce all or any part of this chapter or the rules adopted pursuant to this chapter.
AZ Rev Stat § 49-1011 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1011 - Right to inspect records, tanks and equipment

49-1011.  Right to inspect records,  tanks and equipment A. For the purposes of developing rules,  conducting studies or enforcing the provisions of this chapter,  an owner or operator of an underground storage tank shall,  on request of the director: 1. Furnish to the department information relating to the tank and its associated equipment and contents. 2. Permit the director to conduct monitoring and testing of tanks or surrounding soils,  air,  surface water or groundwater. 3. Permit the director to inspect and copy all records relating to tanks. 4. Permit the director to inspect and obtain samples of regulated substances contained in tanks. B. The director shall conduct all inspections permitted pursuant to subsection A at a reasonable time and complete these inspections with reasonable promptness.
AZ Rev Stat § 49-1012 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1012 - Confidentiality of records

49-1012.  Confidentiality of records A. Records or other information furnished to or obtained by the director concerning regulated substances are available to the public,  except that any records and information which relate to the trade secrets,  processes,  operations,  style of work or apparatus or confidential statistical data,  amount or source of any income,  profits,  losses or expenditures of any person are only for the confidential use of the department in the administration of this chapter unless the owner or operator expressly agrees to their publication or availability to the public. This section does not prohibit the appropriate governmental agency from publishing quantitative and qualitative statistics pertaining to the storage of regulated substances. Notwithstanding provisions to the contrary in this section,  information regarding the nature and quality of releases from underground storage tanks otherwise reportable pursuant to this chapter shall be available to the public. B. This section does not prohibit the department from providing confidential information to a duly authorized congressional committee or the United States environmental protection agency if the information is treated as prescribed by 40 Code of Federal Regulations part 2.
AZ Rev Stat § 49-1014 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1014 - Rules; policies; guidelines

49-1014.  Rules;  policies;  guidelines A. The director shall adopt rules pursuant to title 41,  chapter 6 necessary to provide procedures for the administration of this chapter and to cause the program for the regulation of underground storage tanks established by this chapter to be approved by the administrator of the environmental protection agency pursuant to 42 United States Code section 6991c. B. The director may establish policies and guidelines for the administration of this chapter,  subject to the following: 1. If a substantive policy statement as defined in section 41-1001 or a guideline is issued by the director,  the director shall provide written notice to persons regulated by this chapter before the effective date of a policy or guideline that affects the substantive rights of owners and operators or other parties regulated under the underground storage tank program. The written notice shall set forth the effective date of the policy or guideline. The policy or guideline shall not be retroactive or applied retroactively except as specifically authorized by law or by the agreement of the department and the person who is regulated by this chapter. 2. The department shall not base a determination of compliance with the requirements of this chapter in whole or in part on a policy or guideline that is not specifically authorized by statute or rule.
AZ Rev Stat § 49-1015 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1015 - Underground storage tank revolving fund; use; purpose

49-1015.  Underground storage tank revolving fund;  use;  purpose A. The underground storage tank revolving fund is established and shall be administered by the director. Monies in the fund are exempt from lapsing under section 35-190. B. The fund consists of monies appropriated by the legislature,  underground storage tank tax revenues collected and distributed pursuant to section 49-1036,  monies obtained from the fees imposed by this chapter and the rules adopted under this chapter and monies reimbursed to the fund by the department. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund. C. Monies from the fund may be used for the following: 1. To provide state matching monies and to meet other obligations as prescribed by section 9003(h)(7)(B) of the solid waste disposal act (42 United States Code section 6991b(h)(7)(B)). 2. For all the reasonable and necessary costs incurred in taking corrective actions pursuant to section 49-1017 and noncorrective actions pursuant to section 49-1017.02. 3. For the costs of recovering the expenses of corrective actions pursuant to section 49-1017 and noncorrective actions pursuant to section 49-1017.02. 4. To provide reimbursement for eligible costs. 5. For the costs incurred in administering the regulatory requirements of this chapter. 6. To reimburse the department for the reasonable and necessary costs incurred by the department in administering the corrective action requirements of this chapter. 7. To reimburse the department for the reasonable and necessary costs incurred by the department in administering the underground storage tank site improvement program. 8. To reimburse the department for the reasonable and necessary costs incurred by the department in administering the fund. The department may not pay from the fund any costs,  payments or other expenses that result from a contract awarded pursuant to this section unless the contract includes performance standards and contractual penalties for nonperformance or inadequate performance under the contract. D. The director shall reimburse the fund for any corrective action costs or noncorrective action costs that are paid out of the fund and that are subsequently recovered by the department. E. Monies in the fund may not be used to implement the water quality assurance revolving fund program pursuant to chapter 2,  article 5 of this title.
AZ Rev Stat § 49-1017.02 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1017.02 - Powers of the director; noncorrective actions

49-1017.02.  Powers of the director;  noncorrective actions A. Subject to the availability of monies in the underground storage tank revolving fund that are allocated by the director,  an owner,  an operator or another person that meets the requirements of section 49-1016,  subsection C may request that the department conduct one or more of the following noncorrective actions at a site: 1. Obtaining a baseline assessment of a tank or site as prescribed in section 49-1052. 2. Confirmation of a suspected release at a tank or site. 3. Permanent closure of an underground storage tank as prescribed by section 49-1008. B. In determining the priority for requests under subsection A of this section,  the director may consider the following factors: 1. The age,  construction and operational history of the underground storage tank at the site. 2. The hydrogeologic characteristics of the site where the underground storage tank is located and the surrounding area. 3. The proximity,  quality and current and future uses of nearby surface water and groundwater. 4. The potential effects of residual contamination to nearby surface water and groundwater. 5. The degree of exposure,  including the physical and chemical characteristics of the type of petroleum sold or suspected to have been released,  including its toxicity,  persistence and potential for migration. 6. The financial ability of the person to conduct the action with the person's own monies. C. A request for a noncorrective action under this section shall be on a form provided by the department and shall contain sufficient information related to the site and the factors prescribed in subsection B of this section to allow the director to make a determination of priority for that request.
AZ Rev Stat § 49-1018 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1018 - Corrective action; enforcement; priority

49-1018.  Corrective action;  enforcement;  priority The director shall give priority in undertaking state-led corrective actions pursuant to section 49-1017 to releases of regulated substances from underground storage tanks that pose the greatest threat to human health and the environment and shall consider the degree to which financial assistance from the department is necessary to ensure that corrective actions will be conducted.
AZ Rev Stat § 49-1019 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1019 - Release of regulated substance; causes of action; limitation; liability

49-1019.  Release of regulated substance;  causes of action;  limitation;  liability A. Any one of the following persons may bring an action in superior court against a person who caused or contributed to the release of a regulated substance from an underground storage tank to require that person to reimburse one of the following persons for the reasonable costs of corrective actions taken in response to the release: 1. An owner or operator of an underground storage tank or any other person who takes a corrective action pursuant to section 49-1005. 2. An owner or operator of an underground storage tank or any other person from whom costs are recovered by this state pursuant to this chapter. B. The person seeking reimbursement has the burden of demonstrating that the corrective action costs incurred were reasonable. C. This article does not affect or modify the obligations or liability of a person,  by reason of subrogation or otherwise,  under any other provision of common law,  federal law or the laws of this state,  for damages,  injury or loss resulting from a release of a regulated substance or for the costs of a corrective action,  except that a person who receives compensation for the costs of a corrective action pursuant to this article is precluded from recovering compensation for the same corrective action costs pursuant to any other federal law or the laws of this state. A person who receives compensation for corrective action costs pursuant to federal law or the laws of this state is precluded from receiving compensation for the same corrective action costs as provided in this article. D. Liability under this section shall be equitably allocated on a case-by-case basis in accordance with section 49-1017,  subsection D. Any party authorized to bring an action pursuant to subsection A of this section and any party against whom an action is brought may have liability allocated through mediation in accordance with section 49-1017,  subsection D or through the informal appeal process in accordance with section 49-1091. E. The department may take corrective action for a release and recover direct costs pursuant to section 49-1017 in proportion to the allocation made pursuant to subsection D of this section if an owner or an operator does not perform all necessary corrective actions and there is no other person to perform corrective actions pursuant to section 49-1016,  subsection C.
AZ Rev Stat § 49-1020 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1020 - Fees

49-1020.  Fees Each owner and operator of an underground storage tank that is subject to regulation under this chapter shall pay annually to the department a fee of one hundred dollars for each tank. An owner or operator who sold or relinquished legal,  equitable or possessory interest in the property on or before January 1,  1990 shall not be responsible to pay the fee prescribed by this section. The director,  with the approval of the attorney general,  may abate fee balances if the administration costs exceed the amount of the fees due. The fees collected under this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the underground storage tank revolving fund established by section 49-1015. The director shall adopt rules to provide for the orderly imposition and collection of the fees imposed by this section.
AZ Rev Stat § 49-1021 (2021)
2021 Arizona Revised Statutes|Title 49 - The Environment|§ 49-1021 - Applicability

49-1021.  Applicability Until rules adopted pursuant to this chapter are in effect,  this chapter shall apply only to the extent described by 40 Code of Federal Regulations section 280.10 and the energy policy act. Rules adopted pursuant to this chapter shall apply only to underground storage tanks not excluded or deferred by the federal regulations in effect on the date on which the rules are adopted.