reglab/statecodes huggingface dataset:
2023 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.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1005 - Corrective action

49-1005.
Corrective action
A. When a release is discovered the owner and operator of an underground storage tank shall take immediate action to stop the release and to identify and mitigate any fire,  explosion or vapor hazard.
B. The owner or operator of an underground storage tank shall take corrective action in response to the release of regulated substances from the tank,  except to the extent that this responsibility is limited by section 49-1016,  subsection F or section 49-1019,  subsection D. A person may take corrective action pursuant to section 49-1016,  subsection C.
C. Nothing in this section prevents the director from taking or requiring corrective action pursuant to any other provision of law.
D. Corrective actions shall:
1. Assure the protection of public health and welfare and the environment.
2. To the extent practicable,  provide for the control,  management or cleanup of regulated substances so as to allow the maximum beneficial use of the water and soil of this state.
3. Be reasonable,  necessary,  cost-effective and technically feasible.
E. Notwithstanding chapter 2,  article 2 of this title,  the director may approve a corrective action that may result in water quality exceeding water quality standards after completion of the corrective action,  if the director finds that the corrective action meets the requirements of this section. The director's approval pursuant to this section does not affect the classification of an aquifer pursuant to section 49-224. The director shall adopt rules to implement this section. These rules shall include public notice provisions,  criteria for the selection of corrective actions,  including the level and extent of cleanup and the comparison of corrective action alternatives that may include plume remediation alternatives,  monitoring,  source control,  controlled migration,  physical containment and natural attenuation.
F. The director shall prescribe by rule the corrective actions to be taken in the event of a release of a regulated substance from an underground storage tank. Any rules adopted pursuant to this subsection shall be consistent with and no more stringent than federal regulations in effect on the date on which the rules are adopted. The director shall adopt rules to permit a risk-based corrective action alternative. Corrective actions shall include requirements regarding:
1. Initial response measures.
2. Initial abatement measures.
3. A site check.
4. Initial site characterization.
5. Removal of free product.
6. Investigations for soil,  surface water and groundwater cleanups.
7. Responses to contaminated soil,  surface water and groundwater.
G. Corrective actions may include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic,  that are nonopportunistic and that are naturally occurring.
H. Until rules adopted pursuant to subsection F of this section are in effect,  corrective actions shall be accomplished in a manner consistent with and no more stringent than 40 Code of Federal Regulations sections 280.60 through 280.67.
2023 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.
2023 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.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1006.02 - Insurance primacy; requirements; fund access

49-1006.02.
Insurance primacy;  requirements;  fund access
A. For owners or operators that satisfy financial responsibility requirements through insurance,  the following apply:
1. The policy that covers the underground storage tank system at the time the release is discovered shall be primary to eligibility under sections 49-1017 and 49-1054.
2. The owner or operator is not required to exhaust insurance coverage in order to be eligible under sections 49-1017 and 49-1054.
3. Except as provided in subsection C of this section,  eligibility under sections 49-1017 and 49-1054 is contingent on filing a timely insurance claim under the policy and pursuing that claim until a denial is received or,  after assistance from the department as prescribed in section 49-1006.01,  subsection D,  until the department determines that the claim has been constructively denied.
4. An owner or operator that fails to pursue an insurance claim is no longer eligible under sections 49-1017 and 49-1054.
B. An owner or operator that satisfies financial responsibility requirements through insurance and that will not receive payment from its insurance provider until after the expenditure of at least fifty thousand dollars per facility as provided in an insurance policy that is in effect on April 1,  2015 or that satisfies financial responsibility requirements through an alternative financial responsibility mechanism is eligible under sections 49-1017 and 49-1054 after meeting a cost sharing obligation by payment of the first fifty thousand dollars per facility for work that is conducted on or after January 1,  2016. This eligibility is subject to the limits prescribed in section 49-1054,  subsection A and is subject to the preapproval process prescribed in section 49-1051. Except as provided in subsection C of this section,  eligibility pursuant to this subsection for owners or operators that meet financial responsibility requirements through insurance is contingent on providing timely notice of the release to the insurance carrier under the policy and that eligibility ends on the date that the insurer is obligated to provide payment under the policy.
C. An owner or operator that satisfies financial responsibility requirements through insurance and that had a release reported between July 1,  2006 and December 31,  2015,  that requires additional corrective action is eligible under sections 49-1017 and 49-1054 subject to the preapproval process prescribed in section 49-1051 without filing a timely claim against its insurance carrier if the owner or operator was in compliance with financial responsibility requirements at the time of the release. The maximum amount eligible for reimbursement under this subsection is five hundred thousand dollars per facility after meeting a cost sharing obligation by payment of the first fifty thousand dollars per facility for work conducted on or after January 1,  2016 and without any reductions for payments made pursuant to Laws 2015,  chapter 247,  section 25,  as amended by Laws 2018,  chapter 299,  section 2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1013 - Enforcement and penalties

49-1013.
Enforcement and penalties
A. If the director determines that a person is in violation of this chapter or the rules adopted pursuant to this chapter the director may issue an order requiring compliance within a reasonable time. A compliance order becomes final thirty days after the order is served unless within thirty days of service the person named on the order requests a hearing. A hearing shall be conducted pursuant to title 41,  chapter 6,  article 10. A compliance order that is the subject of a hearing as prescribed by this section becomes final and subject to appeal on the decision of the director to uphold the compliance order. Except as provided in section 41-1092.08,  subsection H,  the director's final decision may be appealed by any party to the superior court pursuant to title 12,  chapter 7,  article 6. A person becomes the subject of an enforcement proceeding pursuant to this chapter when a compliance order against that person becomes final.
B. If the director issues a stop use order pursuant to section 49-1023,  the owner or operator may request a hearing within thirty days after the issuance of the stop use order. A hearing shall be conducted pursuant to title 41,  chapter 6,  article 10. Except as provided in section 41-1092.08,  subsection H,  the director's final decision may be appealed by the owner or operator to the superior court pursuant to title 12,  chapter 7,  article 6.
C. If a person fails to comply with a final order under this section within the time specified in the order,  the person is subject to a civil penalty of not to exceed twenty-five thousand dollars for each day of continued noncompliance.
D. An owner who fails to notify or submits false information pursuant to section 49-1002 is subject to a civil penalty of not to exceed ten thousand dollars for each underground storage tank for which notification is not given or false information is submitted.
E. An owner or operator of an underground storage tank who fails to comply with any of the requirements or standards of this chapter or who fails to comply with a stop use order is subject to a civil penalty of not to exceed ten thousand dollars for each underground storage tank for each day of violation.
F. A product deliverer as defined in section 49-1023 who fails to comply with the requirements of section 49-1023,  subsection A is subject to a civil penalty of not to exceed ten thousand dollars for each underground storage tank for each violation.
G. The penalties provided for in this section shall not be cumulated with any penalties sought and obtained by the department or the United States pursuant to title VI of the hazardous and solid waste amendments of 1984 (P.L. 98-616;  98 Stat. 3221).
H. The director may file an action in the superior court to enforce this chapter and to collect penalties for violations of this chapter. The director may seek all appropriate relief including temporary and permanent injunctions.
I. All monies collected under the penalty provisions of this section shall be deposited in the state general fund.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1024 - Report; underground storage tank revolving fund program

49-1024.
Report;  underground storage tank revolving fund program
The department shall compile a report on the underground storage tank revolving fund program on or before December 31,  2017,  and on or before December 31 every three years thereafter. The department shall submit the report to the governor,  the president of the senate and the speaker of the house of representatives and provide a copy of each report to the secretary of state. The department shall post each report on an accessible,  public web page on the department's website. The report shall contain the department's findings and shall include the following information:
1. Underground storage tank revolving fund financial information,  including revenues,  expenditures and current account balances.
2. The amount of any remaining unpaid time-barred claims.
3. A description of the work completed for each program grant component.
4. The amount of reimbursements made annually from the fund.
5. A listing of new releases reported and sites closed,  a listing of liabilities owed to small owners and other owners and projected liabilities for the fund through the termination of the program.
6. A description of any state-led corrective actions,  including the number of new sites,  the number of new releases reported,  the number of sites closed,  the average cost of corrective action and projected liabilities for state-led corrective actions through the termination of the program.
7. The total number of open releases that are cleaned to closure,  the remaining number of open releases,  the number of application or reimbursement denials by the department and the number of preapproval appeals.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1032 - Return and payment of tax; due date

49-1032.
Return and payment of tax;  due date
A. The tax levied under this article is due and payable annually on or before March 31 for the preceding calendar year and is delinquent if not postmarked on or before that date or if not received by the department on or before March 31 for taxpayers electing to file in person.
B. At the time the tax is paid the taxpayer shall prepare and file with the tax a return,  on a form prescribed by the director,  showing the amount of tax for which he is liable for the period covered by the return. The return shall contain either a sworn statement or a certification,  under penalty of perjury,  that the information contained in the return is true,  complete and correct according to the best belief and knowledge of the owner or operator filing the report.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1033 - Extensions; abatement

49-1033.
Extensions;  abatement
A. The director,  for good cause,  may extend the time for making any return required by this article and may grant such reasonable additional time within which to make the return as he deems proper if at least ninety per cent of the tax liability is paid when the extension is requested.
B. The director,  with the approval of the attorney general,  may abate small tax balances if the administration costs exceed the amount of tax due.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1034 - Audits

49-1034.
Audits
The director may require a person who is required to pay the tax under this article to appear,  at reasonable times and on reasonable notice,  at the director's office and produce such records and information as are specified in the notice to determine compliance with this article. The director shall audit the records of a sufficient number of taxpayers under this section to ensure general compliance with this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1035 - Interest; penalty; lien

49-1035.
Interest;  penalty;  lien
A. If the tax,  or any portion of the tax,  is not paid on or before the date prescribed for its payment,  the director shall collect,  as part of the tax,  interest on the unpaid amount at the rate determined pursuant to section 42-1123 from the date prescribed for payment until the full amount is paid.
B. If a taxpayer fails to make and file a return as required under this article on or before the due date as extended by the director,  unless the failure is due to reasonable cause and not due to wilful neglect,  a penalty of five per cent of the tax found to be remaining due shall be added to the tax for each month or fraction of a month elapsing between the due date of the return and the date on which it is filed. The total penalty shall not exceed twenty-five per cent of the tax remaining due. The penalty so added to the tax is due and payable on notice and demand by the director.
C. If any tax,  interest or penalty imposed by this article is not paid when due,  the unpaid amounts are a lien from the date the amounts became due on all real and personal property and rights to property belonging to the taxpayer. The lien may be perfected by recording a notice of lien in the county in which the property is located. The notice shall specify the nature of the tax,  the amount of tax,  interest and penalty due,  the taxable period for which the amounts are due and the name and last known address of the taxpayer who is liable for the amounts.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1052 - Noncorrective actions; baseline assessment

49-1052.
Noncorrective actions;  baseline assessment
A. Beginning January 1,  2016 through January 1,  2033,  during the baseline period,  an owner,  operator or person who meets the requirements of section 49-1016,  subsection C may do the following:
1. Elect to conduct a baseline assessment pursuant to this section.
2. Request monies to cover costs associated with the baseline assessment pursuant to section 49-1071.
3. Request the department to perform the baseline assessment under section 49-1017.02.
B. The department shall establish standards for conducting baseline assessments pursuant to this section. Until the department establishes standards by rule or by guidance documents,  baseline assessment work plans shall be submitted to the department for approval and shall be considered for preapproval on a case-by-case basis,  based on compliance with subsection D of this section.
C. Baseline assessments shall be conducted under the direction of a person who is a professional engineer or a registered geologist who is registered under title 32,  chapter 1 or a remediation specialist.
D. The scope of the baseline assessment shall address likely release areas and shall include a collection of sufficient information to allow for a determination of the current environmental condition of the property. Samples shall be collected in areas where contamination is most likely to have occurred and sample locations shall consider site-specific conditions,  location of potential receptors and preexisting contamination. The baseline assessment must include the registered or certified professional's interpretation regarding confirmation of an unknown release and evaluation of potential risk for the purpose of prioritizing corrective actions.
E. If unknown contamination is identified in the baseline assessment,  all of the following apply:
1. The owner,  operator or person that meets the requirements of section 49-1016,  subsection C shall comply with the reporting requirements pursuant to section 49-1004 and shall initiate corrective actions pursuant to section 49-1005.
2. Unless documentation is provided to the department that demonstrates that the operating underground storage tank is not the source of the release,  the department shall require tightness testing.
3. If continued operation of the underground storage tank may result in a continued release,  the department may initiate delivery prohibition as prescribed in section 49-1023.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1055 - Extent of reimbursement; termination of eligibility

49-1055.
Extent of reimbursement;  termination of eligibility
A. From and after December 31,  2032,  only those releases of a regulated substance that are reported before January 1,  2033 as prescribed in section 49-1004 are eligible for corrective action cost reimbursements from the underground storage tank revolving fund.
B. An application for reimbursement of eligible costs from the underground storage tank revolving fund shall be filed with the department not later than 5:00 p.m. on December 31,  2040.
C. An application for preapproval made pursuant to section 49-1051 shall be filed with the department not later than 5:00 p.m. on December 31,  2039.
D. Any application made or expense incurred after December 31,  2040 is not eligible for reimbursement from the underground storage tank revolving fund and all such claims are extinguished.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1056 - Lien rights; unrecovered corrective action costs

49-1056.
Lien rights;  unrecovered corrective action costs
A. If the department or this state incurs unrecovered corrective action costs from a corrective action undertaken on behalf of a person other than the underground storage tank owner or operator,  the department has a lien on the property for the unrecovered corrective action costs.
B. Notwithstanding subsection A of this section,  the department may forgo a lien on the property when the director orders corrective actions that are necessary to protect human health,  safety or the environment pursuant to section 49-1017.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1057 - Intergovernmental agreements

49-1057.
Intergovernmental agreements
The department may enter into intergovernmental agreements with Indian tribes pursuant to title 11,  chapter 7,  article 3 to extend to the tribes the partial coverage provided by this article and the responsibilities imposed by articles 1 and 2 of this chapter.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1081 - Definitions

49-1081.
Definitions
In this article,  unless the context otherwise requires:
1. " Attended facility"  means an underground storage tank facility at which it is the usual and customary practice for the owner or operator,  or any employee of the owner or operator,  to be present on site during normal hours of operation.
2. " Class A individual"  means a person designated by the owner or operator as having primary management responsibility or decision-making authority for the operation,  maintenance and record keeping of an underground storage tank facility. The person may or may not be the owner or operator.
3. " Class B individual"  means a person designated by the owner or operator as having daily responsibility for the operation,  maintenance and record keeping of an underground storage tank facility. The person may or may not be the owner or operator.
4. " Class C individual"  means a person designated by the owner or operator as having daily responsibility for an initial response to an alarm or other indication of an emergency caused by a release or suspected release from an underground storage tank. The person may or may not be the owner or operator.
5. " Supervision"  means the immediate,  on-site control and direction by a person certified by the department in accordance with section 49-1082 and the rules adopted pursuant to section 49-1082 of a person who is performing tank service and who is not certified in accordance with section 49-1082 and the rules adopted pursuant to section 49-1082.
6. " Tank service"  means installation,  retrofitting,  tank tightness testing,  closure,  cathodic protection or interior tank lining of an underground storage tank or a part of an underground storage tank.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1082 - Certification of underground storage tank service providers; rules; suspension or revocation of certification

49-1082.
Certification of underground storage tank service providers;  rules;  suspension or revocation of certification
A. Beginning from and after December 31,  1996,  a person shall not perform tank services on an underground storage tank system unless the person is certified in accordance with this section and the rules adopted pursuant to this section,  or is supervised by a person certified in accordance with this section and the rules adopted pursuant to this section.
B. The department shall not certify a person as a tank service provider until that person completes the requirements of this section and the rules adopted pursuant to this section. In accordance with subsection D,  the supervisor is responsible for all persons performing work under the direction of the supervisor and any violations of this section or rules adopted pursuant to this section are attributable to the supervisor.
C. By January 1,  1997,  the department shall adopt rules for the establishment and maintenance of an underground storage tank service provider certification program. The certification program shall include the submittal and verification of information that the director determines is necessary to ensure that the tank service provider possesses and maintains the essential knowledge,  skills and work history to perform the service effectively and in a manner that protects human health and the environment. The department may establish separate certification methods for each area of tank service as it is defined,  and may define the duration of the certification period,  which shall be at least one year.
D. The department,  on reasonable evidence,  may suspend or revoke the certification of any person who fails to maintain the standards established pursuant to this section or who exhibits incompetence,  negligence or fraud in performing the certified activity or in other work relating to the certified activity. A person whose certification is revoked or suspended pursuant to this subsection may appeal the decision pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1101 - Definitions

49-1101.
Definitions
In this article,  unless the context otherwise requires:
1. " Fully shielded"  means that fixtures are shielded in such a manner that light rays emitted by the fixture,  either directly from the lamp or indirectly from the fixture,  are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
2. " Outdoor light fixture"  means outdoor artificial illuminating devices,  lamps and other devices,  permanent or portable,  used for illumination or advertisement. Such devices shall include,  but are not limited to,  search,  spot or flood lights for buildings and structures,  recreational areas,  parking lot lighting,  landscape lighting,  billboards and other signage and street lighting.
3. " Partially shielded"  means that fixtures are shielded in such a manner that the bottom edge of the shield is below the plane of the center line of the lamp reducing light above the horizontal.