reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-305 - Financial Test of Self-insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners, operators, or guarantors may
				satisfy the requirements of
				R18-12-303
				by passing a financial test as specified in this Section. To pass the financial
				test of self-insurance, owners, operators, or guarantors shall meet the
				criteria of either subsection (B) or (C) based on year-end financial statements
				for the latest completed fiscal year.
B. In order to pass a financial test of
				self-insurance under this subsection, owners, operators, or guarantors shall
				meet all of the following requirements:
1.
				Have a tangible net worth of at least 10 times all of the following:
a. The total of the applicable aggregate
				amount required by
				R18-12-303,
				based on the number of underground storage tanks for which a financial test of
				self-insurance is used to demonstrate financial responsibility;
b. The sum of the corrective action cost
				estimates, the current closure and post-closure care cost estimates, and amount
				of liability coverage for which a financial test of self-insurance is used to
				demonstrate financial responsibility under
				R18-8-264
				or
				R18-8-265;
c. The sum of current plugging and
				abandonment cost estimates for which a financial test of self-insurance is used
				to demonstrate financial responsibility to EPA under
				40 CFR
				144.63, amended as of October 13, 2015, or to
				a state implementing agency under a state program authorized by EPA under 40
				CFR part 145.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-306 - Guarantee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners and
				operators may satisfy the requirements of
				R18-12-303
				by obtaining a guarantee that conforms to the requirements of this Section. The
				guarantor shall be either one of the following:
1. A firm that meets any one of the following
				descriptions:
a. Possesses a controlling
				interest in the owner or operator,
b. Possesses a controlling interest in a firm
				described under subsection (A)(1)(a),
c. Is controlled through stock ownership by a
				common parent firm that possesses a controlling interest in the owner or
				operator.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-307 - Insurance and Risk Retention Group Coverage

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners and operators may satisfy the
				requirements of
				R18-12-303
				by obtaining liability insurance that conforms to the requirements from a
				qualified insurer or risk retention group. Such insurance may be in the form of
				a separate insurance policy or an endorsement to an existing insurance
				policy.
B. Each insurance policy
				shall be amended by an endorsement worded as specified in
				40 CFR
				280.97(b)(1) amended as of
				October 13, 2015, or evidenced by a certificate of insurance worded as
				specified in
				40 CFR
				280.97(b)(2), amended as of
				October 13, 2015, except that instructions in brackets shall be replaced with
				the relevant information and the brackets deleted. Termination under
				40 CFR
				280.97(b)(1) and (2) as
				referenced in this Section means only those changes that could result in a gap
				in coverage as where the insured has not obtained substitute coverage or has
				obtained substitute coverage with a different retroactive date than the
				retroactive date of the original policy.
C. Each insurance policy shall be issued by
				an insurer or a risk retention group that, at a minimum, is licensed to
				transact the business of insurance or eligible to provide insurance as an
				excess or surplus lines insurer in one or more states.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-308 - Surety Bond

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners and
				operators may satisfy the requirements of
				R18-12-303
				by obtaining a surety bond that conforms to the requirements of this Section.
				The surety company issuing the bond shall be among those listed as acceptable
				sureties on federal bonds in the most recent Circular 570 of the U.S.
				Department of the Treasury.
B. The
				surety bond shall be worded as provided in
				40
				CFR 280.98(b), amended as of
				October 13, 2015, except that instructions in brackets shall be replaced with
				the relevant information and the brackets deleted.
C. Under the terms of the bond, the surety
				shall become liable on the bond obligation when the owner or operator fails to
				perform as guaranteed by the bond. In all cases, the surety's liability is
				limited to the per-occurrence and annual aggregate penal sums.
D. Owners and operators who use a surety bond
				to satisfy the requirements of
				R18-12-303
				shall establish a standby trust fund when the surety bond is acquired. Under
				the terms of the bond, all amounts paid by the surety under the bond shall be
				deposited directly into the standby trust fund in accordance with instructions
				from the Director under
				R18-12-322.
				This standby trust fund shall meet the requirements specified in
				R18-12-313.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-309 - Letter of Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners and
				operators may satisfy the requirements of
				R18-12-303
				by obtaining an irrevocable standby letter of credit that conforms to the
				requirements of this Section. The issuing institution shall be an entity that
				has the authority to issue letters of credit in this state and whose letter of
				credit operations are regulated and examined by a federal or state
				agency.
B. The letter of credit
				shall be worded as provided in
				40 CFR
				280.99(b), amended as of
				October 13, 2015, except that instructions in brackets are to be replaced with
				the relevant information and the brackets deleted.
C. Owners and operators who use a letter of
				credit to satisfy the requirements of R18-12-303 shall also establish a standby
				trust fund when the letter of credit is acquired. Under the terms of the letter
				of credit, all amounts paid pursuant to a draft by the Director shall be
				deposited by the issuing institution directly into the standby trust fund in
				accordance with instructions from the Director under
				R18-12-322.
				This standby trust fund shall meet the requirements specified in
				R18-12-313.
D. The letter of credit shall be irrevocable
				with a term specified by the issuing institution. The letter of credit shall
				provide that credit be automatically renewed for the same term as the original
				term unless, at least 120 days before the current expiration date, the issuing
				institution notifies the owner or operator by certified mail of its decision
				not to renew the letter of credit. Under the terms of the letter of credit, the
				120 days shall begin on the date when the owner or operator receives the
				notice, as evidenced by the return receipt.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-310 - Certificate of Deposit

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners
				and operators may satisfy the corrective action requirements, but not the
				3rd-party compensation requirements, of
				R18-12-303
				by obtaining an irrevocable certificate of deposit and preparing a
				Certification and Agreement that conforms to the requirements of this Section.
				The issuing institution shall meet all of the following:
1. Has the authority to issue certificates of
				deposit in Arizona,
2. Certificate
				of deposit operations are regulated and examined by a federal or state
				agency,
3. Is a member of the
				Federal Deposit Insurance Corporation.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Appendix A - Certification and Agreement - Certificate of Deposit

Current through Register Vol. 30, No. 28, July 12, 2024
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Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-312 - Trust Fund

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners and
				operators may satisfy the requirements of
				R18-12-303
				by establishing a trust fund that conforms to the requirements of this Section.
				The trustee shall be an entity that has the authority to act as a trustee and
				whose trust operations are regulated and examined by a federal agency or an
				agency of the state in which the fund is established.
B. The wording of the trust agreement shall
				be identical to the wording specified in
				40 CFR
				280.103(b)(1), amended as of
				October 13, 2015, and shall be accompanied by a formal certification of
				acknowledgment as specified in
				40 CFR
				280.103(b)(2), amended as of
				October 13, 2015.
C. The trust
				fund, when established, shall be funded for the full required amount of
				coverage, or funded for part of the required amount of coverage and used in
				combination with other mechanisms that provide the remaining required
				coverage.
D. If the value of the
				trust fund is greater than the required amount of coverage, the owner or
				operator may submit a written request to the Director for release of the
				excess.
E. If other financial
				assurance as specified in the Sections
				R18-12-305
				through
				R18-12-311
				and
				R18-12-314
				through
				R18-12-317
				is substituted for all or part of the trust fund, the owner or operator may
				submit a written request to the Director for release of the excess.
F. Within 60 days after receiving a request
				from the owner or operator for release of funds as specified in subsections (D)
				or (E) the Director shall instruct the trustee to release to the owner or
				operator such funds as the Director specifies in writing.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-313 - Standby Trust Fund

Current through Register Vol. 30, No. 28, July 12, 2024
A. Owners and
				operators using any one of the mechanisms authorized by
				R18-12-306,
				R18-12-308, and R18-12-309 shall establish a standby trust fund when the
				mechanism is acquired. The trustee of the standby trust fund shall be an entity
				that has the authority to act as a trustee and whose trust operations are
				regulated and examined by a federal agency or an agency of the state in which
				the fund is established.
B. The
				standby trust agreement shall be worded as provided in
				40 CFR 280.103(b)
				(1) and 40 CFR 280.103(b)(2), amended as of
				October 13, 2015, except that instructions in brackets are to be replaced with
				the relevant information and the brackets deleted.
C. The Director shall instruct the trustee to
				refund the balance of the standby trust fund to the provider of financial
				assurance if the Director determines that no additional corrective action costs
				or 3rd-party liability claims will occur as a result of a release covered by
				the financial assurance mechanism for which the standby trust fund was
				established.
D. Owners and
				operators may establish one standby trust fund as the depository mechanism for
				all funds assured in compliance with this Article.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-316 - Local Government Guarantee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Local government owners and operators may
				satisfy the requirements of
				R18-12-303
				by obtaining a guarantee that conforms to the requirements of this Section. The
				guarantor shall be either the state in which the local government owner or
				operator is located or a local government having a "substantial governmental
				relationship" with the owner or operator and issuing the guarantee as an act
				incident to that relationship. A local government acting as the guarantor shall
				meet the requirements of one of the following:
1. Demonstrate that it meets the bond rating
				test requirements of
				R18-12-314
				and deliver a copy of the chief financial officer's letter as contained in
				R18-12-314(D)
				or
				R18-12-314(E)
				to the local government owner or operator;
2. Demonstrate that it meets the financial
				test requirements of
				R18-12-315
				and deliver a copy of the chief financial officer's letter as contained in
				R18-12-315(C)
				to the local government owner or operator;
3. Demonstrate that it meets the local
				government fund requirements of
				R18-12-317(A)(1),
				R18-12-317(A)(2)
				or R18-12-317(A)(3) and deliver a copy of the chief financial officer's letter
				as contained in
				R18-12-317(B)
				to the local government owner or operator.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-318 - Substitution of Financial Assurance Mechanisms by Owner or Operator

Current through Register Vol. 30, No. 28, July 12, 2024
A. An owner or
				operator may substitute any alternate financial assurance mechanisms as
				specified in
				R18-12-305
				through R18-12-312 and R18-12-314 through R18-12-317, if at all times the owner
				or operator maintains an effective financial assurance mechanism or combination
				of mechanisms that satisfies the requirements of
				R18-12-303.
B. After obtaining alternate financial
				assurance as specified in
				R18-12-305
				through
				R18-12-312
				and R18-12-314 through R18-12-317, an owner or operator may cancel a financial
				assurance mechanism by providing notice to the provider of financial
				assurance.
C. Upon replacement of
				any financial assurance mechanism, the owner or operator shall forward evidence
				of financial responsibility and certification of financial responsibility to
				the Department as required in
				R18-12-301(C).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-319 - Cancellation or Nonrenewal by a Provider of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				otherwise provided, a provider of financial assurance may cancel or fail to
				renew an assurance mechanism by sending a notice of termination by certified
				mail to the owner or operator in accordance with one of the following:
1. Termination of a local government
				guarantee, guarantee, surety bond, or letter of credit shall not occur until
				120 days after the date on which the owner or operator receives the notice of
				termination, as evidenced by the return receipt;
2. Termination of insurance or risk retention
				group coverage, or state-funded assurance, except for non-payment of premium or
				misrepresentation by the insured, shall not occur until 60 days after the date
				on which the owner or operator receives the notice of termination, as evidenced
				by the return receipt. Termination for non-payment of premium or
				misrepresentation by the insured shall not occur until a minimum of 10 days
				after the date on which the owner or operator receives the notice of
				termination, as evidenced by the return receipt.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-320 - Reporting by Owner or Operator

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An owner or operator shall submit documented evidence of financial
				responsibility as described under
				R18-12-301(C)
				to the Director according to the following:
1. Within 30 days after the owner or operator
				identifies a release from an underground storage tank required to be reported
				under A.R.S. § 49-1004 and the rules promulgated thereunder.
2. If the owner or operator fails to obtain
				alternate coverage as required by
				R18-12-319(B),
				within 30 days after the owner or operator receives notice of any one of the
				following:
a. Commencement of a voluntary or
				involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a
				provider of financial assurance as a debtor;
b. Suspension or revocation of the authority
				of a provider of financial assurance to issue a financial assurance
				mechanism;
c. Failure of a
				guarantor to meet the requirements of the financial test;
d. Other incapacity of a provider of
				financial assurance.
3.
				As required by
				R18-12-305(G)
				and
				R18-12-319(B).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-322 - Drawing on Financial Assurance Mechanisms

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as provided in subsection (D), the
				Director shall require the guarantor, surety, or institution issuing a letter
				of credit to place the amount of funds stipulated by the Director, up to the
				limit of funds provided by the financial assurance mechanism, into the standby
				trust if either of the following circumstances exist:
1. Occurrence of both of the following
				circumstances:
a. The owner or operator fails
				to establish alternate financial assurance within 60 days after receiving
				notice of cancellation of the guarantee, surety bond, letter of credit, or, as
				applicable, other financial assurance mechanism; and
b. The Director determines or has reason to
				believe that a release from an underground storage tank covered by the
				financial assurance mechanism has occurred and so notifies the owner or
				operator, or the owner or operator notify the Director pursuant to A.R.S.
				§
											49-1004
				and the rules promulgated thereunder of a release from an underground storage
				tank covered by the financial assurance mechanism.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-323 - Release from Financial Responsibility Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
Owners and operators are no longer required to maintain
				  financial responsibility under this Article for an underground storage tank
				  after the tank has completed permanent closure or change-in-service in
				  accordance with the requirements of A.R.S. §
									49-1008 and
				  the rules promulgated thereunder or, if corrective action is required, after
				  corrective action has been completed and the tank has completed permanent
				  closure or change-in-service under A.R.S §
									49-1008 and
				  the rules promulgated thereunder.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-324 - Bankruptcy or Other Incapacity of Owner, Operator, or Provider of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within
				10 days after commencement of a voluntary or involuntary proceeding under Title
				11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, owners and
				operators shall notify the Director by certified mail of such commencement and
				submit the appropriate forms listed in
				R18-12-301
				documenting current financial responsibility.
B. Within 10 days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				naming a guarantor providing financial assurance as debtor, such guarantor
				shall notify the owner or operator by certified mail of such commencement as
				required under the terms of the guarantee specified in
				R18-12-306.
C. Within 10 days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				naming a local government owner or operator as debtor, the local government
				owner or operator shall notify the Director by certified mail of such
				commencement and submit the appropriate forms listed in
				R18-12-301
				documenting current financial responsibility.
D. Within 10 days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				naming a guarantor providing a local government financial assurance as debtor,
				such guarantor shall notify the local government owner or operator by certified
				mail of such commencement as required under the terms of the guarantee
				specified in
				R18-12-316.
E. An owner or operator who obtains financial
				assurance by a mechanism other than the financial test of self-insurance will
				be deemed to be without the required financial assurance in the event of a
				bankruptcy or incapacity of its provider of financial assurance, or a
				suspension or revocation of the authority of the provider of financial
				assurance to issue a guarantee, insurance policy, risk retention group coverage
				policy, surety bond, letter of credit, or certificate of deposit. The owner or
				operator shall obtain alternate financial assurance as specified in this
				Article within 30 days after receiving notice of such an event. If the owner or
				operator does not obtain alternate coverage within 30 days after such
				notification, the owner or operator shall notify the Director.
F. Within 30 days after receipt of
				notification that a state fund or other state assurance has become incapable of
				paying for assured corrective action costs or 3rd-party liability compensation,
				owners and operators shall obtain alternate financial assurance.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 3 - FINANCIAL RESPONSIBILITY › Section R18-12-325 - Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a standby
				trust is funded upon the instruction of the Director with funds drawn from a
				guarantee, local government guarantee with standby trust, letter of credit, or
				surety bond, and if the amount in the standby trust is reduced below the full
				amount of coverage required, the owner or operator shall by the anniversary
				date of the financial mechanism from which the funds were drawn:
1. Replenish the value of financial assurance
				to equal the full amount of coverage required; or
2. Acquire another financial assurance
				mechanism for the amount by which funds in the standby trust have been
				reduced.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-402 - Duties and Responsibilities of a Supplier; Certain Regulated Substances

Current through Register Vol. 30, No. 28, July 12, 2024
The duties and responsibilities of a supplier with respect to
				  a regulated substance that is refined, manufactured, produced, compounded, or
				  blended in this state, or imported into this state by the supplier, as
				  described by this Article are imposed only to the extent that the regulated
				  substance is also aviation fuel, diesel, or motor vehicle
				  fuel.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-403 - Periodic Payments; Deductions

Current through Register Vol. 30, No. 28, July 12, 2024
A. On or before the 25th day of each month, a
				supplier shall pay to the Director of the Department of Transportation an
				amount equal to one cent for each gallon of regulated substance which is
				refined, manufactured, produced, compounded, or blended in this state or
				imported into this state by the supplier during the preceding month.
B. A supplier may deduct from the payments
				required to be made under subsection (A) either or both of the following
				amounts:
1. An amount equal to the product of
				one cent multiplied by the number of gallons of regulated substance sold or
				delivered to a person to whom an exemption certificate has been issued pursuant
				to
				R18-12-410(C)
				or to whom an exemption certificate number has been assigned pursuant to
				R18-12-410(D)
				during the month for which the supplier is making a payment.
2. An amount equal to the sum of the amounts
				of refunds approved by the Department under
				R18-12-409 and
				submitted to the Department of Transportation during the month for which the
				supplier is making a payment.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-405 - Invoice requirement for suppliers

Current through Register Vol. 30, No. 28, July 12, 2024
Except as otherwise provided in
				  R18-12-410(E),
				  a supplier shall provide the underground storage tank excise tax associated
				  with that sale, stated as a separate item, on the invoice for each sale of a
				  regulated substance:
.
				  .
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-406 - Reports and Returns, Net Gallons Required to be Indicated

Current through Register Vol. 30, No. 28, July 12, 2024
All reports and returns submitted pursuant to this Article
				  shall indicate net gallons in any instance where the number of gallons of
				  regulated substances are required to be reported.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-407 - Payment of Tax; Annual Return

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A taxpayer shall pay the tax as measured by the quantity of regulated
				substances placed in an underground storage tank owned or operated by the
				taxpayer in any calendar year. The tax shall be paid at the rate of one cent
				for each gallon of regulated substance.
B. The tax is due and payable annually on or
				before March 31 for the preceding calendar year. The tax is delinquent if it is
				not postmarked on or before that date or if it is not received by the
				Department on or before March 31 for taxpayers electing to file in
				person.
C. At the time that the tax
				is paid, the taxpayer shall prepare and file with the tax an annual return on a
				form prescribed by the Director. The taxpayer shall provide all of the
				following information:
1. The owner
				identification number of the owner of the tank.
2. The taxpayer's name and address, including
				street number and name, post office box, city, state, county, and zip
				code.
3. The time period covered by
				the return.
4. The total number of
				storage facilities reported on by the return.
5. The types of regulated substances placed
				in underground storage tanks during the calendar year covered by the
				return.
6. The total number of
				gallons of regulated substances, by type and by facility identification number,
				placed in underground storage tanks during the calendar year covered by the
				return.
7. The supplier
				identification number of each supplier from whom the taxpayer received
				regulated substances which were placed in underground storage tanks.
8. The tax due, by type of regulated
				substance.
9. The tax paid, by type
				of regulated substance.
10. Any
				credits or refunds claimed, by type of regulated substance and by exemption
				certificate number.
11. The total
				tax due.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-408 - Statement of tax responsibility

Current through Register Vol. 30, No. 28, July 12, 2024
The tax shall be collected from the owner of an underground
				  storage tank unless the owner and the operator of the underground storage tank
				  file a statement with the Department designating the operator as primarily
				  responsible for the tax.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-409 - Refunds

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person who
				pays the tax but is not liable for the tax under A.R.S. Title 49, Chapter 6 may
				claim a refund of the tax paid.
B.
				A claim for a refund shall be submitted on forms prescribed by the Director. A
				person claiming a refund shall provide the following information:
1. The name, address and telephone number of
				the person claiming the refund.
2.
				The facility name.
3. The facility
				location.
4. The supplier
				identification number.
5. The type
				of regulated substances.
6. The
				number of gallons of regulated substances.
7. The date of the transaction for which the
				refund is claimed or the time period covered if the claim involves more than
				one transaction.
8. The reason
				justifying the payment of a refund.
9. The amount of tax paid and supporting
				documentation for the amount of refund claimed, including an invoice showing
				the tax paid as required by
				R18-12-405.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 4 - UNDERGROUND STORAGE TANK EXCISE TAX › Section R18-12-410 - Exemption certificates

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except
				as otherwise provided in subsection (D), any person who has claimed and has
				been awarded a refund of tax paid may apply for and be issued an exemption
				certificate as provided in this Section.
B. An application for an exemption
				certificate shall be submitted on a form prescribed by the Director. A person
				applying for an exemption certificate shall provide the following information:
1. The name, address, email, tax
				identification number, and telephone number of the person applying for the
				exemption certificate.
2. The
				facility name and the facility location of the storage facility for which the
				exemption certificate is sought, including the county, telephone number, and
				email.
3. The reason justifying the
				issuance of an exemption certificate.
4. A photo of each aboveground storage
				tank.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 5 - FEES › Section R18-12-501 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each owner and
				operator of an underground storage tank who is required by A.R.S. §
									49-1020 to pay
				annually to the Department a fee of $100.00 for each tank shall make the
				required payment on or before March 15 of each year.
B. For any check or other instrument used to
				pay the annual fees described in this Section that is returned to the
				Department as dishonored by the drawer's financial institution, the owner and
				operator of the tank shall pay a charge of $12.00.
C. An owner and operator of an underground
				storage tank may request in writing that the Department approve an alternate
				schedule for paying the fee required by A.R.S. §
									49-1020. The
				Department will approve an alternate schedule if the following conditions are
				met:
1. The owner and the operator request
				and receive approval of the schedule from the Department before March 15 of the
				year for which the schedule is requested.
2. Each partial payment made under the
				schedule shall be equal to at least 25% of the total payment due on March
				15.
3. The first partial payment is
				made on March 15 of the year for which the schedule is requested.
4. The total amount due is paid by September
				15 of the year for which the schedule is requested.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 8 - TANK SERVICE PROVIDER CERTIFICATION › Section R18-12-801 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall
				not perform tank service on an underground storage tank system unless the
				person is certified under this Article by the Department or is supervised by a
				person certified under this Article by the Department in accordance with
				R18-12-802 or
				R18-12-806.
				The certification requirements of this Article shall not apply to the site
				assessment or sampling requirements of this Chapter.
B. A person who performs or supervises tank
				service shall present to the Department proof of certification when requested
				by the Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 8 - TANK SERVICE PROVIDER CERTIFICATION › Section R18-12-803 - Categories of Certification

Current through Register Vol. 30, No. 28, July 12, 2024
The Department may certify a person who performs or
				  supervises tank service in any one or more of the following categories:
1. Installation and retrofit of an
				UST,
2. Tightness testing of an
				UST,
3. Cathodic protection testing
				of an UST,
4. Decommissioning of an
				UST,
5. Interior lining of an
				UST.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 8 - TANK SERVICE PROVIDER CERTIFICATION › Section R18-12-804 - International Code Council Certification; Manufacturer Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A person qualifies for certification by the Department as a
				  tank service provider if the following conditions are met:
1. The person holds certification from ICC
				for the category of certification being sought.
2. If required by the manufacturer, the
				person holds a manufacturer's certification for the use of a piece of equipment
				or methodology in addition to holding the ICC certification for the category of
				certification being sought.
3. The
				person submits evidence of qualification under this Section for the category of
				certification being sought in accordance with
				R18-12-806(B)(3).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 8 - TANK SERVICE PROVIDER CERTIFICATION › Section R18-12-805 - Alternative Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person qualifies for certification by the Department as a tank service provider
				under this Section if the requirements of
				R18-12-804(1)
				cannot be met because an ICC certification is not available for the category of
				certification being sought and all of the following conditions exist:
1. The manufacturer of the technology has a
				process for certification of tank service providers and the person seeking
				qualification under this Section has received the manufacturer's
				certification.
2. The
				manufacturer's certification is based on training or examination that evaluates
				competency specific to the category of tank service;
3. The certification training or examination
				emphasizes the applicable codes of practice found in A.R.S. Title 49, Chapter 6
				and the rules promulgated thereunder;
4. The tank service technology is protective
				of human health and the environment;
5. The person submits evidence of
				qualification under this subsection for the category of certification being
				sought in accordance with
				R18-12-806(B)(3).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 8 - TANK SERVICE PROVIDER CERTIFICATION › Section R18-12-806 - Application; Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Except as provided in
				R18-12-802, a
				person who seeks to supervise or perform any category of tank service under
				R18-12-803
				shall obtain and submit a completed application to the Department on the form
				prescribed by the Department. A person who seeks certification for more than
				one category shall submit a separate application form for each
				category.
B. A completed
				application form shall include all the following information:
1. Name, address (mail and physical),
				telephone number (home and business), aliases, and employer;
2. Name of the category of tank service for
				which certification is sought;
3.
				Proof of qualification as described in R18-12-804 or R18-12-805 for the
				category of tank service for which certification is being sought;
4. A 1 inch by 1 inch color portrait of the
				applicant or alternatively, an emailed photo to
				serviceprovider@azdeq.gov;
5. A
				certification statement that the information submitted pursuant to this
				subsection is true, accurate, and complete.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 8 - TANK SERVICE PROVIDER CERTIFICATION › Section R18-12-807 - Duration; Renewal; Changes

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Certification under this Article shall be issued for two years unless the
				qualifying certification under
				R18-12-804
				or
				R18-12-805
				is valid for a period of time less than two years. Certification expires either
				at the expiration of the qualifying certification under R18-12-804 or one year
				following issuance of certification under
				R18-12-806,
				whichever is later. Certification under
				R18-12-805
				requirements shall be for the period allowed under the technology
				manufacturer's certification or two years, whichever is shorter, but in no
				event for a period of time less than one year.
B. A person seeking renewal of certification
				shall submit to the Department an application form, in accordance with the
				provisions of
				R18-12-806.
C. The tank service provider shall notify the
				Department of any change to the information reported in the application form on
				file with the Department, by submitting a new application form within 30 days
				after the change.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 8 - TANK SERVICE PROVIDER CERTIFICATION › Section R18-12-808 - Discontinuation of Tank Service

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the Department discovers that a supervisor or provider of tank service has
				supervised or performed tank service in Arizona without the Department
				certification required under this Article, or the tank service supervised or
				performed by a certified person is not in compliance with A.R.S. Title 49,
				Chapter 6, and this Chapter, the Department shall immediately notify the person
				performing tank service to stop work and make the area safe by securing the
				tank area to prevent bodily injury and unauthorized access.
B. If the Department stops work pursuant to
				subsection (A), before work can continue, a certified tank service provider
				shall determine if the work already completed complies with the standards set
				forth in A.R.S. Title 49, Chapter 6, and this Chapter and certify the work
				which meets those standards.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 9 - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section R18-12-951 - General Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Implementation of requirements. Owners and operators shall comply with the
				requirements of this Article for UST systems with field-constructed tanks and
				airport hydrant systems as follows:
1. For
				UST systems installed on or before January 1, 2020, the requirements are
				effective according to the following schedule:
Requirement
Effective Date
Upgrading UST systems; general operating
							 requirements; and operator training
March 1, 2020
Release detection
March 1, 2020
Release reporting, response, and investigation;
							 closure; financial responsibility and notification (except as provided in
							 subsection (B) of this Section)
January 1, 2020
2.
				For UST systems installed after January 1, 2020, the requirements apply at
				installation.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS › Article 9 - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section R18-12-952 - Additions, Exceptions, and Alternatives for UST Systems with Field-Constructed Tanks and Airport Hydrant Systems

Current through Register Vol. 30, No. 28, July 12, 2024
A. Exception to piping secondary containment
				requirements. Owners and operators may use single walled piping when installing
				or replacing piping associated with UST systems with field-constructed tanks
				greater than 50,000 gallons and piping associated with airport hydrant
				systems.
B. Piping associated with
				UST systems with field-constructed tanks less than or equal to 50,000 gallons
				not part of an airport hydrant system shall meet the secondary containment
				requirement when installed or replaced. Where the piping to be replaced exceeds
				the percentage in A.R.S. § 49-1009(C), the entire piping run shall be
				secondarily contained.
C. Upgrade
				requirements. Airport hydrant systems and UST systems with field-constructed
				tanks shall meet the following requirements or be permanently closed pursuant
				to
				R18-12-270
				through
				R18-12-274.
1. Corrosion protection. UST system
				components in contact with the ground that routinely contain regulated
				substances shall meet one of the following:
a.
				Except as provided in subsection (A) of this Section, the new UST system
				performance standards for tanks at R18-12-220(A) and for piping at
				R18-12-220(B);
				or
b. Be constructed of metal and
				cathodically protected according to a code of practice developed by a
				nationally recognized association or independent testing laboratory and meets
				the following:
i. Cathodic protection shall
				meet the requirements of
				R18-12-220(A)(2)(ii),
				(iii) and (iv) for tanks, and
				R18-12-220(B)(2)(ii),
				(iii), and (iv) for piping.
ii.
				Tanks greater than 10 years old without cathodic protection shall be assessed
				to ensure the tank is structurally sound and free of corrosion holes prior to
				adding cathodic protection. The assessment shall be by internal inspection or
				another method determined by the Department to adequately assess the tank for
				structural soundness and corrosion holes.
Note to subsection (C)(1): The following codes of practice
				  may be used to comply with this subsection:
(A) NACE International Standard Practice
				SP0285-2011, "Corrosion Control of Underground Storage Tank Systems by Cathodic
				Protection";
(B) NACE International
				Standard Practice SP0169-2013, "Control of External Corrosion on Underground or
				Submerged Metallic Piping Systems";
(C) National Leak Prevention Association
				Standard 631, Chapter C, "Internal Inspection of Steel Tanks for Retrofit of
				Cathodic Protection", 2009 revision; or
(D) American Society for Testing and
				Materials Standard G158-98, "Standard Guide for Three Methods of Assessing
				Buried Steel Tanks".
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 13 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SOLID WASTE MANAGEMENT › Article 1 - RESERVED

Current through Register Vol. 30, No. 28, July 12, 2024
Article 2, consisting
				of Section
				R18-13-201,
				was adopted under an exemption from the provisions of A.R.S. Title 41, Chapter
				6, pursuant to A.R.S. §
									49-701.01(C)(1)
				and (2). Exemption from A.R.S. Title 41,
				Chapter 6 means the Department did not submit notice of proposed rulemaking to
				the Secretary of State for publication in the Arizona Administrative Register;
				the Department did not submit the rules to the Governor's Regulatory Review
				Council for review; and the Department was not required to hold public hearings
				on this Section (Supp. 98-3).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 13 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SOLID WASTE MANAGEMENT › Article 2 - SOLID WASTE DEFINITIONS; EXEMPTIONS › Section R18-13-201 - Land Application of Biosolids Exemption

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Section applies only to biosolids as
				defined in
				R18-9-1001. The land
				application of biosolids, when placed on or applied to the land in full
				conformity with 18 A.A.C. 9, Article 10 and A.R.S. §
									49-761(F),
				and if the site of land application has ceased to receive application of
				biosolids and all applicable site restrictions set by 18 A.A.C. have been
				satisfied, is exempt statewide from the definition of solid waste found at
				A.R.S. §
									49-701.01(A).
				This exemption applies only when the biosolids and the soil to which it has
				been applied remain at the site of the application.
B. This exemption does not alter or set any
				new standard for the soil remediation standards found at 18 A.A.C. 7, Article
				2.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 13 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SOLID WASTE MANAGEMENT › Article 2 - SOLID WASTE DEFINITIONS; EXEMPTIONS › Section R18-13-202 - Coal Slurry Discharges from Pipeline Leaks Exemption

Current through Register Vol. 30, No. 28, July 12, 2024
This Section applies only to coal slurry discharges onto the
				  ground from pipeline leaks. Coal slurry discharges onto the ground from
				  pipeline leaks are exempt statewide from the definition of solid waste
				  prescribed in A.R.S. §
									49-701.01(A)
				   if both of the following conditions are
				  met:
1. The discharge was the result
				of an accidental pipeline leak.
2.
				The thickness of the layer of coal slurry on the ground that resulted from the
				discharge is 3 inches or less.