Bill Text: AZ HB2448 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: Underground storage tanks; noncorrective actions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-03-27 - Senate NRE Committee action: do pass amended/strike-everything, voting: (7-0-0-0) [HB2448 Detail]
Download: Arizona-2019-HB2448-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2448 |
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AN ACT
amending sections 49‑1052 and 49-1071, Arizona Revised Statutes; relating to underground storage tanks.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 49-1052, Arizona Revised Statutes, is amended to read:
49-1052. Noncorrective actions; baseline assessment
A. A baseline period of seven years from AFTER January 1, 2016 is established for underground storage tanks. Beginning January 1, 2016, 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 a grant 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 who is certified under title 32, chapter 1 and the rules adopted under that chapter.
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.
Sec. 2. Heading change
The article heading of title 49, chapter 6, article 4, Arizona Revised Statutes, is changed from "GRANTS" to "OWNER NONCORRECTIVE ACTION TANK SITE IMPROVEMENT".
Sec. 3. Section 49-1071, Arizona Revised Statutes, is amended to read:
49-1071. Noncorrective action tank site improvement; purposes; priority
A. Subject to the availability of monies in the underground storage tank revolving fund that are annually allocated by the director for each of the following types of actions, an owner, operator or person that meets the requirements of section 49‑1016, subsection C may request that the department provide monies for that person to conduct one or more of the following actions, up to a maximum of one hundred thousand dollars $200,000 per site:
1. Actions necessary to ensure that the underground storage tank, its piping and its under-dispenser containment comply with standards for new installations prescribed by section 49‑1009 or other applicable federal requirements, including replacement of system components, up to a maximum of one hundred thousand dollars $100,000.
2. Removal of underground storage tanks for purposes of permanent closure or replacement, up to a maximum of twenty thousand dollars $20,000 per tank.
3. Confirmation of a suspected release at a tank or site, up to a maximum of ten thousand dollars $10,000.
4. Obtaining a baseline assessment of a site as prescribed in section 49‑1052, up to a maximum of thirty thousand dollars $30,000.
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.
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 on nearby surface water and groundwater.
5. The degree of exposure.
6. The financial resources of the grant applicant.
C. A request for a grant of monies An application for funding and request for reimbursement under this section shall be on a form provided by the department and shall include:
1. Detailed information about the site, including the type, number and location of tanks.
2. Information about the owner and operator, including the type of financial responsibility.
3. A description of the evidence of any release or suspected release.
4. The proposed actions necessary to meet tank and system performance standards.
D. Monies may not be provided under this section for work that takes place more than one year after the date that monies are approved.
