Arizona Laws 49-1002. Notification requirements; exemptions
A. Except as otherwise provided in this section, each owner of an underground storage tank shall notify the department in writing and shall specify the tank’s age, size, type, location and use.
Terms Used In Arizona Laws 49-1002
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- New piping component: means any underground pipe or combination of pipes that contains and conveys a regulated substance between a tank and a motor fuel dispenser, including any valve, elbow, connector or joint that is added to an underground storage tank on or after January 1, 2009 and that was not originally included or installed as part of the underground storage tank. See Arizona Laws 49-1001
- Operator: means a person in control of, or having responsibility for, the day-to-day operation of an underground storage tank. See Arizona Laws 49-1001
- Out of operation: means having been closed in accordance with all applicable fire codes and other statutory and regulatory requirements for closure in effect on the date that closure was accomplished. See Arizona Laws 49-1001
- Person: means an individual, trust, firm, joint stock company, corporation, joint venture, partnership, association, consortium, state, municipality, interstate body, commission, political subdivision of a state and the United States government. See Arizona Laws 49-1001
- Tank: means a stationary device constructed of wood, concrete, steel, plastic or other nonearthen materials and used to contain regulated substances. See Arizona Laws 49-1001
- Under-dispenser containment: means a secondary containment device that is beneath a motor fuel dispenser, that is connected to the underground storage tank and that is designed to be liquid tight. See Arizona Laws 49-1001
- Underground storage tank: means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent of the total volume of the tank and underground portions of pipes connected to the tank underground. See Arizona Laws 49-1001
- Writing: includes printing. See Arizona Laws 1-215
B. For an underground storage tank that was taken out of operation on or before January 1, 1974, regardless of whether the tank was removed from the ground, the owner is exempt from giving notice.
C. For an underground storage tank that was taken out of operation after January 1, 1974 but before November 8, 1984 and that was removed from the ground, the owner is exempt from giving notice.
D. For an underground storage tank that was taken out of operation after January 1, 1974 but before November 8, 1984 and that was not removed from the ground, the owner shall specify the type and quantity of the substances that were stored in the tank immediately before it was taken out of operation. These requirements are in addition to the requirements for notice prescribed in subsection A of this section.
E. For an underground storage tank that was taken out of operation after November 8, 1984 but before December 22, 1988 the director may require the owner to make reasonable efforts to specify the age, size, location and use of the tank, the type and quantity of the substances that were stored in the tank immediately before it was taken out of operation and the date of its removal from operation.
F. An owner or operator who brings an underground storage tank into operation shall meet the notification requirements of this section at least thirty days before bringing the tank into operation. An owner or operator who brings a new piping component or under-dispenser containment into operation on or after January 1, 2009 shall meet the notification requirements of this section within thirty days after the new piping component or under-dispenser containment is brought into operation.
G. A person who sells a tank for use as an underground storage tank shall notify the purchaser of the notice requirements of subsection F of this section and shall provide to the department documentation of the notice given.
H. The notices required by this section shall be made on forms prescribed by the department.