Arizona Laws 49-172. Applicability
A. Except as provided in subsection B of this section, any person may request the department to review and approve work to be performed or already performed that addresses or has addressed a release of a contaminant to the environment by submitting an application to participate in the voluntary remediation program established by this article.
Terms Used In Arizona Laws 49-172
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contaminant: means any substance that has been released to the environment and that qualifies as any of the following:
(a) A hazardous substance as defined in section 49-201. See Arizona Laws 49-171
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Remediation: means action taken to address a contaminant by reducing the level of the contaminant in the environment or preventing or reducing exposure to the contaminant. See Arizona Laws 49-171
- Site: means the areal extent of contamination. See Arizona Laws 49-171
B. This article shall not apply to any of the following activities:
1. Corrective action at or closure of a facility that has qualified for interim status or to which a permit has been issued pursuant to section 49-922.
2. Corrective action pursuant to section 49-1005, unless the person waives any right to reimbursement of costs from the state assurance fund.
3. Remedial actions required by the terms of any of the following:
(a) A written agreement between the applicant and the director entered into before the date of an application under this article.
(b) A judicial judgment or decree.
(c) An administrative order issued before the date of an application under this article.
4. Remedial actions sought to be required in the complaint in a judicial action filed and served by the state before the date of the application under this article.
5. Remedial actions at a site or portion of a site listed on the registry maintained pursuant to Section 49-287.01, subsection D that address a contaminant of concern at that site, except that the department may accept an application under this article for remediation of a site or a portion of a site for which a preliminary investigation has been commenced or completed pursuant to Section 49-287.01 but that has not been listed on the registry maintained pursuant to Section 49-287.01, subsection D.