Arizona Laws 49-282.03. Interim remedial actions; reimbursement of the fund; rules
A. On the request of any person, the director may take interim remedial actions to address the loss or reduction of available water from a well before the selection of a remedy, including making grants from the water quality assurance revolving fund to provide alternative water supplies, well replacement or water treatment if the director determines that both of the following apply:
Terms Used In Arizona Laws 49-282.03
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
- Fund: means the water quality assurance revolving fund established by section 49-282. See Arizona Laws 49-281
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
- Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment but excludes:
(a) Any release that results in exposure to persons solely within a workplace, with respect to a claim that such persons may assert against the employer of such persons. See Arizona Laws 49-281
- Remedial actions: means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment, such actions as may be necessary to investigate, monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the environment that may otherwise result from a release or threat of release of a hazardous substance. See Arizona Laws 49-281
- Remedy: means a remedial action selected in a record of decision issued pursuant to Section 49-287. See Arizona Laws 49-281
- Site: means the geographical areal extent of contamination. See Arizona Laws 49-281
- Well: means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension. See Arizona Laws 49-201
1. The well currently supplies water for municipal, domestic, industrial, irrigation or agricultural uses or is currently part of a public water system.
2. The well produces water or, in the reasonably foreseeable future, will produce water that is not fit for its current or reasonably foreseeable end use without treatment due to the release of hazardous substances at or from a site on the registry established pursuant to Section 49-287.01, subsection D.
B. The interim remedial action taken by the director pursuant to subsection A of this section shall be the minimum necessary to address the loss or reduction of available water until a remedy is selected. The director, to the extent possible, shall consider potential remedies when selecting the interim remedial action pursuant to subsection A of this section. The interim remedial action shall not include the costs of reimbursement for costs already incurred. The director may choose not to take interim remedial action pursuant to subsection A of this section if the director has sufficient information to reasonably establish that the person requesting the remedial action may be responsible under this article for the release of hazardous substances contaminating the well. Notwithstanding this section, the director shall select remedies pursuant to Section 49-287.04.
C. Notwithstanding subsection A of this section, if the director, in the record of decision, determines that the remedial action taken pursuant to subsection A of this section was not necessary, based on the criteria in Section 49-282.06 and the rules adopted pursuant to that section, or if the person requesting the remedial action pursuant to subsection A of this section is later determined to be responsible under this article for the release of hazardous substances which contaminated or threatened to contaminate the well, that person shall reimburse the water quality assurance revolving fund for the costs incurred in taking the remedial action. The person requesting the interim remedial action shall make arrangements for financial assurance for the obligation to the satisfaction of the director. The attorney general shall file an action for reimbursement of costs pursuant to this section if requested by the director and may file an action on his own initiative.
D. The director shall adopt rules governing when interim remedial action may be taken pursuant to subsection A of this section.