49-287.05. Notice of liability allocation; eligibility A. After signing the record of decision, if the director determines that cost recovery may be appropriate, the director shall notify each person that has been determined to be liable under this article of the following: 1. The boundaries of the site or portion of the site that is […]
49-287.06. Allocation hearing A. Ninety days after the issuance of notice pursuant to section 49-287.05, subsection A, the director shall issue a notice to each person who has not settled its liability with the department of the start of an allocation proceeding. The director shall propose the names of at least three allocators taken from […]
49-287.07. Actions for allocation and recovery of remedial action costs; limitation of actions A. The following actions shall be brought pursuant to this section: 1. An action by the director or any person with a claim for recovery of remedial action costs to challenge a determination of liability or proportionate share in an allocator’s report […]
49-288. Information gathering and access; enforcement; retaliatory action; civil penalties A. The director may take an action authorized under subsection B or C of this section to determine the need for, to select or to undertake any remedial action pursuant to this article, to investigate and allocate the liability of any person under this article […]
49-289. Fund financed remedial action; definition A. The director shall assure that remedial actions taken pursuant to this article are pursued and completed as expeditiously as possible, consistent with the criteria in section 49-282.06 and the rules adopted pursuant to that section. A remedial action shall not be financed in whole or in part from […]
49-289.01. Site boundary adjustment petitions A. A person who owns property within a site may petition the director to adjust the boundaries to exclude the person’s property from the site boundaries. The geographic area covered by the boundary adjustment petition shall be described by legal description. B. The director shall review the petition based on […]
49-289.02. Community information; public notice and comment A. The director shall establish a preliminary community involvement area for each site on the registry established pursuant to section 49-287.01, subsection D, within ninety days after the site is entered into the registry. B. The director shall provide written notice by mail or other delivery to residents, […]
49-289.03. Community involvement plan; community advisory boards; rules A. The public shall receive notice and be provided an opportunity to comment to the director regarding the following actions taken by the director: 1. The placement of a site on the registry as provided in section 49-287.01. 2. The selection of a remedy as provided in […]
49-290. Exemption from permit requirements; definition A. Notwithstanding any other statute, a person who performs a remedial action or a portion of a remedial action that has been approved by the department if that action or portion is conducted in compliance with this article is not subject to any requirement to obtain any permit or […]
49-290.01. Applicability of requirements; Arizona department of water resources A. Notwithstanding section 49-290, any person conducting a remedial action shall obtain and comply with applicable permits, approvals or other authorizations required by the department of water resources. On consultation with the director of environmental quality, the director of water resources may waive its applicable permits, […]
49-290.02. Applicability of Arizona department of water resources requirements; metal mining facilities A. A metal mining facility conducting mitigation activities pursuant to an order issued by the director of environmental quality pursuant to section 49-286 shall obtain and comply with applicable permits, approvals or other authorizations required by the department of water resources. On consultation […]
49-292. Settlement; authority and effect A. The director shall consider any offer of settlement by a person who is potentially liable for remedial action costs under this article and CERCLA. The director shall consider the factors in section 49-282.06 and section 49-285, subsections E and F in determining whether to settle any person’s liability. In […]
49-292.01. Qualified business settlements; definition A. The director shall enter into a settlement under this article and section 107 of CERCLA with a person that qualifies pursuant to this section without regard to the extent of its liability except for a person whose liability under this article arose from criminal acts. B. An applicant seeking […]
49-292.02. Financial hardship settlement A. The director shall consider any offer by a person who may be potentially liable for remedial action costs under this article or section 107(a) of CERCLA without regard to the extent of that person’s liability. In order to obtain a settlement under this section, a person must demonstrate a financial […]
49-294. Use of monies obtained through consent decrees or litigation A. All monies obtained by the director as the result of a settlement entered into pursuant to this article or through filing an action in state or federal court under this article or under CERCLA shall be deposited, pursuant to sections 35-146 and 35-147. Monies […]
49-295. Environmental liens A. In addition to other rights or remedies available to this state, and in order to protect the state’s interest in recovering monies expended by the state for remedial action, all remedial action costs for which a person is liable to the state for the remedial actions conducted at that facility by […]
49-296. Settlement agreements A settlement agreement made pursuant to this article may provide that the director shall reimburse a party to the agreement from the fund for the costs of specific remedial actions that the party has agreed to perform. In appropriate cases, the director may make reasonable efforts pursuant to this article to recover […]
49-298. Appealable agency actions; licenses A. Nothing in this article is an appealable agency action as defined in section 41-1092 or a contested case as defined in section 41-1001 except for the following: 1. A determination by the director that a person does not qualify for a settlement pursuant to section 49-292.01 or 49-292.02. 2. […]
