Page 11, between lines 17 and 18, insert:
"Sec. 3. Section 49-1023, Arizona Revised
Statutes, is amended to read:
START_STATUTE49-1023. Delivery prohibition; stop use tag; definitions
A. Beginning
January 1, 2009, A product deliverer shall not deliver, deposit
or place a regulated substance into an underground storage tank that has a stop
use tag from the director affixed to a fill pipe of the underground storage
tank pursuant to subsection B of this section.
B. The director may issue a stop use order to the
owner and operator of the underground storage tank and affix a stop use tag
that is easily visible to the product deliverer on all fill pipes of the
underground storage tank to stop operation of the underground storage tank if both either of the following exist:
1. The director has determined that the underground
storage tank is in violation of section 49-1003 or 49-1009 or the rules adopted
pursuant to those sections, as applicable.
2. and the continued operation of
the underground storage tank may result in a continued release or new release
from the underground storage tank.
2. The
director has determined that the underground storage tank is in violation of
section 49-1006 or the rules adopted pursuant to that section, after providing
the owner and operator with thirty days notice and an opportunity to demonstrate
compliance.
C. A stop use order becomes effective immediately on
issuance and suspends use of the underground storage tank.
D. The owner and operator of an underground storage
tank that has received a stop use tag pursuant to subsection B of this section
shall ensure that no person removes or tampers with the stop use tag until the
requirements for return of the underground storage tank to operation pursuant
to subsection E of this section are met, and shall immediately empty the
underground storage tank and comply with the remaining temporary closure
requirements adopted under section 49-1008.
E. An owner or operator shall not bring an
underground storage tank that has received a stop use tag pursuant to
subsection B of this section back into operation until the owner or operator
has demonstrated to the director that the underground storage tank meets the
requirements of sections 49-1003, 49‑1006
and 49-1009 and the rules adopted pursuant to those sections, as applicable,
and the owner or operator has received written confirmation from the director
that the requirements of sections 49-1003, 49‑1006 and 49-1009 and the rules adopted pursuant
to those sections, as applicable, have been met. The director shall provide
written confirmation as soon as practicable, but not later than five business
days, to the owner or operator that the requirements of sections 49-1003, 49‑1006 and 49-1009 and
the rules adopted pursuant to those sections have been met.
F. Upon issuance of a stop use order, the director
shall notify product deliverers by posting on the department's website the name
and location of a facility with an underground storage tank that has a stop use
tag. The notice shall also specify which underground storage tank at the
facility has a stop use tag.
G. The director shall remove the stop use notice
from the department's website within five business days after determining that
the requirements of subsection E of this section have been met.
H. The director may adopt rules to implement this
section.
I. For the purposes of this section:
1. "Product deliverer" means a person,
including an owner, operator or oil company, or a distributor as defined in
section 28-5601, a supplier as defined in section 28-5601, a petroleum
transportation company and any other entity that delivers, deposits or places a
regulated substance into an underground storage tank.
2. "Stop use tag" means a tag, device or
mechanism that is prescribed by the director, that is designed to be affixed to
a fill pipe of an underground storage tank and that clearly states and conveys
that it is unlawful to deliver, deposit or place a regulated substance into the
underground storage tank to which it is affixed. END_STATUTE
Sec. 4. Repeal
Laws 2004, chapter 273, section 8, as amended by Laws 2013,
chapter 244, section 3, is repealed.
Sec. 5. Laws 2004, chapter 273, section 9, as
amended by Laws 2013, chapter 244, section 4, is amended to read:
Sec. 9. Underground storage tank assurance account; termination of
eligibility
Notwithstanding any other law:
1. From and after June 30, 2006, only releases of a
regulated substance that are reported before July 1, 2006 as provided in
section 49‑1004, Arizona Revised Statutes, are subject to coverage for
corrective action costs from the underground storage tank assurance account except that releases that are reported on or after July 1,
2006 and that are reported at a site that is otherwise in compliance with title
49, Arizona Revised Statutes, and rules enacted under that authority and that
could not have been reported before July 1, 2006 with the exercise of
reasonable diligence are eligible for coverage. If the underground storage
tank assurance account does not have sufficient monies to pay for coverage of
all releases, releases that are reported on or after July 1, 2006 are eligible
for coverage for corrective action costs from the underground storage tank
assurance account in priority after releases of a regulated substance that are
reported before July 1, 2006.
2. An application for reimbursement for or direct
payment of eligible reasonable and necessary costs from the underground storage
tank assurance account shall be filed with the department of environmental
quality no later than 5:00 p.m. on December 31, 2015.
3. An application for preapproval made pursuant to
section 49-1052, subsection I, Arizona Revised Statutes, or section 49-1053, Arizona Revised Statutes, shall be filed
with the department of environmental quality no later than 5:00 p.m. on December
31, 2014.
4. Any application made or expense incurred after December
31, 2015 is not
eligible for coverage from the underground storage tank assurance account and
all such claims are extinguished.
5. The department of environmental quality is not
required to take any action on an application for coverage, reimbursement or
payment from the underground storage tank assurance account or on an
application for preapproval until after
the underground storage tank program study committee submits a report of its
findings and recommendations to the governor, the president of the senate and
the speaker of the house of representatives and only if the underground storage
tank assurance account has sufficient monies to pay claims until a new revised underground storage tank
corrective action program is effective.
6. If the underground storage tank assurance account
does not have sufficient monies to pay all claims by the date of the
termination of the account as otherwise provided by law, any claims unpaid on the
date of termination of the account are extinguished without regard to whether
those claims were eligible for coverage from the account."
Renumber to conform
Page 12, after line 7, insert:
"Sec. 11. Legislative intent; underground storage tank assurance
account
It is the intent of the legislature that the monies in the
underground storage tank assurance account established by section 49‑1015,
Arizona Revised Statutes, be used to fund a new and revised underground storage
tank corrective action program and implement both the new corrective action
program and the existing underground storage tank leak prevention program. The
new program must require the department of environmental quality to use
assurance account monies to conduct a baseline assessment of all existing
underground storage tanks to determine whether they are leaking and to perform
any corrective action necessary in consultation with the owner and
operator. The department of environmental quality shall use
assurance account monies to remove underground storage tanks at the request of
the owner or operator. The new program must include a requirement
that all owners and operators of underground storage tanks who use private
insurance to meet financial responsibility requirements obtain a standard
policy to be developed by the department of environmental quality in
cooperation with the department of insurance and insurance carriers. The new
program also shall provide the department of environmental quality with the
authority to prohibit delivery of fuel to any underground storage tank system
that fails to meet the requirements of the new program and to establish
reasonable deductibles to be paid by owners and operators to defray the costs
for the baseline assessments, corrective actions and tank removals."
Amend title to conform
`
Bill
Number: H.B. 2708