ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: NREW DPA 10-0-0-0

HB 2127: hazardous substance release; notice; liability

Sponsor: Representative Bliss, LD 1

Caucus & COW

Overview

Establishes notification requirements when a property that has been identified as contaminated by hazardous waste is offered for sale.

History

The Water Quality Assurance Revolving Fund (WQARF) supports ADEQ in the identification, prioritization, assessment and resolution of threats to contaminated soil and groundwater sites. When ADEQ receives notice of a release or potential release of a hazardous substance and certain conditions exist, ADEQ will begin a preliminary investigation into the contamination. If ADEQ determines that additional investigation or action is required, the site becomes eligible for listing on the WQARF Registry (A.R.S. § 49-287.01). The WQARF registry lists sites in Arizona that can pose a risk to the environment or public health due to hazardous substances. These sites are subject to current or planned investigation and cleanup. (ADEQ)

Provisions

1. Requires the owner of a qualifying property to provide written notice to:

a) any prospective buyer if the potential liability of the property could be transferred to that buyer;

b) the Director of the ADEQ; and

c) the State Mine Inspector, if the qualifying property is a mine or abandoned mine. (Sec. 1)

2. Outlines when that notice should occur. (Sec. 1)

3. Defines qualifying property. (Sec. 1)

4. Makes technical and conforming changes. (Sec.1)

Amendments
Committee on Natural Resources, Energy and Water

1. Removes the potential liability of the qualifying property transferring to buyer.

2. Eliminates language regarding name of any buyers and anticipated closing date from being included in the sale contract.

3. Adds language to include any portion of the property in a purchase of qualifying property.

4. Defines prospective buyer in his act.

5. Redefines qualifying property.

6. Defines written notice.

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10. HB 2127

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