Title 18. Environmental quality




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Arizona Administrative Code Title 18, Ch. 12

Department of Environmental Quality - Underground Storage Tanks

TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 12. DEPARTMENT OF ENVIRONMENTAL QUALITY

UNDERGROUND STORAGE TANKS

Editor’s Note: The Office of the Secretary of State publishes all Code Chapters on white paper (Supp. 02-3).

Editor’s Note: Several Sections of Chapter 12 were adopted and amended under an exemption from the provisions of the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to A.R.S. § 49-1014, and §§ 49-1052 (B) and (O). Exemption from A.R.S. Title 41, Chapter 6 means the Department was not required to submit these Sections to the Governor’s Regulatory Review Council for review. Because these rules are exempt from the regular rulemaking process, Title 18, Chapter 12 is printed on blue paper.

ARTICLE 1. DEFINITIONS; APPLICABILITY

Article 1, consisting of Sections R18-12-101 through R18-12-103, adopted effective September 21, 1992 (Supp. 92-3).

Section

R18-12-101. Definitions

R18-12-102. Applicability

R18-12-103. Repealed

ARTICLE 2. TECHNICAL REQUIREMENTS

Article 2, consisting of Sections R18-12-210 and R18-12-211, R18-12-220 through R18-12-222, R18-12-230 through R18-12-234, R18-12-240 through R18-12-245, R18-12-270 through R18-12-274, and R18-12-280 and R18-12-281, adopted effective July 30, 1996 (Supp. 96-3).

Section

R18-12-201. Reserved

R18-12-202. Reserved

R18-12-203. Reserved

R18-12-204. Reserved

R18-12-205. Reserved

R18-12-206. Reserved

R18-12-207. Reserved

R18-12-208. Reserved

R18-12-209. Reserved

R18-12-210. Applicability

R18-12-211. Prohibition for Certain UST Systems

R18-12-212. Reserved

R18-12-213. Reserved

R18-12-214. Reserved

R18-12-215. Reserved

R18-12-216. Reserved

R18-12-217. Reserved

R18-12-218. Reserved

R18-12-219. Reserved

R18-12-220. Performance Standards for New UST Systems

R18-12-221. Upgrading of Existing UST Systems

R18-12-222. Notification Requirements

R18-12-223. Reserved

R18-12-224. Reserved

R18-12-225. Reserved

R18-12-226. Reserved

R18-12-227. Reserved

R18-12-228. Reserved

R18-12-229. Reserved

R18-12-230. Spill and Overfill Control

R18-12-231. Operation and Maintenance of Corrosion Protection

R18-12-232. Compatibility

R18-12-233. Repairs Allowed

R18-12-234. Reporting and Recordkeeping

R18-12-235. Reserved

R18-12-236. Reserved

R18-12-237. Reserved

R18-12-238. Reserved

R18-12-239. Reserved

R18-12-240. General Release Detection Requirements for all UST Systems

R18-12-241. Release Detection for Petroleum UST Systems

R18-12-242. Release Detection for Hazardous Substance UST Systems

R18-12-243. Methods of Release Detection for Tanks

R18-12-244. Methods of Release Detection for Piping

R18-12-245. Release Detection Recordkeeping

R18-12-246. Reserved

R18-12-247. Reserved

R18-12-248. Reserved

R18-12-249. Reserved

R18-12-250. Applicability and Scope

R18-12-251. Suspected Release

R18-12-252. Reserved

R18-12-253. Reserved

R18-12-254. Reserved

R18-12-255. Reserved

R18-12-256. Reserved

R18-12-257. Reserved

R18-12-258. Reserved

R18-12-259. Reserved

R18-12-260. Release Notification, and Reporting

R18-12-261. Initial Response, Abatement, and Site Characterization

R18-12-261.01. LUST Site Classification

R18-12-261.02. Free Product

R18-12-262. LUST Site Investigation

R18-12-263. Remedial Response

R18-12-263.01. Risk-based Corrective Action Standards

R18-12-263.02. Corrective Action Plan

R18-12-263.03. LUST Case Closure

R18-12-263.04. Groundwater LUST Case Closures

R18-12-264. General Reporting Requirements

R18-12-264.01. Public Participation

R18-12-265. Reserved

R18-12-266. Reserved

R18-12-267. Reserved

R18-12-268. Reserved

R18-12-269. Reserved

R18-12-270. Temporary Closure

R18-12-271. Permanent Closure and Change-in-service

R18-12-272. Assessing the UST Site at Closure or Change-in-service

R18-12-273. Application of Closure Requirements to Previously Closed Systems

R18-12-274. Release Reporting and Corrective Action for Closed Systems

R18-12-275. Reserved

R18-12-276. Reserved

R18-12-277. Reserved

R18-12-278. Reserved

R18-12-279. Reserved

R18-12-280. Sampling Requirements

R18-12-281. UST System Codes of Practice and Performance Standards

ARTICLE 3. FINANCIAL RESPONSIBILITY

Article 3, consisting of Sections R18-12-322 through R18-12-325, adopted effective July 30, 1996 (Supp. 96-3).

Article 3, consisting of Sections R18-12-301 through R18-12-321, adopted effective September 21, 1992 (Supp. 92-3).

Section

R18-12-300. Financial Responsibility; Applicability

R18-12-301. Financial Responsibility; Compliance Dates; Allowable Mechanisms; Evidence

R18-12-302. Reserved

R18-12-303. Amount and Scope of Required Financial Responsibility

R18-12-304. Reserved

R18-12-305. Financial Test of Self-insurance

R18-12-306. Guarantee

R18-12-307. Insurance and Risk Retention Group Coverage

R18-12-308. Surety Bond

R18-12-309. Letter of Credit

R18-12-310. Certificate of Deposit

Appendix A. Certification and Agreement - Certificate of Deposit

R18-12-311. State Fund or Other State Assurance

R18-12-312. Trust Fund

R18-12-313. Standby Trust Fund

R18-12-314. Local Government Bond Rating Test

R18-12-315. Local Government Financial Test

R18-12-316. Local Government Guarantee

R18-12-317. Local Government Fund

R18-12-318. Substitution of Financial Assurance Mechanisms by Owner and Operator

R18-12-319. Cancellation or Nonrenewal by a Provider of Financial Assurance

R18-12-320. Reporting by Owner and Operator

R18-12-321. Repealed

R18-12-322. Drawing on Financial Assurance Mechanisms

R18-12-323. Release from Financial Responsibility Requirements

R18-12-324. Bankruptcy or Other Incapacity of Owner, Operator, or Provider of Financial Assurance

R18-12-325. Replenishment of Guarantees, Letters of Credit, or Surety Bonds

ARTICLE 4. UNDERGROUND STORAGE TANK EXCISE TAX

Authority: A.R.S. § 49-1031(H) and (I)

Article 4, consisting of Sections R18-12-401 through R18-12-410, adopted as permanent rules effective December 26, 1991.

Article 4, consisting of Sections R18-12-401 through R18-12-410, readopted as temporary rules effective June 20, 1991, pursuant to A.R.S. 49-1031(H) and (I), effective for 180 days. By law, these rules are included in the Arizona Administrative Code.

Article 4, consisting of Sections R18-12-401 through R18-12-410, readopted as temporary rules effective December 28, 1990, pursuant to A.R.S. 49-1031(H) and (I), effective for 180 days. By law, these rules are included in the Arizona Administrative Code.

Article 4, consisting of Sections R18-12-401 through R18-12-410, adopted as temporary rules effective July 3, 1990, pursuant to A.R.S. 49-1031(H) and (I), effective for 180 days. By law, these rules are included in the Arizona Administrative Code.

Section

R18-12-401. Repealed

R18-12-402. Duties and responsibilities of a supplier; certain regulated substances

R18-12-403. Periodic payments; deductions

R18-12-404. Reporting requirements for suppliers

R18-12-405. Invoice requirements for suppliers

R18-12-406. Reports and returns, net gallons required to be indicated

R18-12-407. Payment of tax; annual return

R18-12-408. Affidavit of tax responsibility

R18-12-409. Refunds

R18-12-410. Exemption certificates

ARTICLE 5. FEES

Section

R18-12-501. Fees

ARTICLE 6. UNDERGROUND STORAGE TANK ASSURANCE ACCOUNT

Article 6, consisting of Sections R18-12-605.01 and R18-12-607.01, adopted as exempt rules effective August 15, 1996, pursuant to A.R.S. § 49-1014, and 49-1052(B) and (O) (Supp. 96-3).

Section

R18-12-601. Eligibility

R18-12-602. Applicability

R18-12-603. General Application and Direct Payment Request Requirements

R18-12-604. Reimbursement Application Process

R18-12-605. Preapproval Application Process

R18-12-605.01 Repealed

R18-12-606. Direct Payment Request Process

R18-12-607. Schedule of Corrective Action Costs

R18-12-607.01 Repealed

R18-12-608. Scope and Standard of Review

Appendix A. Repealed

R18-12-609. Copayments: Applicability, Waivers, and Credits

R18-12-610. Interim Determinations, Informal Appeals, and Requests for Information

R18-12-611. Final Determinations and Formal Appeals

R18-12-612. Priority of Assurance Account Payments

R18-12-613. Determining Financial Need Priority Ranking Points

R18-12-614. Financial Documents for Determining Financial Need Priority Ranking Points

R18-12-615. Risk Priority Ranking Points

ARTICLE 7. UNDERGROUND STORAGE TANK GRANT PROGRAM

Article 7, consisting of Section R18-12-707, amended as an exempt rule effective August 15, 1996, pursuant to A.R.S. § 49-1014, and 49-1052(B) and (O) (Supp. 96-3).

Article 7, consisting of Sections R18-12-701 through R18-12-714, adopted effective May 23, 1996 (Supp. 96-2).

Section

R18-12-701. Allocation of Grant Account Funds

R18-12-702. Eligible Projects

R18-12-703. Amount of Grant Per Applicant or Facility

R18-12-704. Grant Application Submission Period

R18-12-705. Grant Application Process

R18-12-706. Grant Application Contents

R18-12-707. Work Plan

R18-12-708. Business Plan

R18-12-709. Review of Application

R18-12-710. Feasibility Determination

R18-12-711. Criteria for Determining Priority Ranking Points for Applicants Other Than Local Governments

R18-12-712. Criteria for Determining Priority Ranking Points for Applicants That Are Local Governments

R18-12-713. Determination of Grants to Be Issued

R18-12-714. Grant Issuance: Notification; Payment

ARTICLE 8. TANK SERVICE PROVIDER
CERTIFICATION


Article 8, consisting of Sections R18-12-801 through R18-12-809, adopted effective December 6, 1996 (Supp. 96-4).

Section

R18-12-801. Applicability; Presentation of Certification

R18-12-802. Transition

R18-12-803. Categories of Certification

R18-12-804. International Fire Code Institute Certification; Additional Certification

R18-12-805. Alternative Certification

R18-12-806. Application; Certification

R18-12-807. Duration; Renewal; Changes

R18-12-808. Discontinuation of Tank Service

R18-12-809. Suspension; Revocation

ARTICLE 9. REGULATED SUBSTANCE FUND

Article 9, consisting of Sections R18-12-901 through R18-12-903, made by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4).

Section

R18-12-901. Regulated Substance Fund

R18-12-902. Monitored Natural Attenuation (MNA) Account

R18-12-903. Monitored Natural Attenuation (MNA) Program

ARTICLE 1. DEFINITIONS; APPLICABILITY

R18-12-101. Definitions

In addition to the definitions prescribed in A.R.S. §§ 49-1001 and 49-1001.01, the terms used in this Chapter have the following meanings:

“Accidental release” means, with respect to Article 3 only, any release of petroleum from an UST system that is neither expected nor intended by the UST system owner or operator, that results in a need for one or more of the following:

Corrective action,

Compensation for bodily injury, or

Compensation for property damage.

“Ancillary equipment” means any device used to distribute, dispense, meter, monitor, or control the flow of regulated substances to and from an UST system.

“Annual” means, with respect to R18-12-240 through R18-12-245 only, a calendar period of 12 consecutive months.

“Applicant,” for purposes of Article 7 only, means an owner or operator who applies for a grant from the UST grant account.

“Application,” for purposes of Article 6 only, means a written claim for reimbursement or preapproval from the assurance account on a form provided by the Department.

“Assets” means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

“Aviation fuel,” for the purpose of Article 4 only, has the definition at A.R.S. § 28-101.

“Bodily injury” means injury to the body, sickness, or disease sustained by any person, including death resulting from any of these at any time.

“CAP” means corrective action plan.

“Cathodic protection” means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.

“Cathodic protection tester” means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such a person shall have education and experience in soil receptivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

“CERCLA” means the federal Comprehensive Environmental Response, Compensation, and Liability Act as defined in A.R.S. § 49-201.

“CFR” means the Code of Federal Regulations, with standard references in this Chapter by Title and Part, so that “40 CFR 280” means Title 40 of the Code of Federal Regulations, Part 280.

“Change-in-service” means changing the use of an UST system from the storage of a regulated substance to the storage of a non-regulated substance.

“Chemical of concern” means any regulated substance detected in contamination from the LUST site that is evaluated for potential impacts to public health and the environment.

“Chief financial officer” means, with respect to local government owners and operators, the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the local government.

“Clean Water Act” has the definition at A.R.S. § 49-201.

“Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another under conditions likely to be encountered in the UST during the operational life of the UST system.

“Conceptual site model” means a description of the complete current and potential exposure pathways, based on existing and reasonably anticipated future use.

“Connected piping” means all underground piping including valves, elbows, joints, flanges, and flexible connectors that are attached to a tank system and through which regulated substances flow. For the purpose of determining how much piping is connected to an individual UST system, the piping that joins multiple tanks shall be divided equally between the tanks.

“Consultant” means a person who performs environmental services in an advisory, investigative, or remedial capacity.

“Contamination” means the analytically determined existence of a regulated substance within environmental media outside the confines of an UST system, that originated from the UST system.

“Contractor” means a person who is required to obtain and hold a valid license from the Arizona Registrar of Contractors which permits bidding and performance of removal, excavation, repair, or construction services associated with an UST system.

“Controlling interest” means direct ownership of at least 50 percent of a firm, through voting stock, or otherwise.

“Copayment” means the percentage of Department-approved costs of eligible activities that are not paid by the Department from the assurance account under §§ 491052(I) or 491054(A).

“Corrective action rules” means, for purposes of Article 6 only, R18-12-250 through R18-12-264.01.

“Corrective action service provider” means a person acting as a licensed contractor or consultant that performs services to fulfill the statutory requirements of A.R.S. § 491005 and the corrective action rules.

“Corrective action services” means any service that is provided to fulfill the statutory requirements of A.R.S. § 49-1005 and the rules made under § 49-1005.

“Corrective action standard” means the concentration of the chemical of concern in the medium of concern that is protective of public health and welfare and the environment based on either pre-established non-site-specific assumptions or site-specific data, including any applied environmental use restriction.

“Corrosion expert” means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

“Cost work sheet” means a form provided by the Department that includes all claimed or proposed tasks and increments to those tasks and associated costs in accordance with the schedule of corrective action costs for any of the following:

A phase of corrective action for a specified time period,

A tank or UST closure or tank upgrade, or

The preparation of an application or direct payment request.

“Current assets” means assets which can be converted to cash within one year and are available to finance current operations or to pay current liabilities.

“Current liabilities” means those liabilities which are payable within one year.

“Decommissioning” means, with respect to Article 8 only, activities described in R18-12-271(C)(1) through R18-12-271(C)(4).

“De minimis” means that quantity of regulated substance which is described by one of the following:

When mixed with another regulated substance, is of such low concentration that the toxicity, detectability, or corrective action requirements of the mixture are the same as for the host substance.

When mixed with a non-regulated substance, is of such low concentration that a release of the mixture does not pose a threat to public health or the environment greater than that of the host substance.

“Department” means the Arizona Department of Environmental Quality.

“Derived waste” means any excavated soil, soil cuttings, and other soil waste; fluids from well drilling, aquifer testing, well purging, sampling, and other fluid wastes; or disposable decontamination, sampling, or personal protection equipment generated as a result of release confirmation, LUST site investigation, or other corrective action activities.

“Dielectric material” means a material that does not conduct electrical current and that is used to electrically isolate UST systems or UST system parts from surrounding soils or portions of UST systems from each other.

“Diesel” means, with respect to Article 4 only, a liquid petroleum product that meets the specifications in American Society for Testing and Materials Standard D-975-94, “Standard Specification for Diesel Fuel Oils” amended April 15, 1994 (and no future amendments or editions), which is incorporated by reference and on file with the Department and the Office of the Secretary of State.

“Director” means the Director of the Arizona Department of Environmental Quality.

“Direct payment” means a payment from the assurance account for approved corrective actions associated with a Department-approved preapproval work plan.

“Direct payment request” means a claim for direct payment on a form provided by the Department.

“Electrical equipment” means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

“Eligible activities” means those activities described in R18-12-601(B).

“Eligible person” means, with respect to Article 6 only, an owner, operator, volunteer, or a political subdivision taking corrective action under A.R.S. § 491052(H).

“Emergency power generator” means a power generator which is used only when the primary source of power is interrupted. The interruption of the primary source of power shall not be due to any action or failure to take any action by the owner or operator of either the emergency generator or of the UST system which stores fuel for the emergency generator.

“Engineering Control” for soil, surface water and groundwater contamination has the definition at R18-7-201.

“Excavation zone” means the volume that contains or contained the tank system and backfill material and is bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

“Excess lifetime cancer risk level” for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

“Existing tank system” means a tank system used to contain an accumulation of regulated substances on or before December 22, 1988, or for which installation has commenced on or before December 22, 1988.

“Exposure” for soil, surface water, and groundwater contamination, has the meaning defined in R18-7-201.

“Exposure assessment” means the qualitative or quantitative determination or estimation of the magnitude, frequency, duration, and route of exposure or potential for exposure of a receptor to chemicals of concern from a release.

“Exposure pathway” for soil, surface water, and groundwater contamination, has the meaning defined in R18-7-201.

“Exposure route” for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

“Facility” means a single parcel of property and any contiguous or adjacent property on which one or more UST systems are located.

“Facility identification number” means the unique number assigned to a facility by the Department either after the initial notification requirements of A.R.S. § 49-1002 are satisfied, or after a refund claim is submitted and approved under R18-12-409.

“Facility location,” for the purpose of Article 4 only, means the street address or a description of the location of a storage facility.

“Facility name” means the business or operational name associated with a storage facility.

“Farm tank” means a tank system located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank shall be located on the farm property. The term “farm” includes fish hatcheries, rangeland, and nurseries with growing operations.

“Financial reporting year” means the latest consecutive 12-month period, either fiscal or calendar, for which financial statements used to support the financial test of self-insurance under R18-12-305 are prepared, including the following, if applicable:

A 10-K report submitted to the Securities and Exchange Commission.

An annual report of tangible net worth submitted to Dun and Bradstreet.

Annual reports submitted to the Energy Information Administration or the Rural Electrification Administration.

“Firm” means any for-profit entity, nonprofit or not-for-profit entity, or local government. An individual doing business as a sole proprietor is a firm for purposes of this Chapter.

“Flowthrough process tank” means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. The term “flowthrough process tank” does not include a tank used for the storage of materials prior to their introduction into the production process or for the storage of finished products or byproducts from the production process.

“Free product” means a mobile regulated substance that is present as a nonaqueous phase liquid (e.g. liquid not dissolved in water).

“Gathering lines” means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

“Grant request” means the total amount requested on the application for a grant from the UST grant account, plus any cost to the Department for conducting a feasibility determination under R18-12-710, in conjunction with the application

“Groundwater” means water in an aquifer as defined at A.R.S. § 49-201.

“Hazard Index” for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

“Hazard quotient” for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

“Hazardous substance UST system” means an UST system that contains a hazardous substance as defined in A.R.S. § 49-1001(14)(b) or any mixture of such substance and petroleum, which is not a petroleum UST system.

“Heating oil” means petroleum that is No. 1, No. 2, No. 4light, No. 4heavy, No. 5light, No. 5heavy, or No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils for heating purposes.

“Hydraulic lift tank” means a tank holding hydraulic fluid for a closedloop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

“IFCI” means the International Fire Code Institute.

“Implementing agency” means, with respect to Article 3 only, the Arizona Department of Environmental Quality for UST systems subject to the jurisdiction of the state of Arizona, or the EPA for other jurisdictions or, in the case of a state with a program approved under 42 U.S.C. 6991 (or pursuant to a memorandum of agreement with EPA), the designated state or local agency responsible for carrying out an approved UST program.

“Incremental cost” means a supplement to a task, established in the schedule of corrective action costs, that is necessary, based on site-specific conditions, to complete the task.

“Incurred” for purposes of Article 6 only, means a cost of eligible activities owed by an eligible person to a corrective action service provider or a person who prepares applications or direct payment requests, as applicable, as demonstrated in an invoice received by the eligible person.

“Indian country” means, under 18 U.S.C. 1151, all of the following:

All land within the limits of an Indian reservation under the jurisdiction of the United States government which is also located within the borders of this state, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.

All dependent Indian communities within the borders of the state whether within the original or subsequently acquired territory of the state.

All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.

“Induration” means the consolidation of a rock or rock material by the action of heat, pressure, or the introduction of some cementing material not commonly contained in the original mass. Induration also means the hardening of a soil horizon by chemical action to form hardpan (caliche).

“Installation” means the placement and preparation for placement of any UST system or UST system part into an excavation zone. Installation is considered to have commenced if both of the following exist:

The owner and operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the UST system.

The owner and operator has begun a continuous onsite physical construction or installation program or has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction at the site or installation of the UST system to be completed within a reasonable time.

“Institutional control” for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

“Legal defense cost” means, with respect to Article 3 only, any expense that an owner or operator, or provider of financial assurance incurs in defending against claims or actions brought under any of the following circumstances:

By EPA or a state to require corrective action or to recover the costs of corrective action;

By or on behalf of a 3rd party for bodily injury or property damage caused by an accidental release; or

By any person to enforce the terms of a financial assurance mechanism.

“Liquid trap” means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

“Local government” means a county, city, town, school district, water and aqueduct management district, irrigation district, power district, electrical district, agricultural improvement district, drainage and flood control district, tax levying public improvement district, local government public transportation system, and any political subdivision defined in A.R.S. § 49-1001.

“LUST” means leaking UST.

“LUST case” means all of the documentation related to a specific LUST number, which is maintained on file by the Department.

“LUST number” means the unique number assigned to a release by the Department after the notification requirements of A.R.S. § 49-1004(A) are met.

“LUST site” means the UST facility from which a release has occurred.

“Maintenance” means those actions necessary to ensure the proper working condition of an UST system or equipment used in corrective actions.

“Monitored natural attenuation” means the reliance on natural attenuation processes, within the context of a carefully controlled and monitored site cleanup approach, to achieve site-specific remediation objectives within a time-frame that is reasonable compared to that offered by other more active methods.

“Motor vehicle fuel,” for the purpose of Article 4 only, has the definition at A.R.S. § 28-101.

“Natural attenuation” means a reduction in mass or concentration of a chemical of concern in groundwater over time or distance from the release point due to naturally occurring physical, chemical, and biological processes, such as: biodegradation, dispersion, dilution, sorption, and volatilization.

“Nature of the regulated substance” means the chemical and physical properties of the regulated substance stored in the UST, and any changes to the chemical and physical properties upon or after release.

“Nature of the release” means the known or estimated means by which the contents of the UST was dispersed from the UST system into the surrounding media, and the conditions of the UST system and media at the time of release.

“New tank system” means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988.

“Noncommercial purposes” means, with respect to motor fuel, not for resale.

“On-site control” means, for the purpose of Article 8 only, being at the location where tank service is being performed while tank service is performed.

“On the premises where stored” means, with respect to A.R.S. § 49-1001(18)(b) only, a single parcel of property or any contiguous or adjacent parcels of property.

“Operational life” means the period beginning when installation of the tank system has begun and ending when the tank system is properly closed under R18-12-271 through R18-12-274.

“Overfill” means a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of a regulated substance to the environment.

“Owner identification number” means the unique number assigned to the owner of an UST by the Department after the initial notification requirements of A.R.S. § 49-1002 are satisfied, or after a refund claim is submitted and approved pursuant to R18-12-409.

“Petroleum marketing facility” means a facility at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

“Petroleum marketing firm” means a firm owning a petroleum marketing facility. Firms owning other types of facilities with USTs as well as petroleum marketing facilities are considered to be petroleum marketing firms.

“Petroleum UST system” means an UST system that contains or contained petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. These systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

“Phase of corrective action” means a major step in corrective action as described in rules made under A.R.S. § 491005, and the schedule of corrective action costs.

“Pipe” or “Piping” means a hollow cylinder or tubular conduit that is constructed of nonearthen materials.

“Pipeline facility” means new or existing pipe rights-of-way and any associated equipment, gathering lines, facilities, or buildings.

“Point of compliance” means the geographic location at which the concentration of the chemical of concern is to be at or below the risk-based corrective action standard determined to be protective of public health and the environment.

“Point of exposure” for soil, surface water, and groundwater contamination, has the definition at R18-7-201 for “exposure point.”

“Property damage” means physical injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or loss of use of tangible property that is not physically injured, destroyed, or contaminated, but has been evacuated, withdrawn from use, or rendered inaccessible.

“Provider of financial assurance” means an entity that provides financial assurance to an owner or operator of an UST through one of the mechanisms listed in R18-12-306 through R18-12-312 or R18-12-316, including a guarantor, insurer, risk retention group, surety, or issuer of a letter of credit.

“RCRA” means the Resource Conservation and Recovery Act in 42 U.S.C. 6924 (u)

“Receptor” means persons, enclosed structures, subsurface utilities, waters of the state, or water supply wells and wellhead protection areas.

“Release confirmation” means free product discovery, or reported laboratory analytical results of samples collected and analyzed in accordance with the sampling requirements of R18-12-280 and A.A.C. Title 9, Chapter 14, Article 6 which indicates a release of a regulated substance from the UST system.

“Release confirmation date” means the date that an owner or operator first confirms the release, or the date that the owner or operator is informed of a release confirmation made by another person.

“Release detection” means determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

“Remediation” for soil, surface water, and groundwater contamination, has the definition at A.R.S. § 49-151, except that “soil, surface water and groundwater” is substituted for “soil” where it appears in that Section.

“Repair” means to restore a tank or UST system component that has caused or may cause a release of regulated substance from the UST system.

“Report of work” means a written summary of corrective action services performed.

“Reserved and designated funds” means those funds of a nonprofit, not-for profit, or local government entity which, by action of the governing authority of the entity, by the direction of the donor, or by statutory or constitutional limitations, may not be used for conducting UST upgrades, replacements, or removals, or for installing UST leak detection systems, or conducting corrective actions, including payment for expedited review of related documents by the Department, on releases of regulated substances.

“Residential tank” means an UST system located on property used primarily for dwelling purposes.

“Retrofit” means to add to an UST system, equipment or parts that were not originally included or installed as part of the UST system.

“Risk characterization” means the qualitative and quantitative determination of combined risks to receptors from individual chemicals of concern and exposure pathways, and the associated uncertainties.

“Routinely contains product” or “routinely contains regulated substance” means the part of an UST system which is designed to contain regulated substances and includes all internal areas of the tank and all internal areas of the piping, excluding only the vent piping.

“SARA” means the Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499.

“Septic tank” means a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

“Site location map” means a representation by means of signs and symbols on a planar surface, at an established scale, of the streets, wells, and general use of the land for properties within at least one-quarter mile of the facility boundaries, with the direction of orientation indicated.

“Site plan” means a representation by means of signs and symbols on a planar surface, at an established scale, of the physical features (natural, artificial, or both) of the facility and surrounding area necessary to meet the requirements under which the site plan is prepared, with the direction of orientation indicated.

“Site Vicinity Map” means a representation by means of signs and symbols on a planar surface, at an established scale, of the natural and artificial physical features, used in the exposure assessment, that occur within at least 500 feet of the facility boundaries, with the direction of orientation indicated.

“Solid Waste Disposal Act” for the purposes of this Chapter means the “federal act” as defined by A.R.S. § 49-921.

“Source area” means either the location of the release from an UST, the location of free product, the location of the highest soil and groundwater concentration of chemicals of concern, or the location of a soil concentration of chemicals of concern which may continue to impact groundwater or surface water.

“Source of contamination” means with respect to this Chapter, the conditions described in A.R.S. § 49-1052(N).

“Spill” means the loss of regulated substance during the transfer of a regulated substance to an UST system.

“Storage facility” means, for the purpose of Article 4 only, the common, identifiable, location at which deliveries of regulated substances are made to an UST, an above ground storage tank, or to a group of underground and above ground storage tanks, and to which the Department has assigned a single facility identification number.

“Stormwater or wastewater collection system” means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation, or of domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

“Submitted” means received by the Department on the earliest of the date of the Department’s date-stamp on the application, direct payment request, or component, or the date on the return receipt, if the application, direct payment request, or component is sent to the Department by certified mail.

“Substantial business relationship” means the extent of a business relationship necessary under Arizona law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued “incident to that relationship” if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.

“Substantial governmental relationship” means the extent of a governmental relationship necessary under Arizona law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract under R18-12-316 is issued “incident to that relationship” if it arises from a clear commonality of interest in the event of an UST release such as coterminous boundaries, overlapping constituencies, common ground water aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.

“Substituted work item” means a work item that is included in a direct payment request, in place of a preapproved work item, that accomplishes the work objectives of the preapproved work item using a different methodology and meets the requirements of A.R.S. § 491054(C)(1).

“Summary of work” means a brief written description, on a form provided by the Department, of the corrective actions and a rationale for the performance of the corrective actions that are the subject of the application or direct payment request, and that allows the Department to evaluate or determine whether the claimed activities are eligible activities.

“Supplier” means, for the purpose of Article 4 only, with respect to collection of the UST excise tax, a person who is described by either A.R.S. § 28-6001(A) or (B). The term “supplier” includes a distributor, as defined in A.R.S. § 28-5601, who is required to be licensed by A.R.S. Title 28, Chapter 16, Article 1.

“Supplier identification number” means, for the purpose of Article 4 only, the unique number assigned to the supplier by the Department of Transportation for the purpose of administering the motor vehicle fuel tax under A.R.S. Title 28, Chapter 16, Article 1.

“Surface impoundment” means a natural topographic depression, artificial excavation, or diked area formed primarily of earthen materials, but which may be lined with artificial materials, that is not an injection well.

“Surface water” has the definition at R18-11-101.

“Surficial soil” means any soil occurring between the current surface elevation and extending to that depth for which reasonably foreseeable construction activities may excavate and relocate soils to surface elevation, and any stockpiles generated from soils of any depth.

“Suspected release discovery date” means the day an owner or operator first has reason to believe, through direct discovery or being informed by another person, that a suspected release exists.

“Suspected release notification date” means the day the Department informs an owner or operator, as evidenced by the return receipt, that a UST may be the source of a release.

“Tangible net worth” means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties.

“Task” means an action, including any and all personnel and project management, necessary to satisfy the technical requirements associated with a phase of corrective action, as established in the schedule of corrective action costs.

“Tax” means, for the purpose of Article 4 only, the excise tax on the operation of USTs levied by A.R.S. Title 49, Chapter 6, Article 2.

“Taxpayer” means, for the purpose of Article 4 only, the owner or operator of an UST who pays the tax.

“Tester” means a person who performs tightness tests on UST systems, or on any portion of an UST system including tanks, piping, or leak detection systems.

“Underground area” means an underground room, such as a basement, cellar, shaft, or vault that provides enough space for physical inspection of the exterior of the tank, situated on or above the surface of the floor.

“Underground storage tank” has the definition at A.R.S. § 49-1001.

“Under review” means an application or direct payment request is submitted and the Department has not made an interim determination under R18-12-610 or, for incorrect applications or direct payment requests under R18-12-601(C) only, the Department has not made a final determination under R18-12-611.

“Unreserved and undesignated funds” means those funds that are not reserved or designated funds and can be transferred at will by the governing authority to other funds.

“Upgrade” means the addition to or retrofit of an UST system or UST system parts, under R18-12-221, to improve the ability to prevent release of a regulated substance.

“UST” means an underground storage tank as defined at A.R.S. § 49-1001.

“UST grant account” or “grant account” means the account designated under A.R.S. § 49-1071.

“UST regulatory program” means the program established by and described in A.R.S. Title 49, Chapter 6 and the rules promulgated under that program.

“UST system” or “tank system” means an UST, connected underground piping, impact valve and connected underground ancillary equipment and containment system, if any.

“Vadose zone” has the definition at A.R.S. § 49-201.

“Volatile regulated substance” means any regulated substance that generally has the following chemical characteristics: a vapor pressure of greater than 0.5 mmHg at 20° C, a Henry’s Law Constant of greater than 1 x 10-5 atm m3/mol, and which has a boiling point of less than 250° - 300° C.

“Volunteer” means a person described under A.R.S. § 491052(I).

“Wastewater treatment tank” means a tank system that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

“Work item” means a line item or group of line items on a direct payment request for claimed costs for a task or increment in accordance with the schedule of corrective action costs under A.R.S. § 491054(C).

“Work objectives of the preapproved work plan” means the purpose, as stated in a preapproval application, of the proposed corrective actions to be performed, within a phase of corrective action, on the release or releases specified in the preapproval application preapproved by the Department.

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