2005 Arizona Revised Statutes - Revised Statutes §49-154  Greenfields pilot program; public notice; site cleanup; permit exemptions; no further action; rules; fees

(Rpld. 1/1/08)

A. A site that is selected for the greenfields pilot program shall be remediated only under the active supervision of a remediation specialist who is certified by this state pursuant to section 32-131.

B. At least fifteen days before any remedial field work is performed, the remediation specialist shall submit an application and supporting documentation that is signed and sealed by the remediation specialist to the department of environmental quality that certifies that the site is eligible for participation in the greenfields pilot program and shall provide proof of financial assurance that is appropriate for that site. This submittal shall include the scope of work including a legal description of the site to be remediated and the level to which the property will be remediated. The department shall verify all of the following:

1. The submitted application is complete.

2. The remediation specialist is certified by the board of technical registration.

3. Not more than one hundred remediation sites have been approved by the department.

4. Evidence of financial responsibility has been obtained that is appropriate for the site based on the scope of work document submitted that provides coverage on claims made, but in any case shall be no less than coverage limits of one million dollars dedicated to respond to claims for professional errors and omissions liability and general liability arising out of the remediation activity. The financial responsibility coverage shall be provided by the certified remediation specialist or employer of a remediation specialist or by the contractor or contractors as agreed by the certified remediation specialist in writing and shall cover the work being performed. This coverage shall be secured by any of the following:

(a) A professional and general liability insurance policy that does not exclude coverage for claims arising out of pollution for environmental remediation activities underwritten by an insurance company authorized or approved to conduct business in this state with an A.M. Best's rating of A-, VI or better. This policy shall require a three year extended reporting endorsement if the coverage is issued on a claims made basis.

(b) A surety bond.

(c) A certificate of deposit.

(d) A letter of credit.

(e) A deposit with the state treasurer.

C. The applicant or remediation specialist shall publish notice of the planned remediation of the site in a newspaper of general circulation in the county in which the property is located and shall post a remediation notice at the site that, if practicable, is visible from a public right-of-way, that describes the nature of the remediation and that provides a telephone number for further information and shall provide a copy of the notice to the department of environmental quality. Not less than fifteen days after the applicant mails the copy of the notice to the department, the department shall notify the applicant that the remediation site is one of the first one hundred approved by the department and that the remediation specialist who certified the site may begin remediation.

D. On receipt of notice from the department of environmental quality, the remediation specialist shall supervise the remediation of the site to the level determined by soil remediation standards in effect at the time of the remediation pursuant to sections 49-151 and 49-152. Section 49-290, relating to exemption from permit requirements, applies to remediation work performed pursuant to and in compliance with the greenfields pilot program.

E. On completion of the site remediation pursuant to this program, the remediation specialist shall issue to the property owner and shall provide a copy to the department of environmental quality a document that states that no further action is required to remediate the known releases on the site to the appropriate standards and that states that the work was performed in compliance with federal and state law, rules and regulations. The remediation specialist shall also provide the department with signed and sealed copies of all relevant documentation on the remediation including test results and other reports, all of which shall be maintained as public records in the department of environmental quality and shall submit the fee prescribed by subsection G of this section. The document of no further action shall be in a form prescribed by the department of environmental quality and shall provide all of the following:

1. A legal description of the property and a statement of the level to which the site has been remediated, including a description of any restrictions in use based on the level of remediation.

2. A statement that the document is intended to be recorded in the county recorder's office in the county in which the property is located.

F. When recorded by the owner or the remediation specialist and on presentation of documentation to the department of environmental quality that the remediation was successful, the document of no further action shall provide a release from further action by the department of environmental quality against the property owner for remediation of the releases described in the document, except that the document of no further action may be revoked within the one hundred eighty day time limit provided in section 49-155, subsection D. A document of no further action is automatically transferred if the property is conveyed to a new property owner.

G. The director of the department of environmental quality shall establish by rule a fee for the greenfields pilot program. Fees received pursuant to this subsection shall be deposited in the greenfields program fund established pursuant to section 49-157.

H. If an owner of a site that was remediated to nonresidential standards while participating in the greenfields pilot program desires to conduct additional remediation to residential standards, the owner may reapply to the department of environmental quality pursuant to section 49-154 to participate in the program and this application shall not count against the one hundred site limit.