§ 35.2.8 Appeals of Allocation Determinations In Water Quality Assurance Revolving Fund Remedial Actions.

• Jurisdiction: Arizona

§ 35.2.8 Appeals of Allocation Determinations In Water Quality Assurance Revolving Fund Remedial Actions. The WQARF program is Arizona’s counterpart to the federal Superfund program. In 1997, the Arizona legislature overhauled the WQARF program, eliminating joint liability and establishing a new, streamlined settlement and allocation process for the costs of remediating hazardous waste sites. See A.R.S. §§ 49-281 et seq.

The 1997 legislative amendments established alternative means by which liability for cleanup costs may be resolved, including certain court actions that are beyond the scope of this chapter. Other processes established include an administrative forum. For instance, there is an administrative review process for the allocation of remediation costs.

Where ADEQ has conducted a remedial investigation and feasibility study of a hazardous waste site, the director will prepare a proposed remedial action plan that includes the results of the remedial investigation and feasibility study, the proposed remedy and estimated costs, and the consideration of statutes, remediation goals, and selection factors. A.R.S. § 49-287.04(A). Copies of the proposed remedial action are sent with notices to potentially responsible parties. A.R.S. § 49-287.04(C). There is a public comment period of at least 60 days in which the potentially responsible parties may propose alternative methods of allocation of liability among responsible parties. A.R.S. § 49-287.04(C). The parties may also provide information to ADEQ about other potentially responsible parties or facilities within the site from which a release of hazardous substance may have occurred. Id.

If ADEQ receives sufficient information about other potentially responsible parties or facilities that may have released hazardous substances, ADEQ will investigate that person or facility within 90 days after the end of the public comment period, or decline to investigate, in which case ADEQ will...