Arizona Revised Statutes Title 49. The Environment § 49-281. Definitions

1. “Applicant” means any individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership or association, this state, a political subdivision of this state, or a commission of the United States government or a federal facility, an interstate body or any other entity that applies for a settlement under either § 49-292.01 or 49-292.02.

2. “Community” means the broad spectrum of persons determined by the director to be within an existing or proposed site placed on the registry pursuant to § 49-287.01.

3. “Community involvement area” means the geographical area that is within a site placed on the registry pursuant to § 49-287.01 and additional geographic areas as found appropriate in the director's discretion.

4. “Dispose” means the deposit, injection, dumping, spilling, leaking or placing of any pollutant into or on any land or water so that the pollutant or any constituent of the pollutant may enter the environment or be discharged into any waters, including aquifers.

5. “Eligible party” means a person who enters into a written agreement with the director to implement and complete a remedial investigation and feasibility study with respect to a site or portion of a site that was on the annual priority list on May 1, 1997 or any other person who incurs costs for a remedial action that is in substantial compliance with § 49-282.06 as determined by the director.

6. “Facility” means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice.

7. “Fund” means the water quality assurance revolving fund established by § 49-282.

8. “Hazardous substance” has the same meaning prescribed in § 49-201 but does not include petroleum as defined in § 49-1001, except to the extent that a constituent of petroleum is subject to § 49-283.02.

9. “Nonrecoverable costs” means any costs incurred by the director after June 30, 1997:

10. “Orphan shares” means the shares of the cost of a remedial action that are allocated to an identified person who is determined to be a responsible party and that are not paid or otherwise satisfied by that responsible party due to any of the following:

11. “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment but excludes:

12. “Remedial actions” means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment, such actions as may be necessary to investigate, monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the environment that may otherwise result from a release or threat of release of a hazardous substance. Remedial actions include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, that are nonopportunistic and that are naturally occurring. Remedial actions may include community information and participation costs and providing an alternative drinking water supply.

13. “Remedy” means a remedial action selected in a record of decision issued pursuant to § 49-287.04.

14. “Site” means the geographical areal extent of contamination.

15. “Vertical cross-contamination” means the vertical migration of released hazardous substances in groundwater through a well from an aquifer or aquifer layer to another aquifer or aquifer layer.