Arizona Revised Statutes Title 49. The Environment § 49-762.08. Corrective actions; application

A. The director, in the absence of applicable corrective action rules adopted pursuant to § 49-761 for solid waste facilities other than solid waste landfills, may require the owner or operator of a solid waste facility to conduct corrective action in response to a release, as defined in § 49-281, from a facility, if the release violates or results from a violation of § 49-762.07, subsection F or causes or threatens to cause a significant adverse effect on human health or the environment.

B. Corrective action taken pursuant to this section shall be conducted in accordance with standards described in § 49-282.06, subsection A, subsection B, paragraph 4, subdivisions (a) and (b) and subsections C, D and F.

C. This section shall not apply to the following:

D. The department shall avoid practices or requirements that duplicate or are inconsistent with other applicable laws and rules, to the maximum extent practicable, for releases subject to corrective actions pursuant to any of the following:

E. For a release from a solid waste facility that was caused or contributed to by more than one responsible party, prescribed in § 49-283, the director's authority to require corrective action under this section is limited to releases that occur after July 1, 1998, and when the owner or operator of the solid waste facility was subject to regulation pursuant to this chapter. This subsection does not extend or limit the application of chapter 2, article 5 of this title.  2

F. For a release from a solid waste facility subject to 40 Code of Federal Regulations part 257, subparts A and B, or part 258, the corrective action shall be conducted in accordance with those regulations.