eLaws | eCases | State of Arizona |
 Arizona Administrative Code (Last Updated: November 17, 2016)
 Title 18. ENVIRONMENTAL QUALITY
 Chapter 7. DEPARTMENT OF ENVIRONMENTAL QUALITY
 Article 6. DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE

Section R18-7-601. Definitions  

Latest version.

All data is extracted from pdf, click here to view the pdf.

  • The following definitions shall apply in this Article, unless the con- text otherwise requires:

    “APP mine sites” means mining facilities which are subject to the aquifer protection permit provisions of Arizona Revised Statutes Title 49, Chapter 2, Article 3.

    “Department” means the Arizona Department of Environmen- tal Quality.

    “DEUR” means declaration of environmental use restriction, as described in A.R.S. §§ 49-152 and 49-158. It is an institu- tional control and a restrictive covenant that runs with and bur- dens the property, binds the owner and the owner’s heirs, successors and assigns, and inures to the benefit of the Depart- ment and the state.

    “Fee” means the fee authorized by A.R.S. §§ 49-152(K) and 49-158(G).

    “Engineering control” has the meaning in A.R.S. § 49-151. “Institutional control” has the meaning in A.R.S. § 49-151.

    “Modification” means modification of a DEUR that continues to address the same spill or release, and the same contami- nants, as in the original DEUR. No other changes are consid- ered a modification of a DEUR, but would be the subject of a separate DEUR.

    “One-time activities” includes reviewing and/or approving legal descriptions, control areas, contaminants, institutional or engineering controls, and draft DEUR documents.

    “Ongoing activities” includes reviewing written reports, con- ducting site inspections, or otherwise verifying maintenance of institutional or engineering controls.

    “Underground storage tanks” means those underground stor- age tanks defined and regulated under A.R.S. Title 49, Chapter 6, Article 1.

    “WQARF sites” means sites that are listed on the site registry specified in A.R.S. § 49-287.01 and are the subject of remedial action pursuant to A.R.S. Title 49, Chapter 2, Article 5. A property that is within a registry site boundary, but does not involve a contaminant of concern identified for that registry site and is not the subject of remedial action pursuant to the above Chapter 2, is not a WQARF site for the purpose of this Section.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R.

573, effective February 20, 2004 (Supp. 04-1).