News Alert – April 21

Industry News Alert for April 21, 2016

Potential Reimbursement Opportunity for UST Owners and Operators
In 2015, the Arizona legislature enacted House Bill 2636. In sec. 25, the bill established a new process to provide reimbursement for eligible corrective action costs incurred after June 30, 2010 (the application deadline under the former State Assurance Fund (SAF) program).

Under this provision, UST owners and operators who were “time-barred” from submitting costs for corrective actions conducted after the sunset of the SAF program have an opportunity for reimbursement. Eligibility requirements include:
  • Costs must have been incurred after June 30, 2010.
  • The application for reimbursement must be submitted to ADEQ by December 31, 2016.
  • Documentation demonstrating compliance with financial responsibility must be provided.
  • SAF coverage limits must not have been exhausted (note – for time-barred claims, the maximum potential reimbursement amount per facility varies based on the type of financial assurance mechanism relied upon for FR compliance).
Payments will be divided into two categories based on the reported release date. Facilities that met the June 30, 2006, release reporting deadline but were unable to complete corrective actions by the June 30, 2010, application submittal deadline for the SAF program will be prioritized for payment. All qualifying applications will be paid proportionally until payments are complete. Only then will the facilities with a release reported after June 30, 2006 be eligible to receive funding. Proportional payment is required, so no payment will be made until 2017, after all applications have been received.
ADEQ is now receiving applications. For more information on how to determine if you may be eligible to receive reimbursement or to access required forms, refer to: