ARS § 49-283 (A) For the purposes of imposing liability under this section and except as provided in this section, a person is considered to be the party responsible for the release or threat of release of a hazardous substance if the person: 1. Owner or operator of the facility: (a) Where the hazardous substance has been placed or found in or on the facility. (b) if the hazardous substance was in or on the facility but before it was released. (c) During the period of release or imminent release.2. Ownership or possession of the hazardous substance and caused by a contract, agreement or otherwise for the disposal, treatment or transport for the purpose of disposal or treatment of the hazardous substance.3. Waste accepted for transport to a disposal or treatment facility containing a hazardous substance, selected and selected either the facility to which it was transported or disposed of illegally. In addition, prior to entering into a receivership for an actual (commercial) real estate purchase under state law, a buyer may elect to enter into a potential buyer agreement (PPA) with the State of Arizona in accordance with the revised laws of Arizona (ARS) § 49-285.01 For a PPA, the Arizona Department of Environmental Quality (ADEQ) provides written authorization and a commitment not to sue a potential buyer. immunity from requests for contributions for possible State liability for existing contamination under these articles or CERCLA. The requirements for a PPA are: 2. The person is not currently responsible for an existing or imminent release of a hazardous substance listed in Schedule 3; The proposed remediation or reuse of the facility will not contribute to or aggravate existing known contamination or unreasonably affect the remediation measures required in the facility or result in contamination that poses a significant risk to the health of the public; and4. The agreement will bring important public benefits.
For properties within the boundaries of federal Superfund locations, the following guidelines clarify liability concerns as a new or potential owner. In 1991, the United States Environmental Protection Agency (EPA) published a national policy overview document entitled “Homeowners Exempted from Cleanup Costs”, hereinafter referred to as “this Directive”. This document includes a description of the conditions applicable to personal property at a federal Superfund site in the “Background” section: “This policy does not apply to a residential property owner who has undertaken activities that result in the release or threat of release of hazardous substances resulting in the release of hazardous substances, resulting in the implementation of an intervention measure on the site. This information is taken from the U.S. EPA publication, Policy Towards Owners of Property Containing Contaminated Aquifers, November 1995. 1. Force majeure.2. An act of war.3.
an act or omission of a third party, whether lawful or illegal, including vandalism or illegal disposal of hazardous waste or hazardous substances, other than an employee or representative of that person, or the act or omission of which is related to a direct or indirect contractual relationship with that person, unless the sole contractual agreement results from a published contractual agreement and the authorization of carriage by a road operator of (a) he has exercised due diligence with regard to the dangerous substance concerned, taking into account the characteristics of the dangerous substance, taking into account the characteristics of the dangerous substance, taking into account all the relevant facts and circumstances. (b) It has taken precautions against the foreseeable acts or omissions of such a third party and the consequences that could reasonably be expected to result from such acts or omissions.4. A release or threat of release that was subject to restrictions or conditions in a federal or state permit regarding the protection of public health or the environment and the operation of the discharge facility was and is consistent with applicable limits or conditions.5. The use of a pesticide registered under the Federal Insecticides, Fungicides and Rodenticides Act (61 Stat. 163) and applied in accordance with labelling requirements.6. The liability was assumed by the Federal Post Closure Liability Fund established under Section 42 of the United States Code, Section 9607(k)7. Any combination of paragraphs 1 to 6 of this Subsection. 1. has been involved in the generation, transport, storage, treatment or disposal of a hazardous substance at the facility or in the disposal of waste at the facility, or has knowingly authorized other persons to engage in such activity at the facility.2. Everyone is allowed to use the facility to dispose of a hazardous substance.3.
Knew, or ought reasonably to have known, that a hazardous substance was in or on the site when the right, title or interest in the property was first acquired by the person and engaged in conduct involving him or her in the release. For the purposes of this paragraph, a guarantee, insurance or written obligation provided for in an act conferring a right, title or interest in the property and performed by the person transferring the right, title or interest or set out in a memorandum of that act performed for the purpose of registration; is admissible as evidence of whether the person acquiring a right, title or interest in the property knew, or ought reasonably to have known, that a hazardous substance was in or on the site ….
