1. A. Property owners who use only an institutional control shall pay to the Department a fee that is the sum of the following:

   1. 1. $825, representing Department costs to perform one-time activities;

   2. 2. An amount representing the costs of ongoing activities performed by the Department that is one of the following:

      1. a. For properties contaminated only by a petroleum release from one or more underground storage tanks: $110 multiplied by the number of years the Department projects the property will require ongoing activities, not to exceed 30 years; or
      2. b. For all other properties: $220 multiplied by the number of years the Department projects the property will require ongoing activities, not to exceed 30 years;
   3. 3. $770, representing Department costs to review and render a decision on a request to release a DEUR, and to record the release, pursuant to A.R.S. §§ 49-152(D) or 49-158(L);
   4. 4. $1,985 per site, representing the property owner’s pro-rata share of Department costs to oversee and coordinate its DEUR-related activities; plus
   5. 5. $550 per site, representing the property owner’s pro-rata share of Department costs to administer the repository under A.R.S. § 49-152(E).

2. B. Property owners who use an engineering control without groundwater monitoring shall pay a fee to the Department that is the sum of the following:

   1. 1. $1,595, representing Department costs to perform one-time activities;
   2. 2. $660, representing Department costs of annual ongoing activities, multiplied by the number of years the Department projects the property will require ongoing activities, not to exceed 30 years;
   3. 3. $1,320, representing Department costs to review and render a decision on a request to release a DEUR, and to record the release, pursuant to A.R.S. §§ 49-152(D) or 49-158(L);
   4. 4. $1,985 per site, representing the property owner’s pro-rata share of Department costs to oversee and coordinate its DEUR-related activities; plus
   5. 5. $550 per site, representing the property owner’s pro-rata share of Department costs to administer the repository under A.R.S. § 49-152(E).

3. C. Property owners who use an engineering control with groundwater monitoring, and owners of WQARF sites and APP mine sites, shall pay to the Department a fee that is the sum of the following:

   1. 1. $3,740, representing Department costs for performing one-time activities;

   2. 2. A component of the fee to be determined on a case-by-case basis, at $55 per hour, based on both:

      1. a. The number of hours per year that the Department projects will be required for ongoing activities performed by the Department for the property, not to exceed 70 hours per year; and
      2. b. The number of years that the Department projects the property will require ongoing activities, not to exceed 30 years;
   3. 3. $1,870, representing Department costs to review and render a decision on a request to release a DEUR, and to record the release, pursuant to A.R.S. §§ 49-152(D) or 49-158(L);
   4. 4. $1,985 per site, representing the property owner’s pro-rata share of Department costs to oversee and coordinate its DEUR-related activities; plus
   5. 5. $550 per site, representing the property owner’s pro-rata share of Department costs to administer the repository under A.R.S. § 49-152(E).

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 573, effective February 20, 2004 (Supp. 04-1).