Ariz. Admin. Code § 18-7-301

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-7-301 - Prospective Purchaser Agreement Fee

A. An applicant for a prospective purchaser agreement with the Department under A.R.S. § 49-285.01 shall pay to the Department the fee prescribed in this Article. The Department shall not refund a fee once it accepts an application.

B. An applicant for a prospective purchaser agreement shall pay a fee for each prospective purchaser agreement application submitted to the Department for review. The fee includes:

1. An initial charge as prescribed in subsection (C);

2. An hourly charge, if the conditions of subsection (D)(1) apply;

3. The publication costs for the legal notice as prescribed in subsection (F); and

4. A charge, as prescribed in subsection (D)(2), if an applicant requests a settlement.

C. An applicant shall pay an initial charge of $2,500 for an application for a prospective purchaser agreement requiring minimal review for property within a site that is listed in the Water Quality Assurance Revolving Fund (WQARF) registry under A.R.S. § 49-287.01. For property that is not on the WQARF registry, an applicant shall pay an initial charge of $3,600 for an application for a prospective purchaser agreement. The initial charge covers direct and indirect Department costs. An application for a prospective purchaser agreement requiring minimal review is one that requires 34 or fewer hours of review time for a site on the WQARF registry or 49 or fewer hours for a site not on the WQARF registry.

D. In addition to the initial charge described in subsection (C), the applicant shall pay the following charges, if applicable:

1. An hourly charge for reviewing a prospective purchaser agreement that requires more than the hours for review covered by the initial charge in subsection (C). The additional charge is $73 per hour for Department staff time and Assistant Attorney General time.

2. A charge in the amount of $2,000, to accompany a request for a settlement that includes immunity from contribution claims for existing contamination, if requested under A.R.S. § 49-285.01. If costs for the settlement exceed $2,000, the remainder of the costs will be paid for through the terms of the settlement.

E. The applicant may agree in writing to pay charges that exceed the initial charge described in subsection (C). Unless the applicant has so agreed, when the Department believes that the costs associated with the prospective purchaser agreement have begun to exceed the initial charge, the Department shall stop work on the prospective purchaser agreement and notify the applicant in writing. The applicant shall notify the Department in writing, within 30 days of the Department's notification under this subsection, whether the applicant wishes the Department to continue work on the application and to incur additional costs. The Department shall terminate the application if the applicant does not provide written confirmation within 30 days that it wishes the Department to continue work on the application.

F. The Department shall publish a legal notice announcing an opportunity for public comment on the prospective purchaser agreement. The legal notice shall include:

1. A general description of the contents of the agreement;

2. The location where information regarding the agreement can be obtained;

3. The name and address of the Department contact where comments may be sent; and

4. The time and date that the comment period closes.

G. The initial charge described in subsection (C) is due when the applicant submits the prospective purchaser agreement application to the Department. The publication cost specified in subsection (B)(3), and any hourly charge described in subsection (D)(1), are due within 30 days of the date the invoice is sent by the Department. Fee charges are payable to the state of Arizona, and shall be paid in full before the Department executes a prospective purchaser agreement.

Ariz. Admin. Code § R18-7-301

Adopted effective February 7, 1997; filed with the Office of the Secretary of State January 14, 1997 (Supp. 97-1). Amended by final rulemaking at 12 A.A.R. 345, effective March 11, 2006 (Supp. 06-1).

The heading for the following Article was amended by exempt rulemaking at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1). The following Article was originally adopted under an exemption from the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 1997, Ch. 296, §§ 3(E) & (G), 10 & 11. Although exempt from certain provisions of the rulemaking process, the Department was required to submit notice of proposed rulemaking with the Secretary of State for publication in the Arizona Administrative Register and conduct a public hearing (Supp. 97-3).