Deadline to apply: Dec. 31, 2016

UST Time-Barred Claims Program

In 2015, the Arizona legislature enacted HB 2636 and modified the ways the penny-per-gallon UST tax can be used. Among the changes, Section 25 of the bill established a new procedure for previously time-barred claims. Under this provision, UST owners and operators who were “time-barred” from submitting costs for corrective actions conducted after the sunset of the State Assurance Fund (SAF) program an opportunity for reimbursement. Costs must have been incurred after June 30, 2010, and there must be remaining coverage available. Compliance with financial responsibility is required to receive reimbursement. The application must be submitted to ADEQ by Dec. 31, 2016.

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.

ADEQ will now begin receiving applications from both categories. Proportional payment is required, so no payment will be made until 2017, after all applications have been received.