This bill proposes several updates to current statutes regarding the liability of property owners in cases of hazardous substance releases. Under the new provisions, the owner of a qualifying property must provide written notice of any release or threatened release of a hazardous substance to prospective buyers, the Director of the Arizona Department of Environmental Quality (ADEQ), and the State Mine Inspector if applicable. This notice must occur before the property is conveyed. The bill also defines "qualifying property" and "prospective buyer," establishing clear criteria for when these notifications are required.
Additionally, the bill amends existing liability provisions by clarifying the conditions under which a property owner is deemed responsible for hazardous substance releases. It specifies that an owner is not liable if the hazardous substance is present solely due to migration from another property, and it outlines the circumstances under which liability may be avoided. The bill also makes technical changes to improve clarity and consistency within the statute. Overall, these updates aim to enhance transparency and accountability in property transactions involving hazardous substances.
Statutes affected: Introduced Version: 49-283
House Engrossed Version: 49-283
Chaptered Version: 49-283