49-902. Acquisition of site; powers and duties
of director; criteria applicable to future sites


A. The director shall acquire clear title in the name of this state to a site
consisting of one square mile located in Maricopa county which legal description is
section 32, township 4 south, range 1 west, Gila and Salt river base and meridian for a
hazardous waste disposal facility for the disposal, storage, recovery and treatment of
hazardous wastes.


B. The director shall lease in the name of this state a buffer zone consisting of
at least one-half mile surrounding the site acquired pursuant to subsection A of this
section.


C. The director shall obtain such public easements as are necessary for ingress or
egress to the site acquired pursuant to subsection A of this section.


D. The director may obtain lands for purposes of this article by purchase, lease,
grant, condemnation or other lawful means.


E. When a hazardous waste disposal facility becomes operational, no new facility
for the permanent disposal of hazardous waste operating away from the source of
generation of the waste may be located within:


1. A one hundred year floodplain, as defined in section 48-3601.


2. An area so close to public roads, residences, public and private water wells and
water supplies as to constitute a threat to human health or the environment.


3. An area where up to one mile from the perimeter of the site the depth to
groundwater level is less than one hundred fifty feet.


4. An area where the surrounding land use for one square mile may impede proper
long-term site maintenance.


5. An area where the hydrology and geology are incompatible with such use.


6. An area where subsidence has occurred or is likely to occur.


F. Notwithstanding any other statute, on the effective date of this section all
duties relating to the administration of a lease and management of any contract with a
person who has contracted for a hazardous waste disposal facility pursuant to section
49-903 shall be performed by the director of the department of administration.