49-903. Development of facility
A. The director of the department of administration may contract with one or more
persons for the development of a hazardous waste disposal facility. The person
developing the facility is solely responsible for compliance with all federal, state and
local environmental laws, ordinances and rules. In no event shall the director of the
department of administration be responsible for such compliance.
B. Hazardous wastes disposed of at any facility established pursuant to this
article shall not include special nuclear or by-product materials, or any radioactive
waste material whose storage, transportation, treatment and disposal are regulated by the
federal nuclear regulatory commission, or its successor agency, or the Arizona radiation
regulatory agency, or its successor agency.
C. A facility established pursuant to this article shall not incinerate hazardous
waste.
D. A facility established pursuant to this article shall not accept for purposes of
storage, treatment or disposal any waste that is generated outside this state and that is
classified as hazardous under the laws of its state or country of origin unless the
legislature does either of the following:
1. Approves an interstate or regional agreement for the safe treatment, storage or
disposal of hazardous waste as prescribed by the comprehensive environmental response,
compensation, and liability act of 1980 (P.L. 96-510), as amended.
2. Finds that the prohibition on importation is no longer in the best interests of
this state due to a finding that this state is in violation of its capacity assurance
plan requirements prescribed by the comprehensive environmental response, compensation,
and liability act of 1980 (P.L. 96-510), as amended.
E. The director of the department of environmental quality shall determine those
wastes that have been classified as hazardous by another state or country as of July 3,
1991. The director shall publish a list of those wastes by December 31, 1992.
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