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In 2004, the Arizona Legislature sunsetted the State Assurance Fund (SAF) (Senate Bill 1306; 46th Legislature, 2nd regular session, 2004). Eligibility for reimbursement by the State Assurance Fund (SAF) ends on July 1, 2010. However, to assist SAF eligible LUST sites where groundwater contamination is naturally attenuating but still exceeding the aquifer water quality standards (AWQS), SB 1306 also created the MNA Program. If the LUST site meets the requirements of the MNA Program, ADEQ will assume the responsibility and total cost of monitoring the natural attenuation until the LUST site is ready for LUST case closure. To implement the MNA Program, ADEQ created rules (A.A.C. R18-12-902 and 903), which became effective on Feb. 2, 2008. To become eligible for the MNA Program the following conditions must be met:
- UST owner, operator or volunteer must be eligible for the SAF Program,
- corrective actions must be performed to remove or control sources of contamination,
- corrective actions must be performed to remediate soil contamination to the applicable corrective action standard,
- a Corrective Action Plan (CAP) must be approved which includes MNA as all or a portion of the selected remedy,
- natural attenuation of the groundwater contamination must be documented, and
- a MNA Program application must be approved.
Once the LUST site is accepted into the MNA Program, the applicant will receive a No Further Action (NFA) letter and ADEQ will perform all necessary corrective actions until LUST case closure is appropriate. Since the SAF is sunsetting on July 1, 2010, UST owners, operators or volunteers who may wish to apply for the MNA Program should start thinking about the above listed conditions and all applicable deadlines.
- Statute and Rules
- Eligibility Flowchart
- Source Removal or Control Guidance
- Corrective Action Plan (CAP) Outline
- Natural Attenuation Documentation
- MNA Program Application
- No Further Action (NFA) Letter
- Timeline
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