Section R18-16-402. Applicability

A.      This Article applies to sites on the site registry and as other- wise made applicable by law.

B.       This Article applies only to remedial actions as defined in

A.R.S. § 49-281. Nothing in this Article is intended to require a remedial action, including a remedy or early response action, to provide for or cover any costs that a property owner, a well owner, or water provider would incur if the release of hazard- ous substances that is the subject of the remedial action had not affected the property or water supply of the property owner, well owner or water provider. A property owner, well owner or water provider shall not be required to provide reim- bursement for coincidental benefits resulting from a remedial action otherwise necessary and appropriate to address a release or threatened release of a hazardous substance. Nothing in this Article shall be interpreted to require remedial action to address a land use that is impaired by properties of materials located on or under that land other than the current or potential exposure to hazardous substances contained in that material.

C.      For purposes of this Section, “transition site" means a site that is on the site registry where some remedial action has occurred prior to the effective date of this Article.

D.      Any person who has performed any remedial action prior to the effective date of this Article at a transition site may submit a written request for the Department’s approval of the remedial action under R18-16-413 if the remedial action has not been approved by the Department prior to the effective date of this Article. The request shall include a description of the remedial action, a demonstration that the work is reasonable and neces- sary and meets the applicable purposes of this Article, and copies of all documentation of the remedial action for which approval is requested. The Department shall approve:

1.        Remedial investigation work performed prior to the effective date of this Article if the work meets the appli- cable purposes stated in R18-16-406(A),

2.        Feasibility study work performed prior to the effective date of this Article if the work meets the purposes stated in R18-16-407(A), and

3.        Early response action work performed prior to the effec- tive date of this Article if the work meets the purposes stated in R18-16-405(A).

E.       Remedial action work approved by the Department prior to the effective date of this Article shall be deemed approved for pur-

require additional remedial actions before a remedy can be selected, but a party to the consent decree shall not be required to conduct or pay for the additional remedial actions if the liability of the party is resolved by the court decree.

3. If an approval, agreement, court decree or judgement sub- ject to subsection (G)(1) or (2) addresses only a portion of a site on the site registry and includes the implementation of a remedy or the substantial equivalent of a remedy for that portion of the site, then the work covered by the approval, agreement or decree shall be included as part of the remedial action plan and the record of decision select- ing a remedy under this Article for the remainder of the site if agreed to by the parties to the approval, agreement, court decree or judgement.

Historical Note

New Section made by exempt rulemaking at 8 A.A.R.

1491, effective March 4, 2002 (Supp. 02-1).