Section R18-16-403. Scope of Work, Fact Sheet, Outline of the Com- munity Involvement Plan, and Notification of Availability

	poses of this Article. Remedial action work conducted under a	A.	Unless the Department determines that the necessary remedy
	work plan approved by the Department prior to the effective		at  a  site  can  be  completed   within  180 calendar  days,  the
	date of this Article shall be evaluated for approval by the		Department shall prepare a scope of work for the remedial
	Department under the terms of the approved work plan.		investigation and feasibility study, a fact sheet, and an outline
F.	Notwithstanding subsections (D) and (E), neither a remedial		of  a  community  involvement  plan  for   the  site  before  the
	investigation nor a feasibility study shall be considered com-		Department conducts a remedial investigation and feasibility
	plete under this Article until the information described in R18-		study under A.R.S. § 49-287.03.
	16-406(D) is collected, a draft remedial investigation report is	B.	The scope of work for a remedial investigation shall generally
	prepared and distributed under R18-16-406(F), and remedial		describe the extent of the remedial investigation based upon
	objectives  are  selected   under  R18-16-406(I)  and  reported		site-specific conditions and information obtained from the pre-
	under R18-16-406(1). Thereafter, the procedures set forth in		liminary  investigation.   The  scope  of   work  for  a   remedial
	R18-16-407 through R18-16-412 shall apply to the selection		investigation shall provide for the preparation of the follow-
	of a remedy based upon the remedial investigation or feasibil-		ing, as applicable:
	ity study. To the extent that any of the alternative remedies dis-		1.     Characterization of soil and vadose zone contamination,
	cussed in a feasibility study that is substantially complete		including identification of sources;
	before the effective date of this Article will not achieve the		2.     Characterization of groundwater contamination, includ-
	remedial objectives, the feasibility study shall be modified so		ing identification of sources;
	that  the  alternative  remedies  achieve   remedial  objectives.		3.     Characterization of surface water contamination, includ-
	Additional evaluation of alternative remedies, if necessary,		ing identification of sources;
	shall  be  conducted  in  accordance   with  R18-16-407  and		4.     Identification of actual and potential human and ecologi-
	reported in a supplemental report before preparation of a final		cal receptors;
	feasibility study report under R18-16-407(I).		5.     Identification of current and reasonably foreseeable uses
G.	Notwithstanding anything to the contrary in this Article, this		of waters of the state that have been or are threatened to
	Article shall not apply to certain remedial action plans, written		be impaired;
	agreements, and court decrees or judgements approved, made		6.     Identification of current and reasonably foreseeable land
	or entered prior to the effective date of this Article as follows:		uses that have been or are threatened to be impaired;
	1.     If prior to the effective date of this Article, the Depart-		7.     Assessment of current risk to public health;
	ment has approved a remedial action plan or entered into		8.     Assessment of ecological risk;
	a written agreement for work under Title 49, Chapter 2,	C.	The  scope  of  work  for   a  feasibility   study  shall  generally
	Article 5, Arizona Revised Statutes,  that includes the		describe the process for conducting the feasibility study as pre-
	implementation of a remedy or the substantial equivalent		scribed in R18-16-407, and may specify additional work to be
	of a remedy for a site or a portion of a site, the terms and		performed taking into account the information gathered in the
	conditions of the Department’s approval or agreement,		remedial investigation.
	and not this Article, shall govern work within the scope	D.	The fact sheet shall include, at a minimum, all of the follow-
	of the approved remedial action plan or agreement and		ing:
	any modification thereto.		1.     A brief history of the site;
	2.     The terms and conditions of any court decree or judge-		2.     A general description of the results of the preliminary
	ment entered prior to the effective date of this Article, and		investigation, including the known extent of contamina-
	not this Article, shall govern the work that is within the		tion;
	scope of the court decree and any modification thereto. If		3.     The site’s score determined under R18-16-202;
	the work required by the court decree or judgement does		4.     General information regarding the potential risk of and
	not include the implementation of a remedy or the sub-		routes of exposure to the contaminants at the site; and
	stantial equivalent of a remedy at a site or a portion of a		5.     The Department personnel to be contacted for further
	site, then the selection of a remedy for the site or portion		information regarding the site.
	of the site shall be under this Article, and this Article may

E.       The outline of a community involvement plan shall generally describe the activities which will be included in the commu- nity involvement plan as required by A.R.S. § 49-289.03 and R18-16-404(C).

F.        The Department shall provide written notice of the availability of the scope of work, the fact sheet, and the outline of the com- munity involvement plan as required under A.R.S. § 49- 287.03(C) to each person who, according to information avail- able to the Department, may be liable for remedial actions. The notice shall state that any person, by written agreement with the Department may develop and implement a remedial investigation work plan or a feasibility study work plan for a site or a portion of a site under R18-16-406 or R18-16-407. The notice shall be provided in accordance with R18-16-301.

G.       The Department shall publish the newspaper notice required by A.R.S. § 49-287.03(C) and shall provide written notice by mail or other delivery to residents, owners or operators of facilities being investigated, commercial occupants, affected water providers and owners of known wells within the com- munity involvement area of the availability of the scope of work, the fact sheet, and the outline of the community involve- ment plan. These notices shall comply with R18-16-301. These notices shall also provide an opportunity for a public meeting. If the remedial investigation is being performed within one year of the scoring of the site under A.R.S. § 49- 287.01, the notices required by this Section may be combined with the notice required by A.R.S. § 49-289.02.

H.       Before implementing a work plan for a remedial investigation or feasibility study, the Department shall prepare a responsive- ness summary addressing any public comments on the scope of work as required under A.R.S. § 49-287.03(D).

I.         Community involvement under this Article shall comply with Article 3 of this Chapter, except that the community involve- ment plan may provide for additional requirements.

Historical Note

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

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