Section R18-16-404. Community Involvement Requirements

A.      The Department or any person who conducts remedial action work at a site on the registry shall conduct community involvement activities in accordance with the requirements of this Section.

B.       If the Department has prepared a community involvement plan under subsection (C) or adopted a plan under subsection (D)(1), the Department or any person conducting remedial action work at a site on the registry shall conduct community involvement activities at the site according to the community involvement plan. If the Department has issued a notice under

A.R.S. § 49-287.03 for a site, a person may conduct commu- nity involvement activities only under a written agreement with the Department. However, a person who submits a notice of remediation under R18-16-415(A) may conduct community involvement activities for the soil remediation described in the notice according to the community involvement plan prepared or adopted by the Department for the site without a written agreement.

C.      Unless the Department determines that the necessary remedy at a site can be completed within 180  calendar days, the Department shall  prepare and implement a community involvement plan prior to initiating or approving a work plan to implement the remedial investigation or a feasibility study under A.R.S. § 49-287.03. The community involvement plan shall:

1.        Be updated annually and shall provide information, if applicable,   regarding  the  establishment   of  a  selection

committee and community advisory board. The plan also shall provide for the following required activities:

a.         Notification to interested persons of the availability of the work plan developed under R18-16-406(B) to implement the remedial investigation and the solici- tation of information from interested persons under R18-16-406(D) regarding the current and reasonably foreseeable uses of the land and waters of the state.

b.        Notice to the public of the opportunity to comment on the draft remedial investigation report developed under R18-16-406(F) and public meetings to estab- lish remedial objectives under R18-16-406(I).

c.         Notice to the public of the opportunity to comment on remedial objectives proposed under R18-16- 406(I)(5) and the availability of the final report pre- pared by the Department under R18-16-406(1).

d.        Notification to interested persons of the availability of the work plan developed under R18-16-407(B) to implement the feasibility study.

e.         Notice to the public and notification to interested persons of the availability of the proposed remedial action plan prepared under R18-16-408(A) and of the opportunity to comment on the proposed reme- dial action plan.

f.         Notice to the public of the availability of the record of decision and responsiveness summary prepared by the Department under R18-16-410.

g.        Notice to the public and notification to interested persons of availability of and opportunity to com- ment on the operation and maintenance plan pre- pared under R18-16-411(E).

h.        Notice to the public and notification to interested persons of a request for approval of work under R18-16-413.

i.         Newsletters to be distributed to residents and inter- ested persons regarding the status of the remedial action and other pertinent information.

j.         Notice within the community involvement area regarding public meetings to provide and discuss information regarding sites on the registry.

k.        The location of and types of information contained in a public document repository.

l.         Notice to the public and notification to interested persons of a request for a waiver under A.R.S. § 49- 290.

m.       Notice to the public of field work that is conducted to remove contaminants of concern or that may result in noise, light, odor, dust or other adverse impacts off of the site.

n.        Notice to the public of a determination under R18- 16-416(B).

o.        Notice to the public of community advisory board meetings.

2.        Describe the following procedures for conducting each of the required activities listed in subsection (C)(1).

a.         Methods of notice and notification.

b.        Identification of a spokesperson to inform the public and act as a liaison.

c.         The means to identify interested persons to receive notices.

d.        Coordination of community involvement activities with the Department for community involvement conducted by persons other than the Department.

3.        In determining how the community involvement activi- ties are to be implemented, the Department shall consider the following:

a.         A community profile.

b.        Assessment of community concerns and issues through community interviews, public comment, and other means.

c.         Public health and environmental impacts.

D.      If the Department has not provided notice under A.R.S. § 49- 287.03(C) and has not prepared a community involvement plan under subsection (C) or adopted a plan under subsection (D)(1), a person who proposes to conduct remedial action work at a site on the registry shall either:

1.        Prepare a community involvement plan for the site according to the requirements set forth in subsection (C) and submit a request under R18-16-413 for the Depart- ment to approve the plan and adopt it as the community involvement plan for the site. The Department may approve and adopt a community involvement plan if the plan complies with the requirements of subsection (C).

2.        Conduct community involvement activities appropriate to the scope and schedule of the work performed including, as applicable, all of the following:

a.         For field work conducted to remove contaminants of concern or that may result in noise, light, odor, dust and other adverse impacts off of the site, provide

the public comment period to provide information concerning the proposed remedial action plan.

E.       Copies of notices and notifications required under this Section shall be provided to the Department five days before publica- tion, mailing, posting, or other distribution.

F.       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).