Section R18-16-405. Early Response Actions

A.      The Department or any person may perform an early response action if the action is initiated prior to selection of a remedy at a site under R18-16-410 and is necessary to:

1.        Address current risk to public health, welfare, and the environment;

2.        Protect or provide a supply of water;

3.        Address sources of contamination; or

4.        Control or contain contamination where such actions are expected to reduce the scope or cost of the remedy needed at the site.

	general public notice prior to conducting the work.	B.	The  method  or  technology  used  to  implement  the  early
	The general public notice may be in the form of sig-		response action shall be selected based upon best engineering,
	nage, direct mailing, door hangings, news articles, or		geological, or hydrogeological judgment following engineer-
	any other form of notice that is distributed in an		ing, geological, or hydrogeological standards of practice, con-
	manner  sufficient   to  reach  those  who  may  be		sidering the following information:
	impacted. The general public notice shall provide a		1.     Best available information characterizing the site;
	general description of the field work and anticipated		2.     Best available scientific information concerning available
	adverse impacts, and the name and telephone num-		remedial methods and technologies; and
	ber of a person who may be contacted for informa-		3.     Best available information regarding whether the technol-
	tion regarding the field work.		ogy or method could increase the scope or costs of possi-
b.	Prior to conducting a remedial action that will take		ble remedies for the site or result in increased risk to
	more than 180 calendar days to complete, provide		public health or welfare or the environment.
	general notice regarding the nature of the action and	C.	A written rationale shall be prepared for each early response
	establish a document repository accessible to the		action explaining how the early response action will achieve
	public where information regarding the site and the		the  applicable   goals  in  subsection  (A)  and  how  the  early
	remedial action is available for review. The general		response action is consistent with A.R.S. § 49-282.06(A). The
	notice may be in the form of fact sheets, newsletters,		written rationale shall identify the information used to select
	or news articles distributed by direct mailings, door		the early response action as provided in subsection (B), how
	hangings or any other method of distribution suffi-		that information was considered, and how the selected method
	cient to reach or be accessible to local government		or technology was selected. Performance of a remedial investi-
	agencies,  persons  within the  community involve-		gation or feasibility study shall not be required to select or
	ment area for the site and other persons who have		conduct an early response action.
	requested information regarding the site. Notice to	D.	A work plan shall be prepared for each early response action.
	affected water providers shall be by direct mail. The		Each work plan shall include:
	general notice shall describe the nature and progress		1.     A description of work to be done, a description of known
	of the remedial action, the location of the repository,		site conditions, and a plan for conducting the work;
	and provide the name and telephone number of a		2.     A description of community involvement activities for
	person  who  may  be  contacted   for  information		the early response action under R18-16-404; and
	regarding the remedial action. The document reposi-		3.     A schedule.
	tory  shall  be  accessible  during  normal  business	E.	If immediate action is necessary to address a current risk to
	hours and shall contain all documents and informa-		public health or the environment, to protect a source of water,
	tion required to be prepared or maintained by this		or to provide a supply of water, the work plan and written
	Article and any other documents and information		rationale may be prepared and the community involvement
	deemed appropriate by the person conducting the		activities may be conducted after commencement of the early
	work. An updated general notice shall be provided at		response action.
	least once per year while the remedial action is being	F.	Approval of an early response action under this Section does
	conducted.		not constitute approval of the remedy for the site. The remedy
c.	Comply with the process for establishing remedial		for a site where an early response action is conducted shall be
	objectives  under  R18-16-406(F)   through  R18-16-		selected in accordance with R18-16-406 through R18-16-410.
	406(1).		An early response action may be addressed, incorporated and
d.	Provide notice of the availability of the proposed		modified as needed in the remedy selected under R18-16-410.
	remedial  action  plan   prepared  under  R18-16-408	G.	After the Department has issued notice under A.R.S. § 49-
	and convene a public meeting prior to the close of		287.03 for a site or a portion of a site, a person conducting an

early response action at a site or portion of a site shall notify the Department, in writing, of the early response action. The notice shall contain a brief description of the early response action and shall be given at least 15 calendar days before the early response action is commenced, or as soon thereafter as practicable depending upon the exigencies of the circum- stances. If the early response action has commenced before the Department issues notice under A.R.S. § 49-287.03, written notice of the early response action shall be given within 15 cal- endar days after the Department’s notice is given. After notice of a proposed remedial action plan has been given under R18- 16-408(C), an early response action may be initiated only after the Department has approved the early response action.

H.       Any person may submit a request to the Department under R18-16-413 to approve an early response action or a work plan for an early response action. The request shall include the work plan and the written rationale for the early response action. The Department shall approve the work plan or early response action if it complies with the following:

1.        The requirements of this Section and A.R.S. § 49- 282.06(A);

2.        Community involvement activities under R18-16-404;

3.        The work plan provides for modifications to address unknown or changed conditions; and

4.        Any applicable requirements of R18-16-411 and R18-16- 412.

I.         In considering whether an early response action is necessary to protect or provide a supply of water because a well is threat- ened by contamination, a well located in the area within 1/4 mile upgradient, 1/2 mile cross-gradient and 1 mile downgra- dient of the areal extent of contamination at the site shall be presumed to be threatened by the contamination. This pre- sumption may be rebutted by evidence of local hydrology, geology, or geochemistry or by available information regard- ing the capture zone or rate of flow. In considering whether wells a greater distance from the areal extent of contamination are threatened, any evidence regarding local hydrology, geol- ogy, geochemistry, zone of capture, or rate of flow may be considered.

Historical Note

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

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