Section R18-16-410. Record of Decision

A.      After the conclusion of all required public comment periods prescribed by A.R.S. § 49-287.04, the Department shall pre- pare a record of decision regarding the proposed remedial action plan. However, any person may prepare a proposed record of decision for consideration by the Department under R18-16-413 by submitting copies of the final remedial investi- gation report, the final feasibility study report, the proposed remedial action plan, all public comments and a proposed record of decision.

B.       The record of decision shall contain the following:

1.        A description of the remedy, including a description of any differences from the proposed remedial action plan.

2.        A comprehensive responsiveness summary regarding all comments received on the proposed remedial action plan.

3.        A description of how the process for selecting the remedy complied with A.R.S. Title 49, Chapter 2, Article 5 and this Article, including all public comment and commu- nity involvement requirements.

4.        A demonstration that the remedy selected will achieve the remedial  objectives   selected  in  R18-16-406   and  will

remain in place as long as necessary to ensure continued achievement of those objectives.

5.        A demonstration that the remedy selected meets the requirements of A.R.S. § 49-282.06 and this Article.

6.        A time for commencing implementation of the remedy and a specific time period for completing the remedy.

7.        The total estimated cost of the remedy.

8.        A time-frame for review of the remedy to determine the effectiveness of the remedy in achieving the remedial objectives.

C.      The total estimated cost of the remedy shall include:

1.        Remedial action costs other than nonrecoverable costs incurred by the Department, including credit given in a settlement.

2.        Remedial action costs other than nonrecoverable costs incurred by the state.

3.        Remedial action costs other than nonrecoverable costs that have been approved by the Department under R18- 16-409.

4.        Projected future remedial action costs other than nonre- coverable costs.

D.      The record of decision shall be issued only by the Department. Notice of the record of decision shall be provided under A.R.S. § 49-287.04(G) and R18-16-404.

E.       A record of decision may be amended in accordance with

A.R.S. § 49-289(B), (C), and (D).

Historical Note

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

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