Section R18-16-411. Design, Implementation, Operation and Mainte- nance of the Early Response Action or Remedy.

A.      Any person who intends to implement all or any portion of a remedy or an early response action shall obtain the Depart- ment’s approval when required in either a record of decision or under subsection (C) or (E). The design and implementation of the remedy shall conform with the remedial action plan as adopted in the record of decision.

B.       If the remedy or an early response action includes well replacement or provision of an alternative water supply, the Department or any person developing the design shall consult with the affected well owner or water provider. For a well owner, the design of that portion of the remedy or early response action shall meet the well owner’s water quality and quantity needs in accordance with A.R.S. § 49- 282.06(B)(4)(b) and R18-16-407(G). For a water provider, the design of that portion of the remedy or early response action shall:

1.        Comply with laws and regulations governing the water provider’s obligations to its customers;

2.        Be implementable without significant alteration of the water provider’s existing system; and

3.        Meet the water provider’s water quality and quantity needs in accordance with A.R.S. § 49-282.06(B)(4)(b) and R18-16-407(G).

C.      The Department’s approval of the design of any water treat- ment facilities is required prior to the construction as part of the remedy or an early response action. The design shall be based on an evaluation of potential treatment system failure that could affect public health and shall incorporate safeguards including any site-specific engineering and operation controls necessary to assure protection of public health against such failure. The safeguards shall incorporate, at a minimum, if applicable to the technology:

1.        Monitors and alarms on all key treatment system compo- nents, e.g. power, air flow.

2.        Automatic termination of discharge from the treatment system when monitors detect abnormal operation of key treatment system components.

D.      If operation and maintenance of a remedy following comple- tion of construction are necessary to ensure the continued achievement of the remedial objectives, an operation and maintenance plan shall be prepared and implemented.

E.       The Department’s approval of an operation and maintenance plan shall be required for each WQARF site where the remedy or an early response action involves treatment of water to remove contaminants of concern at the site. The community advisory board, if one has been established for the site, shall be provided with the opportunity to comment on the operations and maintenance plan. Notice and community involvement shall be in accordance with R18-16-404. The operation and maintenance plan shall include:

1.        Certification by the Department that the elements of the operations and maintenance plan adequately protect pub- lic health against treatment system failure.

2.        A schedule and plan for water quality monitoring.

3.        A requirement that affected water providers receive a copy of the completed application and a copy of the final permit for any National Pollutant Discharge Elimination System permit for the site.

4.        A process for the treatment system operator to promptly notify potentially affected water providers of a failure of a key treatment system component that could affect the quality of a discharge of treated water.

5.        For a discharge to a water of the United States, opera- tional, maintenance and management practices to assure achievement of water quality discharge standards estab- lished in 18 A.A.C. 11 prior to the point of discharge for those volatile organic compounds which are contami- nants of concern at the site.

F.       Any person who intends to implement any portion of a remedy may request the Department to approve the design or the oper- ation and maintenance plan. A request for approval of a reme- dial design shall be submitted in accordance with R18-16-413. The Department shall approve any remedial design that is in compliance with this Section and the remedial action plan as adopted in the record of decision.

G.      The well owner or water provider whose water use is being addressed may, in its sole discretion, elect to construct, oper- ate, or construct and operate the water treatment, well replace- ment or alternative water supply component of the remedy or early response action which is designed to address its use. This election shall not alter the responsibility of the Department or any person under A.R.S. Title 49, Chapter 2, Article 5 to fund all or a portion of the remedy or early response action. The well owner or water provider shall enter into a written agree- ment with the appropriate person that will govern the terms of the construction, operation or construction and operation of the water treatment, well replacement or alternative water sup- ply component of the remedy.

Historical Note

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

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