Section R18-16-413. Approval of Remedial Actions Under A.R.S. § 49- 285(B)

A.      Any person who seeks approval of a remedial action at a site or a portion of a site on the registry under A.R.S. § 49-285(B) shall submit a written request to the Department that contains all of the following:

1.        The name and address of the person submitting the request and the nature of the relationship of the person to the site, if any.

2.        The location and boundaries of the site or portion of the site addressed by the remedial action

3.        The nature, degree, and extent of the hazardous substance contamination, if known.

4.        A description of any remedial action performed before the request is submitted.

5.        A work plan for any remedial action to be performed after the request is submitted.

6.        A demonstration of how the remedial action complied, or will comply, with this Article.

7.        A proposal for public notice and an opportunity for public comment on the application for approval under this Sec- tion. The proposal shall include a list of the names and addresses of persons whom the applicant believes to be responsible parties under A.R.S. § 49-283 and a summary of the basis for that belief.

8.        An agreement in which the person requesting the approval agrees:

a.         To grant access to the Department as necessary to evaluate the request for approval.

b.        To reimburse the Department for the Department’s costs under subsection (G).

9.        An original seal imprint and signature of a registered pro- fessional if required by the Arizona Board of Technical Registrations under A.R.S. Title 32, Chapter 1 and the rules made under that Chapter.

B.       A request for approval under this Section may be combined with a no further action request under R18-16-414.

C.      The Department may request additional information necessary to evaluate or to take action on the request for approval.

D.      The Department shall provide notice of the request for approval and of the opportunity to comment on the request for approval.

E.       The Department shall, after considering public comments, approve a remedial action under this Section if the Department

determines that the remedial action is in substantial compli- ance with this Article. The Department’s approval shall be in writing and shall state the basis for the approval.

F.       The Department may deny approval of a remedial action under this Section if the remedial action does not meet the require- ments of this Article, may request additional information, may request modification of the remedial action, or may condition approval of the remedial action on modifications necessary to achieve substantial compliance with this Article.

G.      The person making the request for approval shall reimburse the Department for the total reasonable cost of the Depart- ment’s review and action under this Section, including costs of notices, unless the Department waives all or part of the reim- bursement. The total reasonable costs include direct and indi- rect costs to the Department in conducting these activities.

H.      Approval of a remedial action under this Section does not con- stitute approval of the costs of conducting the remedial action.

I.        A remedial action approved by the Department under this Sec- tion shall be deemed to be in substantial compliance with this Article. The Department’s approval under this Section is not required to preserve any right to recover remedial action costs under A.R.S. § 49-285.

Historical Note

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

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