Section R18-16-414. Determination of No Further Action

A.      The Department shall determine that no further action is nec- essary at a site or a portion of a site if, based upon the informa- tion submitted under A.R.S. § 49-287.01, the  Department finds that the site or portion of the site does not present a sig- nificant risk to the public health, welfare, or the environment. The determination may be made by the Department based upon any of the following:

1.        A finding by the Department that the requirements of

A.R.S. § 49-152 and 18 A.A.C. 7, Article 2 have been met shall be sufficient to support a determination that no further action is necessary for soils at the site or a portion of the site.

2.        A finding by the Department that no hazardous sub- stances at the site or a portion of the site have impacted or will impact groundwater shall be sufficient to support a determination that the site or a portion of the site does not present a significant risk to groundwater.

3.        The determination of no further action for waters of the state at a site or a portion of the site may be made by the Department based upon any of the following:

a.         A finding that the site or portion of a site has been remediated  under  a  Title  49  program  other  than

A.R.S. Title 49, Chapter 2, Article 5.

b.        A finding that the release of a hazardous substance does not and will not exceed water quality standards in Title 18, Chapter 11 or if there is no water quality standard, a risk level approved by the Department to protect public health, welfare, and the environment.

c.         A finding that there is no current or reasonably fore- seeable use of water that would be impaired by the release, as determined by information collected under R18-16-406.

B.       A determination of no further action for a site or a portion of a site shall be published in the registry.

C.      If the remedial action for which a no further action determina- tion is sought under this Section has not been previously approved by the Department, the submittal under subsection

(A) may be accompanied by a request for approval of the remedial action under R18-16-413.

Historical Note

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

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