Section R18-16-415. Soil Remediation

A.      Soil remediation may be conducted as part of a remedy selected under R18-16-410 or may be conducted by any per- son at a site or portion of a site on the registry prior to the selection of a remedy if the following requirements are met:

1.        The soil remediation is performed in accordance with

A.R.S. § 49-152 and 18 A.A.C. 7, Article 2.

2.        Community involvement activities are conducted in accordance with R18-16-404.

3.        A notice of remediation under R18-7-209 is prepared and submitted to the Department before the remediation is conducted. The notice of remediation shall be accompa- nied by a written report including the information described in R18-16-406(C)(1), (2), and (3). If the Department has issued a notice under A.R.S. § 49-287.03 for the site or portion of a site, the notice of remediation shall be submitted to the Department 15 calendar days before commencing the remediation or, if the remediation has commenced prior to the Department’s notice, within 15 calendar days after the Department’s notice is given.

B.       Submission of the information required under subsection (A) to the Department shall not be considered to be an approval of the soil remediation. Approval of a work plan for soil remedia- tion work to be performed or approval for remediation per- formed under this Section may be obtained by submitting a request under R18-16-413. The Department shall approve the request if the request demonstrates that the soil remediation was conducted in accordance with this Section.

C.      The Department may request any additional information regarding the soil remediation in accordance with A.R.S. § 49- 288.

D.      The Department may include information regarding soil reme- diation conducted under this Section in a record of decision for a remedy for the site or portion of the site under R18-16-410.

Historical Note

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

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