Section R18-5-116. Initial Grading and Regrading of Facilities


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  • A.       The Department shall act under A.R.S. Title 41, Chapter 6, Article 10 and 18 A.A.C. 1, Article 2 when initially grading or when regrading a facility.

    B.       If it is determining the initial grade of a facility or whether to regrade a facility, the Department shall consider the facility characteristics in R18-5-114 and R18-5-115, and whether:

    1.        The facility has special design features or characteristics that make it unusually difficult to operate;

    2.        The water or wastewater is unusually difficult to treat;

    3.        The facility uses effluent; or

    4.        The facility poses a potential risk to public health, safety or welfare.

    C.       The owner of a facility that is regraded under this Article shall ensure that the facility is operated by an operator, in compli- ance with this Article, no later than one year from the effective date of the facility regrading.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R.

1171, effective February 16, 2001 (Supp. 01-1).