Section R18-7-209. Letter of Completion or Alternative Closure Doc- ument

A.      If a person requests a Letter of Completion or an alternative closure document, a person shall submit, at a minimum, the following information to the applicable Departmental program listed in R18-7-202(A) or described in R18-7-202(B):

1.        A description of the actual activities, techniques, and technologies used to remediate soil at the site, including the legal mechanism in place to ensure that any institu- tional and engineering controls are maintained.

2.        Documentation that requirements prescribed in R18-7- 203(A) and R18-7-203(B)(1) and (2) have been satisfied.

3.        If the Department determines pursuant to R18-7- 203(B)(3) that an ecological risk assessment is required, documentation that the requirements prescribed in R18-7- 203(B)(3) have been satisfied.

4.        Soil sampling analytical results that are representative of the area remediated, including documentation that the laboratory analysis of samples has been performed by a laboratory licensed by the Arizona Department of Health Services under A.R.S. § 36-495 et seq. and 9 A.A.C. 14, Article 6.

5.        A statement signed by the person conducting the remedi- ation certifying the following: I certify under penalty of law that this document and all attachments are, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submit- ting false information, including the possibility of a fine and imprisonment for knowing violations.

B.       The applicable Departmental program described in R18-7- 202(A) or R18-7-202(B) shall evaluate the information described in R18-7-209(A). The Department may request additional information, or if the Department verifies compli- ance with the soil remediation standards set forth under this Article and closure requirements of the applicable program or programs identified in R18-7-202(A) or described in R18-7- 202(B), the Department shall issue a Letter of Completion, or an alternative closure document provided for by statute or rule that certifies the soil standards in this Article have been achieved.

C.      The applicable Departmental program described in R18-7- 202(A) or R18-7-202(B) may revoke or amend any Letter of Completion or alternative closure document described in R18- 7-209(B) if any of the information submitted pursuant to R18- 7-208 or R18-7-209(A) is inaccurate or if any condition was unknown to the Department when the Department issued the Letter of Completion or alternative closure document.

Historical Note

Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-208 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Former R18-7-209 renumbered to R18-7- 210; new R18-7-209 renumbered from R18-7-208 and amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).