Section R18-7-210. Notice of Remediation and Repository

A.      A person conducting soil remediation shall submit a Notice of Remediation to the applicable Departmental program listed in R18-7-202(A) or R18-7-202(B) before beginning remediation. A person conducting a soil remediation to address an immedi- ate and substantial endangerment to public health or the envi- ronment and who has notified the Department in accordance with notification requirements prescribed in A.R.S. § 49-284 is not required to submit a Notice of Remediation before beginning remediation. Any person who continues soil reme- diation after the immediate and substantial endangerment has been abated shall submit a Notice of Remediation. A Notice of Remediation shall include all of the following information:

1.        The name and address of the real property owner;

2.        The name and address of the remediating party;

3.        A legal description and street address of the property;

4.        A list of each contaminant to be remediated;

5.        The background concentration, SRL, or site-specific remediation level selected to meet the remediation stan- dards;

6.        A description of the current and post-remediation prop- erty use as either residential or non-residential;

7.        The rationale for the selection of residential or non-resi- dential remediation; and

8.        The proposed technologies for remediating the site.

B.       The Department shall maintain a repository available to the public for information regarding sites where soil is remedi- ated. The Repository shall include a listing of sites for which a Notice of Remediation has been submitted or a Letter of Com- pletion or alternative closure document has been issued.

1.        For sites where a Notice of Remediation has been filed, the Repository shall contain the date the notice was filed and the information submitted as described in subsection (A).

2.        For sites where a Letter of Completion or alternative clo- sure document has been issued, the Repository shall con- tain the following:

a.        The name and address of the real property owner;

b.        The name and address of the remediating party;

c.        A legal description and street address of the prop- erty;

d.        A listing of each contaminant that was remediated;

e.        The background concentration, SRL, or site-specific remediation level selected to meet the remediation standard;

f.         A description whether the residential or non-residen- tial standard was achieved;

g.        A  description   of  any  engineering  or  institutional control used to remediate the site; and

h.        The date when the Letter of Completion or alterna- tive closure document was issued.

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). Section R18-7-210 renumbered from R18- 7-209 and amended by final rulemaking at 13 A.A.R.

971, effective May 5, 2007 (Supp. 07-1).