Section R18-9-105. Permit Continuance

A.      Continuance.

1.        Groundwater Quality Protection Permits.

a.         Subject to R18-9-104 and other provisions of this Section, a Groundwater Quality Protection Permit issued before September 27, 1989 is valid according to the terms of the permit until replaced by an Aqui- fer Protection Permit issued by the Department.

b.        A person who owns or operates a facility to which a Groundwater Quality Protection Permit was issued is in compliance with Articles 1, 2, and 3 of this Chapter and A.R.S. Title 49, Chapter 2, Article 3, if the facility:

i.         Meets the conditions of the Groundwater Qual- ity Protection Permit; and

ii.        Is not causing or contributing to the violation of any Aquifer Water Quality Standard at a point of compliance, determined by the criteria in

A.R.S. § 49-244.

2.        Notice of Disposal. A person who owns or operates a facility for which a Notice of Disposal was filed before September 27, 1989 complies with Articles 1, 2, and 3 of this Chapter and A.R.S. Title 49, Chapter 2, Article 3 if the facility is not causing or contributing to the violation of an Aquifer Water Quality Standard at a point of com- pliance, determined by the criteria in A.R.S. § 49-244.

3.        Aquifer Protection Permit application submittal. A per- son who did not file a Notice of Disposal and does not possess a Groundwater Quality Protection Permit or an Aquifer Protection Permit for an existing facility, but sub- mitted the information required in applicable rules before December 27, 1989, is in compliance with Articles 1, 2, and 3 of this Chapter only if the person submitted an Aquifer Protection Permit application to the Department before January 1, 2001.

B.       Applicability. Subsection (A) applies until the Director:

1.        Issues an Aquifer Protection Permit for the facility,

2.        Denies an Aquifer Protection Permit for the facility,

3.        Issues a letter of clean closure approval for the facility under A.R.S. § 49-252, or

4.        Determines that the person failed to submit an application under R18-9-104.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3).

Amended effective November 12, 1996 (Supp. 96-4). Sec- tion repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Amended by final rulemaking at 11 A.A.R. 4544, effec- tive November 12, 2005 (05-3).