Section R18-9-106. Determination of Applicability

A.      A person who engages or who intends to engage in an opera- tion or an activity that may result in a discharge regulated under Articles 1, 2, and 3 of this Chapter may submit a request, on a form provided by the Department, that the Department determine the applicability of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter to the operation or activity.

B.       A person requesting a determination of applicability shall pro- vide the following information and the applicable fee under 18

A.A.C. 14:

1.        The name and location of the operation or activity;

2.        The name of any person who is engaging or who pro- poses to engage in the operation or activity;

3.        A description of the operation or activity;

4.        A description of the volume, chemical composition, and characteristics of materials stored, handled, used, or dis- posed of in the operation or activity; and

5.        Any other information required by the Director to make the determination of applicability.

C.      Within 45 days after receipt of a request for a determination of applicability, the Director shall notify in writing the person making the request that the operation or activity:

1.        Is not subject to the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or facility does not discharge as described under A.R.S. § 49-241;

2.        Is not subject to the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or activity is exempted by A.R.S. § 49-250 or R18-9-103;

3.        Is eligible for a general permit under A.R.S. §§ 49- 245.01, 49-245.02 or 49-247 or Article 3 of this Chapter, specifying the particular general permit that would apply if the person meets the conditions of the permit; or

4.        Is subject to the permit requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter.

D.      If, after issuing a determination of applicability under this Sec- tion, the Director concludes that the determination or the infor- mation relied upon for a determination is inaccurate, the Director may modify or withdraw its determination upon writ- ten notice to the person who requested the determination of applicability.

E.       If the Director determines that an operation or activity is sub- ject to the requirements of A.R.S. §§ 49-241 through 49-252, the person who owns or operates the discharging facility shall, within 90 days from receiving the Director’s written notifica- tion, submit an application for an Aquifer Protection Permit or a closure plan.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Amended 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, effective November 12,

2005 (05-3).