# REVISED APPLICATION FOR DETERMINATION OF PROGRAM ADEQUACY

SOLID WASTE LANDFILL PERMIT PROGRAM MODIFICATION

STATE OF ARIZONA

JUNE 2010

## 2 Introduction

Section 400 5 (c)(1)(B) of the Resource Conservation and Recovery Act (RCRA), as amend ed by the Hazardous and Solid Waste Amendments (HSWA) of 1984, [ 42 U.S.C. 6945(c)(1)(B) ] , requires states to develop and implement regulatory programs to ensure tha t municipal s o lid waste landfill facilities (MSWLFs) which may receive hazardous household w aste or small quantity generator hazardous waste will comply with the revised federal MSWLF criteria, codified at 40 CFR Part 258. Section 4005(c)(1)(C) of RCRA requires the Environmental Protection Agency (EPA) to determine whether states have adequate re gulatory programs for MSWLFs. Arizona applied for a determination of adequacy under Section 4005 of RCRA over fifteen years ago. Following a public comment period, EPA issued a final determination that Arizona’s MSWLF program is adequate and that determina tion became effective on December 19, 1994. The State of Arizona has the authority to enforcement the requirements of its MSWLF program at all MSWLFs in the state, with the exception of those located on Tribal Lands. All of the requirements and obligatio ns in the State’s MSWLF program are in effect as a matter of state law. The Arizona Department of Environmental Quality (ADEQ) is the lead agency responsible for developing and implementing a comprehensive regulatory program for sol id waste management thro ughout the state (Tribal Lands excluded). ADEQ is submitting this revised application for determination of program adequacy solely for the purpose of obtaining approval to issue research, development, and demonstration permits for new and existing MSWLFs. Arizona has adopted the version of 40 CFR Part 258 that was in effect on May 1, 2004 by reference. The regulations in 40 CFR § 258 that were in effect on that date include the research, development, and demonstration permit program. This application inclu des the components as required by 40 CFR P art 239

– Requirements f

or State Permit Program Determination o f Adequacy ; those requirements being 1) a transmittal letter, signed by the State Director, requesting program approval; 2) a narrative description of the state program; 3) a legal certification; and 4) copies of all applicable state statutes, regulations, and guidance.

## 3 Narrative Description of State Permit Program Pursuant to 40 CFR § 239.4, the description of a state’s program must include specified elements. The narrative s following the federal citations listed below demonstrate Arizona’s compliance with the required elements as stated in those cita tions.

§ 239.4(a) The Arizona Department of Environmental Quality (ADEQ) is the state agency charge d with implementing a comprehensive solid waste program. Local environmental health or public health agencies have some solid waste regulatory authorities through delegation agreements or local ordinances, however, the authority to permit landfills resides entirely with ADEQ. The permitting program for municipal solid waste landfills is implemented by ADEQ without overlapping jurisdiction from any other state or local agencies, and incorporates the federal requirements of 40 CFR Part 258 by reference in Ari zona Revised Statutes (ARS) § 49

- 761(B) with the exception of the entirety of Table I. In lieu of Table I, ARS § 49

- 761(B)(2), adopts aquifer water quality standards adopted by the D epartment pursuant to ARS § 49

- 223 but shall use those portions of Table I that are more restrictive than the standards adopted pursuant to ARS § 49

- 223. ADEQ reviews and approves solid waste facility plans prior to landfills being placed into operation. Modifications to operating landfills are also reviewed and approved, if i n compliance, by ADEQ.
Pursuant to ARS § 49

- 762.03, the owner of a solid waste facility, including municipal solid waste landfills, shall obtain ADEQ’s approval of a solid waste facility plan. For new facilities, the plan must be approved prior to commen cing construction. The procedures for solid waste facility plan review are found at ARS § 49

- 762.04. The procedures are as follows.

- Within thirty days after receipt of a solid waste facility plan, ADEQ will issue a written determination of whether the pla n is administratively complete. ADEQ may request additional information from the applicant within the thirty day period. ADEQ will issue a written administrative completeness determination with fifteen days of receipt of the additional information.

- Within thirty days after an administrative completeness determination for a new solid waste facility, ADEQ will issue a publi c notice of the proposed facility. The notice will describe the facility and request comments on the proposed plan.

- Within sixty days afte r an administrative completeness determination for a new facility, ADEQ will provide the applicant with a comprehensive list of any technical deficiencies in the plan.

- Following receipt of the applicant’s response to the list of technical deficiencies, if applicable, ADEQ will issue a written decision to approve or disapprove of the plan. This determination is made within ninety days of an

## 4 administrative completeness determination, however the time may be extended due to the lapse in time that results from the issuance of technical deficiencies list.

- If there is sufficient public interest, ADEQ will hold a public hearing on its decision to approve the plan within forty

- five days after the date of approval.

- ADEQ will issue a responsiveness summary on the comm ents received.

- The summary is made public within thirty days after the public hearing. If the D epartment is made aware of a technical deficiency during the hearing process, additional time is allowed for the D epartment to notify the applicant and for the applicant to correct the deficiency.

- ADEQ’s final decision on whether the plan is approved or disapproved is effective on the issuance of the responsiveness summary.
ARS § 49

- 762.06 requires that the owner or operator of an approved facility notify ADEQ o f certain types of modifications. Substantial modifications are required to be reviewed and approved by ADEQ , some of which require public notice. ADEQ will approve or deny an amended plan within ninety days after receipt of the amended plan. If a hearing is held, the time for a decision may be extended.

§ 239.4(b)

ARS § 49

- 761(B), adopts 40 CFR Part 258 by reference , except that T able I is not adopted in its entirety. ADEQ is to use the aquifer water quality standards that have been adopted by the Depa rtment pursuant to § 49

- 223 and is to use those portions of T able I that are more restrictive than the standards adopted pursuant to § 49

- 223. Arizona statutes also allow ADEQ to adopt rules for municipal solid waste landfills, which ADEQ has not yet done. However, if and when rules are adopted, they can not be more stringent than or conflict with 40 CFR P art 258 for nonprocedural standards, except that the Department may adopt aquifer protection standards that are more stringent than 40 CFR P art 258 if tho se standards are consi s tent with the state’s aquifer protection permit program. ARS § 49

- 701(12) defines 40 CFR part 258 as 40 Code of Federal Regulations part 258 in effect on May 1, 2004. As stated above, ADEQ incorporates the requirements of 40 CFR Par t 258 by reference. For new facilities, ADEQ utilizes a checklist that includes all 40 CFR Part 258 requirements to ensure that all items are included in the original application. New facilities undergo a rigorous detailed substantive (engineering) review to ensure that the design standards and siting criteria of Subtitle D are met. Lastly, a Master Facility Plan Approval (MFPA) or permit, which incorporates the design standards of Subtitle D as well as compliance/ enforcement authority is authorized by the Waste Programs Division Director and issued to the owner/operator. Existing facilities are also held accountable to Subtitle D requirements by the MFPA. Any proposed changes to solid waste facilities undergo the same rigorous review process as described a bove and ADEQ will amend the MFPA to reflect the changes. This authority is granted to ADEQ pursuant to ARS § 49

- 762.06.

## 5

§ 239.4(c) 40 CFR§ 239.6, Permitting requirements The following demonstrates that ADEQ meets the requirements of this section of 40 CFR: 40 CFR § 239.6(a)(1) [documents for permit determinations]: For new facilities this is satisfied by the public notice requirement of ARS § 49

- 762.04(A)(2) which requires a description of the facility type and requests public comments on proposed MFP As. In the event of a public hearing , a responsiveness summary is prepared and made public in accordance with ARS § 49

- 762.04(A)(8). For existing facilities modifications that are Type IV MFPA changes require public notice pursuant to ARS § 49

- 762.06(A)(4 ) which refers back to ARS § 49

- 762.04(A)(2) for the requirements and to ARS § 49

- 762.04(A)(8) for the responsiveness summary. In addition the ADEQ Records Center routinely makes any non

- confidential documents available to the public for review/copying o n request. As stated on ADEQ’s website: “ It is the policy of ADEQ to recognize the public's right of access to public records based on Arizona law. For more information see: ARS § 39

- 121 through § 39

- 161, ARS § 41

- 1330 through 1354 and ARS Title 49.”

40 C FR § 239.6(a)(2) [final determinations on permits]: On all new permits or permit modifications, the responsiveness summary includes the following [ ARS § 49

- 762.04(A)(8)(a) through (d)]: a copy of the public notice(s), a summary of significant public commen t, responses of the Department to the significant public comment and the final permit decision. In accordance with ARS § 49

- 762.04(A)(8), the responsiveness summary is sent to those persons that submitted written comments or presented testimony in response to notices and to those who request a copy of the responsiveness summary. 40 CFR § 239.6(b) [procedures to ensure public comments are considered]: This would be accomplished through public comment, the public hearing process and any required responsivene ss summary as described above. 40 CFR § 239.6(c) [description of procedures]: See above. 40 CFR § 239.6(d) [authority to collect all info]: For new facilities, ARS § 49

- 762. 04 (A)(1) allows for an administrative completeness determination and the ability to request additional information. ARS § 49

- 762.04(A)(3) allows a review of the technical components of a plan and the ability to request a response from the applicant to address the deficiencies.

## 6 For modifications to existing facilities ARS § 49

- 762.06(F ) refers back to ARS § 49

- 762.04(A)(3) for what information ADEQ can collect. 40 CFR § 239.6(e)(1) [new municipal solid waste landfill units]: For new facilities, ARS § 49

- 762.03(A)(1) requires that the owner or operator of a new solid waste facility obta in approval of a solid waste facility plan that satisfies rules adopted by the director. Because Arizona has adopted no other rules, A.R.S. 49

- 761(B) applies to these facilities which incorporates 40 CFR § 258 by reference with the exception of the entiret y of Table I as discuss ed above in (a), page 1

. 40 CFR § 239.6(e)(2) [existing municipal solid waste landfill units]: For existing facilities, ARS § 49

- 762.03(A)(2) required that the owner or operator of an existing solid waste facility subject to design and operating standards to file a solid waste facility plan with the Department by October 1, 1996. These plans were/are subject to ARS § 49

- 761(B) which incorporates 40 CFR § 258 by reference with the exception of the entirety of Table I as discussed und er § 239.4 (a) on page 3

. 40 CFR § 239.6(e)(3)(i) through (vii) [authority to impose adequate requirements to ensure compliance with 40 CFR § 258]: ADEQ’s authority to enforce 40 CFR § 258 requirements is found in ARS § 49

- 761(B) which incorporates the fed eral requirements of 40 CFR § 258 by reference with the exception of the entirety of Table I as discussed under § 239.4(a) on page 3

.

40 CFR § 239.6(f)(1) through (3) [non

- municipal, non

- hazardous waste disposal units that accept CESQG waste]: ADEQ does not allow CESQG waste in non

municipal landfills.
40 CFR § 239.7 , Requirements for compliance monitoring authority The following demonstrates ADEQ’s compliance monitoring authority as outlined in this section of 40 CFR:

40 CFR § 239.7 (a)(1), (a)(2) a nd ( a ) (3) [records, monitoring and site entry]: ADEQ reserves the right to conduct inspections of the landfill pursuant to Arizona Administrative Code ( A.A.C. ) R18

- 13

- 304, ARS §§ 49

- 763, 860 and 865. During the inspection, the ADEQ inspector may take photo graphs of activities, take samples and/or conduct other recognized monitoring activities.

40 CFR § 239.7 (b) [inspections]: See above.

40 CFR § 239.7 (c) [compliance monitoring program]: See above. In addition, inspections and compliance staff complete a r igorous training program upon being hired by ADEQ to ensure accuracy of collected information, that proper sampling techniques/analytical methods are utilized, that evidence is properly collected,

## 7 and that complaints and information from the public are h andled in a proper fashion. Staff also receives on

- going refresher training to ensure that agency standards are maintained.

40 CFR 239.8 , Requirements for enforcement authority The following language demonstrates ADEQ’s enforcement authority as outlined in this section of 40 CFR (all subsections): ADEQ reserves the right to issue administrative orders pursuant to ARS §§ 49

- 781 and 862 or to seek other legal remedies as provided by law if the landfill creates a public health hazard, safety hazard, or env ironmental nuisance, if violation of State law occurs, or if the landfill is in violation of the MFPA.

Pursuant to ARS § 49

- 782(A), ADEQ reserves the right to suspend, amend, withdraw, condition, or revoke this MFPA if it is determined that the facility i s in violation of ARS Title 49, Chapter 4, or any rule adopted thereunder.

40 CFR 239.9 , Intervention in civil enforcement proceedings Intervention in state courts is authorized by Rule 24 of the Arizona Rules of Civil Procedure. Rule 24 governs interven tion in civil causes of action in state trial courts that are based on solid waste violations. Rule 24(a) states “Intervention of Right

- Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute confers an uncondition al right to intervene; or (2) when the applicant claims an interest relating to the property of transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede th e applicants ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties. ” Courts view intervention under this rule as remedial in nature and construe that right broadly “to assist parties seeking to obta in justice in protecting their rights.” ( Dowling v. Stapley , 211 P.3d 1235, 1254 [Arizona Appellate Division 1 2009].)
ARS § 41

- 1092.03(B) governs intervention in a matter by a party who will be adversely affected by the appealable agency action: "A not ice of appeal or request for a hearing also may be filed by a party who will be adversely affected by the appealable agency action or contested case and who exercised any right provided by law to comment on the action being appealed or contested, provided that the grounds for the notice of appeal or request for a hearing are limited to issues raised in that party's comments." (see http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01092

- 03.htm&Title=41&DocType=ARS )

## 8

§ 239.4(d) In Arizona, 140 municipal solid waste landfill units received waste on or after O ctober 9, 1991. There have been no non

- municipal, non

- hazardous waste disposal units that received conditionally exempt small quantity generator (CESQG) hazardous waste on or after January 1, 1998.
§ 239.4(e) The solid waste landfill permitting functions are performed by the Solid Waste Plan Review Unit, which is housed in the Permits Section of the Waste Programs Division. The Permits Section Manager provides overall program management to the Solid Waste Plan Review Unit, as well as to the Hazardous Wast e Permits Unit. There are six positions in the Solid Waste Plan Review Unit, one of which is vacant. The unit is supervised by a Senior Environmental Engineer, and is staffed by two Environmental Engineers (one of which is vacant), an Environmental Enginee ring Specialist, and two Environmental Program Specialists. Administrative support is provided by an Administrative Assistant II at the Section level. If needed, due to workload, regulatory time frames for permit issuance , and the complexity of some projec ts, third party engineering review assistance is utilized through a procurement contract. Duties of the Solid waste Plan Review Unit consist of the following:

Staff Position Duties Number of Staff Manager (P.E.) (Senior Environmental Engineer) financial assurance, permit/engineering review, aquifer protection permit (APP) reviews for non

municipal landfills, program management 1

Environmental Engineer (P.E.) technical staff, permit/engineering review, drafting APPs 2 (1 is vacant) Engineering Speciali st technical staff, permit/engineering review, drafting APPs, biohazardous medical waste transporter/treatment technology/facility reviews 1

Environmental Program Specialist non

- technical staff, administrative completeness reviews for all applications, se ptage

- hauler licenses, data management 2

Permits Section Manager (P.E.) solid waste & hazardous waste permits, overall program management of Permits Section 1

If permit program enforcement is necessary, the Solid Waste Plan Review Unit is supported by the Solid Waste Inspections and Compliance Unit. The Solid Waste Inspections and Compliance Unit conducts routine inspections, follow

- up inspections, and complaint investigations of solid waste facilities, in addition to informal and formal enforcement act ivities. There are eleven positions in the Solid Waste Inspections and

## 9

Compliance Unit , four of which are vacant. The Unit is supervised by an Environmental Program Supervisor, and is staffed by an Environmental Program Supervisor, an Environmental Enginee ring Specialist, six Environmental Program Specialists (two are vacant) , and two Environmental Health Specialists ( both are vacant)

. The Inspections and Compliance Section Manager provides overall program management to the Solid Waste Inspections and Compl iance Unit, as well as to the Hazardous Waste Inspections and Compliance Unit, the Underground Storage Tank Inspections and Compliance Unit, and the Underground Storage Tank Enforcement Unit. Administrative support is provided by an Administrative Assistan t II at the Section level , and an Administrative Secretary II within the Underground Storage Tank Enforcement Unit

.

Staff Position Duties Number of Staff Manager (Environmental Program Supervisor) Supervise s the work of 10 staff members assigned to the inspections of solid waste facilities, including review staff inspections reports and enforcement documents related to solid waste facility. Oversees escalated enforcement activities related to Solid Waste. 1

Environmental Program Supervisor Mans the soli d waste telephone hotline, assisting customers with solid waste questions and takes citizen solid waste complaints. Enters complaints into complaint database. Assists with solid waste database entry. 1

Team Leader (Environmental Engineering Specialist) As sists with review of staff inspection reports and enforcement documents / coordinates with staff members for complaint prioritization 1

Environmental Program Specialist Conducts complaint and routine inspections of solid waste facility and if, applicable, develop enforcement actions to enforce solid waste regulations and permit requirements. 6 (2 are vacant)

Environmental Health Specialist II Conducts complaint and routine inspections of solid waste facility and if, applicable, develop enforcement actions to enforce solid waste regulations and permit requirements. 2 ( 2 are vacant)
Inspections and Compliance Section Manager Overall program management of the Inspections and Compliance Section, including Hazardous Waste, Solid Waste Inspections, Underground Storage Tanks (UST) Inspection and Compliance Units, and Leaking UST Enforcement Unit. 1

## 10

The Office of the Attorney General provides the program with legal support on all civil and criminal matters, including enforcement and litigation.
§ 239.4(f)

40 CFR§ 239.6, Permitting requirements. The following describes Arizona’s public participation procedures: 40 CFR § 239.6(a)(1) [documents for permit determinations]: For new facilities this is satisfied by the public notice requirement of ARS § 49

- 762.04(A) (2) which requires a description of the facility type and requests public comments on proposed MFPAs. In the event of a public hearing a responsiveness summary is prepared and made public in accordance with ARS § 49

- 762.04(A)(8). For existing facilities m odifications that are Type IV MFPA changes require public notice pursuant to ARS § 49

- 762.06(A)(4) which refers back to ARS § 49

- 762.04(A)(2) for the requirements and to ARS § 49

- 762.04(A)(8) for the responsiveness summary.
In addition the ADEQ Records C enter routinely makes any non

- confidential documents available to the public for review/copying on request. As stated on ADEQ’s website: “ It is the policy of ADEQ to recognize the public's right of access to public records based on Arizona law. For more in formation see: ARS § 39

- 121 through § 39

- 161, ARS § 41

- 1330 through 1354 and ARS Title 49.” 40 CFR § 239.6(a)(2) [final determinations on permits]: On all new permits or permit modifications, the responsiveness summary includes the following [ ARS § 49

- 762 .04(A)(8)(a) through (d)]: a copy of the public notice(s), a summary of significant public comment, responses of the Department to the significant public comment and the final permit decision. In accordance with ARS § 49

- 762.04(A)(8), the responsiveness su mmary is sent to those persons that submitted written comments or presented testimony in response to notices and to those who request a copy of the responsiveness summary. 40 CFR § 239.6(b) [procedures to ensure public comments are considered]: This would be accomplished through public comment, the public hearing process and any required responsiveness summary as described above. 40 CFR § 239.6(c) [description of procedures]: See above.

## 11 Applicable Statutes and Rules Chapter 1 PUBLIC RECORDS Article 2 Searches and Copies

39

- 121

. Inspection of public records Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.

39

- 121.01

. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index A. In this article, unless the context otherwise requires: 1. "Officer" means any person elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body. 2. "Public body" means the state, any county, city, town, school district, political subdivision or tax

- supported district in the state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, supported in whole or in part by monies from the state or any political subdivision of the state, or expending monies provided by the state or any political s ubdivision of the state. B. All officers and public bodies shall maintain all records, including records as defined in section 41

- 1350, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their a ctivities which are supported by monies from the state or any political subdivision of the state. C. Each public body shall be responsible for the preservation, maintenance and care of that body's public records, and each officer shall be responsible for t he preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sect ions 41

- 1347 and 41

- 1351. D. Subject to section 39

- 121.03: 1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public re cord not otherwise available on the public body's web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39

- 122 or 39

- 127 shall be furnished without charge. 2. If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. The custodian shall not in clude in the index information that is expressly made privileged or confidential in statute or a court order. This paragraph shall not be construed by an administrative tribunal or a court of competent jurisdiction to prevent or require an order compelling a public body other than an agency to furnish an index. For the purposes of this paragraph, "agency" has the same meaning prescribed in section 41

- 1001, but does not include the department of public safety,

## 12 the department of transportation motor vehicle d ivision, the department of juvenile corrections and the state department of corrections. 3. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which a person has a right to inspect, s uch person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be subject to the supervision of such custodian. E. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record or fails to provide to the requesting person an index of any record or categories of records that are withheld from production pursuant to subsection D, paragraph 2 of this section.

39

- 121.02

. Action on denial of access; costs and attorney fees; damages A. Any person who has requested to examine or cop y public records pursuant to this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body. B. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this article if the person seeking public records has substantially prevailed. Nothing in this paragraph shall limit the rights of any party to recover attorney fees pursuant to section 12

- 341.01, subsection C, or attorney fees, expenses and double damages pursuant to section 12

- 349. C. Any person who is wrongfully denied access to public records pursuant to this article has a
cause o f action against the officer or public body for any damages resulting from the denial.

39

- 121.03

. Request for copies, printouts or photographs; statement of purpose; commercial purpose as abuse of public record; determination by governor; civil penalty; definition A. When a person requests copies, printouts or photographs of public records for a commercial purpose, the person shall provide a statement setting forth the commercial purpose for which the copies, printouts or photographs will be used. Upon be ing furnished the statement the custodian of such records may furnish reproductions, the charge for which shall include the following: 1. A portion of the cost to the public body for obtaining the original or copies of the documents, printouts or photograp hs. 2. A reasonable fee for the cost of time, materials, equipment and personnel in producing such reproduction. 3. The value of the reproduction on the commercial market as best determined by the public body. B. If the custodian of a public record determi nes that the commercial purpose stated in the statement is a misuse of public records or is an abuse of the right to receive public records, the custodian may apply to the governor requesting that the governor by executive order prohibit the furnishing of copies, printouts or photographs for such commercial purpose. The governor, upon application from a custodian of public records, shall determine whether the commercial purpose is a misuse or an abuse of the public record. If the governor determines that th e public record shall not be provided for such commercial purpose the governor shall issue an executive order prohibiting the providing of such public records for such commercial

## 13 purpose. If no order is issued within thirty days of the date of application, the custodian of public records shall provide such copies, printouts or photographs upon being paid the fee determined pursuant to subsection A. C. A person who obtains a public record for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record f or a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses it for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which t he public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorney fees or shall be liable to the state or the poli tical subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records. D. For the purposes of this section, "commercial purpose" means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from pu blic records for the purpose of solicitation or the sale of names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of t he public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in any judicial or quasi

- judicial body.

39

- 122

. Free searches for and copies of public records to be used in claims against United States; liability for noncompliance A. No state, county or city, or any officer or board thereof shall demand or receive a fee or compensation for issuing certified copies of public records or for making search for them, when they are to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits which is to be presented to the United States or a bureau or department thereof. B. Notaries public shall not charge for an acknowledgment to a document which is to be so filed or presented. C. The services specified in subsections A and B shall be rendered on request of an official of the United States, a claimant, his guardian or attorney. For each failure or refusal so to do, the officer so failing shal l be liable on his official bond.

39

- 123

. Information identifying eligible persons; confidentiality; definitions A. Nothing in this chapter requires disclosure from a personnel file by a law enforcement agency or employing state or local governmental enti ty of the home address or home telephone number of eligible persons. B. The agency or governmental entity may release the information in subsection A of this section only if either: 1. The person consents in writing to the release. 2. The custodian of reco rds of the agency or governmental entity determines that release of the information does not create a reasonable risk of physical injury to the person or the

## 14 person's immediate family or damage to the property of the person or the person's immediate family

. C. A law enforcement agency may release a photograph of a peace officer if either: 1. The peace officer has been arrested or has been formally charged by complaint, information or indictment for a misdemeanor or a felony offense. 2. The photograph is req uested by a representative of a newspaper for a specific newsworthy event unless: (a) The peace officer is serving in an undercover capacity or is scheduled to be serving in an undercover capacity within sixty days. (b) The release of the photograph is not in the best interest of this state after taking into consideration the privacy, confidentiality and safety of the peace officer. (c) An order pursuant to section 28

- 454 is in effect. D. This section does not prohibit the use of a peace officer's photograp h that is either: 1. Used by a law enforcement agency to assist a person who has a complaint against an officer to identify the officer. 2. Obtained from a source other than the law enforcement agency. E. This section does not apply to a certified peace of ficer or code enforcement officer who is no longer employed as a peace officer or code enforcement officer by a state or local government entity. F. For the purposes of this section: 1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes. 2. "Commissioner" means a commissioner of the superi or court. 3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates. 4. "Eligible person" means a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement off icer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, p erson who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counterterrorism center in the department of public safety or victim of domestic violence or stalking who is protected under
an order of protection or injunction against harassment. 5. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the Arizona court of appeals, t he superior court or a municipal court. 6. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace. 7. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutoria l assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings. 8. "Peace officer" has the same meaning prescrib ed in section 13

- 105. 9. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney general or a United States attorney and includes an assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

## 15 1 0. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.

3 9

- 124

. Releasing information identifying an eligible person; violations; classification; definitions A. Any person who is employed by a state or local government entity and who, in violation of section 39

- 123, knowingly releases the home address or home te lephone number of an eligible person with the intent to hinder an investigation, cause physical injury to an eligible person or the eligible person's immediate family or cause damage to the property of an eligible person or the eligible person's immediate family is guilty of a class 6 felony. B. Any person who is employed by a state or local government entity and who, in violation of section 39

- 123, knowingly releases a photograph of a peace officer with the intent to hinder an investigation, cause physical injury to a peace officer or the peace officer's immediate family or cause damage to the property of a peace officer or the peace officer's immediate family is guilty of a class 6 felony. C. For the purposes of this section: 1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes. 2. "Commiss ioner" means a commissioner of the superior court. 3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates. 4. "Eligible person" means a peace officer, justice, judge, commissioner, public d efender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counterterrorism center in the department of public safety or victim of domestic viole nce or stalking who is protected under an order of protection or injunction against harassment. 5. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankrupt cy court, the Arizona court of appeals, the superior court or a municipal court. 6. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace. 7. "Law enforcement support staff member" means a person who serves in th e role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings. 8. "Pea ce officer" has the same meaning prescribed in section 13

- 105. 9. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney general or a United States attorney and includes an assistant or deputy United States attorney, county attorney, mu nicipal prosecutor or attorney general. 10. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county pub lic defender or county legal defender.

## 16 39

- 125

. Information relating to location of archaeological discoveries and places or objects included or eligible for inclusion on the Arizona register of historic places; confidentiality Nothing in this chapter requi res the disclosure of public records or other matters in the office of any officer that relate to the location of archaeological discoveries as described in section 41

- 841 or 41

- 844 or places or objects that are included on or may qualify for inclusion on the Arizona register of historic places as described in section 41

- 511.04, subsection A, paragraph 9. An officer may decline to release this information if the officer determines that the release of the information creates a reasonable risk of vandalism, t heft or other damage to the archaeological discoveries or the places or objects that are included on or may qualify for inclusion on the register. In making a decision to disclose public records pursuant to this section, an officer may consult with the dir ector of the Arizona state museum or the state historic preservation officer.

39

- 126. Federal risk assessments of infrastructure; confidentiality Nothing in this chapter requires the disclosure of a risk assessment that is performed by or on behalf of a f ederal agency to evaluate critical energy, water or telecommunications infrastructure to determine its vulnerability to sabotage or attack.

39

- 127. Free copies of police reports and transcripts for crime victims; definitions A. A victim of a criminal offe nse that is a part I crime under the statewide uniform crime reporting program or an immediate family member of the victim if the victim is killed or incapacitated has the right to receive one copy of the police report from the investigating law enforcemen t agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and th at is reasonably necessary for the purpose of pursuing a claimed victim's right. B. For the purposes of this section, "criminal offense", "immediate family" and "victim" have the same meanings prescribed in section 13

- 4401.

39

- 128. Disciplinary records of public officers and employees; disclosure; exceptions A. A public body shall maintain all records that are reasonably necessary or appropriate to maintain an accurate knowledge of disciplinary actions, including the employee responses to all disciplinary actions, involving public officers or employees of the public body. The records shall be open to inspection and copying pursuant to this article, unless inspection or disclosure of the records or information in the records is contrary to law. B. This secti on does not: 1. Require disclosure of the home address, home telephone number or photograph of any person who is protected pursuant to sections 39

- 123 and 39

- 124. 2. Limit the duty of a public body or officer to make public records open to inspection and
c opying pursuant to this article.



### Article 3 Lost Records

39

- 141

. Proof of certain lost or destroyed documents or instruments Any deed, bond, bill of sale, mortgage, deed of trust, power of attorney or conveyance which is required or permitted by law to b e acknowledged or recorded which has been so acknowledged or recorded, or any judgment, order or decree of a court of record in this state

## 17 or the record or minute containing such judgment, which is lost or destroyed, may be supplied by parol proof of its c ontents.

39

- 142

. Action for restoration and substitution of lost or destroyed documents Upon loss or destruction of an instrument as indicated in section 39

- 141, a person interested therein may bring an action in the superior court of the county where the loss or destruction occurred for restoration and substitution of such instrument against the grantor in a deed, or the parties interested in the instrument, or the parties who were interested adversely to plaintiff at the time of the rendition of judgment , or who are then adversely interested, or the heirs and legal representatives of such parties.

39

- 143

. Judgment of restoration; recording of judgment; judgment as substitute for original instrument A. If upon the trial of the action provided for in sect ion 39

- 142, the court finds that such instrument existed, and has been lost or destroyed and determines the contents thereof, it shall enter a judgment containing the finding and a description of the lost instrument and contents thereof. B. A certified cop y of the judgment may be recorded, and shall be substituted for and have the same force and effect as the original instrument.

39

- 144

. Recording of certified copies of lost or destroyed records or records of a former county Certified copies from a record of a county, the record of which has been lost or destroyed, and certified copies from records of the county from which a new county was created, may be recorded in such county when the loss of the original has been first established.

39

- 145

. Re

- recordi ng of original papers when record destroyed When the original papers have been preserved but the record thereof has been lost or destroyed, they may again be recorded within four years from the loss or destruction of such record. The last registration shal l have force and effect from the date of the original registration.



### Article 4 False Instruments and Records

39

- 161

. Presentment of false instrument for filing; classification A person who acknowledges, certifies, notarizes, procures or offers to be file d, registered or recorded in a public office in this state an instrument he knows to be false or forged, which, if genuine, could be filed, registered or recorded under any law of this state or the United States, or in compliance with established procedure is guilty of a class 6 felony. As used in this section "instrument" includes a written instrument as defined in section 13

- 2001. 

## Chapter 1 EXECUTIVE OFFICERS Article 10 Uniform Administrative Hearing Procedures

41

- 1092.03

. Notice of appealable agency action or contested case; hearing; informal settlement conference; applicability A. Except as provided in subsection D of this section, an agency shall serve notice of an appealable agency action or contested case pursuant to section 41

- 1092.04. The notice shall:

## 18 1. Identify the statute or rule that is alleged to have been violated or on which the action is based. 2. Identify with reasonable particularity the nature of any alleged violation, including, if applicable, the conduct or activity constituting th e violation. 3. Include a description of the party's right to request a hearing on the appealable agency action or contested case. 4. Include a description of the party's right to request an informal settlement conference pursuant to section 41

- 1092.06. B . A party may obtain a hearing on an appealable agency action or contested case by filing a notice of appeal or request for a hearing with the agency within thirty days after receiving the notice prescribed in subsection A of this section. The notice of ap peal or request for a hearing may be filed by a party whose legal rights, duties or privileges were determined by the appealable agency action or contested case. A notice of appeal or request for a hearing also may be filed by a party who will be adversely affected by the appealable agency action or contested case and who exercised any right provided by law to comment on the action being appealed or contested, provided that the grounds for the notice of appeal or request for a hearing are limited to issues raised in that party's comments. The notice of appeal or request for a hearing shall identify the party, the party's address, the agency and the action being appealed or contested and shall contain a concise statement of the reasons for the appeal or reque st for a hearing. The agency shall notify the office of the appeal or request for a hearing and the office shall schedule an appeal or contested case hearing pursuant to section 41

- 1092.05, except as provided in section 41

- 1092.01, subsection F. C. If good cause is shown an agency head may accept an appeal or request for a hearing that is not filed in a timely manner. D. This section does not apply to a contested case if the agency: 1. Initiates the contested case hearing pursuant to law other than this ch apter and not in response to a request by another party. 2. Is not required by law, other than this chapter, to provide an opportunity for an administrative hearing before taking action that determines the legal rights, duties or privileges of an applicant for a license.



### Article 3 Arizona State Library, Archives and Public Records

41

- 1330. Definitions In this article, unless the context otherwise requires: 1. "Director" means the director of the state library. 2. "State library" means the Arizona state library, archives and public records.

41

- 1331. Arizona state library, archives and public records A. The Arizona state library, archives and public records is established in the office of the secretary of state. B. The state library shall: 1. Acquire and provide access to materials relating to the following in print, in an electronic format or in any other format: (a) Law. (b) Political science. (c) Economics.

## 19 (d) Sociology. (e) Subjects pertaining to the theory and practice of government. (f) Genealogy. (g) Arizona history. 2. Provide the following: (a) A general and legal reference service. (b) A records management and archives program. (c) A state and federal government documents depository program. (d) A library development service. (e) Museums for edu cational purposes as approved by the secretary of state. (f) A service, including materials, for persons who are visually or physically unable to use traditional print materials.

41

- 1332

. Advisory board of the Arizona state library, archives and public r ecords A. An advisory board of the Arizona state library, archives and public records is established consisting of the president of the senate or the president's designee, the speaker of the house of representatives or the speaker's designee, one member o f the senate who is appointed by the president of the senate and who is a member of a different political party than the president, one member of the house of representatives who is appointed by the speaker of the house of representatives and who is a memb er of a different political party than the speaker and five members who are appointed by the secretary of state. B. The advisory board shall annually elect a chairperson and vice

- chairperson from among its members at the first meeting of the fiscal year. M eetings of the advisory board shall be held at the call of the chairperson or a majority of the members of the advisory board. C. Members who are appointed by the secretary of state shall serve three year staggered terms beginning on July 1. If there is a vacancy, the secretary of state shall appoint another person to serve the remainder of the term. The secretary of state may appoint members to succeeding terms. The secretary of state may remove a member for good and sufficient cause. Members of the advis ory board who are appointed by the secretary of state are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. D. The advisory board shall advise the secretary of state in the super vision of the state library.

41

- 1333

. Director of the state library; qualifications A. The state library shall be under the charge and control of a director, subject to supervision of the secretary of state. The secretary of state shall appoint the direct or of the state library. The director shall serve at the pleasure of the secretary of state. B. The director shall be a person who is technically trained in library work with at least a master's degree in library science or the equivalent and who has at le ast five years' actual experience as chief administrator of a major library.

41

- 1334

. Compensation of director The compensation of the director shall be as determined by the secretary of state.

41

- 1335

. Powers and duties of director A. The director sha ll:

## 20 1. Adopt rules for the use of books or other materials in the custody of the state library and for the removal of books from the library, including assessment of reasonable penalties for failure to return books or other materials when due. The proceeds from the assessment of reasonable penalties shall be deposited, pursuant to sections 35

- 146 and 35

- 147, in the state library fund established by section 41

- 1336. The monies shall be used only for the purchase of other books or materials. 2. Sell or exchan ge undesired duplicate copies of books or other materials, or books or other materials not of value for the purposes of the library, or photographic reproductions of state library holdings, and deposit, pursuant to sections 35

- 146 and 35

- 147, the proceeds in the state library fund established by section 41

- 1336. The monies shall be used for the purchase of other books or materials. 3. Bring actions for the recovery of books, or for three times the value of the books, against any person who has them in the p erson's possession or who is responsible for the books, and who has failed or refused to return them on demand. If a book is one of a set the value of the book may be deemed the value of the entire set. Monies recovered pursuant to this paragraph shall be transmitted to the state treasurer for credit to the state library fund established by section 41

- 1336. 4. Certify copies from books, documents or other archival or public records which have been deposited in the custody of the state library.The fee for ce rtification shall be the same as prescribed for the certification of records by the secretary of state. These fees shall be transmitted to the state treasurer for credit to the state library fund established by section 41

- 1336. These certificates have the same force and effect as if made by the officer originally in charge of the record. 5. As the director deems necessary: (a) Arrange with the federal government, other states and foreign countries for a system of exchange of official state reports and publi cations, session laws, statutes, legislative journals and supreme court reports. (b) Enter into agreements to establish a depository system and an exchange program with any municipal, county or regional public library, state college or state university lib rary and out

- of

- state research libraries. (c) Enter into agreements with libraries in this state for the state documents program described in section 41

- 1338, subsection A, paragraph 2. Any library that enters into an agreement pursuant to this subdivision shall continue to contribute at least the same level of support to the state documents program and shall not use any monies received pursuant to the agreement to supplant other monies available to the library. 6. Adopt rules for the acquisition, maintenan ce, access and preservation of state publications. 7. After consultation with other appropriate agencies, adopt rules for the description of state publications in all formats. 8. Provide access to an official compilation or revision of the laws of this sta te to each public or court library in this state that applies for access. The director may provide the access electronically. On request, the director may provide a certified copy of a law pursuant to paragraph 4 of this subsection. 9. Annually submit a re port to the legislature on the condition of the state library, its activities and the disposition of monies spent for its maintenance and transmit a copy of the report to the governor. 10. Appoint personnel, including security personnel, necessary to perfo rm the duties of the state library and assign their duties.

## 21 11. Cooperate with the legislative council in carrying out section 41

- 1304, subsection B. B. The governor, the secretary of state, the president of the senate, the speaker of the house of represen tatives, the heads of departments and all officers and agents of this state shall supply at no cost the number of copies of official reports, public documents and publications required for the state library or its agents to satisfy the requirements of the state documents program or arrangements or agreements entered into pursuant to subsection A, paragraph 5 of this section. C. The governmental units described in subsection B of this section shall: 1. Notify the state library if the reports, documents and p ublications subject to this section are posted on an internet web site. 2. Pay the state library the fee charged pursuant to section 41

- 1345 if the governmental unit refuses the state library's request to supply, and the state library incurs any expenses i n obtaining, the copies that are required to be supplied pursuant to this section.

41

- 1336

. State library administrative agency; state library fund A. The state library is the state library administrative agency, and the director may accept, on behalf of the state, any allocation of money or materials made by the federal government for state library purposes, any appropriations of state monies for the purposes of this article or any bequests, grants or gifts to the state library, and administer all of them under rules adopted by the director, unless otherwise provided by law. The administration shall not be inconsistent with the conditions of the allocation, appropriation, bequest, grant or gift. B. A state library fund is established. All monies received p ursuant to this section and section 41

- 1335, except for federal monies, shall be deposited, pursuant to sections 35

- 146 and 35

- 147, in the fund and accounted for separately. Monies in the accounts are continuously appropriated to the state library for the purposes provided for in the fund sources, and monies in the fund are exempt from the provisions of section 35

- 190 relating to lapsing of appropriations. On notice from the director, the state treasurer shall invest and divest monies in the fund as provide d by section 35

- 313, and monies earned from investment shall be credited to the fund. C. All federal monies received as provided by this section shall be deposited, pursuant to sections 35

- 146 and 35

- 147, in a separate account of the fund and disbursed in the manner prescribed for the disbursement of state funds, but shall not be subject to section 35

- 190 relating to lapsing appropriations.

41

- 1337

. Library development service The state library shall: 1. Prepare a plan for statewide public library service. The plan shall be put into effect to the extent made practicable by available facilities. 2. Encourage and assist the development of library services in state institutions. 3. Compile and disseminate statistics and other data relating to libraries and lib rary services. 4. Give professional advice and assistance in the establishment and operation of county free libraries, municipal libraries, or any combinations of county free and municipal libraries, and to joint ventures of public and private or nonprofit libraries in this state that make library information available to the public and that request such professional advice and assistance. 5. Develop library service for the blind and physically disabled, including talking book machine services, through stat e and regional centers.

## 22 6. Perform all other duties necessary or appropriate to the development of statewide library service.

41

- 1338

. Archives and history services; recovery of costs A. The state library shall contain: 1. All available works, books, news paper files, pamphlets, papers, manuscripts, documents, magazines and newspaper articles, maps, pictures, items and materials pertaining to or bearing on the history of Arizona. 2. Copies of current official reports, public documents and publications of st ate, county and municipal officers, departments, boards, commissions, agencies and institutions, and public archives. To permit compliance with this paragraph it is the duty of all public officers required by law to make written reports to the governor, or to the governing officer or body of a county, city or town, to provide those reports, documents and publications to the state library for filing in the state library archives in the number that will satisfy the requirements of the state documents program or arrangements or agreements entered into pursuant to section 41

- 1335, subsection A, paragraph 5 except those reports, documents and publications that are confidential. B. The governmental units described in subsection A of this section shall: 1. Notify t he state library if the reports, documents and publications subject to this section are posted on an internet web site. 2. Pay the state library the fee charged pursuant to section 41

- 1345 if the governmental unit refuses the state library's request to pro vide, and the state library incurs any expenses in obtaining, the copies that are required to be provided pursuant to this section.

41

- 1339

. Depository of official archives A. The state library is the central depository of all official books, records and documents not in current use of the various state officers and departments of the state, the counties and incorporated cities and towns. These materials constitute the state archives. The state archives shall be carefully kept and preserved, classified, ca talogued and made available for inspection under rules the director adopts. B. State officers in possession of official state or territorial archives shall deposit those archives with the state library. C. Any county, municipal or other public official may either retain or deposit with the state library for permanent preservation official books, records, documents and original papers not in current use. The clerk of the superior court shall deposit and the state archives shall preserve all permanent superio r court case files pursuant to court rules. D. The state library shall make birth and death records held in the state library archives available for inspection as follows: 1. Birth records if seventy

- five years have passed after the date of birth as record ed on the birth certificate. 2. Death records if fifty years have passed after the date of death.

41

- 1340

. Historical records The state library shall: 1. Collect from the files of old newspapers, court records, church records, private collections and othe r sources, data pertaining to the history of the state.

## 23 2. Accept loans or gifts of rare volumes, manuscripts, maps, pictures and other articles or things of historical value. 3. Classify, edit, annotate and publish from time to time records considered of public interest. 4. Encourage the proper marking of points of historical importance. 5. Systematically stimulate historical research and encourage the study of Arizona history.

41

- 1343

. Access to public records The director, in person or through a deputy, has the right of reasonable access to all nonconfidential public records in the state, or any public office of the state or any county, city, municipality, district or political subdivision of the state, because of the historical and research value of dat a contained in those records, with a view to securing their safety and determining their need for preservation or disposal.

41

- 1345

. Records; records management; powers and duties of director; fees; records services fund A. The director is responsible fo r the preservation and management of records. In addition to other powers and duties, the director shall: 1. Establish standards, procedures and techniques for effective management of records. 2. Make continuing surveys of record keeping operations and rec ommend improvements in current record management practices, including the use of space, equipment and supplies employed in creating, maintaining, storing and servicing records. 3. Establish standards and procedures for the preparation of schedules providin g for the retention of records of continuing value and for the prompt and orderly disposal of records no longer possessing sufficient administrative, legal or fiscal value to warrant their further keeping. 4. Establish criteria for designation of essential records within the following general categories: (a) Records containing information necessary to the operations of government in the emergency created by a disaster. (b) Records containing information necessary to protect the rights and interests of perso ns or to establish and affirm the powers and duties of governments in the resumption of operations after a disaster. 5. Reproduce or cause to be reproduced essential records and prescribe the place and manner of their safekeeping. 6. Obtain such reports an d documentation from agencies as are required for the administration of this program. 7. Request transmittal of the originals of records produced or reproduced by agencies of the state or its political subdivisions pursuant to section 41

- 1348 or certified negatives, films or electronic media of such originals, or both, if in the director's judgment such records may be of historical or other value. 8. On request, assist and advise in the establishment of records management programs in the legislative and jud icial branches of the state and provide program services similar to those available to the executive branch of state government pursuant to this article. 9. Establish a fee schedule to systematically charge state agencies, political subdivisions of this st ate and other governmental units of this state for services described in this section and section 41

- 1345.01 and deposit monies received from fees in the records services fund established by subsection B of this section.

## 24 10. Subject to approval of the secr etary of state, establish a fee schedule to charge state agencies, political subdivisions of this state and other governmental units of this state for services and expenses incurred by the state library in obtaining copies of those reports, documents and p ublications that are required to be delivered, supplied or provided pursuant to sections 35

- 103, 41

- 1335 and 41

- 1338 and deposit these monies in the records services fund established by subsection B of this section. B. A records services fund is establishe d consisting of monies deposited pursuant to subsection A, paragraphs 9 and 10 of this section. The director shall administer the fund for the purposes provided in subsection A of this section. Monies in the fund are subject to legislative appropriation an d are exempt from the provisions of section 35

- 190 relating to lapsing of appropriations.

41

- 1345.01

. Records management officer; duties A. The state library shall employ a records management officer who is responsible for the direction and control of the records management program. The records management officer shall at the direction of the director administer the provisions of section 41

- 1345. B. The state library shall: 1. Through consultation and education, provide for an efficient and contemporary re cords management program using modern techniques to facilitate the efficient and economic creation, maintenance, control, retention and disposition of records as defined in section 41

- 1350. 2. Operate a records management center for the maintenance and hou sing of inactive non

archival records. The records management center shall be the only inactive records center operated by a state agency. State agencies may use other facilities for inactive records storage with prior approval of the director. 3. Establis h standards and procedures for records accepted for storage. 4. Operate a secure vault as part of the records management center for the housing and maintenance of micrographic, machine read and selected essential records. 5. Operate a preservation imaging function that is responsible for: (a) The efficient and coordinated use of micrographics and digital imaging equipment, techniques and personnel to achieve optimum quality, effectiveness and economy in the production of source document micrographics and di gital imaging. (b) The processing and duplication of microfilm produced by the preservation imaging operation and film produced by other agencies of this state.

41

- 1346

. State and local public records management; violation; classification; definition A. T he head of each state and local agency shall: 1. Establish and maintain an active, continuing program for the economical and efficient management of the public records of the agency. 2. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency designed to furnish information to protect the rights of the state and of persons directly affected by the agency's activities. 3. Submit to the direc tor, in accordance with established standards, schedules proposing the length of time each record series warrants retention for administrative, legal or fiscal purposes after it has been received by the agency.

## 25 4. Submit a list of public records in the age ncy's custody that are not needed in the transaction of current business and that are not considered to have sufficient administrative, legal or fiscal value to warrant their inclusion in established disposal schedules. 5. Submit to the director lists of a ll essential public records in the custody of the agency. 6. Cooperate with the director in the conduct of surveys. 7. Designate an individual within the agency to manage the records management program of the agency. The designated individual: (a) Must be at a level of management sufficient to direct the records management program in an efficient and effective manner. (b) Shall act as coordinator and liaison for the agency with the state library. 8. Comply with rules, standards and procedures adopted by the director. B. The governing body of each county, city, town or other political subdivision shall promote the principles of efficient record management for local public records. Such governing body shall, as far as practicable, follow the program establishe d for the management of state records. The director shall, upon request of the governing body, provide advice and assistance in the establishment of a local public records management program. C. A head of a state or local agency who violates this section i s guilty of a class 2 misdemeanor. D. For the purposes of this section, "records management" means the creation and implementation of systematic controls for records and information activities from the point where they are created or received through final disposition or archival retention, including distribution, use, storage, retrieval, protection and preservation.

41

- 1347

. Preservation of public records A. All records made or received by public officials or employees of this state in the course of their public duties are the property of this state. Except as provided in this article, the director and every other custodian of public records shall carefully protect and preserve the records from deterioration, mutilation, loss or destruction and, when advis able, shall cause them to be properly repaired and renovated. All paper, ink and other materials used in public offices for the purpose of permanent records shall be of durable quality and shall comply with the standards established pursuant to section 39

- 101. Additionally, the custodian of records that keeps photography, film, microfiche, digital imaging or other types of reproduction or electronic media pursuant to section 41

- 1348, subsection A shall protect records from loss or destruction pursuant to st andards that are established by the director. B. Records shall not be destroyed or otherwise disposed of by any agency of this state unless it is determined by the state library that the record has no further administrative, legal, fiscal, research or hist orical value. The original of any record produced or reproduced pursuant to section 41

- 1348 may be determined by the state library to have no further administrative, legal, fiscal, research or historical value. A person who destroys or otherwise disposes o f records without the specific authority of the state library is in violation of section 38

- 421.

41

- 1348

. Production and reproduction of records by agencies of the state and political subdivisions; admissibility; violation; classification A. Each agency o f this state or any of its political subdivisions may implement a program for the production or reproduction by photography or other method of reproduction on film, microfiche, digital imaging or other electronic media of records in its custody, whether ob solete or current, and classify, catalogue and index such records for convenient reference.

## 26 The agency, before the institution of any such program of production or reproduction, shall obtain approval from the director of the types of records to be produced or reproduced and of the methods of production, reproduction and storage and the equipment which the agency proposes to use in connection with the production, reproduction and storage. On approval from the director, the source documents may be destroyed, but only after an administrative audit and after safeguards are in place to protect the public records pursuant to section 41

- 1347, subsection A. B. Except as otherwise provided by law, records reproduced as provided in subsection A of this section are adm issible in evidence. C. The provisions of this section shall not be applicable to permit destruction of current original affidavits of registration as that term is used in section 16

- 163. D. A head of an agency of this state or a political subdivision of this state who violates this section is guilty of a class 2 misdemeanor.

41

- 1349

. Duties relating to historical value A. The state library shall: 1. Determine whether public records presented to it are of historical value. 2. Dispose of records determined to be of no historical value. 3. Accept those records deemed by a public officer having custody of the records to be unnecessary for the transaction of the business of the public officer's office and deemed to be of historical value. B. All public records of any public office, upon the termination of the existence and functions of the office, shall be checked by the state library and either disposed of or transferred to the custody of the state library, in accordance with this article. If a public office i s terminated or reduced by the transfer of its powers and duties to another office or to other offices, its appropriate public records shall pass with the powers and duties transferred.

41

- 1350

. Definition of records In this chapter, unless the context ot herwise requires, "records" means all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to s ection 41

- 1348, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization , functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained therein. Library or museum material made or acquired solely for reference or exhibition p urposes, extra copies of documents preserved only for convenience of reference and stocks of publications or documents intended for sale or distribution to interested persons are not included within the definition of records as used in this chapter.

41

- 13 51

. Determination of value; disposition Every public officer who has public records in the public officer's custody shall consult periodically with the state library and the state library shall determine whether the records in question are of legal, admini strative, historical or other value. Those records determined to be of legal, administrative, historical or other value shall be preserved. Those records determined to be of no legal, administrative, historical or other value shall be disposed of by such m ethod

## 27 as the state library may specify. A report of records destruction that includes a list of all records disposed of shall be filed at least annually with the state library on a form prescribed by the state library.

41

- 1352

. Historical advisory commiss ion; membership; terms; expenses; duties; historic sites review committee A. A historical advisory commission is established consisting of members appointed by the director for staggered terms of three years ending on July 1. The commission membership of
n ot less than ten nor more than twenty

- five members shall consist of experts in the disciplines of history, arts and culture, architecture and archaeology, professional librarians and archivists or persons otherwise associated with the interpretation, resea rch, writing, preservation or teaching of this state's heritage, including the Indian nations' history and heritage, and the director of the Arizona historical society, the director of the state museum, the director of the Arizona state parks board, the di rector of the office of tourism or the director's designee, the superintendent of public instruction or the superintendent's designee and the state historic preservation officer. B. Members shall serve without compensation but those employed by the state s hall be reimbursed for travel and subsistence by the department or agency they represent and those who are not employed by the state are eligible for reimbursement of expenses by the commission pursuant to title 38, chapter 4, article 2. C. The commission shall: 1. Advise the legislature and state agencies on matters relating to this state's history and historic preservation. 2. Recommend measures to the legislature and state agencies to coordinate or improve the effectiveness of activities of state agencie s and agencies of the political subdivisions of this state and other persons relating to the interpretation, research, writing and teaching of this state's history, heritage and historic preservation, including the Indian nations' history, heritage and pre servation. 3. Advise the legislature and state agencies on the dissemination of information pertaining to activities relating to historic preservation as provided in paragraph 2. 4. Encourage, in cooperation with appropriate public and private agencies, th e Indian nations and other persons, training and education in the field of the interpretation, research, writing and teaching of this state's history, heritage and historic preservation. 5. Submit annually on September 30 a report of the commission's activ ities to the director for inclusion in the annual report of the state library. D. A historic sites review committee consisting of nine members is established to serve as a standing committee of the historical advisory commission. The state historic preserv ation officer shall appoint committee members for staggered terms of three years ending on July 1. The state historic preservation officer may appoint persons other than commission members to serve on the committee and shall appoint at least five persons w ho are professionals qualified in the disciplines of history, prehistoric and historic archaeology, architectural history or architecture. The committee shall select annually at the first meeting a chairman who is a commission member. The chairman shall re port on committee activities at commission meetings. The committee shall assist in the duties prescribed in this section and by federal law, review nominations to the national and state historic registers, provide general advice and guidance to the state h istoric preservation officer and perform other duties as are necessary. On or before September 1 of each year, the state historic preservation officer shall

## 28 submit a report of the committee's activities to the governor, the president of the senate, the spe aker of the house of representatives and the director, including information prescribed in sections 41

- 862 and 41

- 881.

41

- 1353

. Review and transfer of certain historic property; exemption; definition A. An agency shall notify the state library on forms pr escribed by the director if the agency has or acquires furniture, equipment or other personal property that is fifty or more years of age or of known historical interest, including property escheated to the state under title 12, chapter 7, article 5. B. Th e director may authorize a person to inspect the personal property reported under subsection A and recommend to the state library whether the personal property is of an historic interest or value as would in the public interest require it to be made availa ble permanently for placement on public display in any restored executive, legislative or judicial facility or museum area. C. If the state library determines the personal property should be made available for display purposes it shall provide written noti ce to the agency requesting prompt transfer of the personal property to the state library. D. An agency may apply to the secretary of state for an exemption from the transfer required under subsection C by filing a prompt written response stating: 1. The l ength of time the agency has used the personal property. 2. Why the value of the personal property to the agency is greater than the educational and historic value in displaying the personal property. 3. What harm the agency would suffer if the personal pr operty is transferred to the department. 4. That the use of federal monies in the initial acquisition of the personal property legally precludes its transfer to the state library. E. The secretary of state shall grant an exemption to a requested property t ransfer if the secretary of state finds that the transfer of the property would result in significant cost or disruption to the agency that would outweigh the educational and historic value in displaying the property. F. For the purposes of this section, " agency" means any branch, department, commission, board or other unit of the state organization that receives, disburses or expends state monies or incurs obligations against this state.

41

- 1354

. Privacy of user records; exceptions; violation; classificat ion A. Except as provided in subsection B, a library or library system supported by public monies shall not allow disclosure of any record or other information which identifies a user of library services as requesting or obtaining specific materials or ser vices or as otherwise using the library. B. Records may be disclosed: 1. If necessary for the reasonable operation of the library. 2. On written consent of the user. 3. On receipt of a court order. 4. If required by law. C. Any person who knowingly disclos es any record or other information in violation of this section is guilty of a class 3 misdemeanor.

## 29

Chapter 2 WATER QUALITY CONTROL Article 2 Water Quality Standards

49

- 223

. Aquifer water quality standards A. Primary drinking water maximum contamina nt levels established by the administrator before August 13, 1986 are adopted as drinking water aquifer water quality standards. The director may only adopt additional aquifer water quality standards by rule. Within one year after the administrator establi shes additional primary drinking water maximum contaminant levels, the director shall open a rule making docket pursuant to section 41

- 1021 for adoption of those maximum contaminant levels as drinking water aquifer water quality standards. If substantial o pposition is demonstrated in the rule making docket regarding a particular constituent, the director may adopt for that constituent the maximum contaminant level as a drinking water aquifer water quality standard upon making a finding that this level is ap propriate for adoption in Arizona as an aquifer water quality standard. In making this finding, the director shall consider whether the assumptions about technologies, costs, sampling and analytical methodologies and public health risk reduction used by th e administrator in developing and implementing the maximum contaminant level are appropriate for establishing a drinking water aquifer water quality standard. For purposes of this subsection "substantial opposition" means information submitted to the direc tor that explains with reasonable specificity why the maximum contaminant level is not appropriate as an aquifer water quality standard. B. The director may adopt by rule numeric drinking water aquifer water quality standards for pollutants for which the a dministrator has not established primary drinking water maximum contaminant levels or for which a maximum contaminant level has been established but the director has determined it to be inappropriate as an aquifer water quality standard pursuant to subsect ion A of this section. These standards shall be based on the protection of human health. In establishing numeric drinking water aquifer water quality standards, the director shall rely on technical protocols appropriate for the development of aquifer water quality standards and shall base the standards on credible medical and toxicological evidence that has been subjected to peer review. C. Any person may petition the director to adopt a numeric drinking water aquifer quality standard for any pollutant for which no drinking water aquifer quality standard exists. The director shall grant the petition and institute rule making proceedings adopting a numeric standard as provided under subsection B of this section within one hundred eighty days if the petition s hows that the pollutant is a toxic pollutant, that the pollutant has been, or may in the future be, detected in any of the state's drinking water aquifers, and that there exists technical information on which a numeric standard might reasonably be based. W ithin one year of the commencement of the rule making proceeding, the director shall either adopt a numeric standard or make and publish a finding that, pursuant to subsection B of this section, the development of a numeric standard is not possible. The de cision to not adopt a numeric standard shall, for purposes of judicial review, be treated in the same manner as a rule adopted pursuant to title 41, chapter 6. D. For purposes of assessing compliance with each aquifer water quality standard adopted pursuan t to this section, the director shall for purposes of articles 3 and 4 of this chapter, and

## 30 may for purposes of other provisions of this title, identify sampling and analytical protocols appropriate for detecting and measuring the pollutant in the aquifers in the state. E. Within one year from the reclassification of an aquifer to a non

- drinking water status, pursuant to section 49

- 224, the director shall adopt water quality standards for that aquifer. For any pollutants which were not the basis for the rec lassification, the applicable standard shall be identical with the standard for those pollutants adopted pursuant to subsections A and B of this section. For any pollutants which were the basis for reclassification, the standard shall be sufficient to achi eve the purpose for which the aquifer was reclassified but shall minimize unnecessary degradation of the aquifer by taking into consideration the potential long

- term uses of the aquifer and the short

- term and long

- term benefits of the activities resulting in discharges into the aquifer. F. The director shall adopt water quality standards for an aquifer for which a petition has been submitted pursuant to section 49

- 224, subsection D sufficient to achieve the non

- drinking water use for which that aquifer was classified, taking into consideration the potential long

term uses of that aquifer and the short

- term and long

- term benefits of the discharging activities creating that aquifer. G. In any action pursuant to this title, aquifer water quality protection prov isions, including monitoring requirements, may be imposed only for pollutants for which aquifer water quality standards have been established that are likely to be present in a discharge. Indicator parameters and quality assurance parameters appropriate fo r such pollutants



## Chapter 4 SOLID WASTE MANAGEMENT Article 1 General Provisions 49

- 701 

### Definitions 49

- 701.01 

### Definition of solid waste; exemptions 49

- 701.02 

### Exemptions from definition of soli d waste; soils; seller's duty to

disclose 49

- 702 

### Authorization to accept funds or grants 49

- 703 

### Joint operation 49

- 704 

### Applicability of chapter to local regulations and services 49

- 705 

### Integration of solid waste programs Article 2 Planning and Assistance 49

- 721 

### Statewide solid waste management plan 49

- 722 

### Planning and technical assistance 49

- 723 

### Research and development 49

- 724 

### Distribution of appropriated funds to local governments Article 3 Solid Wa ste Services 49

- 741 

### Local public facilities for solid waste management 49

- 742 

### User fees 49

- 743 

### Commercial permits 49

- 744 

### Salvaging 49

- 745 

### Ownership of solid waste 49

- 746 

### Private enterprise recycling and solid waste management

## 31 49

- 747 

### Annual registration of solid waste landfills; fee; disposition of reve nue Article 4 Regulation of Solid Waste 49

- 761 

### Rule making authority for solid waste facilities; financial assurance;

recycling facilities 49

- 762 

### Facilities requiring solid waste facility plans 49

- 762. 01 

### Facilities requiring self

- certification 49

- 762.02 

### Facilities subject to best management practices; rules 49

- 762.03 

### Solid waste facility plan approval 49

- 762.04 

### Solid waste facility plan rev iew procedures 49

- 762.05 

### Self

- certification procedures; rules 49

- 762.06 

### Changes to solid waste facilities and amended plans 49

- 762.07 

### Notices; exemptions; extensions; enforcement; operating stan dards 49

- 762.08 

### Corrective actions; application
4 9

- 763 

### Inspections 49

- 763.01 

### Variances 49

- 764 

### Orders; monitoring; pollution control devices 49

- 765 

### Local regulation of solid waste collection 49

- 766 

### Agricultural landfills; notice 49

- 767 

### Government owned solid waste facilities; permission; notice of site to

property owners; hearing; exemption 49

- 768 

### Civil penalties 49

- 769 

### Agency orders; appeal 49

- 770 

### Financial assurance requirements for solid waste facilities 49

- 771 

### Restrictive covenants for solid waste landfills 49

- 772 

### Location restrictions for s olid waste landfills; definitions 49

- 773 

### Disposal of waste; definition 49

- 774 

### Landfill washout; abatement costs; definitions Article 5 Enforcement 49

- 781 

### Compliance orders; appeal; enforcement 49

- 782 

### Actions on approval to operate 49

- 783 

### Injunctive rel ief; civil penalties; costs 49

- 784 

### Venue 49

- 785 

### Ag ency orders; appeal Article 6 Violations and Penalties 49

- 791 

### Violation; classification; penalties Article 7 Management of Used Oil 49

- 801 

### Definitions 49

- 802 

### Federal used oil program; incorporation by reference; rule making 49

- 803 

### Prohibited practices
4 9

- 810 

### Violation; classification 49

- 811 

### Violation; civil penalty 49

- 812 

### Compliance orders; injunctive relief 49

- 813 

### Program of education 49

- 817 

### Enforcement powers of the director and inspectors 49

- 818 

### Used oil fund Article 8 Arizona Recycling Program

## 32 49

- 831 

### Definitions 49

- 832 

### Administration and enfor cement by department of environmental

quality; powers and duties 49

- 833 

### Public education 49

- 834 

### Use of recycled newsprint 49

- 835 

### Recycling of plastics; labels 49

- 836 

### Solid waste landfill disposal fees 49

- 837 

### Recycling fund; use; advisory committee Arti cle 9 Management of Special Waste
49

- 851 

### Definitions; applicability 49

- 852 

### Statutory list of special wastes; best management practices rules;

applicability of hazardous waste designation 49

- 854 

### Designati on of special wastes; criteria; notice; rules 49

- 855 

### Best management practices; criteria 49

- 856 

### Special waste handling requirements; manifest; exemption 49

- 857 

### Special waste management plans; director; a pproval; fee 49

- 857.01 

### Plan; approval; deadline; judicial review 49

- 858 

### Interim use facilities; special waste 49

- 859 

### Application to water quality permits 49

- 860 

### Annual reporting requirements; inspections 49

- 861 

### Violation; classification; civil penalt y 49

- 862 

### Compliance orders; injunctive relief 49

- 863 

### Special waste management fee; exemption 49

- 865 

### Inspections 49

- 866 

### Orders; monitoring; pollution control devices 49

- 867 

### Importation of special waste 49

- 868 

### Agency orders; appeal Article 10 Solid Waste Fee Fund
49

- 881 

### Solid waste fee fund; uses; exemp tion



## Chapter 4 SOLID WASTE MANAGEMENT Article 1 General Provisions

49

- 701

. Definitions In this chapter, unless the context otherwise requires: 1. "Administratively complete plan" means an application for a solid waste facility plan approval that the department has determined contains each of the components required by statute or rule but that has not undergone technical review or public notice by the department. 2. "Administrator" means the administrator of the United States environmental protection
a gency. 3. "Closed solid waste facility" means any of the following: (a) A solid waste facility that ceases storing, treating, processing or receiving for disposal solid waste before the effective date of design and operation rules for that type of facility adopted pursuant to section 49

- 761.

## 33 (b) A public solid waste landfill that meets any of the following criteria: (i) Ceased receiving solid waste prior to July 1, 1983. (ii) Ceased receiving solid waste and received at least two feet of cover material prio r to January 1, 1986. (iii) Received approval for closure from the department. (c) A public composting plant or a public incinerating facility that closed in accordance with an approved plan. 4. "Conditionally exempt small quantity generator waste" means h azardous waste in quantities as defined by rules adopted pursuant to section 49

- 922. 5. "Construction debris" means solid waste derived from the construction, repair or remodeling of buildings or other structures. 6. "County" means: (a) The board of superv isors in the context of the exercise of powers or duties. (b) The unincorporated areas in the context of area of jurisdiction. 7. "Demolition debris" means solid waste derived from the demolition of buildings or other structures. 8. "Discharge" has the sam e meaning prescribed in section 49

- 201. 9. "Existing solid waste facility" means a solid waste facility that begins construction or is in operation on the effective date of the design and operation rules adopted by the director pursuant to section 49

- 761 f or that type of solid waste facility. 10. "Facility plan" means any design or operating plan for a solid waste facility or group of solid waste facilities. 11. "40 C.F.R. part 257" means 40 Code of Federal Regulations part 257 in effect on May 1, 2004. 12. "40 C.F.R. part 258" means 40 Code of Federal Regulations part 258 in effect on May 1, 2004. 13. "Household hazardous waste" means solid waste as described in 40 Code of Federal Regulations section 261.4(b)(1) as incorporated by reference in the rules ado pted pursuant to chapter 5 of this title. 14. "Household waste" means any solid waste including garbage, rubbish and sanitary waste from septic tanks that is generated from households including single and multiple family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas, not including construction debris, landscaping rubble or demolition debris. 15. "Inert material": (a) Means material that satisfies all of the following condi tions: (i) Is not flammable. (ii) Will not decompose. (iii) Will not leach substances in concentrations that exceed applicable aquifer water quality standards prescribed by section 49

- 201, paragraph 20 when subjected to a water leach test that is designed to approximate natural infiltrating waters. (b) Includes concrete, asphaltic pavement, brick, rock, gravel, sand, soil and metal, if used as reinforcement in concrete, but does not include special waste, hazardous waste, glass or other metal. 16. "Land dis posal" means placement of solid waste in or on land.

## 34 17. "Landscaping rubble" means material that is derived from landscaping or reclamation activities and that may contain inert material and no more than ten per cent by volume of vegetative waste. 18. "Ma nagement agency" means any person responsible for the day

- to

- day operation, maintenance and management of a particular public facility or group of public facilities. 19. "Medical waste" means any solid waste which is generated in the diagnosis, treatment o r immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals, and includes discarded drugs but does not include hazardous waste as defined in section 49

- 9 21 other than conditionally exempt small quantity generator waste. 20. "Municipal solid waste landfill" means any solid waste landfill that accepts household waste, household hazardous waste or conditionally exempt small quantity generator waste. 21. "New solid waste facility" means a solid waste facility that begins construction or operation after the effective date of design and operating rules that are adopted pursuant to section 49

- 761 for that type of solid waste facility. 22. "On site" means the same or geographically contiguous property that may be divided by public or private right

- of

- way if the entrance and exit between the properties are at a crossroads intersection and access is by crossing the right

- of

- way and not by traveling along the right

- of

- way. Noncontiguous properties that are owned by the same person and connected by a right

- of

- way that is controlled by that person and to which the public does not have access are deemed on site property. Noncontiguous properties that are owned or operated by the same person regardless of right

- of

- way control are also deemed on site property. 23. "Person" means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments o r agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person. 24. "Process" or "processing" means the reduction, separation, recovery, conversion or recycling of solid waste. 25. "Public solid waste facility" means a transfer facility and any site owned, operated or utilized by any person for the storage, processing, treatment or disposal of solid waste that is not generated on site. 26. "Recycling facility" means a solid waste facility that is owned, operated or used for the storage, treatment or processing of recyclable solid waste and that handles wastes that have a significant adverse effect on the environment. 27. "Salvaging" means the removal of solid waste fr om a solid waste facility with the permission and in accordance with rules or ordinances of the management agency for purposes of productive reuse. 28. "Scavenging" means the unauthorized removal of solid waste from a solid waste facility. 29. "Solid waste facility" means a transfer facility and any site owned, operated or utilized by any person for the storage, processing, treatment or disposal of solid waste, conditionally exempt small quantity generator waste or household hazardous waste but does not inc lude the following: (a) A site at which less than one ton of solid waste that is not household waste, household hazardous waste, conditionally exempt small quantity generator waste, medical waste or special waste and that was generated on site is stored, p rocessed, treated or disposed in compliance with section 49

- 762.07, subsection F. (b) A site at which solid waste that was generated on site is stored for ninety days or less.

## 35 (c) A site at which nonputrescible solid waste that was generated on site in amo unts of less than one thousand kilograms per month per type of nonputrescible solid waste is stored and contained for one hundred eighty days or less. (d) A site that stores, treats or processes paper, glass, wood, cardboard, household textiles, scrap meta l, plastic, vegetative waste, aluminum, steel or other recyclable material and that is not a waste tire facility, a transfer facility or a recycling facility. (e) A site where sludge from a wastewater treatment facility is applied to the land as a fertiliz er or beneficial soil amendment in accordance with sludge application requirements. (f) A closed solid waste facility. (g) A solid waste landfill that is performing or has completed postclosure care before July 1, 1996 in accordance with an approved postcl osure plan. (h) A closed solid waste landfill performing a onetime removal of solid waste from the closed solid waste landfill, if the operator provides a written notice that describes the removal project to the department within thirty days after completi on of the removal project. (i) A site where solid waste generated in street sweeping activities is stored, processed or treated prior to disposal at a solid waste facility authorized under this chapter. (j) A site where solid waste generated at either a dr inking water treatment facility or a wastewater treatment facility is stored, processed, or treated on site prior to disposal at a solid waste facility authorized under this chapter, and any discharge is regulated pursuant to chapter 2, article 3 of this t itle. (k) A closed solid waste landfill where development activities occur on the property or where excavation or removal of solid waste is performed for maintenance and repair provided the following conditions are met: (i) When the project is completed th ere will not be an increase in leachate that would result in a discharge. (ii) When the project is completed the concentration of methane gas will not exceed twenty

five per cent of the lower explosive limit in on

- site structures, or the concentration of m ethane gas will not exceed the lower explosive limit at the property line. (iii) Protection has been provided to prevent remaining waste from causing any vector, odor, litter or other environmental nuisance. (iv) The operator provides a notice to the depar tment containing the information required by section 49

- 762.07, subsection A, paragraphs 1, 2 and 5 and a brief description of the project. (l) Agricultural on

- site disposal as provided in section 49

- 766. (m) The use, storage, treatment or disposal of by

- p roducts of regulated agricultural activities as defined in section 49

- 201 and that are subject to best management practices pursuant to section 49

- 247 or by

- products of livestock, range livestock and poultry as defined in section 3

- 1201, pesticide containe rs that are regulated pursuant to title 3, chapter 2, article 6 or other agricultural crop residues. (n) Household hazardous waste collection events held at a temporary site for not more than six days in any calendar quarter. (o) Wastewater treatment facil ities as defined in section 49

- 1201. (p) An on

- site single family household waste composting facility. (q) A site at which five hundred or fewer waste tires are stored. (r) A site at which mining industry off

- road waste tires are stored or are disposed of as prescribed by rules in effect on February 1, 1996, until the director by rule determines that
on - site recycling methods exist that are technically feasible and economically practical.

## 36 (s) A site at which underground piping, conduit, pipe covering or sim ilar structures are abandoned in place in accordance with applicable state and federal laws. 30. "Solid waste landfill" means a facility, area of land or excavation in which solid wastes are placed for permanent disposal. Solid waste landfill does not incl ude a land application unit, surface impoundment, injection well, compost pile or waste pile or an area containing ash from the on

- site combustion of coal that does not contain household waste, household hazardous waste or conditionally exempt small quanti ty generator waste. 31. "Solid waste management" means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste in a manner that pro tects public health and safety and the environment and prevents and abates environmental nuisances. 32. "Solid waste management plan" means the plan which is adopted pursuant to section 49

- 721 and which provides guidelines for the collection, source separa tion, storage, transportation, processing, treatment, reclamation and disposal of solid waste in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances. 33. "Storage" means the holding of solid w aste. 34. "Transfer facility" means a site that is owned, operated or used by any person for the rehandling or storage for ninety days or less of solid waste that was generated off site for the primary purpose of transporting that solid waste. Transfer fac ility includes those facilities that include significant solid waste transfer activities that warrant the facility's regulation as a transfer facility. 35. "Treatment" means any method, technique or process used to change the physical, chemical or biologic al character of solid waste so as to render that waste safer for transport, amenable for processing, amenable for storage or reduced in volume. 36. "Vegetative waste" means waste derived from plants, including tree limbs and branches, stumps, grass clippin gs and other waste plant material. Vegetative waste does not include processed lumber, paper, cardboard and other manufactured products that are derived from plant material. 37. "Waste pile" means any noncontainerized accumulation of solid, nonflowing wast e that is used for treatment or storage. 38. "Waste tire" does not include tires used for agricultural purposes as bumpers on agricultural equipment or as ballast to maintain covers at an agricultural site, or any tire disposed of using any of the methods in section 44

- 1304, subsection D, paragraphs 1, 2, 3, 5 through 8 and 11 and means any of the following: (a) A tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (b) A tire that is removed from a motor vehi cle and is retained for further use. (c) A tire that has been chopped or shredded. 39. "Waste tire facility" means a solid waste facility at which five thousand or more waste tires are stored outdoors on any day.

49

- 701.01

. Definition of solid waste; exem ptions A. "Solid waste" means any garbage, trash, rubbish, waste tire, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semisolid or contained gas eous material. B. The following are exempt from the definition of solid waste:

## 37 1. Hazardous waste regulated pursuant to chapter 5 of this title. 2. Waste that contains radioactive materials subject to the atomic energy act of 1954 (42 United States Code se ctions 2011 through 2297, 68 Stat. 919) or title 30, chapter 4. 3. Any discharge from a facility regulated pursuant to chapter 2, article 3 of this title. 4. Any discharge regulated pursuant to section 402 or 404 of the clean water act (33 United States Co de sections 1342 and 1344). 5. Domestic sewage. 6. Discharges into a publicly or privately owned treatment works including the treatment works and the sewer collection system. 7. Irrigation waters. 8. Irrigation return flows. 9. Reclaimed wastewater from w astewater reuse facilities. 10. Leachate resulting from the direct natural infiltration of precipitation through undisturbed regolith or bedrock, if pollutants are not added by man. 11. Storm water. 12. Substances and materials that remain on site as speci fically approved in a work plan or other approval by the department in the course of remedial or corrective actions undertaken pursuant to any of the following: (a) Chapter 2, articles 3 and 5 of this title. (b) Chapters 5 and 6 of this title. (c) The comp rehensive environmental response, compensation, and liability act of 1980 (P.L. 96

- 510; 94 Stat. 2767; 42 United States Code sections 9601 through 9675). (d) The federal water pollution control act amendments of 1972 (P.L. 92

- 500; 86 Stat. 816; 33 United S tates Code sections 1251 through 1387). (e) The resource conservation and recovery act of 1976 (P.L. 94

- 580; 90 Stat. 2795; 42 United States Code sections 6901 through 6992). 13. Water used in gardening, lawn care, landscape maintenance and related activit ies. 14. Discharges from ponds used for watering livestock and wildlife. 15. Landscaping rubble used to reclaim land. 16. Mining industry off

- road waste tires that are larger than three feet in outside diameter and that are buried at the site and rock, lea chate material, tailing and slag that are produced and maintained at the site of the mining or metallurgical operation. 17. Inert material. 18. Effluent as defined in section 45

- 101. 19. Return flows from irrigated agriculture. 20. Materials generated on s ite that are processed or reused on site if the following conditions are met: (a) On

- site processing or reuse of the materials is technically feasible. (b) At least seventy

- five per cent by weight or volume of the materials that are accumulated on site for processing or reuse each year are processed or reused in that same year. (c) Materials that are accumulated on site for processing or reuse are managed in a manner that: (i) Controls wind dispersion and other surface dispersion of the materials so that th e materials do not create a public nuisance or pose an imminent and substantial endangerment to public health or the environment. Visible materials that are dispersed beyond the boundaries of the site shall be collected on a regular basis by the operator o f the site.

## 38 (ii) Does not discharge hazardous substances as defined in section 49

- 281 to surface water, groundwater or subsurface soils in a manner that creates a public nuisance or poses an imminent and substantial endangerment to public health or the env ironment. (iii) Controls vector breeding and fire hazards. (iv) Controls public access to the materials by the use of reasonable measures. C. Any person may petition the director to exempt a substance as solid waste by submitting a written request to the d irector. The request may be for a statewide or site

- specific exemption. Within ninety days after receipt of a written request, the director shall determine whether to exempt the substance. The director's determination shall be based on a demonstration that the substance is unlikely to cause or substantially contribute to a threat to the public health or the environment. The procedure is as follows: 1. Within thirty days after the director's determination to add a substance on a site

- specific basis, a notice of that determination shall be published in the Arizona administrative register. A site

- specific determination is effective on the date of the director's determination. 2. Within thirty days after the director's determination to add a substance on a state wide basis, the director shall initiate rule making to add the substance to the list of exemptions. This rule making is exempt from the requirements of title 41, chapter 6, except for the requirements regarding public notice. The effective date for the fin al rule is the effective date for the exemption. D. Nothing in this section shall affect the department's authority to require abatement of any environmental nuisance pursuant to chapter 1, article 3 of this title.

49

- 701.02

. Exemptions from definition of solid waste; soils; seller's duty to disclose A. The following are exempt from the definition of solid waste: 1. On

- site excavated soils that meet, at the on

- site location where the soils are to be deposited, applicable predetermined remediation levels ad opted by the department pursuant to chapter 1, article 4 of this title and applicable groundwater protection levels allowed pursuant to the leachability guidance policy filed with the secretary of state on March 5, 1998, pursuant to section 41

- 1091. If the soils exceed the predetermined residential remediation levels, the following conditions shall be met: (a) The owner of the property upon which the soils are to be deposited shall file a written notice with the director, for placement in the repository est ablished pursuant to section 49

- 152 which includes the name of the property owner, the street address and legal description of the property and the legal description of the area on which the excavated soils which exceed predetermined residential remediatio n levels are placed. (b) If the excavated soils are removed to noncontiguous property owned or operated by the same person, the owner shall notify the department at least seventy

- two hours prior to the intended removal. 2. On

- site excavated soils that meet , at the on

- site location where the soils are to be deposited, applicable site specific remediation levels allowed pursuant to chapter 1, article 4 of this title and applicable groundwater protection levels allowed pursuant to the leachability guidance pol icy filed with the secretary of state on March 5, 1998, pursuant to section 41

- 1091, provided the following conditions are met: (a) The department first approves the use of such levels for the location where the soils are to be deposited. Any person who re quests approval of an action pursuant to this paragraph shall reimburse the department for reasonable costs to review the proposed action.

## 39 (b) The owner of the property upon which the soils are to be deposited shall file a written notice with the director, for placement in the repository established pursuant to section 49

- 152 which includes the name of the property owner, the street address and legal description of the property and the legal description of the area on which the excavated soils which exceed remediation standards for residential exposure assumptions are placed. 3. Excavated soils that are reused at the site of excavation and that meet applicable background remediation levels allowed pursuant to chapter 1, article 4 of this title. 4. Nonexcavat ed soils. 5. Soils that are removed off site and that meet all predetermined residential remediation standards adopted by the department pursuant to chapter 1, article 4 of this title if the placement of soils at the off

- site location meets all the require ments of the soil remediation standards adopted by the department pursuant to chapter 1, article 4 of this title. B. An owner of property who has actual knowledge that the property has been used for the disposal of excavated soils which do not meet predete rmined residential soil remediation levels or remediation standards for residential exposure assumptions adopted by the department pursuant to chapter 1, article 4 of this title shall, prior to transferring ownership of the property, give written notice of the disposal of the excavated soils that do not meet predetermined residential soil remediation levels or remediation standards for residential exposure assumptions to the purchaser. Actions brought pursuant to this subsection for failure of the seller to provide such written notice to the purchaser shall proceed as other civil actions.

49

- 702

. Authorization to accept funds or grants The department, counties and incorporated cities and towns may accept and expend any funds granted to them or otherwise mad e available by the federal government, any political subdivision of this state, any agency or branch of the federal or state government, or any private agency in order to carry out the purposes of this chapter.

49

- 703

. Joint operation A. The department ma y cooperate with, coordinate or enter into agreements and memoranda of understanding with appropriate federal, state, political subdivision and tribal governments, and with other appropriate persons, both public and private, in carrying out its duties and promoting its objectives under this chapter. B. Each county, city or town may exercise authority to jointly own or operate, with any other person, any public facility within this state and also may enter into cooperative agreements as necessary and appropr iate for the operation of any public facility. C. Each county, city or town may, either alone or in combination with any other county, city or town, contract with any person to provide any service required or authorized by this chapter.

49

- 704

. Applicabil ity of chapter to local regulations and services This chapter does not prevent any county, city or town from adopting and enforcing any ordinance, resolution or other policy relating to solid waste regulation or solid waste services if such policy is other wise authorized by statute or charter and is not in conflict with this chapter or any rule or regulation adopted pursuant to this chapter.

49

- 705

. Integration of solid waste programs

## 40 The director shall consider and integrate federal and state laws and ru les and all of the programs authorized in this chapter and those other programs regulating solid waste management that are administered by the department for purposes of administration and enforcement and shall avoid duplication and dual regulation to the maximum extent practicable.



### Article 2 Planning and Assistance

49

- 721

. Statewide solid waste management plan The department shall prepare and keep current a statewide solid waste management plan which establishes standards for solid waste facilities in c ooperation with facility owners or operators, local governments and management agencies. The department shall notify solid waste management agencies and facility owners or operators of proposed changes to the plan at least three months prior to submission of the plan to the director for adoption. The department shall update and readopt the plan as determined necessary by the director.

49

- 722

. Planning and technical assistance A. The department may provide technical and planning assistance as appropriate to solid waste facility owners or operators and management agencies, including the training of personnel. B. Each county, city or town may render technical assistance as appropriate to the state, counties, municipalities, local agencies, local health officer s, private industries and others in the planning and operation of solid waste facilities.

49

- 723

. Research and development A. The department may initiate, conduct and support research, development and demonstration projects and programs directed toward im proving solid waste management, resource conservation and resource recovery methods, techniques, systems and facilities, or for preventing or mitigating the adverse effects of environmental pollution. B. Each county, city or town may conduct studies and in vestigations regarding new or improved methods of solid waste management and may coordinate the studies with other agencies. C. If the research, development or demonstration project is subject to solid waste facility plan requirements pursuant to section 4 9

- 762, the department may exempt the project from some or all of the plan review requirements for no more than one year.

49

- 724

. Distribution of appropriated funds to local governments The department shall develop criteria in consultation with local gove rnments for the distribution of funds appropriated to county, city or town management agencies or their designated representatives, if funds have been appropriated for this purpose.



### Article 3 Solid Waste Services

49

- 741

. Local public facilities for soli d waste management Each county, city or town shall: 1. Provide or otherwise ensure proper arrangements are made for public facilities at such intervals and as conveniently as the governing body deems necessary for the safe and

## 41 sanitary disposal of solid wa ste generated within its jurisdiction but need not duplicate a service provided by a private enterprise or another political subdivision. 2. Comply with regulations adopted by the director in the administration of solid waste management programs.

49

- 742

. User fees User fees may be established or waived by a county, city or town to cover all or part of the cost of development, construction, operation, administration and financing of solid waste management activities.

49

- 743

. Commercial permits Each county, city or town may require that persons using public facilities provided by it obtain permits if determined necessary for the purpose of regulating, identifying and determining specific categories of waste and waste haulers.

49

- 744

. Salvaging A management agency may permit salvaging, but such salvaging shall be supervised and strictly controlled. Each county, city or town may regulate salvaging of solid waste at any public facility it provides.

49

- 745

. Ownership of solid waste Solid waste offered or set ou t for collection, transportation, storage, disposal or recovery becomes, on acceptance by a management agency or solid waste facility, the sole property of the accepting management agency or solid waste facility.

49

- 746

. Private enterprise recycling and solid waste management A. A municipality of this state, with a population exceeding sixty thousand, shall not prohibit or unreasonably restrain a private enterprise from delivering commercial or industrial recycling services or commercial or industrial sol id waste management services within or to the municipality. B. The municipality shall prescribe rules for the delivery of recycling services and commercial or industrial solid waste management services that promote availability of these services and promot e competition in the delivery of these services. C. It shall not be presumed to be an unreasonable restraint for a municipality to have limited the number of commercial or industrial solid waste management service companies to one company for each sixty th ousand or fewer persons in order to facilitate the regulation of solid waste collection pursuant to section 49

- 765 provided that at least seven companies are permitted under such an ordinance. D. For purposes of this section, the population of a municipali ty is deemed to be the official estimate as last determined by the department of economic security pursuant to section 41

- 1954.

49

- 747

. Annual registration of solid waste landfills; fee; disposition of revenue A. All solid waste landfills shall be registe red annually with the department. B. The director shall establish a procedure for mailing registration forms each year to the owners of all solid waste landfills. The registration is valid for one year from the date of registration.

## 42 C. At the time of regis tration the owner of a solid waste landfill shall pay to the department an annual fee for each site registered which is determined according to the population that the landfill serves based on the following schedule: 1. For solid waste landfills that serve fewer than ten thousand people, five hundred dollars. 2. For solid waste landfills that serve at least ten thousand people but less than twenty

- five thousand people, seven hundred fifty dollars. 3. For solid waste landfills that serve at least twenty

- five thousand people but less than fifty thousand people, one thousand dollars. 4. For solid waste landfills that serve at least fifty thousand people but less than one hundred thousand people, two thousand dollars. 5. For solid waste landfills that serve at l east one hundred thousand people but less than two hundred thousand people, three thousand dollars. 6. For solid waste landfills that serve two hundred thousand people or more, five thousand dollars. 7. Solid waste landfills that are open to the public and that accept demolition waste shall pay a flat fee of one thousand five hundred dollars. 8. Solid waste landfills that are closed to the public and that accept nonhazardous waste shall pay a flat fee of one thousand five hundred dollars. D. All monies coll ected pursuant to this section shall be deposited in the solid waste fee fund established by section 49

- 881. The director may authorize the expenditure of monies from the solid waste fee fund to pay the reasonable and necessary costs of administering the

r egistration program pursuant to section 49

- 881.



### Article 4 Regulation of Solid Waste

49

- 761

. Rule making authority for solid waste facilities; financial assurance; recycling facilities A. The department shall adopt rules regarding the storage, processing , treatment and disposal of solid waste as prescribed by subsections B through M of this section. In adopting rules, the department shall consider the nature of the waste streams at the facilities to be regulated. The department shall also consider other a pplicable federal and state laws and rules in an effort to avoid practices or requirements that duplicate, are inconsistent with or will result in dual regulation with other applicable rules and laws. In adopting rules for solid waste facilities, the direc tor may include requirements for corrective actions in response to a release, as defined in section 49

- 281, from a solid waste facility that violates or results in a violation of any provision of this chapter, rule promulgated pursuant to this chapter or s olid waste facility plan approved pursuant to this chapter. These rules shall be consistent with the provisions of section 49

- 762.08, subsection B, subsection C, paragraphs 1 and 2, and subsections D and E. B. For purposes of administering 42 United States Code section 6945, as amended November 8, 1984, 40 C.F.R. part 258 is adopted by reference except as prescribed by paragraph 2 of this subsection. This subsection, as it applies to municipal solid waste landfills, governs if there is any conflict between this subsection and any other statute relating to solid waste. Municipal solid waste landfill facility plans submitted pursuant to section 49

- 762 shall comply with this subsection. In administering this subsection or in adopting or administering any rules adopted pursuant to this subsection, the department shall ensure that any discretion allowed to a director of an approved state pursuant to the federal regulations is maintained. The following apply to the department's administration of 42 United States Co de section 6945 and to the department's adoption of rules for municipal solid waste landfills:

## 43 1. The department may adopt rules for municipal solid waste landfills. Rules adopted pursuant to this paragraph shall not be more stringent than or conflict with 40 C.F.R. part 258 for nonprocedural standards, except that the department may adopt aquifer protection standards that are more stringent than 40 C.F.R. part 258 if those standards are consistent with and no more stringent than standards developed pursuan t to chapter 2, article 3 of this title, or if the standards are adopted pursuant to article 9 of this chapter. Rules adopted pursuant to this paragraph are effective on the concurrence of the administrator with this state's municipal solid waste landfill program. 2. 40 C.F.R. part 258, table I is not adopted in its entirety. The department shall use aquifer water quality standards that have been adopted by the department pursuant to section 49

- 223 and shall use those portions of table I that are more restr ictive than the standards adopted pursuant to section 49

- 223. C. The department shall adopt rules for those solid waste land disposal facilities that are not municipal solid waste landfills. Rules adopted pursuant to this subsection shall not be more strin gent than or conflict with 40 C.F.R. part 257 for nonprocedural standards, except that the department may adopt aquifer protection standards that are more stringent than 40 C.F.R. part 257 if these standards are consistent with and no more stringent than s tandards developed pursuant to chapter 2, article 3 of this title, or if the standards are adopted pursuant to article 9 of this chapter. In administering this subsection, the department shall ensure that any discretion allowed to a director of an approved state pursuant to the federal regulations is maintained in the department's rules. Aquifer protection provisions adopted pursuant to this subsection do not apply to an owner or operator of a solid waste facility if the owner or operator submits an adminis tratively complete application for an aquifer protection permit pursuant to chapter 2, article 3 of this title before the date that the owner or operator is required to submit a solid waste facility plan. D. The department shall adopt rules to define bioha zardous medical waste and to regulate biohazardous medical waste and medical sharps to include all of the following: 1. A definition for biohazardous medical waste that includes wastes that contain material that is likely to transmit etiologic agents that have been shown to cause or contribute to increased human morbidity or mortality of epidemiologic significance. The department shall consult with the department of health services in making this determination. 2. Reasonably necessary rules regarding the st orage, collection, transportation, treatment and disposal of biohazardous medical waste and medical sharps, beginning with the placement by the generator of the waste in containers for the purpose of waste collection. In the case of self

- hauling of waste b y the generator, all storage facilities under the generator's control and all waste handling practices including storage, treatment and transportation shall be in accordance with these rules. The department shall also adopt reasonably necessary rules regar ding the tracking of biohazardous medical waste and medical sharps. E. The department may adopt reasonably necessary rules regarding the storage, collection, transportation, treatment and disposal of nonbiohazardous medical waste beginning with the placeme nt by the generator of the waste in containers for the purpose of waste collection. In the case of self

- hauling of the waste by the generator, all storage facilities under the generator's control and all waste handling practices including storage, treatmen t and transportation shall be in accordance with these rules. F. The department shall adopt rules for the application of sludge from a wastewater treatment facility to land for use as fertilizer or beneficial soil amendment. For purposes of this

## 44 subsection , "sludge" has the same meaning as sewage sludge as defined in 40 Code of Federal Regulations section 122.2 in effect on January 1, 1998. G. The department shall adopt rules regarding the storage, processing, treatment or disposal of solid waste at solid w aste facilities that are identified in section 49

- 762.01. The rules shall allow the owner or operator to certify compliance with the department's statutes and rules in lieu of obtaining a solid waste facility plan approval. The rules shall provide that the applicant at its option may request approval of a solid waste facility plan rather than certifying compliance. H. The department shall issue by rule best management practices for the classes of solid waste facilities set forth in section 49

- 762.02. I. The department shall adopt reasonably necessary rules establishing minimum standards for storing, collecting, transporting, disposing and reclaiming solid waste, including garbage, trash, rubbish, manure and other objectionable wastes. These rules shall provi de for inspecting premises, containers, processes, equipment and vehicles, and for abating as environmental nuisances any premises, containers, processes, equipment or vehicles that do not comply with the minimum standards of these rules. The rules adopted pursuant to this subsection do not apply to sites that are either regulated by section 49

- 762, 49

- 762.01 or 49

- 762.02 or exempted by section 49

- 701, paragraph 29 or section 49

- 701.01. Notwithstanding any other provision of this subsection, rules adopted p ursuant to this subsection shall apply to defining environmental nuisances pursuant to section 49

- 141. J. The department shall adopt rules relating to financial assurance requirements. The rules shall indicate the types of financial assurance mechanisms to be required and the content, terms and conditions of each financial mechanism, including circumstances under which the department may take action on the financial assurance mechanism for facility closure, postclosure care if necessary and corrective actio n for known releases. The financial assurance mechanisms shall include all of the following: 1. Surety bond. 2. Certificate of deposit. 3. Trust fund with pay

- in period. 4. Letter of credit. 5. Insurance policy. 6. Certificate of self

- insurance. 7. Deposit with the state treasurer. 8. Evidence of ability to meet any of the following: (a) Corporate financial test. (b) Local government financial test. (c) Corporate guarantee test. (d) Local government guarantee test. (e) Political subdivision financial test t hat shall require the department to consider the entity's bond rating, income stream, assets, liabilities and assessed valuation of taxable property. 9. Multiple financial assurance mechanisms. 10. Additional financial assurance mechanisms that may be acce ptable to the director. K. The department shall adopt rules that prescribe standards to be used in determining if a site is a recycling facility. L. The director may adopt rules that prescribe standards to be used in determining if a solid waste facility i ncludes significant solid waste transfer activities that warrant the facility's regulation as a transfer facility.

## 45 M. The department shall adopt facility design, construction, operation, closure and postclosure maintenance rules for biosolids processing fa cilities and household waste composting facilities that must obtain plan approval pursuant to section 49

- 762.

49

- 762

. Facilities requiring solid waste facility plans The owner or operator of the following solid waste facilities shall obtain approval of a solid waste facility plan in accordance with sections 49

- 762.03 and 49

- 762.04: 1. Solid waste land disposal facilities. 2. Biosolids processing facilities. 3. Medical waste facilities. 4. Special waste facilities. 5. Municipal solid waste landfills. 6. Com mercial or government

- owned household waste composting facilities. 7. A site at which five hundred or more waste tires are stored on any day and any tire is stored for more than twelve months unless the site is a waste tire collection site owned by a munic ipality or a county.

49

- 762.01

. Facilities requiring self

- certification The owner or operator of all solid waste facilities that are not listed in either section 49

- 762 or 49

- 762.02 shall comply with self

- certification procedures prescribed by section 49

- 762.05. A waste tire facility that is not required to obtain solid waste facility plan approval pursuant to section 49

- 762, paragraph 7 must comply with self

- certification procedures as prescribed in section 49

- 762.05.

49

- 762.02

. Facilities subject to bes t management practices; rules The following solid waste facilities are subject to best management practices adopted in accordance with section 49

- 761, subsection H: 1. Transfer facilities that have a daily solid waste throughput of one hundred eighty cubic yards or less. 2. Recycling facilities that are located off site, that are used for the collection of recyclable material, that have a storage capacity of one hundred eighty cubic yards or less and that store the recyclable material for less than ninety d ays. 3. Recycling facilities that are located on site and that are used solely for the collection and storage of recyclable material for less than one hundred eighty days. 4. Closed loop recycling facilities that are located at the site of waste generation

. 5. A site at which more than five hundred and fewer than five thousand waste tires are stored on any day and that is not required to obtain solid waste facility plan approval pursuant to section 49

- 762, paragraph 7. 6. A solid waste facility where only a sbestos

- containing waste materials from manufactured products are stored, processed, treated or disposed. The best management practices for these facilities that shall apply are as follows: (a) For solid waste facilities handling asbestos

- containing waste materials that are regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61, subpart M: (i) The national emission standards for hazardous air pollutants that are incorporated by reference in the rules adopted pursuant to chapter 3 of this title.

## 46 (ii) For solid waste land disposal facilities that are not municipal solid waste landfills, 40 Code of Federal Regulations part 257. (iii) For solid waste land disposal facilities, financial assurance pur suant to the requirements and time frames of section 49

- 770. (iv) Solid waste facility notification pursuant to section 49

- 762.05, subsection B, paragraph 5. (v) Compliance with local zoning laws or section 49

- 767, if applicable. (b) For solid waste facili ties handling asbestos

- containing waste materials that are not regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61, subpart M: (i) Compliance with section 49

- 762.07. (ii) Compliance with lo cal zoning laws or section 49

- 767, if applicable. 7. Any other solid waste facility that the director determines by rule should be subject to best management practices.

49

- 762.03

. Solid waste facility plan approval A. Except as provided in subsections C and E of this section, the owner or operator of a solid waste facility identified in section 49

- 762 shall obtain the department's approval of a solid waste facility plan as follows: 1. For a new solid waste facility and before commencing construction of th e solid waste facility, the owner or operator shall obtain approval of a solid waste facility plan that satisfies rules adopted by the director. 2. For an existing solid waste facility, the owner or operator shall file with the department a solid waste fa cility plan within one hundred eighty days after the effective date of rules adopted pursuant to section 49

- 761 that contain design and operation standards for that type of solid waste facility. An existing solid waste facility may continue to operate whil e the department reviews the plan. For an existing public solid waste facility that is currently subject to rules that contain design and operation standards, the owner or operator shall file with the department a solid waste facility plan by October 1, 19 96, if the facility has not received plan approval before that date. B. For a solid waste facility subject to site approval pursuant to section 49

- 767, a solid waste facility plan shall not be submitted to the department until the site for the solid waste facility has been approved pursuant to section 49

- 767. For all new solid waste landfills, a solid waste facility plan shall provide evidence of compliance with or the inapplicability of city, town or county zoning ordinances. C. The director shall grant te mporary authorization to operate a new solid waste facility if in the director's opinion the solid waste facility is needed immediately and could not be properly planned in advance. D. An owner or operator of more than one solid waste facility that conduct s similar activities with similar waste streams may prepare and implement a single plan that covers all of its facilities if it has received prior approval from the director and has complied with rules regarding single plans that are adopted by the directo r. E. The director by rule may exempt from some or all of the facility plan approval requirements those solid waste facilities that are located in unincorporated areas and that are used for disposal by any single family residence located on the same proper ty or those solid waste facilities that do not present a threat to public health and safety and the environment. F. The department shall collect from the applicant a reasonable fee based on the department's reasonable direct costs, not including indirect c osts for the processing, review, approval or

## 47 disapproval of the plan, to be reviewed on an annual basis. The director may amend an existing rule or adopt a new rule to establish criteria for those costs. That rule making is exempt from title 41, chapter 6, except that the director shall provide for reasonable notice and a hearing. G. The department may contract with private consultants for the purposes of assisting the department in reviewing solid waste facility plan approvals to determine whether a facili ty meets the criteria of section 49

- 762.04. The department shall pay the consultant for the services rendered by the consultant from fees paid by the applicant. If the department contracts with a consultant under this section, an applicant may request that the department expedite the application review by requesting that the department use the services of the consultant and by agreeing to pay the department the costs of the consultant's services. Notwithstanding section 49

- 881, fees collected by the departm ent for expedited plan review shall be deposited in the solid waste fee fund and used for payment of the costs of the consultant services. Fees received for the purpose of expedited plan review are not subject to appropriation.

49

- 762.04

. Solid waste fac ility plan review procedures A. The department shall review and approve or disapprove a solid waste facility plan as follows: 1. Within thirty days after receipt of a solid waste facility plan, the department shall issue a written determination of whether the plan is an administratively complete plan unless the department requests additional information in writing within the thirty day period. If the department requests additional information in writing within the thirty day period, the department shall iss ue a written administrative completeness determination within fifteen days after the receipt of the additional information. Failure of the department to make an administrative completeness determination within the time periods set forth in this paragraph i s deemed to be a determination that the plan is administratively complete. 2. Within thirty days after an administrative completeness determination for a new solid waste facility, the department shall issue public notice of the proposed solid waste facilit y plan once each week for two consecutive weeks in a newspaper of general circulation in the area in which the new solid waste facility will be located. The notice shall describe the type of solid waste facility and request comments on the proposed plan. T he comment period shall not exceed thirty days. Comments shall be limited to whether the proposed plan meets the criteria for approval prescribed in paragraph 5 of this subsection. Comments on the proposed plan shall include the name of the person making t he comments and, if in writing, the signature of that person. 3. Within sixty days after an administrative completeness determination for a new solid waste facility or within one hundred twenty days for an existing solid waste facility, the department shal l provide the applicant with a comprehensive list of any technical deficiencies in the plan, including a detailed rationale for each deficiency and a recommendation for correcting the deficiency. If the department provides the applicant with a comprehensiv e list of all technical deficiencies as prescribed in this paragraph, the time limits prescribed by paragraph 4 of this subsection shall be suspended from the date of the applicant's receipt of the list of technical deficiencies until the date when the dep artment receives the applicant's response to the list of technical deficiencies. 4. For a new solid waste facility, the department shall issue a written decision to approve or disapprove the solid waste facility plan within ninety days of an administrative completeness

## 48 determination. For an existing solid waste facility, the department shall issue a written decision to approve or disapprove the solid waste facility plan within one hundred eighty days of an administrative completeness determination. The depa rtment's decision to approve or disapprove a plan for an existing solid waste facility is effective immediately. A person who has submitted a solid waste facility plan for department approval may extend the time limits in this subsection for an additional period of up to sixty days. 5. The department shall use the following criteria in reviewing a solid waste facility plan: (a) The solid waste facility shall not pose a substantial endangerment to public health or safety or the environment. (b) The solid was te facility shall not cause an environmental nuisance. (c) The solid waste facility shall comply with this chapter and rules that are adopted pursuant to section 49

- 761 and that are applicable to that type of facility. 6. If there is sufficient public inte rest as evidenced by written comments submitted pursuant to paragraph 2 of this subsection in opposition to the proposed solid waste facility plan for a new solid waste facility, the department shall hold a public hearing on its decision to approve the sol id waste facility plan within forty

- five days after the date of approval. Notice of the public hearing shall be published in a newspaper of general circulation in the area where the new solid waste facility will be located during two consecutive weeks afte r the department's decision to approve the plan. 7. Testimony on the department's decision to approve a solid waste facility plan shall include the name of the person presenting the testimony and, if in writing, the signature of that person. 8. The departm ent shall issue a responsiveness summary by first class mail to those persons who submitted written comments or presented testimony in response to the notices issued pursuant to this section or those persons who requested a copy of the summary. The summary shall be made public within thirty days after the department's decision to approve or disapprove a plan, or, if a public hearing is required, within thirty days after the public hearing. If as a result of testimony at a public hearing, the department beco mes aware of a technical deficiency in the facility plan, the department, before the time the responsiveness summary is originally due, shall notify the applicant of that technical deficiency and shall provide a detailed rationale for each deficiency and a recommendation for correcting the deficiency. The department shall provide this notice to the applicant before the date that the responsiveness summary originally was due. The time limits prescribed by this paragraph shall be suspended from the date of th e applicant's receipt of the deficiency notice until the date the department receives the applicant's response to the deficiency notice. On receipt of the applicant's response, the department has either fifteen days or the remaining time in the original pe riod, whichever is longer, within which to issue the responsiveness summary. The responsiveness summary shall include all of the following: (a) The public notices for the solid waste facility. (b) A summary of the significant public comments on whether th e plan meets the criteria for approval prescribed by paragraph 5 of this subsection. (c) Specific responses of the department to the significant public comments on whether the plan meets the criteria for approval prescribed by paragraph 5 of this subsectio n. (d) The department's final decision on whether the plan is approved or disapproved. This decision is effective on the issuance of the responsiveness summary. B. If the department disapproves a solid waste facility plan, it shall send to the owner or ope rator a complete written, detailed rationale for disapproval.

## 49 49

- 762.05

. Self

- certification procedures; rules A. The owner or operator of a solid waste facility identified in section 49

- 762.01 shall comply with the self

- certification requirements prescrib ed by this section and rules adopted by the director. B. The owner or operator of a new solid waste facility may be required by rule to submit some or all of the following information to the department before the start of construction: 1. Design and operat ional plans or other documents necessary to describe the design of the facility and the practices and methods that are or will be used to comply with the design and operation rules adopted by the director for that type of facility. 2. A demonstration of fi nancial assurance in accordance with section 49

- 770. 3. A demonstration of compliance with either local zoning laws or section 49

- 767. 4. A demonstration of the issuance of other environmental permits that are required by statute. 5. A copy of the public n otice in a newspaper of general circulation in the area in which a new solid waste facility will be located. The public notice shall state the intent to construct and operate a new solid waste facility pursuant to this subsection. C. The owner or operator of an existing solid waste facility may be required by rule to submit some or all of the information described in subsection B, paragraphs 1 through 4 of this section within one hundred eighty days after the adoption of design and operation rules for that type of facility. D. The owner or operator shall maintain all documents required by statute or rule at the solid waste facility or any other location as determined by rule, and those documents shall be made available for inspection pursuant to section 49

- 7 63. E. An owner or operator making a substantial change to a solid waste facility shall submit documentation to the department before the start of construction stating that the facility will remain in compliance with the design and operation rules for that type of facility. The owner or operator of a solid waste facility that makes any changes in its compliance with subsection B, paragraph 2 or 3 of this section shall submit copies of those changes to the department. F. A person making a submittal under th is section shall certify in writing that the information submitted is true, accurate and complete to the best of the person's knowledge and belief. G. Self

- certified facilities identified in section 49

- 762.01 are not subject to the location restrictions of section 49

- 772. H. The department shall collect from the applicant an initial registration fee of five hundred dollars for a self

- certification filing. The department shall collect from the applicant a registration fee of two hundred dollars for a self

- c ertification filing for a substantial change. Fees collected pursuant to this section shall be deposited in the solid waste fee fund established by section 49

- 881. I. An owner or operator of more than one solid waste facility identified in section 49

- 762.0 1 that conducts similar activities with similar waste streams may submit one self

- certification filing for all such facilities if the owner or operator has received prior approval from the director and has complied with rules for self

- certification that ar e adopted by the director. The director shall collect from the applicant only one initial registration fee or substantial change fee for the multiple facility self

- certification filing in the amounts prescribed by subsection H of this section.

49

- 762.06

. Changes to solid waste facilities and amended plans

## 50 A. The department shall adopt rules that establish the criteria to be used in determining the category type of a proposed change to a solid waste facility. The categories are as follows: 1. A type I chang e is an insignificant modification that does not require notification to the department. This includes changes to a facility that are not directly related to the physical management of solid waste or the replacement of equipment or structures with similar items. 2. A type II change is a minor modification that requires notification to the department. This includes changes to a facility that are directly related to the physical management of solid waste and that do not require detailed review by the departme nt. 3. A type III change is a substantial change that does not require public notice. This includes changes that are significant, that require detailed review by the department and that are equally or more protective of the public health and environment, c hanges that are required by statute or regulation or other substantial changes that are not type IV changes. 4. A type IV change is a substantial change that requires public notice. This includes significant changes in the total storage, process, treatment or disposal capacity of the solid waste facility. A type IV change also includes a lateral expansion of an existing solid waste landfill or the addition of a process or a major piece of equipment for which the net effect of the change will be an increase in discharges. B. Before implementation, the director shall approve a type III or type IV change to the design or operation of an approved solid waste facility identified in section 49

- 762. C. The owner or operator of an approved solid waste facility ident ified in section 49

- 762 shall submit a notice of any type II, type III or type IV change to the director. The notice shall describe the purpose and scope of the proposed change and shall state what category of change is requested. The director shall make t he final determination of the category of change that is requested and whether an amended facility plan shall be submitted for a type III or type IV change. The director may request that additional information be submitted to assist in making the determina tion. D. The determination required by subsection C of this section shall be made within the time limits prescribed by this subsection. If the director fails to make a determination within those time limits, the proposed change shall be deemed to be a type II change and in accordance with the facility's approved plan and may be implemented by the owner or operator without further review by the department. The time limits prescribed by this subsection do not apply if the proposed change conflicts with or is inconsistent with the requirements of 40 C.F.R. part 257 or 40 C.F.R. part 258. The time limits are as follows: 1. Fifteen days for solid waste facilities that are not landfills. 2. Thirty days for landfills that are not municipal solid waste landfills. 3. Sixty days for municipal solid waste landfills. E. If the director determines that the change is a type IV change that requires a public notice, within thirty days after receipt of the amended plan the director shall give public notice of the substantial change as prescribed by section 49

- 762.04, subsection A, paragraph 2. If there is sufficient public interest as evidenced by written comments submitted pursuant to section 49

- 762.04, subsection A, paragraph 2 in opposition to the substantial change to the solid waste facility, the department shall hold a public hearing in accordance with the procedures in section 49

- 762.04, subsection A, paragraph 6. Testimony at a public hearing shall be limited to whether the substantial change to the plan meets the crite ria prescribed in section 49

- 762.04, subsection A, paragraph 5. Testimony on the substantial change shall include the name and address of the person presenting the testimony and, if in writing, the signature of

## 51 that person. The director shall issue a notic e of any technical deficiencies and a responsiveness summary in accordance with section 49

- 762.04, subsection A, paragraph 8. F. The director shall approve or deny the amended plan within ninety days after receipt of the amended plan. During the ninety day review period, the department shall comply with the procedures prescribed by section 49

- 762.04, subsection A, paragraph 3 for new solid waste facilities. If a public hearing is to be held, the director has an additional thirty days to hold the public hear ing, issue a responsiveness summary and approve or disapprove the amended plan. A person who has submitted a type II, III or IV change to a solid waste facility plan for department approval may extend these time limits for an additional thirty days on a wr itten request from the department that changes to the solid waste facility plan or additional information is needed before the department can make a decision to approve or deny the plan.

49

- 762.07

. Notices; exemptions; extensions; enforcement; operating s tandards A. Except as provided in subsection B of this section, owners or operators of solid waste facilities in operation on September 1, 1996 shall submit to the director by September 1, 1996 a notice that contains the following information: 1. Facility name and mailing address. 2. Legal description by township, range and section, and county assessor's book, map and parcel number. 3. Description of waste storage and treatment equipment and methods of waste management, including types and volumes of waste handled and time the waste remains on site. 4. Description of waste management practices used at the facility including measures taken to protect the environment and to protect the public health. 5. A diagram of the property showing the location of the sol id waste facility or facilities. B. Notices filed with the department before September 1, 1996 are deemed to satisfy the notice requirement of subsection A of this section unless there has been a substantial change to the solid waste facility before the no tice deadline. A solid waste facility that has obtained a plan approval or that has filed an application for plan approval before September 1, 1996 is exempt from the notice requirement of subsection A of this section. Owners or operators of solid waste fa cilities that begin operations after September 1, 1996 shall submit a notice to the director containing the information specified in subsection A of this section no later than thirty days prior to beginning operation of a solid waste facility. Owners and o perators of recycling facilities shall not be required to submit a notice pursuant to subsection A of this section or this subsection until rules for recycling facilities are adopted pursuant to section 49

- 761, subsection K. C. The department may grant an extension of up to sixty days beyond the September 1, 1996 deadline on receipt of a written request from the owner or operator of a solid waste facility. D. A solid waste facility that does not submit a notice as prescribed by subsection A or B of this sec tion is subject to the enforcement provisions of article 5 of this chapter. E. In the absence of design and operating rules adopted by the director pursuant to section 49

- 761 for solid waste landfills that are not municipal solid waste landfills, owners an d operators of solid waste landfills that are not municipal solid waste landfills shall comply with the provisions of 40 C.F.R. part 257. F. In the absence of design and operating rules adopted by the director pursuant to section 49

- 761 for solid waste fac ilities other than solid waste landfills, owners and operators shall operate those facilities in a manner that:

## 52 1. Controls wind dispersion and other surface dispersion of solid waste from the facility so that the solid waste does not create a public nuisa nce or pose an imminent and substantial endangerment to public health or the environment. Visible solid waste that is dispersed beyond the boundaries of the solid waste facility shall be collected on a regular basis by the operator of the solid waste facil ity. 2. Does not discharge hazardous substances as defined in section 49

- 281 to surface water, groundwater, or subsurface soil in a manner that creates a public nuisance or poses an imminent and substantial endangerment to public health or the environment. 3. Controls vector breeding and fire hazards. 4. Utilizes reasonable measures to control public access to: (a) Medical waste generated by health care facilities. (b) Special waste as defined in section 49

- 851, subsection A.

49

- 762.08

. Corrective actions; application A. Beginning July 1, 1998, the director, in the absence of applicable corrective action rules adopted pursuant to section 49

- 761 for solid waste facilities other than solid waste landfills, may require the owner or operator of a solid waste fa cility to conduct corrective action in response to a release, as defined in section 49

- 281, from a facility, if the release violates or results from a violation of section 49

- 762.07, subsection F or causes or threatens to cause a significant adverse effect on human health or the environment. B. Corrective action taken pursuant to this section shall be conducted in accordance with standards described in section 49

- 282.06, subsection A, subsection B, paragraph 4, subdivisions (a) and (b) and subsections C, D and F. C. This section shall not apply to the following: 1. Corrective or remedial action of groundwater that has been impacted by an off

- site source. 2. A release subject to a corrective action pursuant to chapter 6 of this title relating to underground s torage tanks. 3. A release from a facility subject to the provisions of 40 Code of Federal Regulations part 257 or part 258. D. The department shall avoid practices or requirements that duplicate or are inconsistent with other applicable laws and rules, to the maximum extent practicable, for releases subject to corrective actions pursuant to any of the following: 1. Chapter 2, article 3 of this title relating to aquifer protection permits. 2. Chapter 5 of this title relating to hazardous waste. 3. The feder al water pollution control act amendments of 1972 (P.L. 92

- 500; 86 Stat. 2795; 42 United States Code sections 6901 through 6992). E. For a release from a solid waste facility that was caused or contributed to by more than one responsible party, as defined in section 49

- 283, the director's authority to require corrective action under this section is limited to releases that occur after July 1, 1998, and when the owner or operator of the solid waste facility was subject to regulation pursuant to this chapter. Nothing in this subsection extends or limits the application of chapter 2, article 5 of this title. F. For a release from a solid waste facility subject to the provisions of 40 Code of Federal Regulations part 257 or part 258, the corrective action shall be conducted in accordance with the provisions of those regulations.

49

- 763

. Inspections

## 53 A. The department may conduct such inspections of solid waste facilities and sites that store, treat or process recyclable solid waste as are necessary. The departmen t shall give the management agency or the owner or the operator of the facility the opportunity to have its representative accompany the inspector. Within forty

- five days after the date of the inspection, the department shall provide to the facility owner or operator a copy of any inspection report produced as a result of an inspection of that facility that occurs as prescribed by this section. B. Until the department adopts rules pursuant to section 49

- 761 for a particular type of solid waste facility, so lid waste facilities and sites that store, treat or process recyclable solid waste shall be designed and operated as prescribed by section 49

- 762.07, subsection F. The department's right to inspect facilities operating pursuant to this subsection is limite d to ensuring that the facility is in compliance with section 49

- 762.07, subsection F.

49

- 763.01

. Variances Within ninety days after receipt of a written request for a variance from a solid waste facility owner, operator or management agency, the departme nt may grant a variance from solid waste management rules and standards if the department concludes that no violation of health standards will occur. The department may consider whether an environmental nuisance will result. If the request is denied, the d epartment shall prepare and make available to the management agency or facility owner or operator a written decision including relevant data and a technical analysis supporting the denial. The department shall not grant any variance or temporary authorizat ion to operate under the provisions of this chapter if the proposed variance conflicts or is inconsistent with the requirements of 40 C.F.R. part 257 or 40 C.F.R. part 258.

49

- 764

. Orders; monitoring; pollution control devices A. Except as otherwise provi ded in section 49

- 422 and chapter 3, article 3 of this title, the director may require by order the installation of necessary monitoring and pollution control devices at a solid waste facility if the requirements of subsection B of this section have been
m et. B. Before issuing an order pursuant to subsection A of this section, the director shall determine in writing that all of the following conditions are met: 1. The solid waste facility may adversely affect public health or the environment. 2. A monitorin g, sampling or quantification method or a pollution control device is technically feasible for the subject contaminant and the solid waste disposal facility. 3. An adequate scientific basis for the monitoring, sampling or quantification method or the pollu tion control device exists. 4. The monitoring, sampling or quantification method is reasonably accurate or the pollution control device is reasonably effective. 5. The cost of the method or device is reasonable in light of the use to be made of the data or the device. 6. The director has considered the relative cost and the relative accuracy or effectiveness of any alternative method or device that may be reasonable under the circumstances.

49

- 765

. Local regulation of solid waste collection Each county, c ity or town may establish regulations for private collection of solid waste within its area of jurisdiction, including standards for equipment, hours of operation, license fees and

## 54 insurance requirements as necessary and appropriate to operate a solid wast e collection program. Ordinances or regulations authorized by this section and section 49

- 704 shall be equal to or more stringent than the provisions of this chapter and rules and regulations adopted by the department under this chapter. If authorized by s tatute, each county, city or town may provide for criminal and civil penalties for violation of such ordinances or regulations provided that such penalties do not exceed the penalties authorized by this chapter.

49

- 766

. Agricultural landfills; notice A. A single family residence located on a farm or ranch of more than forty acres in an unincorporated area may operate on site a landfill for the disposal of solid waste resulting from the residents' household activities. The owner or operator of the farm or r anch shall comply with all of the following: 1. The landfill does not violate the floodplain provisions of section 49

- 772, subsection C or the wetland provisions of section 49

- 772, subsection D. 2. The owner or operator submits to the local board of superv isors a location map and a written, general description of the landfill by October 21, 1994, or if solid waste disposal begins after April 24, 1994, within thirty days after disposing of solid waste. 3. The landfill does not create an environmental nuisanc e. B. A person engaged in farming or ranching on at least forty acres in an unincorporated area may operate an agricultural landfill on the property for disposal of solid waste, but not hazardous waste, generated on the property. The person shall comply wi th all of the following: 1. The landfill does not accept household waste, household hazardous waste or conditionally exempt small generator waste. 2. The owner or operator submits to the board of supervisors or its designee a location map and a written, ge neral description of the landfill by October 21, 1994, or if solid waste disposal begins after April 24, 1994, within thirty days after disposing of solid waste. 3. The landfill does not violate the floodplain provisions of section 49

- 772, subsection C or the wetland provisions of section 49

- 772, subsection D. 4. The landfill does not create an environmental nuisance.

49

- 767

. Government owned solid waste facilities; permission; notice of site to property owners; hearing; exemption A. Any agency or politic al subdivision of this state which is required to select or is selecting a possible permanent site for a solid waste facility required to obtain approval pursuant to section 49

- 762 shall not select a site without obtaining approval of the city or town if t he proposed permanent site is located within such city or town or the approval of the county in which the proposed permanent site is located if the proposed permanent site is located in the unincorporated area of the county. B. An agency or political subdi vision of this state which is required to select or which is selecting a possible permanent site for any solid waste facility required to obtain approval pursuant to section 49

- 762 shall post a notice in accordance with requirements specified by the depart ment at the affected property so that the notices are visible from the public rights

of

- way and shall send written notice of the selection of the possible permanent site by first class mail to property owners in the following areas: 1. If the proposed perm anent site is in an unincorporated area, within a three mile radius of the outer boundaries of the proposed permanent site unless the three mile radius intersects a municipal corporate boundary. In such a case, property owners inside the municipal corporat e

## 55 boundary within one thousand feet of the outer boundary of the proposed permanent site shall be notified as well as those property owners outside the municipal corporate boundary within the three mile radius of the outer boundary of the proposed permanen t site. 2. If the proposed permanent site is in an incorporated area, within a one thousand foot radius of the outer boundaries of the proposed permanent site. C. The notice required by subsection B of this section shall be mailed to each owner of real pro perty as shown on the list of property owners furnished by the county assessor and the department of revenue. Within fifteen days after a request for such a list, the county assessor and the department of revenue shall furnish to the agency or political su bdivision a written list stating the name and address of each owner in the areas specified in subsection B of this section. D. Before a political subdivision makes a final decision on a possible permanent site for a facility specified in subsection A of th is section, the political subdivision shall hold a public hearing in the general vicinity of the proposed permanent site, at which interested persons may appear and present their views. The political subdivision shall give notice of the hearing, to include all of the following: 1. Publication of notice in a daily or weekly newspaper of general circulation in the area of the proposed permanent site published once each week, beginning at least two weeks before the hearing. 2. Mailed notice as provided in subs ection B of this section sent at least two weeks before the hearing. 3. Posted notice as provided in subsection B of this section that shall include information on the time and location of the public hearing and a list of those permits that are required in order to operate that proposed solid waste facility. 4. Mailed notice at least two weeks before the hearing to the governing body of any city, town or unincorporated portion of a county that is located within a one

- mile radius of the outer boundaries of t he proposed solid waste landfill. E. Any agency or political subdivision that is holding a hearing that may result in the approval of or a permit for the siting of a solid waste landfill shall mail notice at least two weeks before the hearing to the govern ing body of any city, town or unincorporated portion of a county that is located within a one

- mile radius of the outer boundaries of the proposed solid waste landfill. F. A site for a solid waste facility that has obtained zoning approval pursuant to title 9, chapter 4, article 6.1 or title 11, chapter 6, article 2, is exempt from this section. This subsection shall not apply to agencies and political subdivisions of the state.

49

- 768

. Civil penalties A person who violates a provision of a rule, material p ermit condition or requirement for approval relating to medical waste is subject to a civil penalty of not more than ten thousand dollars for each day for each violation. The attorney general, at the request of the director, shall file an action in the sup erior court in the county in which the violation occurred or in a county in which the department maintains an office to recover civil penalties provided for in this section.

49

- 769

. Agency orders; appeal Except as provided in section 41

- 1092.08, subsecti on H, any final agency order issued pursuant to this article is subject to judicial review pursuant to title 12, chapter 7, article 6.

## 56 49

- 770

. Financial assurance requirements for solid waste facilities A. Beginning one hundred eighty days after the effec tive date of the design and operation rules adopted by the director for that type of solid waste facility pursuant to section 49

- 761, a solid waste facility may not be operated unless financial responsibility has been demonstrated for the costs of closure, postclosure care, if necessary, and any corrective action as a result of known releases from the facility. Financial assurance for municipal solid waste landfills shall be required pursuant to section 49

- 761, subsection B. This subsection applies to small municipal solid waste landfills on October 9, 1997. For all other municipal solid waste landfills, this subsection shall apply on September 1, 1997 unless the director establishes an alternative date pursuant to section 49

- 761, subsection B on a facility specific basis. B. Within one hundred eighty days after the effective date of the design and operation rules adopted by the director for that type of solid waste facility pursuant to section 49

- 761, existing solid waste facilities shall modify and submit e xisting facility plans to the department to demonstrate the financial responsibility required by this section. A solid waste facility in operation before the effective date of the design and operation rules adopted by the director for that type of solid wa ste facility pursuant to section 49

- 761 may continue to operate while the department reviews the modified plan. C. A demonstration of financial responsibility made for a solid waste facility under chapter 2, article 3 of this title shall suffice, in whole or in part, for any demonstration of financial responsibility prescribed by this section. A demonstration of financial assurance or competence required under this section or under chapter 2, article 3 of this title for a solid waste facility shall not be r equired prior to completion of construction but shall be required before the department issues approval to operate. D. The terms and conditions adopted by the director for each financial assurance mechanism shall provide: 1. The amount in current dollars e qual to the cost of hiring a third party to complete site closure and, if necessary, continued postclosure monitoring and maintenance consistent with the plan and any factor to be applied for inflation. Amounts shall be updated annually for landfills and e very three years for all other solid waste facilities to adjust for inflation or as necessary to reflect increased costs resulting from changes to the facility plan or facility conditions. 2. The period after closure for which financial assurance is requir ed. E. The approved financial assurance mechanism shall not be released unless the plan specified closure and postclosure requirements have been completed or unless new financial assurance has been submitted by a new owner or operator of the solid waste fa cility and approved by the director. The owner or operator of the solid waste facility: 1. Shall receive any accrued interest on financial assurance instruments retained by the department. 2. May request a reduction in financial assurance requirements on c ompletion of closure or portions of postclosure monitoring and maintenance that are approved by the director. 3. Shall justify any reduction in closure or postclosure cost estimates in the facility plan. 4. Shall assure that the period of coverage of the f inancial assurance instrument exceeds by a minimum of ninety days the applicable one or three year time period required in subsection D of this section. 5. Shall be released from closure or postclosure financial responsibility on certification by a registe red professional engineer or other environmental professional deemed acceptable by the director that the specific activities of closure or postclosure have been completed in

## 57 accordance with the approved facility plan and placed in the operating record of t he facility plan.

49

- 771

. Restrictive covenants for solid waste landfills A. The director may grant plan approval for operation of a solid waste landfill only if a restrictive covenant has been placed on the disposal area of the facility. An existing sol id waste landfill for which a restrictive covenant is executed before July 1, 1998 is deemed to have satisfied this requirement. The director and all of the owners of the tract of land on which the solid waste landfill is located shall execute the restrict ive covenant. A certified copy of the recorded covenant shall be submitted to the director within sixty days after execution. If the director does not receive the copy within sixty days, the director shall send written notice indicating the deficiency to t he owners of the real property. If a certified copy of the recorded covenant is not received within thirty days of that written notice, the plan is deemed void. B. The owner of the tract of land on which the solid waste landfill is or will be located shall record the instrument imposing the restrictive covenant in the county recorder's office in the county in which the solid waste landfill is located. If the director does not grant plan approval for operation of a solid waste landfill or the application for plan approval is withdrawn, and the tract of land was not used as a solid waste landfill, the owner and the director shall revoke the restrictive covenant. C. The restrictive covenant shall state that the land described in the covenant has been or will be used as a solid waste landfill and that the property owners, their agents or employees or any of their heirs, successors, lessees or assignees shall not engage in development on or in filling, grading, excavating, drilling or mining of the solid waste lan dfill after closure without the approval of the director unless provided for in the approved facility closure or postclosure plan. In making this determination the director shall consider factors such as the original design, type of operation, material dep osited, energy recovery from methane gas and stage of decomposition of the disposal area. The director shall not make any such determination if it will increase the potential for threat to public health and the environment. D. The director may waive the re strictive covenant prescribed by this section if the land is federal land or if a contract that exists between the landowner and the lessee on October 9, 1993 does not allow the lessee to place an encumbrance on the disposal area.

49

- 772

. Location restric tions for solid waste landfills; definitions A. A solid waste facility that is required to obtain approval pursuant to section 49

- 762 shall not be issued a permit pursuant to section 49

- 241, subsection A, receive a plan approval pursuant to section 49

- 762 or be placed on any site if any of the following applies: 1. An irrigation grandfathered right created pursuant to title 45, chapter 2, article 5 is appurtenant to all or any part of the site. 2. Any part of that facility is within one

- half mile of a one hundred

- year floodplain that has one hundred year flows in excess of twenty

- five thousand cubic feet per second, as determined by the federal emergency management agency, except for a site used for any of the following activities: (a) Reclamation of land through the introduction of landscaping rubble or inert material. (b) Material produced in connection with a mining or mineral processing operation. (c) Agricultural on

- site disposal as provided in section 49

- 766. (d) Solid waste transfer or recycling or any other use that does not involve treatment or disposal of solid waste.

## 58 (e) Receipt of solid waste for application to agricultural land as fertilizer or other beneficial soil amendment. (f) The storage, treatment or processing of solid waste at a si te that is not open to the general public and that is in existence on October 9, 1993. B. Owners and operators of new and existing solid waste landfills that are not municipal solid waste landfills and that are located within ten thousand feet of any airp ort runway end used by turbojet aircraft or within five thousand feet of any airport runway end used by only piston

type aircraft shall demonstrate in the facility plan that the facility is designed and operated so that it does not pose a bird hazard to ai rcraft. Owners and operators of solid waste landfills that are located within a five mile radius of any airport runway end used by turbojet or piston

type aircraft shall notify the affected airport and the federal aviation administration. C. In addition to siting requirements established pursuant to subsection A of this section, owners and operators of new and existing solid waste landfills that are not municipal solid waste landfills and that are located in a one hundred

- year floodplain shall demonstrate i n the facility plan that the facility will not restrict the flow of the one hundred

- year flood, reduce the temporary water storage capacity of the floodplain or result in a washout of solid waste so as to pose a hazard to human health and the environment. D. New solid waste landfills that are not municipal solid waste landfills shall not be located in wetlands, unless the owner or operator can demonstrate all of the following: 1. A practicable alternative site that does not involve wetlands is not available

. 2. The construction and operation of the solid waste landfill does not cause, contribute to the violation of any applicable state water quality standard, toxic effluent standard or prohibition, or jeopardize endangered or threatened species or critical h abitat. 3. The construction and operation of the facility do not cause or contribute to significant degradation of wetlands. 4. To the extent required under section 404 of the clean water act or applicable state wetland laws, steps have been taken to atte mpt to achieve no net loss of wetlands as defined in acreage and function by first avoiding impacts to wetlands to the maximum extent practicable pursuant to paragraph 1 of this subsection and offsetting remaining unavoidable wetland impacts through all ap propriate and practicable compensatory mitigation actions. E. New solid waste landfills that are not municipal solid waste landfills shall not be located: 1. Within two hundred feet of a fault that has had displacement in holocene time unless the
owner or operator can demonstrate in the facility plan that an alternative setback distance of less than two hundred feet will prevent damage to the structural integrity of the facility and will protect public health and the environment. 2. In seismic impact zones unless the owner or operator can demonstrate in the facility plan that all containment structures, including liners, leachate collection systems and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified eart h material for the site. F. Owners and operators of new and existing solid waste landfills that are not municipal solid waste landfills and that are located in an unstable area shall demonstrate in the facility plan that engineering measures have been inco rporated into the facility design to ensure that the integrity of the structural components of the facility will not be disrupted, including at a minimum an analysis of the following: 1. On

- site or local soil conditions that may result in significant diffe rential settling. 2. On

- site or local geologic or geomorphologic features. 3. On

- site or local man

- made surface or subsurface features or events.

## 59 G. Subsections C through F and H of This section apply until the director adopts rules for solid waste landfil ls that are not municipal solid waste landfills. H. For purposes of this section, unless the context otherwise requires: 1. "Airport" means a public use airport open to the public without prior permission and without restrictions within the physical capaci ties of available facilities. 2. "Areas susceptible to mass movement" means those areas of influence where the movement of earth material at, beneath or adjacent to the solid waste landfill because of natural or human

- induced events results in the downslop e transport of soil and rock material due to gravity. Areas of mass movement may include landslides, avalanches, debris slides and flows, soil fluxion, block sliding and rock fall. 3. "Bird hazard" means an increase in the likelihood of bird and aircraft c ollisions that may cause damage to the aircraft or injuries to its occupants. 4. "Displacement" means the relative movement of any two sides of a fault measured in any direction. 5. "Fault" means a fracture or a zone of fractures in any material along whic h strata on one side have been displaced with respect to that on the other side. 6. "Floodplain" means the areas adjoining inland waters or including areas where drainage is or may be restricted by man

- made structures that have been or may be covered parti ally or wholly by floodwaters from the one hundred

- year flood. 7. "Holocene" means the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present. 8. "Karst terranes" means areas where karst topography with i ts characteristic surface and subterranean features is developed as a result of dissolution of limestone, dolomite or other soluble rock. Characteristic physiographic features present in karst terranes include sinkholes, sinking streams, caves, large sprin gs and blind valleys. 9. "Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose s ediments. Lithified earth material does not include man

- made materials such as fill, concrete and asphalt or unconsolidated earth materials, soil or regolith lying at or near the earth surface. 10. "Maximum horizontal acceleration in lithified earth materi al" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety per cent or greater probability that the acceleration will not be exceeded in two hundred fifty years, or the maximum expected horizontal acceleration ba sed on a site specific seismic risk assessment. 11. "One hundred

- year flood" or "base flood" means a flood that has a one per cent chance of being equalled or exceeded in a one

- year period, based on criteria established by the director of the department of water resources. 12. "Poor foundation conditions" means those areas where features exist that indicate that a natural or human

- induced event may result in inadequate foundation support for the structural components of a solid waste disposal facility. 13. "Seismic impact zone" means an area with a ten per cent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull, will exceed 0.10g in two hundred fifty years. 14. "Structural components" means liners, leachate collection systems, final covers, run

- on or
run - off systems, flood control components and any other components used in the construction and operation of the solid waste disposal facility that are necessary for protection of public health and the environment.

## 60 15. "Unstable area" means a location that is susceptible to natural or human

- induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas may include poor foundation conditions, areas susceptible to mass movements and karst terranes. 16. "Washout" means the carrying away of solid waste by surface water runoff. 17. "Wetlands" means those areas that are defined in 40 Code of Federal Regulations section 232.2(r).

49

- 773

. Disposal of waste; definition A. No person other than a natural person shall dispose of solid waste at a solid waste landfill within the boundaries of this state unless th e facility meets the applicable requirements of titles III and IV of the federal water pollution control act amendments of 1972, as amended (P.L. 92

- 500; 86 Stat. 816; 33 United States Code section 1151), and one of the following: 1. 40 Code of Federal Reg ulations part 257 as amended on October 9, 1991 and October 1, 1993 and, if applicable, beginning October 9, 1993, 40 Code of Federal Regulations part 258, as promulgated on October 9, 1991 and amended on October 1, 1993. 2. A solid waste facility plan app roval pursuant to section 49

- 762 that was issued after October 1, 1993. B. For the purposes of this section, unless the context otherwise requires, "solid waste" has the same meaning as provided in section 49

- 701.

49

- 774

. Landfill washout; abatement costs ; definitions A. If a washout of solid waste from a solid waste landfill occurs, the director shall issue a cease and desist order pursuant to section 49

- 142 to the owner or the operator of the solid waste landfill and to any person who disposed of solid w aste at that landfill. B. The director may order the owner or the operator of the landfill and any person who disposed of solid waste at that landfill to abate the washout within a time specified in the order and at the expense of the owner, operator or ot her person named in the order. If such persons refuse to comply with the order to abate, the department may recover from the owner and the operator of the landfill and any person who disposed at the landfill the reasonable costs of abating the washout. No person who disposed of solid waste at the landfill shall be liable for a larger proportion of the abatement cost than the person's proportionate share of solid waste at the landfill. Chapter 1, article 3 of this title, relating to environmental nuisances, shall apply to any action filed by the director and any person who is named in the order. C. This section does not apply to any washout that occurred before October 9, 1993. D. This section does not apply to an operation that is exempt from this article on October 9, 1993. E. The authority provided to the director by this section is in addition to the remedies and authority otherwise provided by law. F. For purposes of this section: 1. "Person who disposed" means any person who transported solid waste to th e landfill or who made the decision to use the landfill but does not include a natural person. 2. "Washout" means the carrying away of solid waste off the property of the owner or operator of the landfill by storm water or surface water runoff.



### Article 5 Enforcement

## 61 49

- 781

. Compliance orders; appeal; enforcement A. If the director determines that a person is in violation of any provision of article 3 or 4 of this chapter, a rule adopted pursuant to article 4 of this chapter or any condition of a solid
wa ste facility plan approval issued pursuant to this chapter or is creating an imminent and substantial endangerment to the public health or the environment, the director may issue an order requiring compliance immediately or within a specified period of tim e. B. A compliance order shall state with reasonable specificity the nature of the violation, a time for compliance if applicable and the right to a hearing. C. A compliance order shall be transmitted to the alleged violator by certified mail, return recei pt requested, or by hand delivery. D. At the request of the director, the attorney general may file an action in superior court to enforce orders issued pursuant to this section after the order becomes final.

49

- 782

. Actions on approval to operate A. The director may suspend, amend, withdraw, condition or revoke an approval to operate a solid waste facility if the director determines that the facility is in violation of any rule adopted pursuant to this chapter. B. The suspension, amendment, withdrawal, c onditions or revocation of an approval to operate a solid waste facility shall comply with title 41, chapter 6, article 10. C. The director may require any person who violates a best management practice that is adopted pursuant to section 49

- 761, subsectio n H to comply with the self

- certification requirements prescribed by section 49

- 761, subsection G and the rules adopted pursuant to that section. The director may require compliance within a reasonable time. D. The director may require any person who viola tes section 49

- 761, subsection G or any rule adopted pursuant to that section to comply within a reasonable time with the facility plan approval requirements prescribed by section 49

- 762.04.

49

- 783

. Injunctive relief; civil penalties; costs A. If the dire ctor has reason to believe that a person is in violation of any provision of articles 3 or 4 of this chapter, a rule adopted pursuant to article 4 of this chapter, any condition of an approved solid waste facility plan issued pursuant to article 4 of this chapter or that a person is creating an imminent and substantial endangerment to the public health or the environment, the director through the attorney general may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public health or the environment, without regard to whether the person has requested a hearing. B. A person who violates any provision of articles 3 or 4 of this chapter, a rule adopted pursuant to article 4 of thi s chapter, an order issued pursuant to this article or an approved solid waste facility plan issued pursuant to chapter 4 is subject to a civil penalty of not more than one thousand dollars for each day not to exceed fifteen thousand dollars for each viola tion. At the request of the director, the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.

49

- 784

. Venue An action filed pursuant to sections 49

- 781, 49

- 782 or 49

- 783 shall be brought in the superior court for the county in which the alleged violation occurred or in which the department maintains an office.

## 62 49

- 785

. Agency orders; appeal A. An order issued by the director pursuant to this chapter shall become final unless it is appealed withi n thirty days of issuance pursuant to title 41, chapter 6, article 10. B. Except as provided in section 41

- 1092.08, subsection H, a final agency order issued pursuant to this article is subject to judicial review pursuant to title 12, chapter 7, article 6.



### Article 6 Violations and Penalties

49

- 791

. Violation; classification; penalties A. A person shall not: 1. Practice open burning at a solid waste facility without a variance approval issued by the director. 2. Scavenge at a solid waste facility. 3. Dama ge or destroy signs posted at a solid waste facility. 4. Dump or dispose of solid waste in violation of any provision of this chapter or any applicable rule adopted pursuant to article 4 of this chapter. 5. Operate a solid waste facility in a manner incons istent with the solid waste facility plan after it has been approved or any rule adopted pursuant to article 4 of this chapter. B. A violation of subsection A of this section is a class 2 misdemeanor. C. In addition to the penalties prescribed by subsectio n B of this section or section 13

- 1603, subsection B, a person who violates this section or section 13

- 1603 shall be subject to a civil penalty in an amount prescribed by section 49

- 783.



### Article 9 Management of Special Waste

49

- 860

. Annual reporting r equirements; inspections A. A shipper required to comply with the special waste manifesting procedures of this article shall report the following information to the department on or before March 1 of each year: 1. A shipping description of the special wast e shipped during the preceding year. 2. The volume or weights of each type of special waste shipped during the preceding year. 3. The facility to which the special waste was shipped, identified by name, address, location and groundwater quality protection permit number or aquifer protection permit number, if applicable. B. A facility or person that receives from off site a special waste for treatment, storage or disposal shall report the following information to the department on or before March 1 of each y ear: 1. The shipping descriptions of each special waste received during the preceding year. 2. The volume or weight of each type of special waste received during the preceding year. 3. For each special waste type, the identity by generator name, address, l ocation, telephone number and amount of that special waste sent to the facility during the preceding year. 4. For each special waste type received, a description of the methods and practices used by the receiving facility or person to treat, store or dispo se of the special waste. C. Generators who treat, store or dispose of special waste shall keep records of the volume or weights of each type of special waste handled. Generators who treat, store or dispose of special waste shall report to the department on or before March 1 of each year for each facility:

## 63 1. The volume or weight of each type of special waste treated, stored or disposed of on site for the preceding year. 2. The volume or weight of each type of special waste treated, stored or disposed of off site for the preceding year. 3. For each type of special waste disposed, a description of the methods and practices used to minimize the amount or toxicity of the waste before disposal or reuse that constitutes disposal. 4. The volume or weight of waste r eceived pursuant to section 49

- 863, subsection G. D. The department may conduct inspections of facilities and records in order to enforce this section.

49

- 862

. Compliance orders; injunctive relief A. If the director has reasonable cause to believe that a person is violating this article or a rule adopted pursuant to this article, the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particularity the nature of the violation and shall specify either immediate compliance or a time period for compliance that the director determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable legal requirements. The alleged violator may request a hearing pursuant to title 41, chapter 6, article 10. B. If the director has reasonable cause to believe that an order issued pursuant to this section is being violated or that a person is engaging in an act or practice that constitu tes a violation for which he is authorized to issue an order pursuant to this section, the attorney general, at the request of the director, may apply to the superior court in the county in which the violation is occurring or in which the department has an office for a temporary restraining order, preliminary injunction or permanent injunction. C. If the director has reasonable cause to believe that a person is engaging in an act or practice in violation of this article that causes an imminent and substanti al endangerment to the public health or environment, whether or not the person has requested a hearing, the attorney general, at the request of the director, may apply to the superior court in the county in which the violation is occurring or in which the department has an office for a temporary restraining order, preliminary injunction or permanent injunction.

49

- 865

. Inspections The department may conduct such inspections of facilities that manage special waste, including premises and equipment, as are necessary. The department shall give the management agency or the owner or operator of the facility the opportunity to have its representative accompany the inspector. Within forty

- five days after the date of the inspection, the department shall provide to the facility owner or operator a copy of any inspection report produced as a result of an inspection of that facility that occurs as prescribed by this section.



### Article 10 Solid Waste Fee Fund

49

- 881

. Solid waste fee fund; uses; exemption A. A solid waste fee fund is established. The director shall administer the fund. The fund consists of legislative appropriations, donations, gifts, grants, waste tire administrative monies

## 64 distributed pursuant to section 44

- 1305, subsection B, paragraph 1, solid was te landfill registration fees from section 49

- 747, solid waste fees collected pursuant to section 49

- 762.03, subsection F, special waste management plan fees collected pursuant to section 49

- 857, special waste management fees collected pursuant to section 49

- 863, private consultants expedited plan review fees collected pursuant to section 49

- 762.03, subsection G, self

certification filing fees collected pursuant to section 49

- 762.05, subsection H and solid waste landfill disposal fees collected pursuant to section 49

- 836. B. Monies in the fund are subject to legislative appropriation for solid waste control programs established in the funding sources pursuant to subsection A of this section and as determined by the director. C. On notice from the director, t he state treasurer shall invest and divest monies in the fund as provided in section 35

- 313, and monies earned from investment shall be credited to the fund. Monies deposited in the fund are exempt from the provisions of section 35

- 190 relating to lapsing of appropriations.

TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 13. DEPARTMENT OF ENVIRONMENTAL QUALITY

SOLID WASTE MANAGEMENT


## Supp. 03

- 2 Editor's Note: The Office of the Secretary of State publishes all Chapters on white paper (Supp. 01

- 2). Editor's No te: This Chapter contains rules which were adopted under an exemption from the provisions of the Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to A.R.S. § 49

- 701.01(C)(1) and (2). Exemption from A.R.S. Title 41, Chapter 6 means that th e Department did not submit these rules to the Governor's Regulatory Review Council for review; the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the Department was not required to hold public hearings on these rules. ARTICLE 1. RESERVED ARTICLE 2. SOLID WASTE DEFINITIONS; EXEMPTIONS Article 2, consisting of Section R18

- 13

- 201, adopted effective July 27, 1998, under an exemption from the provisions of A.R.S. Titl e 41, Chapter 6 (Supp. 98

- 3). Section R18

- 13

- 201. Land Application of Biosolids Exemption R18

- 13

- 202. Coal Slurry Discharges from Pipeline Leaks Exemption

ARTICLE 3. REFUSE AND OTHER OBJECTIONABLE WASTES Title 18, Chapter 13, Article 3, consisting of Sect ions R18

- 13

- 301 through R18

- 13

- 312, recodified from Title 18, Chapter 8, Article 5, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). Section R18

- 13

- 301. Reserved R18

- 13

- 302. Definitions R18

- 13

- 303. Responsibility R18

- 13

- 304. I nspection R18

- 13

- 305. Collection Required R18

- 13

- 306. Notices R18

- 13

- 307. Storage

## 65 R18

- 13

- 308. Frequency of Collection R18

- 13

- 309. Place of Collection R18

- 13

- 310. Vehicles R18

- 13

- 311. Disposal; General R18

- 13

- 312. Methods of Disposal ARTICLE 4. RESERVED ART ICLE 5. RESERVED ARTICLE 6. RESERVED ARTICLE 7. SOLID WASTE FACILITY PLAN

REVIEW FEES Article 7, consisting of Sections R18

- 13

- 701 through R18

- 13

- 703, adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95

- 4). Section R18

- 13

- 701. Definitions R18

- 13

- 702. Solid Waste Facility Plan Review Fees R18

- 13

- 703. Review of Bill R18

- 13

- 704. Number of Billable Hours R18

- 13

- 705. Determining the Average Cost Per Employee R18

- 13

- 706. Determining the Hourly Billing Rate ARTI CLE 8. RESERVED ARTICLE 9. SOLID WASTE MANAGEMENT PLANNING Title 18, Chapter 13, Article 9, consisting of Section R18

- 13

- 902, recodified from Title 18, Chapter 8, Article 4, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). Sec tion R18

- 13

- 901. Reserved R18

- 13

- 902. Regional Boundaries ARTICLE 10. RESERVED ARTICLE 11. COLLECTION, TRANSPORTATION, AND DISPOSAL OF HUMAN EXCRETA Article 11 recodified from existing Sections in 18 A.A.C. 8, Article 6 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section R18

- 13

- 1101. Reserved R18

- 13

- 1102. Definitions R18

- 13

- 1103. General Requirements R18

- 13

- 1104. Repealed R18

- 13

- 1105. Reserved R18

- 13

- 1106. Inspection R18

- 13

- 1107. Reserved R18

- 13

- 1108. Repealed R18

- 13

- 1109. Reserved R18

- 13

- 11 10. Reserved R18

- 13

- 1111. Reserved R18

- 13

- 1112. Sanitary Requirements R18

- 13

- 1113. Repealed R18

- 13

- 1114. Repealed R18

- 13

- 1115. Repealed R18

- 13

- 1116. Suspension and Revocation R18

- 13

- 1117. Reinstatement R18

- 13

- 1118. Repealed R18

- 13

- 1119. Repealed R18

- 13

- 112 0. Repealed ARTICLE 12. WASTE TIRES Title 18, Chapter 13, Article 12, consisting of Sections R18

- 13

- 1201 through R18

- 13

- 1210, recodified from Title 18, Chapter 8, Article 7, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3).

## 66 Sec tion R18

- 13

- 1201. Definitions R18

- 13

- 1202. Burial of Mining Waste Tires R18

- 13

- 1203. Cover Requirements R18

- 13

- 1204. Annual Report R18

- 13

- 1205. Burial Cell Closure Certification R18

- 13

- 1206. Storage R18

- 13

- 1207. Maintenance of Records R18

- 13

- 1208. Inspecti ons R18

- 13

- 1209. Repealed R18

- 13

- 1210. Waste Tire Cover ARTICLE 13. SPECIAL WASTE Title 18, Chapter 13, Article 13, consisting of Sections R18

- 13

- 1301 through R18

- 13

- 307, Table A, Exhibit 1, and Appendices A and B, recodified from Title 18, Chapter 8, Arti cle 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). Section R18

- 13

- 1301. Definitions R18

- 13

- 1302. Special Waste Generator Manifesting Requirements R18

- 13

- 1303. Special Waste Shipper Manifesting Requirements R18

- 13

- 1304. Special Waste Receiving Facility Manifesting Requirements R18

- 13

- 1305. Records R18

- 13

- 1306. Reserved R18

- 13

- 1307. Best Management Practices for Waste from Shredding Motor Vehicles Table A. Target Analyses and Sampling Frequency Exhibit 1. Selection of Sa mple Points, Shredder Waste Pile Appendix A. Application for Arizona Special Waste Identification Number Appendix B. Special Waste Manifest

ARTICLE 14. BIOHAZARDOUS MEDICAL WASTE AND DISCARDED DRUGS Article 14, consisting of Sections R18

- 13

- 1401 through R1 8

- 13

- 1420, adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). Section R18

- 13

- 1401. Definitions R18

- 13

- 1402. Applicability R18

- 13

- 1403. Exemptions; Partial Exemptions R18

- 13

- 1404. Transition and Compliance Dates R18

- 13

- 1405. Biohazardous Medical Waste Treated On Site R18

- 13

- 1406. Biohazardous Medical Waste Transported Off Site for Treatment R18

- 13

- 1407. Packaging R18

- 13

- 1408. Storage R18

- 13

- 1409. Transportation R18

- 13

- 1410. Storage, Transfer, Treatment, and Disposal Faci lities; Facility Plan Approval R18

- 13

- 1411. Storage and Transfer Facilities; Design and Operation R18

- 13

- 1412. Treatment Facilities; Design and Operation R18

- 13

- 1413. Changes to Approved Medical Waste Facility Plans R18

- 13

- 1414. Alternative Medical Waste T reatment Methods; Registration and Equipment Specifications R18

- 13

- 1415. Treatment Standards; Quantification of Microbial Inactivation and Efficacy Testing Protocols R18

- 13

- 1416. Recycled Materials R18

- 13

- 1417. Disposal Facilities; Operation R18

- 13

- 1418. D iscarded Drugs R18

- 13

- 1419. Medical Sharps R18

- 13

- 1420. Additional Handling Requirements for Certain Wastes ARTICLE 15. RECODIFIED Editor's Note: The recodification at 7 A.A.R. 2522 described below erroneously moved Sections into 18 A.A.C. 9, Article 9. Th ose Sections were actually recodified to 18 A.A.C. 9, Article 10. See the Historical Notes for more information (Supp. 01

- 4). Article 15, consisting of Sections R18

- 13

- 1501 through R18

- 13

- 1514 and Appendix A, recodified to 18 A.A.C. 9, Article 9 at 7 A.A.R . 2522, effective May 24, 2001 (Supp. 01

- 2).

## 67 Article 15, consisting of Sections R18

- 13

- 1501 through R18

- 13

- 1514 and Appendix A, adopted effective April 23, 1996 (Supp. 96

- 2). Section R18

- 13

- 1501. Recodified R18

- 13

- 1502. Recodified R18

- 13

- 1503. Recodified R 18

- 13

- 1504. Recodified R18

- 13

- 1505. Recodified R18

- 13

- 1506. Recodified R18

- 13

- 1507. Recodified R18

- 13

- 1508. Recodified R18

- 13

- 1509. Recodified R18

- 13

- 1510. Recodified R18

- 13

- 1511. Recodified R18

- 13

- 1512. Recodified R18

- 13

- 1513. Recodified R18

- 13

- 1514. Reco dified Appendix A. Recodified ARTICLE 16. BEST MANAGEMENT PRACTICES FOR PETROLEUM CONTAMINATED SOIL Article 16, consisting of Sections R18

- 13

- 1601 through R18

- 13

- 1614, recodified from 18 A.A.C. 8, Article 16 at 8 A.A.R. 5172, effective November 27, 2002 (S upp. 02

- 4). Section R18

- 13

- 1601. Definitions R18

- 13

- 1602. Applicability R18

- 13

- 1603. Exemptions R18

- 13

- 1604. Waste Determination R18

- 13

- 1605. Transportation R18

- 13

- 1606. Fees R18

- 13

- 1607. Facility Approval; Application R18

- 13

- 1608. General Design and Perfo rmance Standards R18

- 13

- 1609. Treatment Facility R18

- 13

- 1610. Temporary Treatment Facility R18

- 13

- 1611. Storage Facility R18

- 13

- 1612. Accumulation Sites R18

- 13

- 1613. Disposal R18

- 13

- 1614. Records ARTICLE 17. RESERVED ARTICLE 18. RESERVED ARTICLE 19. RESERV ED ARTICLE 20. RESERVED ARTICLE 21. MUNICIPAL SOLID WASTE LANDFILLS Article 21, consisting of Sections R18

- 13

- 2101 through R18

- 13

- 2103, made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03

- 2). Section R18

- 13

- 2101. Definitions R18

- 13

- 2102. Formula for Calculating Annual Registration Fee for an Existing Municipal Solid Waste Landfill R18

- 13

- 2103. Annual Landfill Registration: Due Date and Fees ARTICLE 22. RESERVED ARTICLE 23. RESERVED ARTICLE 24. RESERVED ARTICLE 25. RECYCLING Article 25, consisting of Section R18

- 13

- 2501, adopted by final rulemaking at 5 A.A.R. 4654, effective November 15, 1999 (Supp. 99

- 4). Section

## 68 R18

- 13

- 2501. Recycling Emblem Description and Usage ARTICLE 1. RESERVED Editor's Note: Article 2, consisting of Section R 18

- 13

- 201, was adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 49

- 701.01(C)(1) and (2). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Se cretary of State for publication in the Arizona Administrative Register; the Department did not submit the rules to the Governor's Regulatory Review Council for review; and the Department was not required to hold public hearings on this Section (Supp. 98

- 3 ). ARTICLE 2. SOLID WASTE DEFINITIONS; EXEMPTIONS Editor's Note: The following Section was adopted under an exemption from the provisions of the Administrative Procedure Act which means that these rules were not reviewed by the Governor's Regulatory Revie w Council; the agency did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the agency was not required to hold public hearings on these rules (Supp. 98

- 3). R18

- 13

- 201. Land Appli cation of Biosolids Exemption A. This Section applies only to biosolids as defined in R18

- 13

- 1501(7). The land application of biosolids, when placed on or applied to the land in full conformity with 18 A.A.C. 13, Article 15 and A.R.S. § 49

- 761(F), and if the site of land application has ceased to receive application of biosolids and all applicable site restrictions set by 18 A.A.C. have been satisfied, is exempt statewide from the definition of solid waste found at A.R.S. § 49

- 701.01(A). This exemption app lies only when the biosolids and the soil to which it has been applied remain at the site of the application. B. This exemption does not alter or set any new standard for the soil remediation standards found at 18 A.A.C. 7, Article 2.

Historical Note Adopt ed under and exemption from A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 49

- 701.01(C)(1) and (2), effective July 27, 1998 (Supp. 98

- 3). Amended by exempt rulemaking at 5 A.A.R. 4004, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 202. Coal Slurry Di scharges from Pipeline Leaks Exemption This Section applies only to coal slurry discharges onto the ground from pipeline leaks. Coal slurry discharges onto the ground from pipeline leaks are exempt statewide from the definition of solid waste prescribed in A.R.S. § 49

- 701.01(A) if both of the following conditions are met: 1. The discharge was the result of an accidental pipeline leak. 2. The thickness of the layer of coal slurry on the ground that resulted from the discharge is 3 inches or less.

Historical Note New Section adopted by exempt rulemaking at 5 A.A.R. 4004, effective September 17, 1999 (Supp. 99

- 3).

ARTICLE 3. REFUSE AND OTHER OBJECTIONABLE WASTES R18

- 13

- 301. Reserved R18

- 13

- 302. Definitions A. "Approved" means acceptable to the Department. B. "A shes" means residue from the burning of any combustible material. C. "Department" means the Department of Environmental Quality or a local health department designated by the Department of Environmental Quality. D. "Garbage" means all animal and vegetable wastes resulting from the processing, handling, preparation, cooking, and serving of food or food materials. E. "Manure" means animal excreta, including cleanings from barns, stables, corrals, pens, or conveyances used for stabling, transporting, or pennin g of animals or fowls. F. "Person" means the state, a municipality, district or other political subdivision, a cooperative, institution, corporation, company, firm, partnership or individual. G. "Refuse" means all putrescible and nonputrescible solid and s emisolid wastes, except human excreta, but including garbage, rubbish, ashes, manure, street cleanings, dead animals, abandoned automobiles, and industrial wastes. H. "Rubbish" means nonputrescible solid wastes, excluding ashes, consisting of both combusti ble and noncombustible wastes, such as paper, cardboard, waste metal, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

Historical Note

## 69 Section recodified from A.A.C. R18

- 8

- 502, filed in the Office of the Secretary of State Se ptember 29, 2000 (Supp. 00

- 3). R18

- 13

- 303. Responsibility A. The owner, agent, or the occupant of any premises, business establishment, or industry shall be responsible for the sanitary condition of said premises, business establishment, or industry. No pe rson shall place, deposit, or allow to be placed or deposited on his premises or on any public street, road, or alley any refuse or other objectionable waste, except in a manner described in these rules. B. The owner, agent, or the occupant of any premises , business establishment, or industry shall be responsible for the storage and disposal of all refuse accumulated, by a method or methods described in these rules. C. The collection and disposal of all refuse not acceptable for collection by a collection a gency is the responsibility of each occupant, business establishment, or industry where such refuse accumulates, and all such refuse shall be stored, collected, and disposed of in a manner approved by the Department. D. All dangerous materials and substanc es shall, where necessary, be rendered harmless prior to collection and disposal.

Historical Note Section recodified from A.A.C. R18

- 8

- 503, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 304. Inspection Representative s of the Department shall make such inspections of any premises, container, process, equipment, or vehicle used for collection, storage, transportation, disposal, or reclamation or refuse as are necessary to ensure compliance with these rules.

Historical N ote Section recodified from A.A.C. R18

- 8

- 504, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 305. Collection Required A. Where refuse collection service is available, the following refuse shall be required to be colle cted: Garbage, ashes, rubbish, and small dead animals which do not exceed 75 pounds in weight. B. The following refuse is not considered acceptable for collection but may be collected at the discretion of the collection agency where special facilities or e quipment required for the collection and disposal of such wastes are provided: 1. Dangerous materials or substances, such as poisons, acids, caustics, infected materials, radioactive materials, and explosives. 2. Materials resulting from the repair, excava tion, or construction of buildings and structures. 3. Solid wastes resulting from industrial processes. 4. Animals exceeding 75 pounds in weight, condemned animals, animals from a slaughterhouse, or other animals normally considered industrial waste. 5. Ma nure.

Historical Note Section recodified from A.A.C. R18

- 8

- 505, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 306. Notices A. All collection agencies shall provide each householder, or business establishment served, with a copy of the requirements governing the storage and collection of refuse which shall cover at least the following items: 1. Definitions. 2. Places to be served. 3. Places not to be served. 4. Scheduled day or days of collection. 5. Materials acceptab le for collection. 6. Materials not acceptable for collection. 7. Preparation of refuse for collection. 8. Types and size of containers permitted. 9. Points from which collections will be made. 10. Necessary safeguards for collectors. B. All such notices g overning storage and collection shall conform to these rules.

Historical Note

## 70 Section recodified from A.A.C. R18

- 8

- 506, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 307. Storage A. All refuse shall be stored in acco rdance with the requirements of this Section. The owner, agent, or occupant of every dwelling, business establishment, or other premises where refuse accumulates shall provide a sufficient number of suitable and approved containers for receiving and storin g of refuse, and shall keep all refuse therein, except as otherwise provided by this Chapter. B. Garbage shall be stored in durable, rust resistant, nonabsorbent, watertight, and easily cleanable containers, with close fitting covers and having adequate ha ndles or bails to facilitate handling. The size of the container shall be determined by the collection agency. C. Rubbish and ashes shall be stored in durable containers. Bulky rubbish such as tree trimmings, newspapers, weeds, and large cardboard boxes sh all be handled as directed by the collection agency. Where garbage separation is not required, containers for the storage of mixed rubbish and garbage shall meet the requirements specified in subsection (B) above. D. Containers for the storage of refuse sh all be maintained in such a manner as to prevent the creation of a nuisance or a menace to public health. Containers that are broken or otherwise fail to meet the requirements of the rules shall be replaced, by the owner of said containers, with approved c ontainers. E. Manure and droppings shall be removed from pens, stables, yards, cages, conveyances, and other enclosures as often as necessary to prevent a health hazard or the creation of a nuisance. All material removed shall be handled and stored in a ma nner that will maintain the premises nuisance free.

Historical Note Section recodified from A.A.C. R18

- 8

- 507, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 308. Frequency of Collection A. The frequency of collection shall be in accordance with rules of the collection agency but not less than that shown in the following schedules: 1. Garbage only

-- twice weekly. 2. Refuse with garbage

-- twice weekly. 3. Rubbish and ashes

-- as often as necessary to prevent nuisances and fly breeding. B. A variance from the required frequency rate may be granted to allow for the collection of garbage once weekly. The variance may be granted by the Department of Environmental Quality upon submission of an acceptable plan approved by the local health department demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical, or mechanical means. The variance may be revoked whenever the Department of Environmental Quality determines that the circumstances warranting the variance no longer exist.

Historical Note Section recodified from A.A.C. R18

- 8

- 508, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 309. Place of Collection A. A ll refuse shall be properly placed on the premises for convenient collection as designated by the collection agency. B. Where alleys are provided, collection shall be made on the alley side of the premises.

Historical Note Section recodified from A.A.C. R1 8

- 8

- 509, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 310. Vehicles A. Vehicles used for collection and transportation of garbage, or refuse containing garbage, shall have covered, watertight, metal bodies of easily cleanable construction, shall be cleaned frequently to prevent a nuisance or insect breeding, and shall be maintained in good repair. B. Vehicles used for collection and transportation of refuse shall be loaded and moved in such a manner that the contents , including ashes, will not fall, leak, or spill therefrom. Where spillage does occur, it shall be picked up immediately by the collector and returned to the vehicle or container. C. Vehicles used for collection and transportation of rubbish or manure shal l be of such construction as to prevent leakage or spillage, and shall provide a cover to prevent blowing of materials or creating a nuisance.

Historical Note Section recodified from A.A.C. R18

- 8

- 510, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3).

## 71 R18

- 13

- 311. Disposal; General A. All refuse shall be disposed of by a method or methods included in these rules and shall include rodent, insect, and nuisance control at the place or places of disposal. Approval must be obtained fro m the Department for all new disposal sites and may change in the method of disposal prior to use. B. Carcasses of large dead animals shall be buried or cremated, unless satisfactory arrangements have been made for disposal by rendering or other approved m ethods. C. All public "dumping grounds", provided in compliance with A.R.S. § 9

- 441, shall be maintained and operated in accordance with the requirements of these rules. D. Manure shall be disposed of by sanitary landfill, composting, incineration, or used as fertilizer in such a manner as not to create insect breeding or a nuisance.

Historical Note Section recodified from A.A.C. R18

- 8

- 511, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 312. Methods of Disposal Approva l must be obtained from the Department for any method or methods used for the disposal of refuse prior to the start of operations, and shall be accomplished by one or more of the methods listed below: 1. Sanitary landfill

-- Consists of the disposal of ref use on land and the daily compaction and covering of the refuse with 6 to 12 inches of earth so as to prevent a health hazard or nuisance. The final compacted earth cover shall be a minimum of 2 feet in depth. Where sanitary landfill operations are propose d, the Department will require the following: a. The landfill shall be located so that seepage will not create a health hazard, nuisance, or cause pollution of any watercourse or water bearing strata. b. Adequate and proper surface drainage shall be provid ed to prevent ponding or erosion by rainwater of the finished fill. c. Provision shall be made for the control of insects, rodents, wind blown refuse, and accidental fire. d. Burning of refuse is prohibited. e. An all weather access road is required. f. Su itable equipment and operating personnel shall be provided. g. Salvaging, if permitted, shall be rigidly controlled. h. A variance from the daily compaction and covering requirement may be granted for sites serving less than 2,000 people by the Department of Environmental Quality upon submission of an acceptable plan approved by the local health department demonstrating that no public health hazards or nuisances will exist. The variance will allow for compaction and cover every two weeks at sites serving le ss than 500 people; weekly compaction and cover for sites serving from 500 to 1,000 people; and twice weekly compaction and cover for sites serving from 1,000 to 2,000 people. The variance may be revoked whenever the Department of Environmental Quality det ermines that the circumstances warranting the variance no longer exist. 2. Incineration

-- Where incineration is to be employed, the plans and specifications, along with any other information necessary to evaluate the project, shall be submitted to the Dep artment and approval received prior to construction. In addition, an approved method for the disposal of non

- combustible refuse is required. Where incineration is proposed, the following items shall be provided. a. The capacity of the incinerator shall be sufficient for the maximum production of refuse expected. b. Noncombustible refuse shall be disposed of by methods approved by the Department. c. Skilled personnel to assure the proper operation and maintenance of the facilities in a nuisance

- free
manner. 3. Composting

-- This method of disposal is acceptable to the Department under the following conditions: a. That plans and specifications and other information necessary to evaluate the project are submitted to the Department and approval received prior to start of construction. b. That provisions are made for the proper disposal of all refuse not considered suitable for composting. c. Skilled personnel shall be provided to assure the proper operation and maintenance of the facilities in a nuisance

- free man ner. 4. Garbage grinding

-- This method, involving the separate collection and disposal of garbage into a community sewerage system through commercial type grinders or mandatory community

- wide installation of individual household grinders, will be acceptab le to the Department provided that suitable means shall be provided for the disposal of all remaining refuse. 5. Hog feeding

-- This method of disposal will only be approved under the following conditions: a. The garbage is collected and stored in suitable containers. b. Only approved type vehicles are used for collection. c. All garbage is effectively heat

- treated in accordance with Title 24, Chapter 7, Article 3 (A.R.S. §§ 24

- 941 through 24

- 949).

## 72 d. All remaining refuse, including nonedible garbage, is co llected and disposed of separately by methods approved by the Department. 6. Manure disposal

-- Manure shall be disposed of by sanitary landfill, composting, incinerating, or used as a fertilizer in such a manner as not to create insect breeding or a nuisa nce.

Historical Note Section recodified from A.A.C. R18

- 8

- 512, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). ARTICLE 4. RESERVED ARTICLE 5. RESERVED ARTICLE 6. RESERVED ARTICLE 7. SOLID WASTE FACILITY PLAN

REVIEW FEES R18

- 1 3

- 701. Definitions In addition to the definitions provided in A.R.S. §§ 49

- 701, 49

- 701.01, and 49

- 851, and 18 A.A.C. 13, the following definitions apply in this Article: 1. "Aquifer Protection Permit" means the permit that is required pursuant to A.R.S. § 49

- 241. 2. "Application" means the solid waste facility plan that an operator submits to the Department for approval. 3. "C & D landfill" means a Non

- MSWLF that only accepts construction or demolition waste as defined in A.R.S. § 49

- 701. 4. "Change" means either a Type III or a Type IV change to an approved solid waste facility plan which the director has determined requires the submission of an amended facility plan in accordance with either A.R.S. § 49

- 762.06 or the design and operation rules adopted unde r A.R.S. §§ 49

- 761 and 49

- 762.06. 5. "Complex plan" means any of the following: a. A solid waste facility plan that contains two or more different types of waste storage, treatment, or disposal components. b. A solid waste plan for multiple solid waste fac ilities. c. A solid waste facility plan that includes a special waste management plan component or an application for an Aquifer Protection Permit. 6. "Direct cost" means the costs to the Department to maintain a plan review program, excluding indirect cos ts, but consisting of programmatic cost, non

- billable administrative cost, and non

- billable programmatic cost. 7. "Direct labor cost" means time spent by a plan reviewer in: the actual review of a facility plan; data input for licensing time

- frames trackin g; developing the facility file; time at the facility or proposed site; time at a public hearing; and time at meetings with the applicant or the applicant's representatives. 8. "Indirect cost" means the cost that the Department charges all of its non

- gener al fund programs. Examples of indirect cost are: rent; utilities; and the Department's administrative support programs such as human resources, payroll, time keeping, etc. 9. "MSWLF" means a municipal solid waste landfill as defined in A.R.S. § 49

- 701. 10. "New solid waste facility plan" means either of the following: a. A plan submitted for review by the operator of a new solid waste facility, as defined in A.R.S. § 49

- 701. b. The plan submitted by an operator of an existing solid waste facility as defined in A.R.S. § 49

- 701, that is operating without prior Department plan approval. 11. "Non

- billable administrative cost or time" means time spent by a plan reviewer doing activities that are not directly related to a plan review project. Examples of non

- billa ble administrative time are: holidays and leave time; time spent by a plan reviewer in training, attending staff meetings, answering phones, preparing reports, etc. 12. "Non

- billable programmatic cost or time" means time spent by a plan reviewer doing acti vities directly related to a plan review project, but that are outside the applicant's control. Examples of non

- billable programmatic time are: answering inquires from the public and attending public meetings about the plan review project; writing progress reports and briefings for supervisors; and traveling to the facility site or to public meetings and hearings. 13. "Non

- MSWLF" means a landfill that is not a municipal solid waste landfill as defined in A.R.S. § 49

- 701. 14. "Other reasonable direct cost" m eans costs documented in writing by the Department relating to plan review. Examples of other reasonable direct cost are laboratory analysis charges, public notice advertising, presiding officer expenses, court reporter expenses, facility rentals, and cont ract services. 15. "Programmatic cost or time" means those costs that are directly associated with a plan review project, consisting of both direct labor cost and other reasonable direct cost. 16. "Solid waste facility plan" means a plan or the individual components of a plan, such as the design, operational, closure, or post

- closure plan, or the demonstration of financial responsibility as required by A.R.S. § 49

- 770, submitted to the Department for review and plan approval.

## 73 17. "Special waste management p lan component" means a portion of a solid waste facility plan that is prepared and submitted to the Department in accordance with A.R.S. § 49

- 857 for approval pursuant to A.R.S. §§ 49

- 857.01 and 49

- 762.

Historical Note Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95

- 4). Amended effective May 15, 1997 (Supp. 97

- 2). Amended by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02

- 3). R18

- 13

- 702. Solid Waste Facility Plan Review Fees A . With each application submitted for approval pursuant to A.R.S. § 49

- 762.03, the applicant shall remit an initial fee in accordance with one of the schedules in this subsection, unless otherwise provided in subsection (B). This subsection also lists the maximum fees that the Department will bill the applicant. All fees paid shall be payable to the state of Arizona. The Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49

- 881, unless otherwise authorized or required by law.

Schedule A New

- Solid Waste Facility Plan Review Fees Initial Maximum Solid Waste Facilities Plans: MSWLF C & D Landfill and Other Non

- MSWLF Other Solid Waste Facilities $5,936 $56,900
$2,987 $35,000 $1,609 $23,800 Specia l Waste Management Plan Component $556 $3,700

Schedule B Change and Update of Demonstration of Financial Responsibility

- Solid Waste Facility Plan Review Fees Initial Maximum Change to Solid Waste Facilities Plans: MSWLF C & D Landfill and Other N on

- MSWLF Other Solid Waste Facilities $766 $28,400
$597 $17,500 $322 $11,900 Change to Special Waste Management Plan Component $278 $1,800 Update of Demonstration of Financial Responsibility $278 $1,800

Schedule C Closure

- Solid Waste Facilit y Plan Review Fees Initial Maximum Solid Waste Facilities Plans: MSWLF C & D Landfill and Other Non

- MSWLF Other Solid Waste Facilities $1,379 $15,000
$1,532 $16,000 $1,226 $18,300 Special Waste Management Plan Component $111 $700

B. For a co mplex plan, fees shall be determined as follows: 1. The initial fee submitted with the plan shall be equal to the initial fee for the single component with the highest initial fee as set forth in schedules in subsection (A). 2. The maximum fee shall be the sum total of the maximum fee for each individual component as set forth in schedules in subsection (A). C. The Department shall issue to the applicant a final itemized bill within 30 days after the Department issues the approval or disapproval of the appl ication. If the Department determines that the actual cost of reviewing the plan

## 74 is less than the initial fee and any interim fees paid, the Department shall refund the difference to the applicant within 30 days after the issuance of the approval or disapp roval of the application. If the Department determines that the actual cost of plan review is greater than the corresponding amount listed, the Department shall list the amount that the applicant owes on the final itemized bill, except that the final itemi zed bill shall not exceed the applicable maximum fee specified in subsection (A) or (B). The applicant shall pay in full the amount due within 30 days of receipt of the final itemized bill. D. If the final bill is not paid within the 30 days, the Departmen t shall mail a second notice to the applicant. Failure to pay the amount due within 60 days of receipt of the notice shall result in the Department initiation of proceedings for suspension of the approval, in accordance with A.R.S. § 41

- 782. The suspension shall continue until full payment is received at the Department. If full payment is not received at the Department within 365 days of the date of the approval, the approval shall be revoked in accordance with A.R.S. § 41

- 782. The Department shall not revi ew any further plans for an entity which has not paid all fees due for a previous review of a solid waste facility plan. E. When determining actual cost under subsection (C), the Department shall use an hourly billing rate for all direct labor hours spent working on the review of a plan, plus any other reasonable direct cost which were incurred but are not included in the hourly billing rate. F. The hourly rate is $58.81, beginning September 1, 2002, and shall remain in effect until it is either changed or repealed.

Historical Note Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95

- 4). Corrected typographical error "facilities" in Schedules A, B, and C, to reflect Section filed in the Office of the Secre tary of State December 1, 1995. Section amended effective May 15, 1997; except for special waste management plan component fees listed in Schedules A, B, and C, which become effective July 1, 1997 (Supp. 97

- 2). Amended by exempt rulemaking at 5 A.A.R. 3869 , effective October 1, 1999 (Supp. 99

- 3). Amended by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02

- 3). R18

- 13

- 703. Review of Bill A. An applicant who disagrees with the final bill received from the Department for plan review and issuance or denial of a solid waste facility plan approval under this Article may make a written request to the Director for a review of the bill and may pay the bill under protest. The request for review shall specify the matters in dispute and shall be
r eceived by the Department within 10 working days of the date of receipt of the final bill. B. Unless the Department and applicant agree otherwise, the review shall take place within 30 days of receipt by the Department of the request. Notice of the time an d place of review shall be mailed to the requester at least 10 working days prior to the review. The Director shall make a final decision as to whether the time and costs billed are correct and reasonable. The final decision shall be mailed to the applican t within 10 working days after the date of the review and is subject to appeal pursuant to A.R.S. § 49

- 769.

Historical Note Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95

- 4). R18

- 13

- 704. Number of B illable Hours The Department shall determine the number of billable hours by subtracting from the number of hours in a work year, both the non

- billable administrative hours and the non

- billable programmatic hours.

Historical Note New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02

- 3). R18

- 13

- 705. Determining the Average Cost Per Employee The Department shall determine the average cost per employee by dividing the Department's total direct cost for maintaining the pla n review program equally between the plan reviewers as outlined in the following steps: 1. By calculating the average salary of the plan reviewers. 2. By calculating an average employee related cost and adding the average employee related cost to the avera ge plan reviewer's salary from subsection (1). 3. By prorating the section's management cost, to which the plan reviewers are assigned, on a per section employee basis, and adding the section management prorated cost to the total cost from subsection (2). 4. By prorating the unit's management costs, to which the plan reviewers are assigned, on a per unit employee basis, and adding the prorated unit management cost to the total cost from subsection (3). 5. By prorating the section's operating, travel and equ ipment cost, to which the plan reviewers are assigned per section employee, and adding the prorated operating, travel and equipment cost to the total cost from subsection (4).

Historical Note

## 75 New Section made by exempt rulemaking at 8 A.A.R. 3747, effectiv e November 1, 2002 (Supp. 02

- 3). R18

- 13

- 706. Determining the Hourly Billing Rate The Department shall determine the hourly billing rate by dividing the average cost per employee from R18

- 13

- 705(5) by the number of billable hours from R18

- 13

- 704.

Historical Note New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02

- 3). ARTICLE 8. RESERVED ARTICLE 9. SOLID WASTE MANAGEMENT PLANNING R18

- 13

- 901. Reserved R18

- 13

- 902. Regional Boundaries A. To facilitate solid waste manageme nt, the following regional boundary designations are established for planning purposes: 1. The state of Arizona shall be divided into six districts comprised of the following counties: I Maricopa II Pima III Apache, Coconino, Navajo, Yavapai IV Mohave, Yum a V Gila, Pinal VI Cochise, Graham, Greenlee, Santa Cruz 2. Petitions for a change in regional boundaries may be submitted to the Director. If the Director finds that the request is justified, he may adopt the revision as a new rule in accordance with Depa rtment procedures for adoption of rules. 3. The Director may revise the regional boundary rules if he finds that such revision is necessary to accomplish a workable statewide comprehensive solid waste management plan. Such revisions shall be made in accord ance with Department procedures for adoption of rules. B. To facilitate statewide hazardous waste management the state of Arizona shall be undivided and shall constitute one district for hazardous waste management planning purposes.

Historical Note Section recodified from A.A.C. R18

- 8

- 402, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). ARTICLE 10. RESERVED ARTICLE 11. COLLECTION, TRANSPORTATION, AND DISPOSAL OF HUMAN EXCRETA Article 11 recodified from existing Sections in 18 A.A.C. 8, Article 6 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1101. Reserved R18

- 13

- 1102. Definitions A. "Chemical toilet" means a toilet with a watertight, impervious pail or tank that contains a chemical solution placed directly under the seat and a pipe or conduit that connects the riser to the tank. B. "Department" means the Department of Environmental Quality or a local health department designated by the Department. C. "Earth

- pit privy" means a device for disposal of human exc reta in a pit in the earth. D. "Human excreta" means human fecal and urinary discharges and includes any waste that contains this material. E. "License" means a stamp, seal, or numbered certificate issued by the Department. F. "Pail or can type privy" mean s a privy equipped with a watertight container, located directly under the seat for receiving deposits of human excreta, that provides for removal of a waste receptacle that can be emptied and cleaned. G. "Person" means the state, a municipality, district or other political subdivision, a cooperative, institution, corporation, company, firm, partnership, or individual. H. "Sewage" means the waste from toilets, baths, sinks, lavatories, laundries, and other plumbing fixtures in residences, institutions, publ ic and business buildings, mobile homes, and other places of human habitation, employment, or recreation.

Historical Note Recodified from R18

- 8

- 602 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Amended by final

rulemaking at 9 A.A.R. 1356, ef fective June 7, 2003 (Supp. 03

- 2).

## 76 R18

- 13

- 1103. General Requirements A. Any person owning or operating a vehicle or appurtenant equipment used to store, collect, transport, or dispose of sewage or human excreta that is removed from a septic tank or other o n

- site wastewater treatment facility; earth pit privy, pail or can type privy, or other type of privy; sewage vault; or fixed or transportable chemical toilet shall obtain a license for each vehicle from the Department. The person shall apply, in writing, on forms furnished by the Department and shall demonstrate that each vehicle is designed and constructed to meet the requirements of this Article. B. A person shall operate and maintain the vehicle and equipment so that a health hazard, environmental nuisa nce, or violation of a water quality standard established under 18 A.A.C. 11 is not created. C. License terms. 1. Each license is valid so long as the vehicle is operated by the same person for the same purpose and is maintained according to this Article. 2. The license is not transferable either from person to person or from vehicle to vehicle. 3. The license holder shall ensure that the license number is plainly and durably inscribed in contrasting colors on the side door panels of the vehicle and the rea r face of the tank in figures not less than 3 inches high, and that the numbers are legible at all times. D. Any person owning or operating a vehicle or appurtenant equipment used to collect, store, transport, or dispose of sewage or human excreta shall ob tain a permit from the local health department in each county in which the person proposes to operate.

Historical Note Recodified from R18

- 8

- 603 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed; new

Section made by final rulemak ing at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1104. Repealed

Historical Note Recodified from R18

- 8

- 604 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1105. Reserved R18

- 13

- 1106. Inspection The Department may inspect vehicles and appurtenant equipment used to collect, store, transport, or dispose sewage or human excreta as necessary to assure compliance with this Article.

Histor ical Note Recodified from R18

- 8

- 606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Amended by final

rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1107. Reserved R18

- 13

- 1108. Repealed

Historical Note Recodified from R 18

- 8

- 608 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1109. Reserved R18

- 13

- 1110. Reserved R18

- 13

- 1111. Reserved R18

- 13

- 1112. Sanitary Require ments A. A person owning or operating a vehicle or appurtenant equipment to collect, store, transport, or dispose of sewage or human excreta shall ensure that: 1. Sewage and human excreta is collected, stored, transported, and disposed of in a sanitary man ner and does not endanger the public health or create an environmental nuisance; 2. The vehicle is equipped with a leak

- proof and fly

- tight container that has a capacity of at least 750 gallons and all portable containers, pumps, hoses, tools, and other im plements are stored within a covered and fly

- tight enclosure when not in use; 3. Contents intended for removal are transferred as quickly as possible by means of a portable fly

- tight container or suction pump and hose to the transportation container. 4. T he transportation container is tightly closed and made fly

- tight immediately after the contents have been transferred, 5. Portable containers are kept fly

- tight while being transported to and from the vehicle, 6. Any waste dropped or spilled in the process of collection is cleaned up immediately and the area disinfected;

## 77 7. The vehicle, tools, and equipment are maintained in good repair at all times and, at the end of each day's work, all portable containers, transportation containers, suction pumps, hose, and other tools are cleaned and disinfected; and 8. All wastes collected are disposed of according to the recommendations of the local county health department and that no change in the recommended method of disposal is made without its prior approval. The local county health department shall recommend disposal by one of the following methods: a. At a designated point into a sewage treatment facility or sewage collection system with the approval of the owner or operator of the facility or system, b. By bury ing all wastes from chemical toilets in an area approved by the local county health department, or c. Into a sanitary landfill with approval of the owner or operator of the landfill and following any precautions designated by the owner and operator to prot ect the health of the workers and the public. B. Open dumping is prohibited except in designated areas approved by the local county health department.

Historical Note Recodified from R18

- 8

- 612 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Ame nded by final

rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1113. Repealed

Historical Note Recodified from R18

- 8

- 613 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 135 6, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1114. Repealed

Historical Note Recodified from R18

- 8

- 614 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1115. Repealed

Historical Note Recodified from R18

- 8

- 615 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1116. Suspension and Revocation A . If a Department inspection indicates that a licensed vehicle is not maintained and operated or work cannot be performed according to this Article, the Department shall notify the owner in writing of all violations noted. B. The Department shall give the owner a reasonable period of time to correct the violations and comply with the provisions of this Article. If the owner fails to comply within the time limit specified, the Department may suspend or revoke the vehicle license based on the number and sever ity of violations. The Department shall follow the provisions of A.R.S. Title 41, Chapter, Article 10 in any suspension or revocation proceeding. C. The Department shall consider the revocation or suspension of a permit by a local health department for vio lation of this Article as grounds for revocation of the vehicle license. The local health department shall immediately suspend both the vehicle license and the permit issued by the local health department for gross violation of this Article if in the opini on of the local health department a serious health hazard or environmental nuisance exists. D. The owner of the vehicle whose license is suspended or revoked may appeal the final administrative decision as permitted under A.R.S. § 41

- 1092.08.

Historical No te Recodified from R18

- 8

- 616 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Amended by final

rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1117. Reinstatement Upon request of the vehicle owner, the Department may rei nstate a suspended or revoked vehicle license following a Department reinspection and based on an evaluation of compliance with the requirements of this Article.

Historical Note Recodified from R18

- 8

- 617 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Amended by final

rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1118. Repealed

Historical Note

## 78 Recodified from R18

- 8

- 618 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2). R18

- 13

- 1119. Repealed

Historical Note Recodified from R18

- 8

- 619 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Su pp. 03

- 2). R18

- 13

- 1120. Repealed

Historical Note Recodified from R18

- 8

- 620 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). Section repealed by

final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03

- 2).

ARTICLE 12. WASTE TIRES R18

- 1 3

- 1201. Definitions In addition to the definitions provided in A.R.S. § 44

- 1301, the following definitions apply in this Article: "Aquifer protection permit" means an authorization issued by the Department under A.R.S. § 49

- 241 et seq. "Burial cell" means an area where mining waste tires are placed in or on the land for burial. "Mining" means activities dedicated to the exploration, extraction, beneficiation, and processing, including smelting and refining, of metallic ores. "Mining facility" means any land , building, installation, structure, equipment, device, conveyance, or area dedicated to mining. "Mining waste tire" means an off

- road tire that is greater than three feet in outside diameter that was used in mining. "Operator" means an owner, part owner, management agency, or lessee of a mining facility, a person responsible for the overall operation or control of a mining facility, or an authorized representative of the operator. "Person" is defined in A.R.S. § 49

- 201. "Waste tire cover" means waste tires that are chopped or shredded into pieces that do not exceed four inches in diameter used for cover at a solid waste landfill.

Historical Note Section recodified from A.A.C. R18

- 8

- 701, filed in the Office of the Secretary of State September 29, 2000 (Supp.

00

- 3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01

- 4). R18

- 13

- 1202. Burial of Mining Waste Tires A. The operator shall file with the Director a one

- time notice within 24 hours after commencement of burial of mining waste tires consisting of a map of the mining facility that clearly identifies the locations and dimensions of each burial cell and the estimated number of mining waste tires that will be buried in each cell. The operator shall identify each burial cell us ing an alphabetical or numeric identifier. If a mining facility uses a new burial cell not included in the commencement of burial notice, the operator shall notify the Department within 24 hours after commencement of burial in that cell. B. An operator sha ll only permit burial of mining waste tires in areas that are, or will be, included in an aquifer protection permit issued for the mining facility. An operator shall not permit burial of mining waste tires in leach areas unless prior to burial the Departme nt issues an aquifer protection permit covering the leach area. C. An operator shall not permit a burial cell to be located within 10 feet of another burial cell. D. An operator shall not permit the burial of mining waste tires unless the tires are waste g enerated at the mining facility or another mining facility of the same owner.

Historical Note Section recodified from A.A.C. R18

- 8

- 702, filed in the Office of the Secretary of State September 29, 2000 (Supp.

00

- 3). Amended by final rulemaking at 7 A.A.R. 5 695, effective November 27, 2001 (Supp. 01

- 4). R18

- 13

- 1203. Cover Requirements A. The operator shall cover all mining industry off

- road motor vehicle waste tires buried pursuant to this Article with a minimum of 6 inches of earthen material within 50 days of placement, or sooner if necessary, to prevent vector breeding or fire. B. The operator shall place final cover over the off

- road motor vehicle waste tires within 180 days after placement of the last tire which will be buried in a cell. The final cover s hall consist of earthen material which is at least 3 feet

## 79 deep or which complies with the requirements of the aquifer protection permit for the area where the burial cell is located. C. The operator shall maintain final cover in compliance with this Sectio n for as long as the mining industry off

- road motor vehicle waste tires remain in the burial cell.

Historical Note Section recodified from A.A.C. R18

- 8

- 703, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1204. Annual Report By March 30 of each year, until a burial cell closure certification is filed with the Department, the operator of the mining facility shall file an annual report with the Director which documents the location of each burial cell established during t he preceding calendar year, the alphabetical or numerical identifier of each burial cell, and the number of off

road motor vehicle waste tires which were placed in each burial cell for burial during the preceding calendar year. If no tires were placed in t he burial cell for burial during the preceding year, the annual report shall so indicate.

Historical Note Section recodified from A.A.C. R18

- 8

- 704, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1205. Burial Cell Clos ure Certification An operator shall file with the Director a burial cell closure certification within 30 days after placing final cover over the mining waste tires under R18

- 13

- 1203(B). The certificate shall contain a statement by the operator that no addi tional tires will be buried in the burial cell and a statement by an Arizona registered engineer certifying that the cover requirements of R18

- 13

- 1203 have been met.

Historical Note Section recodified from A.A.C. R18

- 8

- 705, filed in the Office of the Secre tary of State September 29, 2000 (Supp.

00

- 3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01

- 4). R18

- 13

- 1206. Storage At no time shall more than 500 mining industry off

- road motor vehicle waste tires be stored at the m ining facility outside of a burial cell unless the mining facility has Department approval to operate a waste tire collection facility, pursuant to A.R.S. §§ 44

- 1304 and 49

- 762.

Historical Note Section recodified from A.A.C. R18

- 8

- 706, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1207. Maintenance of Records For at least three years after the burial cell closure certification is filed with the Department, the mining facility operator shall maintain, at the mining fac ility, records which document the number of tires buried in each cell.

Historical Note Section recodified from A.A.C. R18

- 8

- 707, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1208. Inspections The Department may insp ect a mining facility, during regular operating hours, to determine whether mining industry off

- road motor vehicle waste tire burial is in compliance with this Article.

Historical Note Section recodified from A.A.C. R18

- 8

- 708, filed in the Office of the Se cretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1209. Repealed

Historical Note Section recodified from A.A.C. R18

- 8

- 709, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). Section repealed by final rulemaking at 7 A.A.R . 5695, effective November 27, 2001 (Supp. 01

- 4). R18

- 13

- 1210. Waste Tire Cover Waste tires used as cover at a solid waste landfill shall be used according to the solid waste facility plan required by A.R.S. § 49

- 762. An operator shall not permit mining wa ste tires to be used as cover at a solid waste landfill for more than two consecutive days at a time.

## 80 Historical Note Section recodified from A.A.C. R18

- 8

- 710, filed in the Office of the Secretary of State September 29, 2000 (Supp.

00

- 3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01

- 4). ARTICLE 13. SPECIAL WASTE R18

- 13

- 1301. Definitions In addition to the terms prescribed in A.R.S. § 49

- 851, the terms in this Article shall have the following meanings: 1. "Disposal" mea ns discharging, depositing, injecting, dumping, spilling, leaking, or placing special waste into or on land or water so that the special waste or any constituent of the special waste may enter the environment, be emitted into the air, or discharged into an y waters, including groundwater. 2. "Exception report" means a report that a generator shall submit to the Director which notifies the Director that the generator has not received a copy of the special waste manifest from the primary or alternate special
w aste receiving facility to which the special waste was sent pursuant to the generator's instructions on the special waste manifest, or from any special waste receiving facility to which special waste was sent. 3. "Generator" means a person whose act or pro cess onsite produces a special waste listed in, or designated pursuant to, A.R.S. §§ 49

- 852, 49

- 854, and 49

- 855, or whose act or process first causes such special waste to be subject to regulation. 4. "Identification number" means an alphanumeric identifie r issued by the Department to each generator, special shipper, and special waste receiving facility to be used on documents, as required pursuant to this Article, in conjunction with shipment of special waste. 5. "Off

- site consignment" means a generator's delivery of materials or wastes for transport off

- site to a special waste receiving facility within Arizona for treatment, storage, recycling, or disposal. 6. "Off

- site" means any property located within Arizona that is not onsite as defined in A.R.S. § 49

- 851(3). 7. "Operator" means a person who owns and controls all or part of a special waste receiving facility, or who leases, operates, or controls such facility, a person responsible for the overall operation of such a facility, a management agency, or an authorized representative. 8. "Recycling" means recycling as defined in A.R.S. § 49

- 831(21). 9. "Shredder residue" means waste from the shredding of motor vehicles. 10. "Significant manifest discrepancy" means a difference of more than 10% by weight for bulk shipments, any variation in a piece count for a batch delivery, or any difference in the type of special waste received as compared to the type of special waste listed on the manifest. 11. "Special waste receiving facility" means an off

- site loc ation to which special waste is sent to be treated, recycled, stored, or disposed. 12. "Special waste manifest" means a form provided by the Department, shown as Exhibit A to this Article, and used to identify the origin, quantity, composition, routing, a nd destination of special waste during its transportation from a generator's facility to a special waste receiving facility. 13. "Special waste shipper" means a person who transports special waste for off

- site treatment, recycling, storage, or disposal. 14. "Treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of special waste.

Historical Note Section recodified from A.A.C. R18

- 8

- 301, filed in the Office of the Secretary of S tate September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1302. Special Waste Generator Manifesting Requirements A. A generator shall request a generator identification number on a form provided by the Director, and shown as Exhibit B to this Article, prior to shippin g special waste. Within 30 days of receiving the completed form, the Director shall issue the identification number to the generator. B. Prior to off

- site consignment of special waste, the generator shall do all of the following: 1. Complete and sign the "Generator" section of a special waste manifest. 2. Obtain the handwritten signature of the special waste shipper on the special waste manifest. 3. Retain the generator's copy of the special waste manifest. 4. Give the special waste manifest and the re maining attached copies to the special waste shipper or forward it to the receiving facility. C. Within 14 days after shipment was accepted by a special waste shipper for off

- site consignment, the generator shall submit to the Director one legible copy of each special waste manifest with the generator's section completed and containing signatures of the generator and special waste shipper. D. If, within 35 days after the date the waste was accepted by the initial special waste shipper, the generator does not receive a completed copy of this special waste manifest with the handwritten signature of the special waste receiving facility operator, the generator shall contact the special waste shipper and the special waste receiving facility operator to determin e the status of the special waste.

## 81 E. The generator shall submit an exception report to the Director if the generator does not receive a completed, signed, legible copy of the special waste manifest within 45 days of the date the waste was accepted by the initial special waste shipper for off

- site consignment. The exception report shall contain both of the following: 1. A cover letter, signed by the generator, which explains the efforts made to locate the special waste and the results of those efforts. 2 . A legible copy of the special waste manifest which was signed by the generator and the special waste shipper and retained by the generator. F. The generator shall retain a legible copy of each signed special waste manifest for at least three years from the date of acceptance of a shipment of special waste for off

- site consignment. G. If a person is required to have a manifest, shipping paper or shipping record under federal law for the special waste, the federal manifest, shipping paper, or shipping rec ord may be used in lieu of the Arizona special waste manifest form so long as the federal manifest, shipping paper, or shipping record includes all the information required on the Arizona special waste manifest form.

Historical Note Section recodified fro m A.A.C. R18

- 8

- 302, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1303. Special Waste Shipper Manifesting Requirements A. A special waste shipper who receives special waste in Arizona for transport to a special wast e receiving facility in Arizona shall request a special waste shipper identification number on a form provided by the Director and shown as Exhibit B to this Article. The Director shall issue an identification number within 30 days of receipt of the comple ted form. B. A special waste shipper shall: 1. Accept special waste for intrastate shipment to a special waste receiving facility only if the waste is accompanied by a special waste manifest which is completed and signed in accordance with the provisions of R18

- 8

- 302. 2. Deliver the entire shipment of special waste to a special waste receiving facility as designated on the special waste manifest. If unable to deliver the special waste to the primary or alternate special waste receiving facility designate d on the special waste manifest: a. Return the special waste to the generator, or b. Contact the generator and obtain instructions for an alternate special waste receiving facility and deliver the waste accordingly. C. Shipments of special waste between facilities owned by the same generator shall be exempt from the requirements of rules adopted pursuant to A.R.S. § 49

- 856.

Historical Note Section recodified from A.A.C. R18

- 8

- 303, filed in the Office of the Secretary of State September 29, 2000 (Supp. 0 0

- 3). R18

- 13

- 1304. Special Waste Receiving Facility Manifesting Requirements A. A special waste receiving facility shall request an identification number on a form provided by the Director, and shown as Exhibit B to this Article, and obtain the number pri or to receiving special waste. The Department shall issue the identification number within 30 days of receipt of the completed form. B. A special waste receiving facility shall receive only special waste for which it has a special waste manifest signed
an d dated by the generator and special waste shipper. In the "Facility" section of the special waste manifest, the operator of the special waste receiving facility shall do all of the following: 1. Enter the identification number. 2. Sign and date each cop y of a special waste manifest to certify that the type and amount of special waste, as stated on the special waste manifest, was received. 3. Indicate on the special waste manifest any significant discrepancies between the description, volume, or weight
o f the special waste as stated on the special waste manifest and the special waste received. C. After completing the "Facility" portion of the special waste manifest, the operator of the special waste receiving facility shall send one legible copy each of the signed special waste manifest to the Director and the generator within 30 days of the delivery of the special waste. D. Upon discovery of a significant manifest discrepancy in the special waste manifest and the special waste received, the operator of the special waste receiving facility shall: 1. Contact the generator and special waste shipper to attempt to reconcile the discrepancy. 2. If the discrepancy cannot be resolved within 15 days after receiving the waste, submit a letter to the Director, al ong with the special waste manifest within five days. The letter shall describe the significant manifest discrepancy and all attempts to reconcile it.

Historical Note

## 82 Section recodified from A.A.C. R18

- 8

- 304, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1305. Records All records required by this Article shall be retained for at least three years. If notification of an enforcement action by the Department has been received, the records shall be retained until a final determination has been made in the matter or in accordance with the final determination.

Historical Note Section recodified from A.A.C. R18

- 8

- 305, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). R18

- 13

- 1306. Reserved R18

- 13

- 1307. Best Management Practices for Waste from Shredding Motor Vehicles A. A generator of shredder residue shall follow sampling protocol as follows or submit to the Department for review and approval, at least two weeks prior to the sampling event, an alt ernative written sampling plan which is consistent with requirements set forth in "Test Methods for Evaluating Solid Waste," EPA SW

- 846, 3rd Edition, Volume II, Chapter Nine, Sampling Plan, Physical/Chemical Method, EPA, Office of Solid Waste and Emergency Response, Washington, D.C., September 1986, and updated November 1990, and no future editions or amendments, ("EPA Sampling Plan"), herein incorporated by reference and on file with the Department and the Office of the Secretary of State: 1. Sample collec tion shall be done in accordance with one of the following: a. Sampling procedure 1, consisting of both of the following steps: i. The generator shall collect samples from a shredder residue sampling pile which shall consist of the average amount of shredd er residue from eight hours of operation of the shredder. The shredder residue sampling pile shall be formed into a square shape for sampling purposes. Refer to Exhibit 1. ii. One 2,000

- gram sample shall be collected from each sample point as indicated in Exhibit 1. Samples from sample points A

- 1, B

- 1, and C

- 1 shall be collected from the top of the pile. Samples from sample points A

- 2, B

- 2, and C

- 2 shall be collected from the base of the pile. A sample from sample point C

- 3 shall be collected at the vertica l midpoint at the center of the pile. The seven 2,000

- gram samples shall be numbered consecutively. Three of the seven 2,000

- gram samples shall then be chosen at random by selecting numbers from a calculator programmed to generate random numbers. The sampl es shall be analyzed for the constituents and at the frequencies listed in Table A of this Section. b. Sampling procedure 2, consisting of both of the following steps: i. The generator shall collect seven 2,000

- gram samples during or immediately following the normal generation of shredder residue. For each sample, shredder residue shall be collected for 8 to 12 minutes, during which a minimum of 500 pounds shall be generated. This process shall be performed seven times to create seven 500

- pound amounts. Eac h 500

- pound amount shall be formed into a square shape for sampling purposes. Refer to Exhibit 1. ii. Twenty 100

- gram samples shall be collected from throughout each of the seven 500

- pound piles generated. Upon completion of collection, all 20 samples from each of the seven 500

- pound piles shall be combined together into seven separate 2,000

- gram samples and numbered consecutively. Three of the seven 2,000

- gram samples shall then be chosen at random by selecting numbers from a calculator programmed to gener ate random numbers. The samples shall be analyzed for the constituents and at the frequencies listed in Table A of this Section. 2. Each 2,000 grams of shredder residue collected shall include both large and small particles, in proportion to shredder resid ue generated. The generator shall use a container which is large enough to hold the entire amount of shredder residue collected from each sample point. 3. The generator shall comply with requirements for sample preservation, temperature, and holding times, as set forth in the EPA Sampling Plan. 4. Each one of the three 2,000

- gram samples selected at random shall be divided into four equal 500

- gram portions and a 200

- gram subsample shall be taken from each of the four equal 500

- gram portions. Each subsample shall then be passed through a 9.5mm screen. All particles which do not pass through the 9.5mm screen shall be hand cut until small enough to pass through the screen. All four 200

- gram subsamples shall then be remixed together and redivided into four equal 200

- gram portions. The following amounts shall be taken for constituent sampling: a. 10

- 15 grams per 200

- gram subsample for a total of 40

- 60 grams per 2,000

- gram sample for Polychlorinated Biphenyls (PCB) analysis as set forth in subsection (A)(10). b. 25 grams per 200

- gram subsample for a total of 100 grams per sample for toxicity characteristic leaching procedure extractions for contaminants as set forth in 40 CFR 261.24, Table 1 (incorporated by reference in R18

- 8

- 261(A)), as set forth in subsection (A) (7).

## 83 c. 1.25 grams per 200

- gram subsample for a total of 5 grams per 2,000

- gram sample for extraction fluid determination. 5. Each constituent sample shall be put into a container. Container labeling and chain

- of

- custody documentation shall be consistent w ith the requirements in the EPA Sampling Plan. 6. The constituent samples shall be analyzed by a laboratory licensed by the Arizona Department of Health Services in accordance with A.R.S. § 36

- 495. 7. Of the three samples selected at random, one sample amo unt required by subsection (A)(4)(b) shall be analyzed for the extractable heavy metals arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver, as set forth in 40 CFR 261.24, Table 1. The remaining two samples shall each be analyzed for ex tractable cadmium and lead. 8. If the results of all three of the analyses for any extractable heavy metal in subsection (A)(7) above are below the Regulatory Level of the Maximum Concentration of Contaminants for the Toxicity Characteristic as set forth i n 40 CFR 261.24, Table 1, the simple arithmetic mean of the extractable cadmium and lead and the single analysis for the remaining six extractable heavy metals shall be used to determine if the sampled shredder residue will be classified as hazardous waste

. 9. If the analyses of any one of three selected samples exceeds the regulatory level as set forth in 40 CFR 261.24, Table 1, an additional subsample from the sample in question shall be subjected to confirmation analysis. If the confirmation sample analy sis totals are in excess of the regulatory level as set forth in 40 CFR 261.24, Table 1, the remaining four of the original seven samples shall be analyzed for those extractable heavy metals which exceed the regulatory level as set forth in 40 CFR 261.24, Table 1. The simple arithmetic mean of the results of all seven samples shall be used to determine if the sampled shredder residue will be classified as hazardous waste. 10. The three samples selected at random shall be analyzed for PCB concentration in th e amounts required by subsection (A)(4)(a). If the samples contain concentrations of PCB less than 50 mg/kg, the simple arithmetic mean of the three samples shall be used for reporting to the Director. If any one of the three samples contains concentration s of PCB greater than 50 mg/kg, an additional subsample from the sample in question shall be subjected to confirmation analysis. If the PCB concentration for that sample exceeds 50 mg/kg, the remaining four of the original seven samples shall be analyzed f or PCB, in amounts required by subsection (A)(4)(a), and the simple arithmetic mean of all the samples shall be used to determine if the sampled shredder residue will be classified as hazardous waste. B. Shredder residue determined to be hazardous waste sh all be managed in accordance with A.R.S. § 49

- 921 et seq. and R18

- 8

- 260 et seq. C. The generator shall do all of the following: 1. Secure the facility to prevent unauthorized entry; 2. Cover or otherwise manage the shredder residue pile to prevent wind dis persal; 3. Place the shredder residue pile on a surface with a permeability coefficient equal to or less than 1 x 10 - 7 cm/s; 4. Design, construct, operate, and maintain a run

- on control system capable of preventing flow onto the waste pile during peak dis charge from, at a minimum, a 25

- year storm; 5. Design, construct, operate, and maintain a run

- off management system to collect and control at a minimum, the water volume resulting from a 24

- hour, 25

- year storm; 6. Provide collection and holding facilities for run

- on and run

- off control systems, which shall have a permeability coefficient equal to or less than 1 x 10 - 7 cm/s; 7. Record the date accumulation of shredder residue begins. D. Shredder residue shall be treated, recycled, sorted, stored, or dispose d at a Department

- approved special waste facility approved in accordance with A.R.S. § 49

- 857. A facility which seeks to become a special waste facility shall submit a special waste management plan to the Department to ensure compliance with subsection (C) of this Section. E. A generator shall not store shredder residue for longer than 90 days. A special waste facility shall not store shredder residue for longer than one year. F. The owner or operator of a special waste facility shall pay, to the Department , the fees required by A.R.S. §§ 49

- 855(H) and 49

- 863 in the amount of 66¢ per cubic yard of uncompacted shredder residue of $1.50 per cubic yard of compacted shredder residue received or $2.00 per ton. G. Shredder residue which has been determined to be n onhazardous pursuant to this Section shall be transported in accordance with the requirements for transportation of garbage as set forth in R18

- 8

- 510.

Historical Note Section recodified from A.A.C. R18

- 8

- 307, filed in the Office of the Secretary of State S eptember 29, 2000 (Supp. 00

- 3). Table A. Target Analyses and Sampling Frequency Constituents Frequency

## 84 * TCLP Metals Quarterly * TCLP Volatiles Annually * TCLP Semi

- volatiles Annually Polychlorinated Biphenyls (PCB) Quarterly * Toxicity Characteristic Leaching Procedure (TCLP)

Historical Note Table A recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). Exhibit 1. Selection of Sample Points, Shredder Waste Pile

Historical Note Exhibit 1 recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00

- 3). Appendix A. Application for Arizona Sp ecial Waste Identification Number

## 85 Instructions for the Completion of the ADEQ Application for the Arizona Special Waste Identification Number. 1. Place an "X" in the appropriate box indicating which type of operation you will be performing. 2. Enter the complete company/agency name. 3. Enter the complete address. Do not use P.O. Box or Route Number. 4. Enter the complete address if it is different than the address listed in item 3. 5. Enter the name, job title, and complete phone number of the person who will act as the company/agency contact. 6. Enter the complete address of the company/agency contact listed in item 5. 7. Enter the name, complete address, a nd phone number of the company's/agency's legal owner. 8. Enter the signature of the person who will assume the responsibility of completion of this form and its contents. 9. Enter the name and title of the responsible person listed in item 8. 10. Enter th e date that the responsible person signed the document. 11. List all special wastes that the applicant generates, transports, stores, or receives.

## 86 Historical Note Appendix A recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of St ate September 29, 2000 (Supp. 00
- 3). Appendix B. Special Waste Manifest



### ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

SPECIAL WASTE MANIFEST

Instructions fo r the Completion of the ADEQ Special Waste Manifest 1. Enter the generator's Arizona Identification Number in box 1. 2. Enter the Emergency Response Notification Phone Number in box 2. 3. Enter the generator's name and complete mailing address, including c ity, state, and zip code, along with the generator's phone number, including the area code, in box 3. 4. Enter the transporter's name, transporter's Arizona identification number, and telephone number, including the area code, in box 4.

## 87 5. Complete this bo x if a second transporter is to be used to transport the special waste to the receiving facility, following the instructions outlined in number 4 in box 5. 6. Enter the name, address, and physical site location of the primary special waste receiving facili ty. In the appropriate spaces, include the facility's Arizona identification number and the telephone number, including the area code, in box 6. 7. Enter the name, address, and physical site location of the alternate special waste receiving facility. In th e appropriate spaces, include the facility's Arizona identification number and the telephone number, including the area code, in box 7. 8. Enter United States Department of Transportation description (Including proper shipping name, hazard class, and ident ification number, if applicable) (For all non

- Department of Transportation

- regulated materials, enter the proper name, physical state, and description of all contents of the waste). Mark an "X" in this column if waste is classified as a hazardous material. Container Number Enter the number of containers being shipped for each waste. Total Quantity Numerical value representing the number of containers multiplied by the container size. Answer will be listed in pounds, gallons, or cubic yards. Unit weight or v olume P

- Pounds G

- Gallons Y

- Cubic Yards 9. Use this space to indicate special transportation, treatment, storage, or disposal information. Emergency response telephone numbers or similar information may be included here in box 9. 10. Print or type the generator's name followed by their signature and date in box 10. 11. Print or type the primary transporter's name followed by their signature and date in box 11. 12. Print or type the secondary transporter's name followed by their signature and date in bo x 12. 13. Indicate significant discrepancies in this box. Significant manifest discrepancy is defined as "a difference of more than 10% by weight for bulk shipments, any variation in a piece count for batch deliveries, or an obvious difference in a special waste type is discovered by inspection or analysis between the type or amount of a special waste designated in a special waste manifest, and the type or amount received by a special waste receiving facility" in box 13. 14. Print or type the receiving faci lity's owner or operator name followed by their signature and date in box 14.

Historical Note Appendix B recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00
- 3). ARTICLE 14. BIOHAZARDOUS MEDICAL WASTE AND DISCARDED DRUGS R18

- 13

- 1401. Definitions In addition to the definitions in A.R.S. § 49

- 701, the following definitions apply in this Article: 1. "Administrative consent order" means a bilateral agreement between the consenting party and the Depar tment. A bilateral agreement is not subject to administrative appeal. 2. "Alternative treatment technology" means a treatment method other than autoclaving or incineration, that achieves the treatment standards described in R18

- 13

- 1415. 3. "Approved medica l waste facility plan" means the document that has been approved by the Department under A.R.S. § 49

- 762.04, and that authorizes the operator to accept biohazardous medical waste at its solid waste facility. 4. "Autoclaving," means using a combination of h eat, steam, pressure, and time to achieve sterile conditions. 5. "Biohazardous medical waste" is composed of one or more of the following: a. Cultures and stocks: Discarded cultures and stocks generated in the diagnosis, treatment or immunization of a huma n being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals. b. Human blood and blood products: Discarded products and materials containing free

- flowing blood or free

flowing bl ood components. c. Human pathologic wastes: Discarded organs and body parts removed during surgery. Human pathologic wastes do not include the head or spinal column.

## 88 d. Medical sharps: Discarded sharps used in animal or human patient care, medical research , or clinical laboratories. This includes hypodermic needles; syringes; pipettes; scalpel blades; blood vials; needles attached to tubing; broken and unbroken glassware; and slides and coverslips. e. Research animal wastes: Animal carcasses, body parts, an d bedding of animals that have been infected with agents that produce, or may produce, human infection. 6. "Biologicals" means preparations made from living organisms or their products, including vaccines, cultures, or other biological products intended fo r use in diagnosing, immunizing, or treating humans or animals or in research pertaining to these activities. 7. "Biological indicator" means a representative microorganism used to evaluate treatment efficacy. 8. "Blood and blood products" means discarded human blood and any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived products. 9. "C.F.R." means the Code of Federal Regulations. 10. "Chemotherapy waste" means any di scarded material that has come in contact with an agent that kills or prevents the reproduction of malignant cells. 11. "Dedicated vehicle" means a motor vehicle or trailer that is pulled by a motor vehicle used by a transporter for the sole purpose of tra nsporting biohazardous medical waste. 12. "Discarded drug" means any prescription medicine, over

- the

- counter medicine, or controlled substance, used in the diagnosis, treatment, or immunization of a human being or animal, that the generator intends to aban don. The term does not include hazardous waste or controlled substances regulated by the United States Drug Enforcement Agency. 13. "Disposal facility" means a municipal solid waste landfill that has been approved by the Department under A.R.S. § 49

- 762.04 to accept untreated biohazardous medical waste for disposal. 14. "Facility plan" has the meaning given to it in A.R.S. § 49

- 701. 15. "Free flowing" means liquid that separates readily from any portion of a biohazardous medical waste under ambient temperat ure and pressure. 16. "Generator" means a person whose act or process produces biohazardous medical waste, or a discarded drug, or whose act first causes medical waste or a discarded drug to become subject to regulation. 17. "Hazardous waste" has the meani ng prescribed in A.R.S. § 49

- 921. 18. "Health care worker" means, with respect to R18

- 13

- 1403(B)(5), a person who provides health care services at an off

- site location that is none of the following: a residence, a facility where health care is normally pro vided, or a facility licensed by the Arizona Department of Health Services. 19. "Improper disposal of biohazardous medical waste" means the disposal by a person of untreated or inadequately treated biohazardous medical waste at any place that is not approv ed to accept untreated biohazardous medical waste. 20. "Independent testing laboratory" means a testing laboratory independent of oversight activities by a provider of alternative treatment technology. 21. "Medical sharps container" means a vessel that is rigid, puncture resistant, leak proof, and equipped with a locking cap. 22. "Medical waste," as defined in A.R.S. § 49

- 701, means "any solid waste which is generated in the diagnosis, treatment or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals, and includes discarded drugs but does not include hazardous waste as defined in A.R.S. § 49

- 921 other than conditionally exempt small quantity generator waste." 23. "Medical waste treatment facility" or "treatment facility" means a solid waste facility approved by the Department under A.R.S. § 49

- 762.04 to accept and treat biohazardous medical waste from off

- site generators. 24. "Multi

- purpose vehicle" me ans any motor vehicle operated by a health care worker, where the general purpose is the non

- commercial transporting of people and the hauling of goods and supplies, but not solid waste. A multi

- purpose vehicle is limited to hauling biohazardous medical wa ste generated off site by health workers in providing services. "Off site" for purposes of this definition means a location other than a hospital or clinic. 25. "Off site" means a location that does not fall within the definition of "on site" contained in A.R.S. § 49

- 701. 26. "Packaging" or "properly packaged" means the use of a container or a practice under R18

- 13

- 1407. 27. "Putrescible waste" means waste materials capable of being decomposed rapidly by microorganisms. 28. "Radioactive material" has the m eaning under A.R.S. § 30

- 651. 29. "Secure" means to lock out or otherwise restrict access to unauthorized personnel. 30. "Spill" means either of the following: a. Any release of biohazardous medical waste from its package while in the generator's storage a rea. b. Any release of biohazardous medical waste from its package or the release of packaged biohazardous medical waste by the transporter at a place or site that is not a medical waste treatment or disposal facility.

## 89 31. "Store" or "storage" means, in ad dition to the meaning under A.R.S. § 49

- 701, either of the following: a. The temporary holding of properly packaged biohazardous medical waste by a generator in a designated accumulation area awaiting collection by a transporter. b. The temporary holding o f properly packaged biohazardous medical waste by a transporter or a treater at an approved medical waste storage facility or treatment facility. 32. "Technology provider" means a person that manufactures, or a vendor who supplies alternative medical waste treatment technology. 33. "Tracking document" means the written instrument that signifies acceptance of biohazardous medical waste by a transporter, or a transfer, storage, treatment, or disposal facility operator. 34. "Transportation management plan" me ans the transporter's written plan consisting of both of the following: a. The procedures used by the transporter to minimize the exposure to employees and the general public to biohazardous medical waste throughout the process of collecting, transporting, and handling. b. The emergency procedures used by the transporter for handling spills or accidents. 35. "Transporter" means a person engaged in the hauling of biohazardous medical waste from the point of generation to a Department

- approved storage facilit y or to a Department

- approved treatment or disposal facility. 36. "Treat" or "treatment" means, with respect to the methods used to render biohazardous medical waste less infectious: incinerating, autoclaving, or using the alternative treatment technologie s prescribed in this Article. 37. "Treated medical waste" means biohazardous medical waste that has been treated and that meets the treatment standards of R18

- 13

- 1415. Treated medical waste that requires no further processing is considered solid waste. 38. "Treater" means a person, also known as an operator, who receives solid waste facility plan approval for the purpose of operating a medical waste treatment facility to treat biohazardous medical waste that is generated off site. 39. "Treatment certificati on statement" means the written document provided by either a generator who treats biohazardous medical waste on site or by a treater, to inform a solid waste disposal or recycling facility that biohazardous medical waste has been treated as prescribed in this Article, and therefore is no longer subject to regulation under this Article. 40. "Treatment standards" mean the levels of microbial inactivation, prescribed in R18

- 13

- 1415, to be achieved for a specific type of biohazardous medical waste. 41. "Univer sal biohazard symbol" or "biohazard symbol" means a representation that conforms to the design shown in 29 CFR 1910.145(f)(8)(ii) (Office of the Federal Register, National Archives and Records Administration, July 1, 1998) and which is incorporated by refe rence in this rule. This incorporation does not include any later amendments or editions. Copies of the incorporated material are available for inspection at the Department of Environmental Quality and the Office of the Secretary of State. 42. "Vehicle not dedicated to the transportation of biohazardous medical waste but which is engaged in commerce" means a motor vehicle or a trailer pulled by a motor vehicle whose primary purpose is the transporting of goods that are not solid waste or biohazardous medica l waste and that is used by a transporter for the temporary transportation of biohazardous medical waste.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1402. Applicability A. Thi s Article applies to the following: 1. A generator who treats biohazardous medical waste on site, before disposing of it as treated medical waste, and to any equipment used for that purpose. Specific requirements for a generator who treats on site are pres cribed in R18

- 13

- 1405. 2. A generator who contracts with a medical waste treatment facility for the purpose of treating biohazardous medical waste. Specific requirements for such a generator are prescribed in R18

- 13

- 1406. 3. A person who transports biohaza rdous medical waste and any motor vehicle used for that purpose. 4. A medical waste treatment facility operator, a medical waste treatment facility, and any equipment used for medical waste treatment. 5. A person who provides alternative medical waste trea tment technology for the purpose of treatment, and to any technology used for treatment. 6. A person in possession of biohazardous medical waste if the waste does not meet the treatment standards in R18

- 13

- 1415. 7. An operator of a Department

- approved disp osal facility who accepts untreated biohazardous medical waste. 8. A person who generates medical sharps in the preparation of human remains. 9. A person who generates medical sharps in the treatment of animals. 10. A generator of discarded drugs not retur ned to the manufacturer.

## 90 B. The requirements for biohazardous medical waste set out for collection do not apply to the manner in which the generator collects, or handles biohazardous medical waste inside the generator's place of business.

Historical Note N ew Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1403. Exemptions; Partial Exemptions A. The following persons are exempt from the requirements of this Article: 1. Law enforcement personnel handling biohazardous medical waste for law enforcement purposes. 2. A person in possession of radioactive materials. 3 A person who returns unused medical sharps to the manufacturer. 4. A household generator residing in a private, public, or semi

- public residenc e who generates biohazardous medical waste in the administration of self care or the agent of the household generator who administers the medical care. This exemption does not apply to the facility in which the person resides if that facility is licensed b y the Arizona Department of Health Services. 5. A generator that separates medical devices from the medical waste stream that are sent out for re

- processing and returned to the generator. 6. A person in possession of human bodies regulated by A.R.S. Title 36. 7. A person who sends used medical sharps via the United States Postal Service or private shipping agent to a treatment facility. B. The following are conditionally exempt from the requirements of this Article: 1. A person who prepares human corpses, r emains, and anatomical parts that are intended for interment or cremation. However, if medical sharps are generated during the preparation of the human remains, they must be disposed of as prescribed by this Article. 2. A person who operates an emergency r escue vehicle, an ambulance, or a blood service collection vehicle if the biohazardous medical waste is returned to the home facility for disposal. This facility is considered to be the point of generation for packaging, treatment, and disposal. 3. A perso n who discharges discarded drugs and liquid and semi

- liquid biohazardous medical wastes, excluding cultures and stocks, to the sanitary sewer system if the operator of the wastewater sewer system and treatment facility allows, permits, authorizes, or other wise approves of the discharges. 4. A person who possesses hazardous waste regulated by A.R.S. Title 49, Chapter 5. 5. A health care worker who uses a multi

- purpose vehicle in the conduct of routine business other than transporting waste, is exempt from th e requirements of R18

- 13

- 1409 if the health care worker complies with all of the following: a. Packages the biohazardous medical waste according to R18

- 13

- 1407. b. Secures the packaged biohazardous medical waste within the vehicle so as to minimize spills. c. Transports the biohazardous medical waste to the place of business or to a medical waste treatment or disposal facility. d. Cleans the vehicle when it shows visible signs of contamination. e. Secures the vehicle to prevent unauthorized contact with the biohazardous medical waste. 6. A person who transports biohazardous medical waste between multiple properties separated by a public thoroughfare and which is owned or operated by the same owner or governmental entity is exempt from the requirements of R1 8

- 13

- 1409 if the person complies with R18

- 13

- 1403(B)(5)(a) through (e). 7. A hospital that chooses to accept medical sharps from staff physicians who generate medical sharps in a private practice is exempt from the requirement to obtain facility plan appro val as long as the hospital collects medical sharps for off

- site treatment or disposal. C. The following are exempt from some of the requirements of this Article: 1. A generator who treats biohazardous medical waste on site and who accepts for treatment me dical waste described in R18

- 13

- 1403(A)(4) is exempt from the requirement to obtain solid waste facility plan approval prescribed in R18

- 13

- 1410. 2. A generator who self

- hauls biohazardous medical waste to a Department

- approved medical waste treatment, sto rage, transfer, or disposal facility is exempt from the requirements of R18

- 13

- 1409 if the generator complies with R18

- 13

- 1403(B)(5)(a) through (e).

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Sup p. 99

- 3). R18

- 13

- 1404. Transition and Compliance Dates A. Unless otherwise specified in subsections (B) through (H), the date for compliance with this Article by generators, transporters, treaters, providers of alternative medical waste technology, and per sons in possession of untreated biohazardous medical waste is the effective date of this Article. B. A person who provides alternative medical waste treatment technology used by a generator before the effective date of this Article shall perform all of the following:

## 91 1. Register the alternative medical waste technology with the Department as prescribed in R18

- 13

- 1414 within 90 days after the effective date of this Article. 2. Not provide alternative technology 90 days after the effective date of this Articl e unless a Departmental registration certificate is received. 3. After receipt of the Departmental registration certificate, provide to all generators using the alternative treatment technology a copy of the registration certificate and the alternative tec hnology manufacturer's specifications. C. A generator who utilizes alternative medical waste treatment technology before the effective date of this Article shall obtain, within 180 days after the effective date of this Article, the Departmental registratio n number and equipment specifications, described in R18

- 13

- 1414, from the technology provider. If documentation of Departmental registration is not on file with the generator, the Department shall classify biohazardous medical waste treated 180 days after the effective date of this Article using the unregistered alternative treatment technology as untreated biohazardous medical waste. D. A generator who utilizes incineration or autoclaving for onsite treatment of biohazardous medical waste before the effect ive date of this Article may continue to do so after the effective date if the treatment requirements of R18

- 13

- 1415 and the onsite treatment requirements of R18

- 13

- 1405 are met. E. A transporter of biohazardous medical waste in business on the effective d ate of this Article shall register, within 90 days after the effective date of this Article, as required in R18

- 13

- 1409(A). F. An operator of a medical waste storage facility, who has obtained approval for a solid waste facility under A.R.S. § 49

- 762.04 on or before the effective date of this Article, may continue to store biohazardous medical waste if the facility complies with the design and operation standards prescribed in R18

- 13

- 1411. The addition of a refrigeration unit is a Type II change as describe d in R18

- 13

- 1413(A)(2). G. An operator of a medical waste transfer facility shall obtain solid waste facility plan approval that meets the requirements of R18

- 13

- 1410 within 180 days after the effective date of this Article. H. An operator of a medical was te treatment facility who has obtained Departmental plan approval to operate a medical waste treatment facility on or before the effective date of this Article may continue to operate under that plan approval if both of the following are met: 1. The treate r complies with the treatment standards of R18

- 13

- 1415 and the recordkeeping requirements of R18

- 13

- 1412, except as noted in the subsection below. 2. If the treater determines that the waste is not being treated to the applicable treatment standards of R18

- 13

- 1415, the treater informs the Department within two working days after the date on the determination, and within 30 working days enters into an administrative consent order to bring the facility into compliance. I. An operator of an existing municipal solid waste landfill who intends to accept untreated biohazardous medical waste shall submit a notice of a Type III change and an amended facility plan within 180 days after the effective date of this Article. J. Notwithstanding subsection (H), if the Depa rtment determines that an updated solid waste facility plan is required, a treater shall submit an updated plan within 180 days after the date on the Department's determination. The treater may continue to operate under the conditions specified in subsecti on (H) of this Section while the Department reviews and determines whether to approve or deny the updated plan. K. After the effective date of this Article, solid waste facility plan approval under A.R.S. § 49

- 762.04 is required for a new medical waste tre atment or disposal facility before construction.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1405. Biohazardous Medical Waste Treated On Site A. A person who treats biohazardou s medical waste on site shall use incineration, autoclaving, or an alternative medical waste treatment method that meets the treatment standards prescribed in R18

- 13

- 1415. B. A generator who uses: 1. Incineration shall follow the requirements of subsection s (C), (F), (G), and (H), 2. Autoclaving shall follow the requirements of subsections (D), (F), (G) and (H), or 3. An alternative treatment method shall follow the requirements of subsections (E), (F), (G), and (H). C. A generator who incinerates biohazard ous medical waste on site shall comply with all of the following requirements: 1. Obtain a permit if required by the local or state air quality agency having jurisdiction. 2. Reduce the biohazardous medical waste, excluding metallic items, into carbonized or mineralized ash. 3. Determine whether incinerator ash is hazardous waste as required by hazardous waste rules promulgated under A.R.S. Title 49, Chapter 5. 4. Dispose of the non

- hazardous waste incinerator ash at a Department

- approved municipal solid wa ste landfill. D. A generator who autoclaves biohazardous medical waste on site shall comply with all of the following requirements: 1. Further process by grinding, shredding, or any other process, any recognizable animals and human tissue, organs, or body parts, to render such waste non

- recognizable and ensure effective treatment. 2. Operate the autoclave at the manufacturer's specifications appropriate for the quantity and density of the load.

## 92 3. Keep records of operational performance levels for six month s after each treatment cycle. Operational performance level recordkeeping includes all of the following: a. Duration of time for each treatment cycle. b. The temperature and pressure maintained in the treatment unit during each cycle. c. The method used to determine treatment parameters in the manufacturer's specifications. d. The method in manufacturer's specifications used to confirm microbial inactivation and the test results. e. Any other operating parameters in the manufacturer's specifications for eac h treatment cycle. 4. Keep records of equipment maintenance for the duration of equipment use that include the date and result of all equipment calibration and maintenance. E. A generator who uses an alternative treatment method on site shall comply with a ll of the following requirements: 1. Use only alternative treatment methods registered under R18

- 13

- 1414. 2. Further process by grinding, shredding, or any other process, any recognizable animals and human tissue, organs, or body parts, to render this wast e non

- recognizable and ensure effective treatment. 3. Follow the manufacturer's specifications for equipment operation. 4. Supply upon request all of the following: a. The Departmental registration number for the alternative medical waste treatment technol ogy and the type of biohazardous medical waste that the equipment is registered to treat. b. The equipment specifications that include all of the following: i. The operating procedures for the equipment that enable the treater to comply with the treatment standards described in this Article for the type of waste treated. ii. The instructions for equipment maintenance, testing, and calibration that enable the treater to comply with the treatment standards described in this Article for the type of waste treat ed. 5. Maintain a training manual regarding the proper operation of the equipment. 6. Maintain a treatment record consisting of a log of the volume of medical waste treated and a schedule of calibration and maintenance performed under the manufacturer's sp ecifications. 7. Maintain treatment records for six months after the treatment date for each load treated. 8. Maintain the equipment specifications for the duration of equipment use. F. A generator shall do all of the following: 1. Package the treated medi cal waste according to the waste collection agency's requirements; 2. Attach to the package or container a label, placard, or tag with the following words: "This medical waste has been treated as required by the Arizona Department of Environmental Quality standards" before placing the treated medical waste out for collection as a general solid waste. The generator shall ensure that the treated medical waste meets the standards of R18

- 13

- 1415. 3. Upon request of the solid waste collection agency or municipal solid waste landfill, provide a certification that the treated medical waste meets the standards of R18

- 13

- 1415. 4. Make treatment records available for Departmental inspection upon request. G. A generator of medical sharps shall handle medical sharps as prescribed in R18

- 13

- 1419. H. A generator of chemotherapy waste, cultures and stocks, or animal waste shall handle that waste as prescribed in R18

- 13

- 1420.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 19 99 (Supp. 99

- 3). R18

- 13

- 1406. Biohazardous Medical Waste Transported Off Site for Treatment A. A generator of biohazardous medical waste shall package the waste as prescribed in R18

- 13

- 1407 before self

hauling or before setting the waste out for collection by a transporter. B. A generator shall obtain a copy of the tracking document signed by the transporter signifying acceptance of the biohazardous medical waste. A generator shall keep a copy of the tracking document for one year from the date of acceptanc e by the transporter. The tracking document shall contain all of the following information: 1. Name and address of the generator, transporter, and medical waste treatment, storage, transfer, or disposal facility, as applicable. 2. Quantity of biohazardous medical waste collected by weight, volume, or number of containers. 3. Identification number attached to bags or containers. 4. Date the biohazardous medical waste is collected. C. A generator of chemotherapy waste, cultures and stocks, or animal waste sha ll handle the waste as prescribed in R18

- 13

- 1420. D. A generator of medical sharps shall handle the waste as prescribed in R18

- 13

- 1419.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1407. Packaging

## 93 A. A generator who sets biohazardous medical waste out for collection for off

- site treatment or disposal shall package the biohazardous medical waste in either of the following: 1. A red disposable plastic bag that is: a. Leak resistant , b. Impervious to moisture, c. Of sufficient strength to prevent tearing or bursting under normal conditions of use and handling, d. Sealed to prevent leakage during transport, e. Puncture resistant for sharps, and f. Placed in a secondary container. Thi s container shall be constructed of materials that will prevent breakage of the bag in storage and handling during collection and transportation and bear the universal biohazard symbol. The secondary container may be either disposable or reusable. 2. A reu sable container that bears the universal biohazard symbol and that is: a. Leak

- proof on all sides and bottom, closed with a fitted lid, and constructed of smooth, easily cleanable materials that are impervious to liquids and resistant to corrosion by disin fection agents and hot water, and b. Used for the storage or transport of biohazardous medical waste and cleaned after each use unless the inner surfaces of the container have been protected by disposable liners, bags, or other devices removed with the was te. "Cleaning" means agitation to remove visible particles combined with one of the following: i. Exposure to hot water at a temperature of at least 180 degrees Fahrenheit for a minimum of 15 seconds. ii. Exposure to an EPA

- approved chemical disinfectant u sed under established protocols and regulations. iii. Any other method that the Department determines is acceptable, if the determination of acceptability is made in advance of the cleaning. B. A generator shall handle any container used for the storage or transport of biohazardous medical waste that is not capable of being cleaned as described in subsection (A)(2)(b), or that is disposable packaging, as biohazardous medical waste. C. A generator shall not use reusable containers described in subsection (A) (2) for any purpose other than the storage of biohazardous medical waste. D. A generator shall not reuse disposable packaging and liners and shall manage such items as biohazardous medical waste.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1408. Storage A. A generator may place a container of biohazardous medical waste alongside a container of solid waste if the biohazardous medical waste is identified and not allowed to co

- ming le with the solid waste. The storage area shall not be used to store substances for human consumption or for medical supplies. B. Once biohazardous medical waste has been packaged for shipment off site, a generator shall provide a storage area for biohazar dous medical waste until the waste is collected and shall comply with both of the following requirements: 1. Secure the storage area in a manner that restricts access to, or contact with the biohazardous medical waste to authorized persons. 2. Display the universal biohazard symbol and post warning signs worded as follows for medical waste storage areas: (in English) "CAUTION

-- BIOHAZARDOUS MEDICAL WASTE STORAGE AREA

-- UNAUTHORIZED PERSONS KEEP OUT" and (in Spanish) "PRECAUCION

-- ZONA DE ALMACENAMIENTO D E DESPERDICIOS BIOLOGICOS PELIGROSOS

-- PROHIBIDA LA ENTRADA A PERSONAS NO AUTORIZADAS." C. Beginning at the time the waste is set out for collection, a generator who stores biohazardous medical waste shall comply with all of the following requirements: 1. Keep putrescible biohazardous medical waste unrefrigerated if it does not create a nuisance. However, refrigerate at 40° F. or less putrescible biohazardous medical waste kept more than seven days. 2. Store biohazardous medical waste for 90 days or less u nless the generator has obtained facility plan approval under A.R.S. § 49

- 762.04 and is in compliance with the design and operational requirements prescribed in R18

- 13

- 1412. 3. Keep the storage area free of visible contamination. 4. Protect biohazardous me dical waste from contact with water, precipitation, wind, or animals. A generator shall ensure that the waste does not provide a breeding place or a food source for insects or rodents. 5. Handle spills by re

- packaging the biohazardous medical waste, re

- lab eling the containers and cleaning any soiled surface as prescribed in R18

- 13

- 1407(A)(2)(b).

## 94 6. Notwithstanding subsection (C)(1), if odors become a problem, a generator shall minimize objectionable odors and the off

- site migration of odors. If the Departme nt determines that a generator has not acted or adequately addressed the problem, the Department shall require the waste to be removed or refrigerated at 40° F or less.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective Sep tember 17, 1999 (Supp. 99

- 3). R18

- 13

- 1409. Transportation A. A transporter shall register with the Department in addition to possessing a permit, license, or approval if required by a local health department, environmental agency, or other governmental age ncy with jurisdiction. B. Upon receiving all of the following information from a transporter, the Department shall issue the registration after assigning a registration number to the transporter: 1. The name, address, and telephone number of the transporta tion company or entity. 2. All owners' names, addresses, and telephone numbers. 3. All names, addresses, and telephone numbers of any agents authorized to act on behalf of the owner. 4. A copy of either the certificate of disclosure required by A.R.S. § 49

- 109 or a written acknowledgment that this disclosure is not required. 5. Photocopies or other evidence of the issuance of a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with juri sdiction. 6. A copy of the transportation management plan required in subsection (C). C. A person who transports biohazardous medical waste shall maintain in each transporting vehicle at all times a transportation management plan consisting of both of the following: 1. Routine procedures used to minimize the exposure of employees and the general public to biohazardous medical waste throughout the process of collecting, transporting, and handling. 2. Emergency procedures used for handling spills or accidents

. D. A transporter who accepts biohazardous medical waste from a generator shall leave a copy of the tracking document described in R18

- 13

- 1406(B) with the person from whom the waste is accepted. A transporter shall ensure that a copy of the tracking docum ent accompanies the person who has physical possession of the biohazardous medical waste. Upon delivery to a Department

- approved transfer, storage, treatment, or disposal facility, the transporter shall obtain a copy of the tracking document, signed by a p erson representing the receiving facility, signifying acceptance of the biohazardous medical waste. E. A transporter who transports biohazardous medical waste in a vehicle dedicated to the transportation of biohazardous medical waste shall ensure that the cargo compartment can be secured to limit access to authorized persons at all times except during loading and unloading. In addition, the cargo compartment shall be constructed in compliance with one of the following: 1. Have a fully enclosed, leak

- proof c argo compartment consisting of a floor, sides, and a roof that are made of a
non

- porous material impervious to biohazardous medical waste and physically separated from the driver's compartment. 2. Haul a fully enclosed, leak

- proof cargo box made of a non

- p orous material impervious to biohazardous medical waste. 3. Tow a fully enclosed leak

- proof trailer made of a non

- porous material impervious to biohazardous medical waste. F. A person who transports biohazardous medical waste in a vehicle not dedicated to the transportation of biohazardous medical waste, but that is used longer than 30 consecutive days, shall comply with the following: 1. Subsections (A) and (C) through (G). 2. Clean the vehicle as prescribed in R18

- 13

- 1407(A)(2)(b) before it is used for an other purpose. G. A person who transports biohazardous medical waste shall comply with all of the following: 1. Accept only biohazardous medical waste packaged as prescribed in R18

- 13

- 1407. 2. Accept biohazardous medical waste only after providing the gene rator with a signed tracking form as prescribed in R18

- 13

- 1406(B), and keep a copy of the tracking document for one year. 3. Deliver biohazardous medical waste to a Department

- approved biohazardous medical waste storage, transfer, treatment, or disposal fa cility within 24 hours of collection or refrigerate the waste for not more than 90 days at 40° F or less until delivery. 4. Not hold biohazardous medical waste longer than 96 hours in a refrigerated vehicle unless the vehicle is parked at a Department

- appr oved facility. 5. Not unload, reload, or transfer the biohazardous medical waste to another vehicle in any location other than a Department

- approved facility, except in emergency situations. Combination vehicles or trailers may be uncoupled and coupled to another cargo vehicle or truck trailer as long as the biohazardous medical waste is not removed from the cargo compartment.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3).

## 95 R18

- 13

- 1410. St orage, Transfer, Treatment, and Disposal Facilities; Facility Plan Approval A. A person shall obtain solid waste facility plan approval from the Department as prescribed in A.R.S. § 49

- 762.04 to construct any facility that will be used to store, transfer, treat, or dispose of biohazardous medical waste that was generated off site. Plan approval shall be obtained before starting construction of the medical waste treatment or disposal facility. This requirement also applies to solid waste facilities for which an operator self

- certifies under A.R.S. § 49

- 762.05, if the facility also will receive biohazardous medical waste. B. If an air quality permit is required for the facility under A.R.S. Title 49, Chapter 3, the person shall include evidence of that air qua lity permit, or evidence of an air quality permit application with the application for solid waste facility plan approval. C. A person applying for facility plan approval shall ensure that the plan contains information demonstrating how the plan will compl y with this Article.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1411. Storage and Transfer Facilities; Design and Operation An operator of a storage facility or transfer facil ity shall comply with all of the following design and operation requirements: 1. Design the facility so that biohazardous medical waste is always handled and stored separately from other types of solid waste if accepted at the facility. 2. Display prominen tly the universal biohazard symbol as prescribed in R18

- 13

- 1401. 3. Construct the storage area from smooth, easily cleanable non

- porous material that is impervious to liquids and resistant to corrosion by disinfecting agents and hot water. 4. Protect bioha zardous medical waste from contact with water, precipitation, wind, or animals. 5. Specify in the application for facility plan approval the maximum storage time that biohazardous medical waste will remain at the facility. If the biohazardous medical waste will be stored for more than 24 hours, the operator shall equip the facility with a refrigerator to refrigerate the biohazardous medical waste. The operator of the facility shall maintain the temperature in the refrigerator at 40° F. or less. 6. Accept bi ohazardous medical waste only if it is accompanied by the tracking form. The operator shall sign the tracking form and keep a copy of the acceptance documentation for one year; 7. Accept biohazardous medical waste if it is packaged as described in R18

- 13

- 1 407. If a biohazardous medical waste container is damaged or leaking, improperly labeled, or otherwise unacceptable, a transfer facility operator shall do one of the following: a. Reject the waste and return it to the transporter. b. Accept the waste and i mmediately repackage it as prescribed in R18

- 13

- 1407(A). 8. Clean the storage area daily as prescribed in R18

- 13

- 1407(A)(2).

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1412. T reatment Facilities; Design and Operation A. An operator who applies for facility plan approval shall comply with all of the following: 1. Submit to the Department the following documentation: a. Equipment specifications that identify the proper type of me dical waste to be treated in the equipment and any design or equipment restrictions. b. Manufacturer's specifications and operating procedures for the equipment that describe the type and volume of waste to be treated, monitoring data of the treatment proc ess, and calibration and testing of the equipment, providing specific details about the capability of the equipment to achieve the treatment standards prescribed in R18

- 13

- 1415. c. Instructions for equipment maintenance, testing, and calibration that ensur e the equipment achieves the treatment standards prescribed in R18

- 13

- 1415. d. Training manual for the equipment. e. Written certification from the manufacturer stating that the equipment, when operated properly, is capable of achieving the treatment stand ards prescribed in R18

- 13

- 1415. 2. Submit to the Department and have readily available at the facility, an operations procedure manual describing how the waste will be handled from the time it is accepted by the treater through the treatment process and fi nal disposition of the treated waste. The operations procedure manual shall include all of the following: a. Provisions for treating biohazardous medical waste within 24 hours of receipt or refrigerating immediately at 40° F. or less upon determination tha t treatment or disposal will not occur within 24 hours. b. A contingency plan if the treatment equipment is out of service for an extended period of time. The plan shall address the manner and length of time for storage of the waste. An operator shall not store biohazardous medical waste more than 90 days. The plan shall be based on the capacity of the treatment equipment to treat all waste at the facility, including any backlog of stored waste and any new waste

## 96 intake. If the 90

- day time

- frame will be exce eded, the operator shall either stop accepting waste until the backlog is treated, or contract with another treatment facility for treating the waste. c. Procedures for handling hazardous chemicals, radioactive waste, and chemotherapy waste. The plan shall provide for scanning biohazardous medical waste with a Geiger counter and handling waste that measures above background level in a manner that complies with state and federal law. 3. Have on hand written procedures stating that biohazardous medical waste is to be accepted from a transporter only if the waste is accompanied by a tracking form, and written procedures that require compliance with both of the following: a. The treater or the treater's authorized agent shall sign the tracking document and keep a copy of the acceptance documentation for one year. b. If a biohazardous medical waste container is damaged or leaking, improperly labeled, or otherwise unacceptable, a treater shall do one of the following: i. Reject the waste and return it to the transp orter. ii. Accept the waste and transfer it directly from the transporting vehicle to the treatment processing unit. iii. If the waste will not be treated immediately, repackage the waste for storage. 4. Assure that the facility is designed to meet both of the following requirements: a. Any floor or wall surface in the processing area of the facility which may come into contact with biohazardous medical waste is constructed of a smooth, easily cleanable non

- porous material that is impervious to liquids. b. The floor surface in the treatment and storage area either has a curb of sufficient height to contain spills or slopes to a drain that connects to an approved sanitary sewage system, septic tank system, or collection device. 5. Store biohazardous medical w aste as required in R18

- 13

- 1408. 6. Comply with all of the following if the treatment method is incineration: a. Reduce the incinerated medical waste, excluding metallic items, into carbonized or mineralized ash by incineration. b. Determine whether the as h is hazardous waste as required under R18

- 8

- 262. 7. Conduct any autoclaving according to the manufacture's specifications for the unit. 8 Use only alternative medical waste treatment methods that achieve the treatment standards in R18

- 13

- 1415(A). 9. Treat animal waste, chemotherapy waste, and cultures and stocks as prescribed in R18

- 13

- 1420. 10. Treat medical sharps as prescribed in R18

- 13

- 1419. 11. Keep records of equipment maintenance and operational performance levels for three years. The records shall include the date and result of all equipment calibration and maintenance. Operational performance level records shall indicate the duration of time for each treatment cycle and: a. For steam treatment and microwaving treatment records, both the temperature and pressure maintained in the treatment unit during each cycle and the method used for confirmation of temperature and pressure. b. For chemical treatment, a description of the solution used. c. For incineration, the temperature maintained in the treatme nt unit during operation. d. Any other operating parameters in the manufacturer's specifications. e. A description of the treatment method used and a copy of the maintenance test results. 12. Not open the red bag prior to treatment unless opening the bag i s required to treat the contents. Transfer of the entire contents, when performed as part of the treatment process, is permitted. B. The treater shall make treatment records available for Departmental inspection upon request.

Historical Note New Section ad opted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1413. Changes to Approved Medical Waste Facility Plans A. As required by A.R.S. § 49

- 762.06, before making any change to an approved facility plan a treatment fac ility owner or operator shall submit a notice to the Department stating which of the following categories of change is requested: 1. A Type I change to an approved medical waste facility plan is a change not described in subsection (A)(2), (3), or (4). 2. A Type II change to an approved medical waste facility plan is a change in which treatment equipment is replaced with equal or like equipment, resulting in either no increase to treatment capacity or the addition of equipment that is not directly used in t he treatment process. 3. A Type III change to an approved medical waste facility plan is a change described by one of the following: a. Treatment equipment is added, resulting in less than a 25% increase in treatment capacity. b. The storage area is enlarg ed resulting in less than a 25% increase in storage capacity. c. Treatment technology is changed. 4. A Type IV change to an approved medical waste facility plan is a change described by one of the following: a. Treatment equipment is added, resulting in a 25% or more increase in treatment capacity.

## 97 b. The storage area is enlarged resulting in a 25% or more increase in storage capacity. c. Treatment equipment is added that requires an environmental permit. d. An expansion of the treatment facility onto land not previously described in the approved plan. B. As required by A.R.S. § 49

- 762.06, a treatment facility operator who has identified a change under subsection (A) shall comply with one of the following: 1. For a Type I change, make the change without noti ce to, or approval by the Department. 2. For a Type II change, before making any change, provide written notification that describes the change to the Department. The addition of refrigeration units only for compliance with this Article is a Type II change for which no Departmental approval is required. 3. For a Type III or Type IV change, submit an amended plan to the Department for approval before making any change. Departmental approval is required prior to making any change.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1414. Alternative Medical Waste Treatment Methods: Registration and Equipment Specifications A. A manufacturer or its agent who applies for alternative medical waste treatment method registration shall submit to the Department all of the following: 1. The manufacturer or company name and address. 2. The name, address, and telephone number of the person who submits the application. 3. A description of the alternat ive medical waste treatment method. 4. A list of any other states in which the treatment method is used, including a copy of any state approvals. 5. A description of by

- products generated as result of the alternative treatment method. 6. A certification st atement that the contents of the application are true and accurate to the knowledge and belief of the applicant. 7. Written documentation demonstrating that the alternative medical waste treatment method is capable of compliance with the treatment standard s in this Article for the type of waste treated. The manufacturer shall employ a laboratory independent of any oversight activities by the manufacturer to provide this analysis. 8. The manufacturer's equipment specifications for the alternative medical was te treatment method being registered, including all of the following: a. Unit model number, or serial number. b. Equipment specifications that identify the proper type of biohazardous medical waste to be treated by the equipment and any design or equipment restrictions. c. Operating procedures for the equipment that ensure the equipment complies with the treatment standards prescribed in this Article for the type of waste treated. d. Instructions for equipment maintenance, testing, and calibration that ensu re the equipment complies with the treatment standards prescribed in this Article for the type of waste treated. 9. Written documentation of registration if required by A.R.S. § 3

- 351. B. The Department shall make a determination whether to approve the reg istration application. If the Department approves the application, it shall issue to the applicant a certification of registration containing an alternative medical waste treatment method registration number. Only an alternative technology method with a va lid Department issued registration number meets the requirements of this Article.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1415. Treatment Standards, Quantification of Micro bial Inactivation and Efficacy Testing Protocols A. A treater using an alternative treatment technology shall ensure that treatment achieves either of the following treatment standards: 1. A 6 log 10 inactivation in the concentration of vegetative microorg anisms. 2. A 4 log 10 inactivation in the concentration of Bacillus stearothermophilus or Bacillus subtilis as is appropriate to the technology. B. A treater utilizing an alternative treatment method shall conduct efficacy studies to demonstrate that the t reatment mechanisms are capable of achieving the standards in subsection (A) through either of the following: 1. Mycobacterial species used as indicators of vegetative microorganisms: a. Mycobacterium phlei, or b. Mycobacterium bovis (BOG) (ATCC 35743) 2. Spore suspensions of one of the following two bacterial species, as appropriate to the technology, used as biological indicators in efficacy tests of thermal, chemical, and irradiation treatment systems. Studies shall demonstrate a 4 log 10 reduction in th e concentration of viable spores, through the use of an initial inoculum suspension of 5 log 10 or greater of: a. Bacillus stearothermophilus (ATCC 7953), or b. Bacillus subtilis (ATCC 19659).

## 98 C. A treater utilizing an alternative treatment method shall qu antify microbial inactivation as follows: 1. Microbial inactivation, or "kill" efficacy is equated to "Log 10 Kill" that is defined as the difference between the logarithms of the number of viable test microorganisms before and after treatment. This defini tion is stated
as: Log 10 Kill = Log 10 (cfu/g "I")

- Log 10 (cfu/g "R") where: Log 10 Kill is equivalent to the term Log 10 reduction, "I" is the number of viable test microorganisms introduced into the treatment unit, "R" is the number of viable test mic roorganisms recovered from the treatment unit, and "cfu/g" are colony forming units per gram of waste solids. 2. For those treatment processes that can maintain the integrity of the biological indicator carrier of the desired microbiological test strain, b iological indicators of the required strain and concentration may be used to demonstrate microbial inactivation. Quantification is evaluated by growth or no growth of the cultured biological indicator. 3. For those treatment mechanisms that cannot ensure o r provide integrity of the biological indicator, quantitative measurement of microbial inactivation requires a two

- step approach: Step 1 "Control" and Step 2 "Test". The purpose of Step 1 is to account for the reduction of test microorganisms due to loss b y dilution or physical entrapment. a. Step 1: i. Use microbial cultures of a predetermined concentration necessary to ensure a sufficient microbial recovery at the end of this step. ii. Add suspension to a standardized medical waste load that is to be proc essed under normal operating conditions without the addition of the treatment agent (that is, heat, chemicals). iii. Collect and wash waste samples after processing to recover the biological indicator organisms in the sample. iv. Plate the recovered microo rganism suspensions to quantify microbial recovery. The number of viable microorganisms recovered serves as a baseline quantity for comparison to the number of recovered microorganisms from wastes processed with the treatment agent. v. The required number of recovered viable indicator microorganisms from Step 1 must be equal to or greater than the number of microorganisms required to demonstrate the prescribed Log reduction, either a 6 Log 10 reduction for vegetative microorganisms or a 4 Log 10 reduction f or bacterial spores. This can be defined by the following equation: Log 10 RC = Log 10 IC

- Log 10 NR
or Log 10 NR = Log 10 IC

- Log 10 RC where: Log 10 RC is greater than 6 for vegetative microorganisms and greater than 4 for bacterial spores and where: L og 10 RC is the number of viable "control" microorganisms in colony forming units per gram of waste solids recovered in the non

- treated, processed waste residue; Log 10 IC is the number of viable "control" microorganisms in colony forming units per gram of waste solids introduced into the treatment unit; Log 10 NR is the number of "control" microorganisms in colony forming units per gram of waste solids which were not recovered in the non

- treated, processed waste residue. Log 10 NR represents an accountabil ity factor for microbial loss. b. Step 2: i. Use microbial cultures of the same concentration as in Step 1. ii. Add suspension to the standardized medical waste load that is to be processed under normal operating conditions with the addition of the treatme nt agent. iii. Collect and wash waste samples after processing to recover the biological indicator organisms in the sample. iv. Plate recovered microorganism suspensions to quantify microbial recovery. v. From data collected from Step 1 and Step 2, the lev el of microbial inactivation, "Log 10 Kill", is calculated by employing the following equation: Log 10 Kill = Log 10 IT

- Log 10 NR

- Log 10 RT where: Log 10 Kill is equivalent to the term Log 10 reduction; Log 10 IT is the number of viable "Test" microorg anisms in colony forming units per gram of waste solids introduced into the treatment unit. Log 10 IT = Log 10 IC; Log 10 NR is the number of "Control" microorganisms in colony forming units per gram of waste solids which were not recovered in the non

- trea ted, processed waste residue;

## 99 Log 10 RT is the number of viable "Test" microorganisms in colony forming units per gram of waste solids recovered in treated, processed waste residue. D. A treater shall employ the appropriate methodology to determine efficac y of the treatment technology following the protocols in subsection (C) that are congruent with the treatment method.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1416. Recycled Materials A. Once a generator places biohazardous medical waste in a red bag as required in R18

- 13

- 1407, a person shall not remove any of the biohazardous medical waste from the bag until the biohazardous medical waste has been treated as required in R18

- 13

- 1415. B. A generator of biohazardous medical waste intending to recycle any portion of the biohazardous medical waste shall segregate that portion of biohazardous medical waste from the portion of biohazardous medical waste that will not be recycled. Th e generator shall do either of the following: 1. Treat the biohazardous medical waste intended for recycling as required in R18

- 13

- 1415 before sending the treated medical waste to a recycler. 2. Follow the requirements in R18

- 13

- 1406, R18

- 13

- 1407, and R18

- 13

- 1408, before either contracting with a transporter to haul or self

- hauling the biohazardous medical waste to a treatment facility for treatment. After treatment, the treated medical waste may be sent to a recycler.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1417. Disposal Facilities: Operation An operator of a municipal solid waste landfill that accepts untreated biohazardous medical waste shall comply with all the following in design and operational requirements: 1. Accept biohazardous medical waste only if packaged according to R18

- 13

- 1407. 2. Keep the biohazardous medical waste disposal area separate from the general purpose disposal area. 3. Clearly label the biohazardou s medical waste disposal area, informing persons that the disposal area contains untreated medical waste. 4. Not drive directly over deposited medical waste. The operator shall achieve compaction by first spreading a layer of soil that is sufficiently thic k to prevent compaction equipment from coming into direct contact with the waste, or dragging waste over the area. 5. Cover the biohazardous medical waste with 6 inches of compacted soil at the end of the working day or more often as necessary to prevent v ector breeding and odors. 6. Not allow salvaging of untreated biohazardous medical waste from the landfill.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1418. Discarded Drugs A. A generator of discarded drugs not returned to the manufacturer shall destroy the drugs on site prior to placing the waste out for collection. A generator shall destroy the discarded drugs by any method that prevents the drug's use. If federal or state la w prescribes a specific method for destruction of discarded drugs, the generator shall comply with that law. B. A generator of discarded drugs may flush them down a sanitary sewer if allowed by the wastewater treatment authority.

Historical Note New Sectio n adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1419. Medical Sharps Medical sharps shall be handled as follows: 1. A generator who treats biohazardous medical waste on site shall place medical sharps in a sharps container after rendering them incapable of creating a stick hazard by using an encapsulation agent or any other process that prevents a stick hazard. Medical sharps encapsulated or processed in this manner are considered to be solid waste. 2. A gen erator who ships biohazardous medical waste off site for treatment shall either: a. Place medical sharps in a medical sharps container and follow the requirements of R18

- 13

- 1406, or b. Package and send medical sharps to a treatment facility via a mail

- back system as prescribed by the instructions provided by the mail

- back system operator. An Arizona treatment facility shall render medical sharps incapable of creating a stick hazard by using an encapsulation agent or any other process that prevents a stick h azard.

## 100 3. A person operating a treatment facility who accepts medical sharps for treatment shall either: a. Encapsulate medical sharps to prevent stick hazard, or b. Use any other process that prevents a stick hazard.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). R18

- 13

- 1420. Additional Handling Requirements for Certain Wastes A. A person who treats the following biohazardous medical waste categories shall meet the following additional
r equirements: 1. Cultures and stocks shall be incinerated, autoclaved, or treated by an alternative medical waste treatment method that meets the treatment standards set forth in R18

- 13

- 1415(A) and packaged inside a watertight primary container with absorbe nt packing materials if shipped off site for treatment or disposal. The primary container shall be placed inside a secondary inner container that is then placed inside an outer container. If federal or state law prescribes specific requirements for packagi ng and transporting this waste, the treater shall comply with that law. 2. Chemotherapy waste shall be incinerated or disposed of in either an approved solid waste or hazardous waste disposal facility. 3. Experimental or research animal waste shall be hand led as follows: a. Autoclave bedding on site or package as described in R18

- 13

- 1407 for off

- site treatment or landfilling. b. Incinerate animal carcasses on site, or if taken off site for treatment, comply with one of the following requirements: i. Package the waste in a leakproof, covered container, label the contents and send to an incinerator or a Department

- approved landfill, or ii. If treated by a method other than incineration, pre

- process by grinding, then treat by a method that achieves the standard s of R18

- 13

- 1415(A). B. If a treater uses grinding in combination with another treatment method described in this Article, the treater shall conduct it in a closed system to prevent humans from being exposed to the release of the waste into the environment . If grinding is used for medical sharps, the grinding shall render the medical sharps incapable of creating a stick hazard.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99

- 3). ARTICLE 15. RE CODIFIED Editor's Note: The recodification at 7 A.A.R. 2522 described below erroneously moved Sections into 18 A.A.C. 9, Article 9. Those Sections were actually recodified to 18 A.A.C. 9, Article 10. See the Historical Notes for more information (Supp. 01

- 4). Article 15, consisting of Sections R18

- 13

- 1501 through R18

- 13

- 1514 and Appendix A, recodified to 18 A.A.C. 9, Article 9 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). R18

- 13

- 1501. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 902 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1002 (Supp. 01

- 4). R18

- 13

- 1502. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 901 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1001 (Supp. 01

- 4). R18

- 13

- 1503. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 903 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1003 (Supp. 01

- 4). R18

- 13

- 1504. Recodified

Historical Note

## 101 Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 904 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1004 (Supp. 01

- 4). R18

- 13

- 1505. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 905 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1005 (Supp. 01

- 4). R18

- 13

- 1506. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 906 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1006 (Supp. 01

- 4). R18

- 13

- 1507. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 907 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1007 (Supp. 01

- 4). R18

- 13

- 1508. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 908 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1008 (Supp. 01

- 4). R18

- 13

- 1509. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 909 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1009 (Supp. 01

- 4). R18

- 13

- 1510. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 910 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1010 (Supp. 01

- 4). R18

- 13

- 1511. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 911 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1011 (Supp. 01

- 4). R18

- 13

- 1512. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 912 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1012 (Supp. 01

- 4). R18

- 13

- 1513. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 913 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1013 (Supp. 01

- 4). R18

- 13

- 1514. Recodified

Historical Note Adopted effective April 23, 1996 (Sup p. 96

- 2). Section recodified to R18

- 9

- 914 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to R18

- 9

- 1014 (Supp. 01

- 4). Appendix A. Recodified

Historical Note

## 102 Appendix A, "Procedures to Determine A nnual Biosolids Application Rates", adopted effective April 23, 1996 (Supp. 96

- 2). Appendix A recodified to 18 A.A.C. 9, Article 9 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01

- 2). Previous note correction: Section actually recodified to 18 A.A.C. 9, Article 10 (Supp. 01

- 4). ARTICLE 16. BEST MANAGEMENT PRACTICES FOR PETROLEUM CONTAMINATED SOIL Article 16, consisting of Sections R18

- 13

- 1601 through R18

- 13

- 1614, recodified from 18 A.A.C. 8, Article 16 at 8 A.A.R. 5172, effective November 27, 2002; Sectio n and subsection citations within this Article were also updated under A.R.S. § 41

- 1011(C) (Supp. 02

- 4). R18

- 13

- 1601. Definitions In addition to definitions in A.R.S. § 49

- 851 and A.A.C. R18

- 13

- 1301, the terms in this Article shall have the following meani ngs: 1. "Accumulation site" means an area or site at which PCS from one or more points of generation under the control of the generator of PCS is accumulated for more than 12 hours but less than 90 days prior to treatment, storage, or disposal. 2. "Contain ment system" means a system designed to contain an accumulation of special waste which meets the design and performance standards in R18

- 13

- 1608 and either R18

- 13

- 1609 or R18

- 13

- 1611. 3. "Excavated" means removed from the earth by scraping or digging a hol e or cavity in the earth's surface or otherwise removed from the earth's surface. 4. "Facility" or "special waste receiving facility" means a treatment facility, storage facility, or disposal facility which has been approved by the Director in accordance w ith A.R.S. § 49

- 857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49

- 858. 5. "Hazardous waste" means hazardous waste as defined in A.R.S. § 49

- 921(5). 6. "Non

- fuel, non

- solvent petroleum product" means a petroleum

- based substance re fined from virgin crude oil that is not used as a solvent or fuel including mineral oils and hydraulic oils. 7. "Non

- regulated soils" means soils contaminated with total petroleum hydrocarbon (TPH) levels equal to or less than 100 mg/kg which are neither h azardous waste, PCS, nor solid waste PCS, and which do not constitute an environmental nuisance pursuant to A.R.S. §§ 49

- 141 through 49

- 144. 8. "PCS" means petroleum

- contaminated soils, which are not hazardous waste or solid waste PCS, which are excavated for storage, treatment, or disposal, and which contain contaminants as described by any of the following: a. TPH which exceeds concentrations of 5,000 mg/kg, b. Benzene which exceeds concentrations of 0.13 mg/kg, c. Toluene which exceeds concentrations of 200 mg/kg, d. Ethylbenzene which exceeds concentrations of 68 mg/kg, e. Total xylene which exceeds concentrations of 44 mg/kg. 9. "PCS disposal facility" means a site or special waste receiving facility at which the disposal of PCS has been approved by the Director pursuant to A.R.S. § 49

- 857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49

- 858. 10. "Petroleum" means petroleum as defined in A.R.S. § 49

- 1001(11). 11. "Point of compliance" means point of compliance as defined in A.R.S. § 49

- 244. 12. "Special waste shipper" means a person who transports special waste for off

- site treatment, storage, or disposal. 13. "Solid waste PCS" means excavated soils contaminated with petroleum, which are not hazardous waste and which meet any of th e following: a. Have TPH concentrations which exceed 100 mg/kg but which are at or below 5,000 mg/kg; b. Are soils contaminated with non

- fuel, non

- solvent petroleum products with a TPH which exceeds 100 mg/kg. 14. "Storage" means the holding of PCS for a p eriod of more than 90 days but less than one year. 15. "Storage facility" means a special waste receiving facility which engages in storage and which has been approved by the Director pursuant to A.R.S. § 49

- 857 or has qualified for Interim Use Facility st atus pursuant to A.R.S. § 49

- 858. 16. "Temporary treatment facility" means an on

- site treatment facility, or an off

- site treatment facility owned or operated by the generator of PCS, where the PCS is treated to reduce TPH, benzene, toluene, ethylbenzene,
o r total xylene concentrations and which complies with the requirements of R18

- 13

- 1610. 17. "Total petroleum hydrocarbons" or "TPH" means the sum of the aliphatic and aromatic hydrocarbon constituents contained in petroleum, as determined through laboratory testing. 18. "Treatability study" means a study in which a special waste is subjected to a treatment process to determine any one or more of the following: a. Whether the waste is amenable to the treatment process, b. What pretreatment is required, c. T he optimal process conditions needed to achieve the desired treatment, d. The efficiency of a treatment process,

## 103 e. The characteristics and volumes of residual contaminants from a particular treatment process, f. Toxicological and health effects. 19. "Tre atment facility" means a special waste receiving facility which has been approved by the Director pursuant to A.R.S. § 49

- 857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49

- 858, and at which PCS receives treatment to reduce TPH or benzene, toluene, ethylbenzene, or total xylene concentrations.

Historical Note Recodified from R18

- 8

- 1601 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1602. Applicability A. The Director declares that PCS, as defined in R18

- 13

- 1601( 8), constitutes a special waste as defined in A.R.S. § 49

- 851(A)(9). Except as otherwise provided in this Section and R18

- 13

- 1603, PCS shall be treated, stored, and disposed of in accordance with this Article. PCS shall not be diluted with any material or substance for purposes of avoiding applicability of these rules. B. PCS which is used in a treatability study shall comply with all of the following: 1. The owner or operator of the facility where a treatability study is to be conducted shall notify the De partment of its intent to conduct a treatability study at least 30 days prior to the commencement of the treatability study. 2. The total quantity of PCS used in the treatability study shall not exceed 5000 kilograms, unless evidence is provided which just ifies the need for a larger quantity and permission to use a larger amount is granted by the Director. 3. The owner or operator of the facility shall maintain records detailing the treatability study and the results obtained in accordance with R18

- 13

- 1614. 4. The treatability study shall be completed and the PCS shall be removed from the site within one year from commencement of the study. 5. Upon completion of the treatability study, the owner or operator of a facility shall dispose of the PCS used in the treatability study in accordance with this Article. 6. Sampling of the PCS shall be conducted in accordance with R18

- 13

- 1604(B) and (C) before and after the treatability study is performed. 7. The performance of the treatability study shall not result in a n environmental nuisance pursuant to A.R.S. §§ 49

- 141 through 49

- 144. C. PCS which is excavated pursuant to the requirements of A.R.S. Title 49, Chapter 6, Underground Storage Tank Regulation, and which is not removed from the site, shall comply with the r equirements of R18

- 13

- 1610 and R18

- 13

- 1612. D. PCS incorporated into asphalt for use in paving is not subject to other provisions of this Article if the owner or operator of the facility where the asphalt is produced does all of the following: 1. Notifies the Department in writing at least 30 days prior to commencing such incorporation, 2. Maintains records in accordance with R18

- 13

- 1614, 3. Stores the PCS prior to incorporation in accordance with R18

- 13

- 1611, 4. Uses only soil characterized as PCS based o n TPH concentrations as set forth in R18

- 13

- 1601(8)(a).

Historical Note Recodified from R18

- 8

- 1602 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1603. Exemptions A. Solid waste PCS are exempt from the provisions of this Article, except for the requirements in R18

- 13

- 1604, and are subject to A.R.S. § 49

- 761 et seq. B. Non

- regulated soils are exempt from the provisions of this Article, except for the requirements in R18

- 13

- 1604, and are exempt from the requirements of A.R.S. § 49

- 761 et s eq. C. Asphaltic cement which is not hazardous waste is exempt from the requirements of this Article. D. Soils which are contaminated with petroleum, which have been generated by households, and which are not hazardous waste, shall be exempt from the requi rements of this Article. E. Soil characterized as PCS solely because the TPH concentration exceeds 5,000 mg/kg may be disposed in accordance with A.R.S. § 49

- 761 et seq. and shall be exempt from the requirements of this Article, except that the generator s hall comply only with the requirements for accumulation sites in R18

- 13

- 1612, if either of the following conditions are met: 1. The mathematical product of the TPH (mg/kg) and the number of tons excavated is less than 10,000. 2. The mathematical product of the TPH (mg/kg) and the number of cubic yards excavated is less than 8,500.

Historical Note Recodified from R18

- 8

- 1603 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1604. Waste Determination

## 104 A. A generator of excavated soil contaminat ed with petroleum shall determine whether the soil is PCS, solid waste PCS, or non

- regulated soil. The basis for the determination shall be maintained for at least three years and shall be made available to the Department upon request. The generator shall make such determination using either of the following methods: 1. Testing the soil pursuant to subsection (B) of this Section. Laboratory analysis of these samples shall be performed by a laboratory licensed by the Arizona Department of Health Services. Ap proved testing methods, which identify concentrations for total recoverable extraction of contaminants, shall be used. 2. Application of knowledge of the characteristics of the contaminated soil in light of the known or potential source of the contaminatio n. The Department may require sampling to confirm the accuracy of applied knowledge. B. Sampling of soils contaminated with petroleum shall be performed in accordance with a site

- specific written sampling plan which is consistent with the requirements set forth in either of the following: 1. "Test Methods for Evaluating Solid Waste", EPA SW

- 846, 3rd Edition Volume II: Field Manual, Physical/Chemical Method, Chapter Nine (SW

- 846 Third Edition), 1986, Environmental Protection Agency, Washington, D.C. and no f uture editions or amendments, incorporated herein by reference and on file with the Department and the Office of the Secretary of State. 2. "Quality Assurance Project Plan", Chapter 9, May 1991 Edition, Arizona Department of Environmental Quality, Phoenix , Arizona and no future editions or amendments incorporated herein by reference and on file with the Department and the Office of the Secretary of State. C. Where multiple samples are collected from a stockpile of contaminated soil generated from a single source, the stockpile shall be considered as PCS if the arithmetic mean of the TPH concentrations of the samples exceeds 5,000 mg/kg. A sample having a concentration of total petroleum hydrocarbons which is below the analytical method detection limit or re porting limit shall be assigned a concentration which is 1/2 of the reported analytical method detection limit or reporting limit. D. If soil excavated during the initial investigation of a site to determine the extent of contamination is PCS, the PCS may be returned into the excavation site from which the soil was removed if all of the following conditions are met: 1. There is no freestanding liquid within the excavation, unless the State Fire Marshal or other jurisdictional fire authority directs otherwi se, and the requirements of subsections (2) and (3) of this subsection are met. 2. The owner or operator provides notification to the Department that the PCS has been returned to the excavation within 14 days after the return of the PCS to the excavation. 3. The owner or operator completes a site characterization within 120 days and implements remediation within 150 days after the date the site characterization began.

Historical Note Recodified from R18

- 8

- 1604 at 8 A.A.R. 5172, effective November 27, 2002 ( Supp. 02

- 4). R18

- 13

- 1605. Transportation A. PCS transported to a special waste receiving facility in Arizona shall be transported by a special waste shipper which has met the requirements of R18

- 13

- 1303. B. A special waste shipper shall transport the PCS i n closed containers pursuant to R18

- 13

- 1611(E) or shall ensure that any vehicle used to transport the PCS is loaded and covered in such a manner that the contents will not blow, fall, leak, or spill from the vehicle. C. A special waste shipper transporting PCS to a special waste receiving facility in Arizona, except a facility located on Indian country, shall deliver PCS to a special waste receiving facility approved by the Department.

Historical Note Recodified from R18

- 8

- 1605 at 8 A.A.R. 5172, effective N ovember 27, 2002 (Supp. 02

- 4). R18

- 13

- 1606. Fees The treatment, storage, or disposal facility that first receives a shipment of PCS shall remit to the Department a fee of $2.00 per ton in accordance with A.R.S. § 49

- 863.

Historical Note

Recodified from R18

- 8

- 1606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1607. Facility Approval; Application A. PCS shall be treated, stored, or disposed only at a PCS disposal facility, storage facility, treatment facility, or temporary treatment facil ity. A facility shall not be constructed or operated prior to obtaining written approval from the Department, except as provided for in A.R.S. § 49

- 858. B. The owner or operator of a PCS treatment, storage, or disposal facility shall submit an application to the Department which contains all of the information required in accordance with A.R.S. § 49

- 762. C. In addition to the requirements specified in A.R.S. § 49

- 762, the application shall contain all of the following:

## 105 1. A vicinity map, in a scale not ove r 1:24,000, which shows where the facility is located with respect to the surroundings, including an indication of the use of the adjacent properties. 2. An engineering report which includes all of the following: a. Detailed plans and specifications for th e entire facility including manufacturer's performance data and design features of treatment, pollution control, and monitoring equipment. b. A site description which includes general information on the geology, hydrogeology, soils, and land use. If a faci lity is located within the pollution management area of a facility for which an aquifer protection permit has been issued under A.R.S. § 49

- 241 et seq., then the applicant may resubmit or incorporate by reference the general information. c. A background so il sampling plan and results which characterize the site, including the rationale used to determine the locations, depths, and number of samples. 3. A site map, in a scale not to exceed 1:2,400, which clearly identifies where the PCS shall be deposited,
co ntainment berms, fencing and security measures, access roads, any improvements, wells, and location of surface water courses. 4. An operational plan which includes all of the following: a. General description of the daily operations of the facility and the processes, techniques, or methods to be employed; b. The source, amount, concentration of contaminants, and any other relevant information concerning the PCS to be handled; c. The schedule for sampling the PCS during treatment to evaluate treatment method s; d. Description of plans for final use and disposal of PCS and remediated soil, liners, piping, carbon canisters, and any other contaminated equipment; e. Procedures to ensure that only waste which has been characterized is received and that hazardous wa ste is not received; f. Procedures for random inspection of incoming loads to verify that only waste which has been characterized is accepted; g. Procedures for collecting and managing run

- off which comes in contact with PCS; h. Procedures for recordkeepin g of all inspection results, training of personnel, and sampling results; i. Procedures to control public access, and prevent unauthorized entry and illegal dumping. 5. A contingency plan for emergency preparedness which describes alternatives for storage , treatment, or disposal. 6. A closure plan which includes: a. A description of the steps necessary to close the facility, the specific proposed closure activities, and an implementation schedule; b. Information on site conditions and characterization of the waste received during the life of the facility; c. A description of the sampling plan utilized to sample background soil beneath the site following closure; d. A description of plans for use of the land site after closure; e. A description of post

- clo sure care. 7. An affidavit that the proposed facility is in compliance with local zoning requirements in effect at the time the application is submitted. D. Following completion of construction of a facility and prior to placement of PCS on the site, the owner or operator shall submit to the Department a construction certification report, including as

- built plans which indicate any changes to the design or operational plans for the facility. E. Plans required in accordance with this Section shall be sealed by a professional engineer registered in the state of Arizona, if required by statute. F. A facility shall be in compliance with all other applicable federal, state, and local approvals or permits which are required for the design, construction, and opera tion of the facility.

Historical Note Recodified from R18

- 8

- 1607 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1608. General Design and Performance Standards A. A facility which receives PCS for treatment, storage, or disposal shall be designed and operated to ensure compliance with the following performance standards relating to aquifer protection: 1. Pollutants discharged shall in no event cause or contribute to a violation of Aquifer Water Quality Standards, at the applicable point o f compliance, or, if the facility is a municipal solid waste landfill, it shall comply with the requirements of A.R.S. § 49

- 761.01(C). 2. Any pollutant discharged shall not further degrade, at the applicable point of compliance, the quality of any aquifer that already violates an Aquifer Water Quality Standard for that pollutant. B. A facility which receives PCS for treatment, storage, or disposal shall meet the general design criteria of either subsection (B)(1) or (2) as follows:

## 106 1. The PCS shall be held within a containment system designed and constructed to preclude the migration of contaminants into subsurface soil, groundwater, or surface water. The containment system shall meet the following criteria: a. Maintain a maximum hydraulic conductivity of n o more than 1 x 10 - 7 cm/sec; b. Be designed to provide structural integrity throughout the life of the facility; c. Be designed in accordance with the applicable design criteria set forth in subsection (C) of this Section and R18

- 13

- 1609 through R18

- 13

- 16 13; or 2. An alternative design shall contain, at a minimum, all of the following and shall demonstrate that the design will limit discharges listed in A.R.S. § 49

- 243(D) to the maximum extent practicable: a. The hydrogeologic setting of the facility and t he capacity of the liner and soils to preclude discharge to groundwater or surface water; b. The operating methods, processes, or other alternatives to be used at the facility; c. Additional factors which would influence the quality and mobility of the lea chate produced and the potential for that leachate to migrate to groundwater or surface water. C. A PCS treatment, storage, or disposal facility shall meet the following general design criteria: 1. The facility shall be designed to prevent run

- on and run

- off. The design shall provide run

- on control for the peak discharge from a 24

- hour, 25

- year storm event. Run

- off shall be collected and controlled for at least the water volume resulting from a 24

- hour, 25

- year storm event. 2. The facility shall not restr ict the flow of the 100

- year floodplain, reduce temporary water storage capacity of the floodplain, or be maintained in a manner which results in a washout or inundation of the PCS. 3. The owner or operator shall control public access and shall prevent una uthorized vehicular traffic and illegal dumping. 4. The owner or operator shall manage any standing water that has come into contact with the PCS in accordance with rules promulgated pursuant to A.R.S. § 49

- 761 et seq. D. A facility which manages PCS in ac cordance with the requirements of this Article shall be exempt from the aquifer protection permit requirements in accordance with A.R.S. § 49

- 250(B)(21). E. A facility which has been issued an aquifer protection permit from the Department shall be exempt f rom the requirements of subsections (A) and (B) of this Section but shall comply with the requirements of subsection (C).

Historical note Recodified from R18

- 8

- 1608 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1609. Treatment Facility A. The owner or operator of a PCS treatment facility shall obtain approval from the Department prior to commencement of construction or operation and shall comply with all of the following: 1. Not dilute PCS as a method of treatment, except as allowed in the approved plan for the facility; 2. Treat the PCS or, if the chosen treatment process fails to remediate the soil to below the regulatory thresholds, dispose of the PCS pursuant to R18

- 13

- 1613. 3. Sample the treated soil and provide the results of the sampling to the Department within 45 days of completion of the treatment. B. A PCS treatment facility designed in accordance with R18

- 13

- 1608(B)(1) shall comply with the following specific design criteria: 1. At a minimum, a containment system shall inclu de a clay, synthetic, concrete, or asphalt liner component which is placed upon a foundation or prepared subgrade which supports the liner, and resists pressure gradients above and below the liner, to prevent failure due to settlement, compression, or upli ft. 2. During construction or installation of a containment system, liners and cover systems shall be inspected for uniformity, damage, and imperfections. Immediately after construction or installation is completed, and prior to placement of PCS within the containment system, the systems shall be checked for both of the following: a. Synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters. b. Concrete, asphalt, and soil

- based liners an d covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non

- uniformities that may cause an increase in the permeability of the liner or cover. 3. The liner component shall consist of one of the foll owing: a. A synthetic liner which is compatible with the waste and which has a minimum 6" buffer layer of sand or soil between the liner and the PCS. b. A compacted soil or admixed liner provided with a minimum 6" buffer layer of sand or soil between the l iner and the PCS. c. An asphalt or reinforced concrete liner which is not in the drainage area of a dry well and is free of unsealed cracks and seams. 4. Aeration equipment shall be limited to the area above the buffer layers indicated in subsections (B)(2 )(a) and (b).

## 107 5. The owner or operator of the facility shall utilize protective measures to ensure containment system integrity during placement, treatment, or removal of the PCS. 6. PCS stored at a treatment facility prior to treatment shall be stored in accordance with the requirements of R18

- 13

- 1611.

Historical Note Recodified from R18

- 8

- 1609 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1610. Temporary Treatment Facility A. The owner or operator of a temporary treatment facility sha ll treat and remove all PCS from the temporary treatment facility within one year from the date of commencement of receipt of PCS for treatment. PCS shall not be diluted to meet any treatment requirement, except in accordance with the approved plan. B. A t emporary treatment facility shall obtain approval from the Department prior to commencing construction or operation. In lieu of the requirements of R18

- 13

- 1607(C), an application for approval shall contain all of the following: 1. An affidavit signed by th e owner or operator of the temporary treatment facility which states that the facility will comply with the requirements of this Article; 2. An affidavit that the proposed facility is in compliance with local zoning requirements in effect at the time the
a pplication is submitted; 3. Application information required pursuant to A.R.S. § 49

- 762 for plan approval for temporary treatment facilities; 4. A vicinity map, in a scale not over 1:24,000, which shows where the facility is located with respect to the
su rroundings, including an indication of the use of the adjacent properties; 5. A site description which includes general information on the geology, hydrogeology, soils, and land use; 6. A background soil sampling plan and results which characterize the sit e, including the rationale used to determine the locations, depths and number of samples; 7. A site map, in a scale not to exceed 1:2,400, which clearly identifies where the PCS shall be deposited, containment berms, fencing and security measures, access r oads, any improvements, wells, and location of surface water courses; 8. An operational plan which includes all of the following: a. General description of the daily operations of the facility and the processes, techniques, or methods to be employed; b. Th e source, amount, concentration of contaminants, and any other relevant information concerning the PCS to be handled; c. The schedule for sampling the PCS during treatment to evaluate treatment methods; d. Description of plans for final use and disposal of PCS and remediated soil, liners, piping, carbon canisters, and any other contaminated equipment; 9. A closure and post

- closure care plan which includes both of the following: a. A description of the steps necessary to close the facility, the specific prop osed closure activities, and an implementation schedule; b. A description of the sampling plan utilized to sample background soil beneath the site following closure. C. A temporary treatment facility shall not be operated for more than one year unless a o ne

- time extension is granted by the Department. The Department may grant an extension of up to one additional year if all of the following are met: 1. The inability to perform is caused by events beyond the control of the owner or operator, including acts of God, which include flood, tornado, earthquake, and causes beyond the owner's or operator's control including fire, explosion, unforeseen strikes or work stoppages, riot, sabotage, public enemy, war, requirements established by courts of competent jurisd iction, and other governing law. Financial inability to perform shall not be justification for an extension. 2. The owner and operator submits to the Department verifiable documentation which includes all of the following: a. A description of the circumsta nces causing any delay; b. Evidence of the existence of the circumstance; c. A description of past, present, and future measures taken or to be taken by the owner or operator to prevent or minimize any delay; d. A timetable by which the owner and operator will resume and complete required performance. 3. The request is received at least 60 days prior to the expiration of the year in which the facility first received PCS. Where the Department grants an extension, that extension shall be granted prior to the expiration of the deadline and communicated to the owner or operator in writing. D. A temporary treatment facility shall meet the design criteria as specified in R18

- 13

- 1608 and R18

- 13

- 1609(B). E. PCS stored at a temporary treatment facility prior to treat ment shall be stored in accordance with the requirements of R18

- 13

- 1611.

## 108 F. In accordance with A.R.S. § 49

- 762(F), a temporary treatment facility shall be exempt from the notice and public hearing requirements set forth in A.R.S. § 49

- 762(L).

Historical No te Recodified from R18

- 8

- 1610 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1611. Storage Facility A. A shipment of PCS shall not be stored for a period exceeding one year from the date the PCS is received. B. Each shipment of contamin ated soil shall be identified by source and stored in a manner which does not allow commingling of different shipments until all sampling results have been obtained. PCS shall be stored within an approved containment system and shall not be commingled with treated soils. C. A PCS storage facility shall obtain approval from the Department prior to commencement of construction or operation. A PCS storage facility designed in accordance with R18

- 13

- 1608(B)(1) shall comply with either of the following: 1. The containment system shall meet the requirements of R18

- 13

- 1609(B). 2. The PCS shall be stored in tanks or containers which meet the requirements of subsection (E) of this Section. D. A PCS storage area or each tank or container used for storage shall be mar ked as follows: CAUTION: CONTAINS PETROLEUM

- CONTAMINATED SOIL GENERATOR NAME: GENERATOR ID#: ACCUMULATION START DATE: The owner or operator of the storage facility shall fill in the accumulation start date at the time the PCS is placed into storage. The le tters shall be legible, not obstructed from view, on a high contrast background, and sufficiently durable to equal or exceed the duration of storage. Lettering size shall be 2.5 cm (1 inch) and in Sans Serif, Gothic, or Block style. E. A tank or container used to store PCS shall meet all of the following requirements: 1. Prevent leakage of PCS and any free liquids from the tank or container; 2. Be made of, or lined with, materials which will not react with the PCS; 3. Be kept closed during storage except to add or remove PCS; 4. Not be opened, handled, or stored in a manner which may rupture the tank or container or cause it to leak; 5. Shall be inspected monthly by the owner or operator of the storage facility for leaks and for deterioration. A written reco rd of the inspection shall be prepared at the time of the inspection and shall document corrective action, if any, taken as a result of the inspection. F. A PCS storage facility at which PCS is stored in piles shall comply with both of the following: 1. Al l storage piles shall be covered or otherwise managed to control wind dispersal of the PCS. 2. Storage piles of PCS shall be inspected weekly and a written record of the inspection shall be prepared at the time of the inspection which documents any correct ive action taken as a result of the inspection. The record shall document detection of any of the following: a. Deterioration, malfunctions, or improper operation of run

- on and run

- off control systems; b. Malfunctioning of wind dispersal control systems;
c . The presence of leachate in and the malfunctioning of any leachate collection and removal systems.

Historical Note Recodified from R18

- 8

- 1611 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1612. Accumulation Sites A. PCS from one or m ore points of generation under the control of a single generator may be accumulated in an accumulation site under the control of that generator for up to 90 days prior to shipment of the PCS to a storage, disposal, or treatment facility. B. An accumulatio n site shall comply with the storage facility requirements set forth in R18

- 13

- 1611, except subsection (A) of that Section. An accumulation site shall not be required to comply with the requirements in R18

- 13

- 1607. C. While PCS is at an accumulation site, the owner or operator shall control public access and prevent unauthorized vehicular traffic and illegal dumping. PCS shall be managed to prevent the PCS from being exposed to storm water run

- on or run

- off.

Historical Note Recodified from R18

- 8

- 1612 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1613. Disposal A. PCS shall be disposed at a special waste receiving facility which has been approved for the disposal of PCS, or at a hazardous waste management facility as defined in R18

- 13

- 26 0(E)(13). B. A PCS disposal facility designed in accordance with R18

- 13

- 1608(B)(1) shall comply with the following specific design criteria:

## 109 1. The disposal facility shall be designed with a composite liner, as defined in subsection (B)(2), and a leachate collection system that is designed and constructed to maintain less than a 12

- inch depth of leachate over the liner. 2. For purposes of this Section, "composite liner" means a system consisting of two components: the upper component shall consist of a mini mum 30

- mil flexible membrane liner (FML) and the lower component shall consist of at least a two

- foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10 - 7 cm/sec. FML components consisting of high density polyethylene (HDPE) shal l be at least 60 mil thick. The FML component shall be installed in direct and uniform contact with the compacted soil component.

Historical Note Recodified from R18

- 8

- 1613 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). R18

- 13

- 1614. Records Re cords required to be kept pursuant to this Article shall be maintained by the owner or operator and made available for inspection by the Director for a period of three years or longer during the course of an enforcement action or litigation.

Historical Not e

Recodified from R18

- 8

- 1614 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02

- 4). ARTICLE 17. RESERVED ARTICLE 18. RESERVED ARTICLE 19. RESERVED ARTICLE 20. RESERVED ARTICLE 21. MUNICIPAL SOLID WASTE LANDFILLS Article 21, consisting of Sections R18

- 13

- 2101 through R18

- 13

- 2103, made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03

- 2). R18

- 13

- 2101. Definitions In addition to the definitions in A.R.S. §§ 49

- 701 and 49

- 701.01, for the purpose of this Article, the terms used in this Article have the following meanings: 1. "Defined time period" means the 12

- month period that begins on July 1 of a calendar year and ends on June 30 of the following calendar year and consists of the actual number of calendar days in that 12

- month period. 2. "Disposal fee invoice" means the quarterly landfill disposal fee invoice the Department mails to a landfill operator, on which the landfill operator indicates the amount of waste received and the amount of the disposal fees owed to the Department as re quired under A.R.S. § 49

- 836. 3. "Full quarter" means any of the standard fiscal quarters of the defined time period for which a municipal solid waste landfill accepted waste on or before the first day of the quarter and on or after the last day of that qu arter. 4. "Waste disposal rate" means the average amount of waste disposed in this state by a person daily, which the Department has calculated to be 6.17 pounds per person per day.

Historical Note New Section made by final rulemaking at 9 A.A.R. 1770, eff ective July 14, 2003 (Supp. 03

- 2). R18

- 13

- 2102. Formula for Calculating Annual Registration Fee for an Existing Municipal Solid Waste Landfill A. For an existing municipal solid waste landfill, except those described in subsection (C), the Department shall calculate the annual registration fee under A.R.S. § 49

- 747 after calculating the population served by that municipal solid waste landfill, as follows: 1. Multiply the waste disposal rate by the number of days in the defined time period, and 2. Divide th e total number of pounds of waste received by the municipal solid waste landfill by the product from subsection (A)(1). B. The Department shall determine the number of pounds of waste received by a municipal solid waste landfill by one of the following met hods: 1. For a municipal solid waste landfill that accepted waste over the entire defined time period and: a. Reported tons of solid waste received on the disposal fee invoice, multiply the number of reported tons by 2,000; or b. Reported units of compacte d or uncompacted solid waste received on the disposal fee invoice, multiply the volume of solid waste reported under A.R.S. § 49

- 836(A)(1) by 2,000; or

## 110 2. For a municipal solid waste landfill that accepted waste for only a portion of the defined time perio d, but no less than a full quarter, the Department shall project the total amount of waste that would have been received by the landfill over the entire defined time period, using one of the following methods: a. For a municipal solid waste landfill that r eported receiving waste for at least a full three quarters but less than the entire defined period, the amount of waste for the remaining quarter is the total amount of the waste reported for the full three quarters divided by three; b. For a municipal sol id waste landfill that reported receiving waste for at least a full two quarters but less than three quarters, the amount of waste for the remaining two quarters is the same as the total amount of waste reported for the two full quarters; or c. For a munic ipal solid waste landfill that reported receiving waste for at least one full quarter but less than two quarters, the amount of waste for the remaining three quarters is the total of the amount of the waste reported for the full quarter multiplied by three

. C. For a municipal solid waste landfill that accepted waste for less than a full quarter, the annual landfill registration fe e is the minimum fee specified in A.R.S. § 49

- 747(C).

Historical Note New Section made by final rulemaking at 9 A.A.R. 1770, effe ctive July 14, 2003 (Supp. 03

- 2). R18

- 13

- 2103. Annual Landfill Registration: Due Date and Fees A. An operator of a new municipal solid waste landfill shall register the municipal solid waste landfill and pay the landfill registration fee as follows: 1. The operator shall pay the initial landfill registration fee within 30 days of the date that the Department approves the facility plan. The initial landfill registration fee is the minimum fee specified in A.R.S. § 49

- 747(C). 2. Registration is valid for one year, except if the landfill is initially registered during October, November, or December of a calendar year, the next landfill registration due date is December 31 of the following calendar year and each calendar year thereafter unless released from the annual landfill registration requirement as specified in subsection (C). 3. The annual registration fee remains the minimum fee rate under A.R.S. § 49

- 747(C) until the first annual registration period after the first full quarter of the defined time period

. B. After the first full quarter, the Department shall calculate the annual registration fee according to R18

- 13

- 2102, and specify the fee on the Department's annual landfill registration invoice for the municipal solid waste landfill. The Department shal l calculate and the municipal solid waste landfill shall pay the annual landfill registration fee until the first registration period after the municipal solid waste landfill stops accepting waste during a fiscal quarter of the defined time period. C. From the time a municipal solid waste landfill stops accepting waste as specified in subsection (B), until the owner or operator of the municipal solid waste landfill is released from its obligation to provide financial assurance for closure as required by A.R .S. §§ 49

- 761 or 49

- 770, the annual registration fee is the minimum fee specified in A.R.S. § 49

- 747(C).

Historical Note New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03

- 2). ARTICLE 22. RESERVED ARTICLE 23. RESERVED ARTICLE 24. RESERVED ARTICLE 25. RECYCLING R18

- 13

- 2501. Recycling Emblem Description and Usage A. The Department's official state recycling emblem wraps the three arrows of the universal recycling symbol around a saguaro cactus. A double oval frame surroun ds the emblem and bears the slogan, Arizona Cares

-- Reduce

-- Reuse

-- Recycle. B. The purpose of the emblem is to increase public awareness of recycling programs and the potential for reducing waste. Any organization or person that is interested in promo ting recycling may use the emblem without receiving approval from the Department. An organization or person can obtain either a printed copy or electronic version of the emblem from the Department by calling the Recycling and Data Management Unit at 1

- 800

- 234

- 5677, ext. 4133, or (602) 207

- 4133. C. The emblem may be used in any variety of sizes and colors including black and white. The preferred colors are a green cactus on a white background with a blue double oval frame and lettering. The emblem appears as follows:

## 111 Historical Note Section adopted by final rulemaking at 5 A.A.R. 4654, effective November 15, 1999 (Supp. 99

- 4).

## 112