reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 5 - MINIMUM DESIGN CRITERIA › Section R18-5-508 - Record Drawings

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				professional engineer registered in Arizona shall clearly and accurately record
				or mark, on a complete set of working project drawings, each deviation from the
				original plan and the dimensions of the deviation. The set of marked drawings
				becomes the record drawings, reflecting the project as actually
				built.
B. The professional engineer
				registered in Arizona shall sign, date, and place the engineer's seal on each
				sheet of the record drawings and submit them to the Department upon completion
				of the project. The record drawings shall be accompanied by an Engineer's
				Certificate of Completion, signed by the professional engineer registered in
				Arizona, and submitted on a form approved by the Department for any project
				inspected under
				R18-5-507(B).
C. Quality control testing results and
				calculations, including pressure and microbiological testing, and disinfectant
				residual records, shall be submitted with the Engineer's Certificate of
				Completion together with field notes and the name of the individual witnessing
				the tests.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 5 - MINIMUM DESIGN CRITERIA › Section R18-5-509 - Modification to Existing Treatment Process

Current through Register Vol. 30, No. 28, July 12, 2024
Before a public water system may make a modification to its
				  existing treatment process, the public water system shall submit and obtain the
				  Department's approval for a detailed plan that explains the proposed
				  modifications and the safeguards that the public water system will implement to
				  ensure that the quality of the water served by the system will not be adversely
				  affected by the modification. The public water system shall comply with the
				  provisions in the approved plans.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 1 - NUMERIC VALUES AND INFORMATION SUBMITTAL › Section R18-6-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions established in A.R.S. §
									49-301,
				  the following terms apply to this Chapter:
1. "Agricultural use pesticide" means any pesticide intended
				  for use directly on a crop. An agricultural use pesticide does not include
				  animal pesticide eartags or pesticides intended solely for use within and
				  around a confined structure.
2. "Crop" means any plant, animal, plant product, or animal
				  product produced for commercial or research purposes.
3. "Data generator" means any person providing information to
				  support the registration in this state of an agricultural use pesticide in
				  accordance with A.R.S. §
									49-302(A).
4. "EPA" means the United States Environmental Protection
				  Agency.
5. "Formulator" means any person who purchases an EPA-
				  registered pesticide to reformulate or repackage and register the pesticide for
				  sale in this state.
6. "Label" means the written, printed, or graphic matter on,
				  or attached to, the pesticide container, and the outside container or wrapper
				  of the retail package, if any, of the pesticide.
7. "Pest" means any weed, insect, vertebrate pest, nematode,
				  fungus, virus, bacteria, or other pathogenic organism, or any other form of
				  terrestrial or aquatic plant or animal life, except virus, bacteria, or other
				  microorganism on or in living humans or other living animals, that is declared
				  a pest by the Director of the Arizona Department of Agriculture.
8. "Soil-applied" means an agricultural use pesticide
				  intended for application to or injection into the soil by ground-based
				  application equipment or chemigation, or the label of the pesticide requires or
				  recommends that the application is followed within 72 hours by flood or furrow
				  irrigation.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 1 - NUMERIC VALUES AND INFORMATION SUBMITTAL › Section R18-6-102 - Agricultural Use Pesticide Submittal Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Pre-registration data requirements for new
				agricultural use pesticides.
1. Before
				registering a new agricultural use pesticide under A.R.S. §
										3-351,
				an applicant shall submit information that enables the Department to determine
				whether the new agricultural use pesticide has the potential to pollute
				groundwater in the state. This information shall include:
a. A transmittal letter;
b. The following information on a Data
				Summary form obtained from the Department:
i.
				The company name and address;
ii.
				The name and contact information of the person making the submittal;
iii. The date of filing;
iv. The product information, including the
				brand name, EPA registration number, formulation category, and intended use;
				and
v. The active ingredient
				technical name, Chemical Abstract Service (CAS) number, common name, molecular
				weight, and bulk density; and
c. The following information for each active
				ingredient:
i. Water solubility;
ii. Vapor pressure;
iii. Octanol-water partition
				coefficient;
iv. Soil adsorption
				coefficient;
v. Henry's law
				constant;
vi. Dissipation studies,
				including hydrolysis, photolysis, aerobic and anaerobic soil metabolism, and
				field dissipation, performed under conditions in Arizona, or similar
				environmental and use conditions, if that information exists in studies and
				conclusions from other states or the United States government. The studies
				shall, at a minimum, meet EPA testing methods and reporting
				guidelines.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 1 - NUMERIC VALUES AND INFORMATION SUBMITTAL › Section R18-6-103 - Agricultural Use Active Ingredient Evaluation

Current through Register Vol. 30, No. 28, July 12, 2024
For each new or existing agricultural use pesticide
				  registered in Arizona, the Director shall determine whether each active
				  ingredient has the potential to pollute groundwater in the state. The Director
				  shall either:
1. Base the evaluation
				on the information submitted in accordance with
				R18-6-102(A)
				to determine whether the active ingredient fails any of the following mobility
				factors and one or more of the following persistence factors; or
SPECIFIC NUMERIC VALUES
MOBILITY FACTORS PERSISTENCE FACTORS
Water solubility No greater than 30 ppm
Soil adsorption
coefficient Kd no less than 5
Hydrolysis Half-life no greater than 25 weeks
Aerobic soil
metabolism Half-life no greater than 3 weeks
Anaerobic soil
metabolism Half-life no greater than 3 weeks
Field dissipation Half-life no greater than 3 weeks
2. Base the evaluation on the product
				chemistry and environmental fate assessment submitted in accordance with
				R18-6-102(C).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 1 - NUMERIC VALUES AND INFORMATION SUBMITTAL › Section R18-6-104 - Monitoring and Testing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director shall conduct soil and groundwater monitoring for active ingredients
				contained in agricultural use pesticides placed upon the Groundwater Protection
				List as required under A.R.S. §
									49-307(A).
				The Department may conduct soil and groundwater monitoring for other specified
				ingredients or degradation products based on active ingredient test results or
				other information about the pesticide.
B. The Director shall use the results of soil
				and groundwater monitoring and testing after considering the factors in A.R.S.
				§§
									49-307(C)
				 to make the determination in
				49-308(A)
				and 49-309(A), (B), or (D).
C. If
				the Director determines that an agricultural use pesticide meets the criteria
				or conditions specified in A.R.S. § 49-308(A), the Director shall notify
				the registrant in writing.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 1 - NUMERIC VALUES AND INFORMATION SUBMITTAL › Section R18-6-106 - Informational Requirements for a Pesticide Formulator

Current through Register Vol. 30, No. 28, July 12, 2024
A. A pesticide formulator may rely upon the
				data generated by another person to meet the requirements in
				R18-6-102.
B. The pesticide
				formulator shall submit to the Department the name of every third-party person
				who is a source of each agricultural use pesticide active ingredient, including
				evidence of the formulator's business relationship with each third party by way
				of:
1. A signed contract, or
2. Any other documentation of a business
				arrangement, endorsed by each party.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 3 - GROUNDWATER PROTECTION LIST › Section R18-6-301 - Groundwater Protection List

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Groundwater Protection List. The Director shall, using an evaluation process
				specified in
				R18-6-103 and the addition and
				deletion criteria specified in subsections (B) and (C), annually develop and
				maintain a list of agricultural use pesticides that have the potential to
				pollute groundwater.
1. The Department shall
				publish the proposed Groundwater Protection List in the Arizona Administrative
				Register and accept written comments from the public.
2. The written public comment period begins
				on the publication date of the list and extends for 30 calendar days.
3. The Department shall publish the final
				Groundwater Protection List each year in the Arizona Administrative Register on
				or before July 1. The list is effective on December 1 of the publication
				year.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 3 - GROUNDWATER PROTECTION LIST › Section R18-6-302 - Findings and Determinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the Director discovers or becomes aware of the illegal sale or use of any
				agricultural use pesticide on the Groundwater Protection List, the Director
				shall report the sale or use to the appropriate regulatory agency and to the
				Office of the Attorney General.
B.
				If the Director finds that an active ingredient, degradation product, or other
				specified ingredient of an agricultural use pesticide has been detected under
				the conditions specified in
				R18-6-104,
				the Director shall refer these findings to the state or federal agency
				responsible for further investigation and enforcement.
C. If the Director discovers a site that
				demonstrates pesticide contamination, the Director shall determine whether
				remedial action is required under A.R.S. Title 49, Chapter 2, Article
				5.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 6 - DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL › Article 3 - GROUNDWATER PROTECTION LIST › Section R18-6-303 - Requirements for an Agricultural Use Pesticide on the Groundwater Protection List

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person who
				causes another person to soil-apply an agricultural use pesticide on the
				Groundwater Protection List shall implement Best Management Practices to reduce
				or prevent the pollution of groundwater. In implementing the Best Management
				Practices, the person shall consider the following factors:
1. Application site characteristics,
				including soil texture, slope, organic matter, and depth to groundwater to
				determine site susceptibility. The person shall consider:
a. Selecting a pesticide based on the
				intended application site characteristics;
b. Minimizing or avoiding the use of any
				pesticide with high leaching or high runoff potential;
c. Incorporating erosion control practices to
				minimize runoff; and
d. Using an
				alternative pest control method, if practical.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 1 - EXPIRED › Section R18-7-108

Current through Register Vol. 30, No. 28, July 12, 2024
Emergency amendment
				  R18-7-109,
				  removed in Supp. 97-3, was reinstated at the request of the Department. Refer
				  to Supp. 97-1 for emergency rule. This Section was subsequently amended under
				  the regular rulemaking process effective (Supp. 97-4). This Section was
				  repealed by summary action (Supp. 98-4).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 1 - EXPIRED › Section R18-7-110 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
Emergency adopted
				  Article 2 removed in Supp. 97-3, was reinstated at the request of the
				  Department. Refer to Supp. 97-1 for emergency Sections. New Sections were
				  subsequently adopted under the regular rulemaking process (Supp. 97-4).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-202 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Article
				applies to a person legally required to conduct soil remediation by any of the
				following regulatory programs administered by the Department:
1. The Aquifer Protection Permit
				Program.
2. The Hazardous Waste
				Management Program.
3. The Solid
				Waste Management Program.
4. The
				Special Waste Management Program.
5. The Underground Storage Tank
				Program.
6. The Water Quality
				Assurance Revolving Fund.
7. Any
				other program under A.R.S. Title 49 that regulates soil remediation.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-203 - Remediation Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				subject to this Article shall remediate soil so that any concentration of
				contaminants remaining in the soil after remediation is less than or equal to
				one of the following:
1. The background
				remediation standards prescribed in
				R18-7-204.
2. The pre-determined remediation standards
				prescribed in
				R18-7-205.
3. The site-specific remediation standards
				prescribed in
				R18-7-206.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-204 - Background Remediation Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may elect to remediate to a
				background concentration for a contaminant.
B. A person who conducts a remediation to a
				background concentration for a contaminant shall establish the background
				concentration using all of the following factors:
1. Site-specific historical information
				concerning land use.
2.
				Site-specific sampling of soils unaffected by a release, but having
				characteristics similar to those of the soils affected by the
				release.
3. Statistical analysis of
				background concentrations using the 95th percentile upper confidence
				limit.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-205 - Pre-determined Remediation Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may elect to remediate to the
				residential or non-residential soil remediation levels (SRLs) in Appendix A. If
				allowed under
				R18-7-202(E),
				a person may also elect to remediate to the residential or non-residential SRLs
				in Appendix B.
B. A person who
				conducts remediation pursuant to this Article shall remediate to the
				residential SRL on any property where there is residential use at the time
				remediation is completed.
C. A
				pre-determined contaminant standard established by federal law or regulation
				may be used for polychlorinated biphenyl cleanups regulated pursuant to the
				Toxic Substances Control Act (TSCA) at
				40 CFR
				761.120 et seq., however, the Department has
				no regulatory authority to issue a Letter of Completion in TSCA-regulated
				cleanups.
D. A person who elects to
				utilize a residential or non-residential SRL for the following known human
				carcinogens shall remediate to a 1 x 10-6 excess lifetime cancer risk: benzene,
				benzidine, bis (chloromethyl) ether, chromium VI, diethylstilbestrol, direct
				black 38, direct blue 6, direct brown 95, nickel subsulfide, and vinyl
				chloride.
E. Except as provided
				below, a person who elects to remediate to a residential SRL may utilize a 1 x
				10-5 excess lifetime cancer risk for any carcinogen other than a known human
				carcinogen. If the current or currently intended future use of the contaminated
				site is a child care facility or school where children below the age of 18 are
				reasonably expected to be in frequent, repeated contact with the soil, the
				person conducting remediation shall remediate to a 1 x 10-6 excess lifetime
				cancer risk.
F. For contaminants
				that exhibit both carcinogenic and non-carcinogenic effects, the numeric
				standard that is lower (more protective) shall apply.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-206 - Site-specific Remediation Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may elect to remediate to a
				residential or a non-residential site-specific remediation level derived from a
				site-specific human health risk assessment.
B. A person who conducts a remediation to a
				residential or a non-residential site-specific remediation level shall use one
				of the following site-specific human health risk assessment methodologies:
1. A deterministic methodology. If a
				deterministic methodology is used, reasonable maximum exposures shall be
				evaluated for future use scenarios.
2. A probabilistic methodology. If a
				probabilistic methodology is used, it shall be no less protective than the 95th
				percentile upper bound estimate of the distribution.
3. An alternative methodology commonly
				accepted in the scientific community. An alternative methodology is considered
				accepted in the scientific community if it is published in peer-reviewed
				literature, such as a professional journal or publication of standards of
				general circulation, and there is general consensus within the scientific
				community that the methodology is sound.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-207 - Site-specific Remediation Standards for Nitrates and Nitrites

Current through Register Vol. 30, No. 28, July 12, 2024
A person who conducts remediation of nitrates or nitrites
				  shall remediate to a site-specific remediation level pursuant to
				  R18-7-203(B)(1),
				  (2), and (3).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-208 - Declaration of Environmental Use Restriction (deur)

Current through Register Vol. 30, No. 28, July 12, 2024
A property owner who elects to leave contamination on a
				  property that exceeds the applicable residential standard for the property
				  under
				  R18-7-205
				  or
				  R18-7-206,
				  or elects to use an institutional control or an engineering control to meet the
				  requirements of
				  R18-7-205,
				  R18-7-206,
				  or
				  R18-7-207,
				  shall record a DEUR pursuant to A.R.S. §
									49-152
				  and comply with the related provisions of that statute and applicable
				  rules.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-209 - Letter of Completion or Alternative Closure Document

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a person requests a Letter of
				Completion or an alternative closure document, a person shall submit, at a
				minimum, the following information to the applicable Departmental program
				listed in
				R18-7-202(A)
				or described in
				R18-7-202(B):
1. A description of the actual activities,
				techniques, and technologies used to remediate soil at the site, including the
				legal mechanism in place to ensure that any institutional and engineering
				controls are maintained.
2.
				Documentation that requirements prescribed in
				R18-7-203(A)
				and
				R18-7-203(B)(1)
				and (2) have been satisfied.
3. If the Department determines pursuant to
				R18-7-203(B)(3)
				that an ecological risk assessment is required, documentation that the
				requirements prescribed in R18-7-203(B)(3) have been satisfied.
4. Soil sampling analytical results that are
				representative of the area remediated, including documentation that the
				laboratory analysis of samples has been performed by a laboratory licensed by
				the Arizona Department of Health Services under A.R.S. §
										36-495 et
				seq. and 9 A.A.C. 14, Article 6.
5.
				A statement signed by the person conducting the remediation certifying the
				following: I certify under penalty of law that this document and all
				attachments are, to the best of my knowledge and belief, true, accurate, and
				complete. I am aware that there are significant penalties for submitting false
				information, including the possibility of a fine and imprisonment for knowing
				violations.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 2 - SOIL REMEDIATION STANDARDS › Section R18-7-210 - Notice of Remediation and Repository

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person conducting soil remediation shall
				submit a Notice of Remediation to the applicable Departmental program listed in
				R18-7-202(A) or R18-7-202(B) before beginning remediation. A person conducting
				a soil remediation to address an immediate and substantial endangerment to
				public health or the environment and who has notified the Department in
				accordance with notification requirements prescribed in A.R.S. §
									49-284
				is not required to submit a Notice of Remediation before beginning remediation.
				Any person who continues soil remediation after the immediate and substantial
				endangerment has been abated shall submit a Notice of Remediation. A Notice of
				Remediation shall include all of the following information:
1. The name and address of the real property
				owner;
2. The name and address of
				the remediating party;
3. A legal
				description and street address of the property;
4. A list of each contaminant to be
				remediated;
5. The background
				concentration, SRL, or site-specific remediation level selected to meet the
				remediation standards;
6. A
				description of the current and post-remediation property use as either
				residential or non-residential;
7.
				The rationale for the selection of residential or non-residential remediation;
				and
8. The proposed technologies
				for remediating the site.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 3 - PROSPECTIVE PURCHASER AGREEMENT › Section R18-7-301 - Prospective Purchaser Agreement Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant for a prospective purchaser
				agreement with the Department under A.R.S. §
									49-285.01
				shall pay to the Department the fee prescribed in this Article. The Department
				shall not refund a fee once it accepts an application.
B. An applicant for a prospective purchaser
				agreement shall pay a fee for each prospective purchaser agreement application
				submitted to the Department for review. The fee includes:
1. An initial charge as prescribed in
				subsection (C);
2. An hourly
				charge, if the conditions of subsection (D)(1) apply;
3. The publication costs for the legal notice
				as prescribed in subsection (F); and
4. A charge, as prescribed in subsection
				(D)(2), if an applicant requests a settlement.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 4 - REPEALED › Section R18-7-401

Current through Register Vol. 30, No. 28, July 12, 2024
The rules in the
				  following Article were adopted as interim rules under an exemption from the
				  Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to
				  Laws 2000, Ch. 225, § 13. Although exempt from certain provisions of the
				  rulemaking process, the Department is required to submit notice of proposed
				  rulemaking with the Secretary of State for publication in the Arizona
				  Administrative Register and conduct a public hearing (Supp. 01-1).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 5 - VOLUNTARY REMEDIATION PROGRAM › Section R18-7-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions shall apply in this Article, unless
				  the context otherwise requires:
"Applicant" means a person who participates in the Voluntary
				  Remediation Program. Participation in the Voluntary Remediation Program begins
				  when the Department receives an application under A.R.S. §
									49-173
				  and continues until any one of the following occurs:
The Department grants the applicant's request for a no
				  further action determination.
The applicant provides the Department with notice of the
				  applicant's intent to withdraw from the program.
The Department terminates the applicant's participation under
				  A.R.S. §
									49-178(B).
"Department" means the Arizona Department of Environmental
				  Quality.
"Voluntary Remediation Program" means the program authorized
				  under A.R.S. Title 49, Chapter 1, Article 5.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 5 - VOLUNTARY REMEDIATION PROGRAM › Section R18-7-502 - Application Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A. At the time of
				filing an application to participate in the Voluntary Remediation Program, the
				applicant shall pay a nonrefundable application fee in the amount of
				$2,000.00.
B. The application fee
				shall be in the form of a company check, cashier's check, certified check, or
				money order made payable to the Arizona Department of Environmental
				Quality.
C. Except as provided in
				subsection (D), an application does not meet the requirements in A.R.S. §
									49-173
				unless accompanied by the application fee. The Department shall not review an
				application until the application fee is paid in full.
D. At the request of an applicant that is a
				small business as defined under A.R.S. §
									41-1001,
				the Department may review and approve an application upon receipt of a partial
				payment of the application fee in an amount approved by the Department and an
				agreement to pay the remainder of the fee in scheduled installments.
E. An applicant that withdraws or is
				terminated from participation in the Voluntary Remediation Program may reapply
				to the program by submitting an application that meets the requirements of
				A.R.S. §
									49-173,
				including payment of the application fee.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 5 - VOLUNTARY REMEDIATION PROGRAM › Section R18-7-503 - Deposit

Current through Register Vol. 30, No. 28, July 12, 2024
A. At the time that
				an applicant submits a work plan under A.R.S. §
									49-175 or a
				report under A.R.S. §
									49-181,
				the applicant shall submit to the Department an initial deposit of
				$4,000.00.
B. The deposit shall be
				in the form of a company check, cashier's check, certified check, or money
				order made payable to the Arizona Department of Environmental
				Quality.
C. The Department shall
				begin review of the applicant's work plan or the report submitted under A.R.S.
				§
									49-181
				upon receipt of the initial deposit.
D. Upon receipt of the initial deposit, the
				Department shall establish a site-specific deposit account identified by a
				unique account number. The Department shall charge all incurred reimbursable
				costs attributable to the applicant's site against the site-specific deposit
				account.
E. If, at any time during
				the applicant's participation in the program, the balance in the site-specific
				deposit account falls below $1,000.00 and the Department reasonably estimates
				that the reimbursable costs chargeable to the account will exceed the amount
				available in the account, the Department shall mail or fax a written request
				that the applicant submit an additional deposit in an amount not to exceed
				$4,000.00. The Department may request any number of additional deposits, in
				amounts of $4,000.00 or less, at any time that the conditions of this
				subsection are met.
F. If any
				requested additional deposit is not received within 30 days after the
				Department mails or faxes the request in subsection (E) and the Department
				determines that the applicant's site specific account balance is insufficient
				to support continued program participation, the Department shall mail a written
				notice of deficiency under A.R.S. §
									49-178
				and shall notify the applicant that work on the site may be suspended until the
				additional deposit is received. If the Department does not receive the
				requested additional deposit within 60 days after the notice of deficiency is
				mailed or faxed and the applicant does not dispute the Department's
				determination that the site specific account balance is insufficient to support
				continued program participation, the Department may terminate the applicant's
				participation in the program. An applicant whose participation is terminated
				under this subsection may reapply to the program as provided in
				R18-7-502(E).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 5 - VOLUNTARY REMEDIATION PROGRAM › Section R18-7-504 - Voluntary Remediation Program Reimbursement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The applicant shall reimburse the
				Department, at an hourly reimbursement rate established under
				R18-7-505,
				for time spent by Voluntary Remediation Program staff on activities
				specifically related to the applicant's site, including the following:
1. Review of the application submitted under
				A.R.S. §
										49-173,
				including review of any modifications requested by the Department or the
				applicant or additional information submitted by the applicant.
2. Review of the work plan submitted under
				A.R.S. §
										49-175,
				including review of any modifications requested by the Department under A.R.S.
				§
										49-177
				or by the applicant or the Department under A.R.S. §
										49-180.
3. Review of progress reports submitted as
				part of a work plan under A.R.S. §
										49-175 or
				as requested by the Department under A.R.S. §
										49-177
				or A.R.S. §
										49-180.
4. Consideration by the Department under
				A.R.S. §
										49-176(D)
				 of written comments submitted in response to
				a public notice providing an opportunity to comment or a public
				meeting.
5. Participation in public
				hearings required by the Department under A.R.S. §
										49-176(D).
6. Site inspections under A.R.S. §
										49-177
				and site investigations under A.R.S. §
										49-181,
				including time spent in travel to and from the site.
7. Review of the report and request for a no
				further action determination submitted under A.R.S. §
										49-181,
				including review of any modifications requested by the applicant or the
				Department.
8. Time spent in
				reviewing a request submitted by an applicant under A.R.S. §
										49-182
				for approval of a remedial action under A.R.S. §
										49-285.
9. Time spent in meetings or discussions
				requested by the applicant or the Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 5 - VOLUNTARY REMEDIATION PROGRAM › Section R18-7-505 - Hourly Reimbursement Rate

Current through Register Vol. 30, No. 28, July 12, 2024
The hourly reimbursement rate is $110.00 per
				  hour.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 5 - VOLUNTARY REMEDIATION PROGRAM › Section R18-7-506 - Voluntary Remediation Program Accounting

Current through Register Vol. 30, No. 28, July 12, 2024
Within a reasonable time after the end of each calender
				  quarter, the Department shall mail or fax each applicant a statement itemizing
				  reimbursable costs charged against the site-specific deposit account and a
				  summary of account activity during that quarter. The statement shall be in a
				  form consistent with generally accepted accounting
				  principles.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 5 - VOLUNTARY REMEDIATION PROGRAM › Section R18-7-507 - Account Reconciliation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Within a reasonable time after completion of the remediation work at the site,
				or after termination or withdrawal of the applicant from participation in the
				program, the Department shall prepare and mail or fax to the applicant a final
				statement which shall include:
1. An
				itemization of site-specific reimbursable costs incurred by the Department but
				not previously reported in a quarterly statement.
2. The total amount of site-specific
				reimbursable costs incurred by the Department during the course of the project,
				including the costs reported in subsection (A)(1).
3. The total amount submitted as deposits by
				the applicant and applied by the Department to the applicant's site-specific
				deposit account during the course of the project, plus the amount paid by the
				applicant as an application fee.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 6 - DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE › Section R18-7-601 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions shall apply in this Article, unless
				  the context otherwise requires:
"APP mine sites" means mining facilities which are subject to
				  the aquifer protection permit provisions of Arizona Revised Statutes Title 49,
				  Chapter 2, Article 3.
"Department" means the Arizona Department of Environmental
				  Quality.
"DEUR" means declaration of environmental use restriction, as
				  described in A.R.S. §§
									49-152
				  and
				  49-158.
				  It is an institutional control and a restrictive covenant that runs with and
				  burdens the property, binds the owner and the owner's heirs, successors and
				  assigns, and inures to the benefit of the Department and the state.
"Fee" means the fee authorized by A.R.S. §§
									49-152(K)
				   and
				  49-158(G).
"Engineering control" has the meaning in A.R.S. §
									49-151.
"Institutional control" has the meaning in A.R.S. §
									49-151.
"Modification" means modification of a DEUR that continues to
				  address the same spill or release, and the same contaminants, as in the
				  original DEUR. No other changes are considered a modification of a DEUR, but
				  would be the subject of a separate DEUR.
"One-time activities" includes reviewing and/or approving
				  legal descriptions, control areas, contaminants, institutional or engineering
				  controls, and draft DEUR documents.
"Ongoing activities" includes reviewing written reports,
				  conducting site inspections, or otherwise verifying maintenance of
				  institutional or engineering controls.
"Underground storage tanks" means those underground storage
				  tanks defined and regulated under A.R.S. Title 49, Chapter 6, Article 1.
"WQARF sites" means sites that are listed on the site
				  registry specified in A.R.S. §
									49-287.01
				  and are the subject of remedial action pursuant to A.R.S. Title 49, Chapter 2,
				  Article 5. A property that is within a registry site boundary, but does not
				  involve a contaminant of concern identified for that registry site and is not
				  the subject of remedial action pursuant to the above Chapter 2, is not a WQARF
				  site for the purpose of this Section.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 6 - DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE › Section R18-7-602 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
The provisions of this Article apply to properties where the
				  owner has elected to use an institutional control and/or an engineering control
				  to reduce the potential for exposure to contaminants on the property, or to
				  leave contamination on the property that exceeds the applicable residential
				  soil standard for the property. The owner of such property shall record, in
				  each county where the property is located, a restrictive covenant labeled
				  "declaration of environmental use restriction," that contains the information
				  required by A.R.S. §§
									49-152
				  or
				  49-158,
				  as approved by the Department. The owner shall submit the information on a form
				  provided by the Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 6 - DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE › Section R18-7-603 - Fee

Current through Register Vol. 30, No. 28, July 12, 2024
Except as provided in
				  R18-7-605,
				  before recording the DEUR or DEUR modification, property owners shall pay to
				  the Department a fee as provided in
				  R18-7-604 by
				  company, cashier, or certified check, or money order, or other method approved
				  by the Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 6 - DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE › Section R18-7-604 - Fee Calculation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Property
				owners who use only an institutional control shall pay to the Department a fee
				that is the sum of the following:
1. $825,
				representing Department costs to perform one-time activities;
2. An amount representing the costs of
				ongoing activities performed by the Department that is one of the following:
a. For properties contaminated only by a
				petroleum release from one or more underground storage tanks: $110 multiplied
				by the number of years the Department projects the property will require
				ongoing activities, not to exceed 30 years; or
b. For all other properties: $220 multiplied
				by the number of years the Department projects the property will require
				ongoing activities, not to exceed 30 years;
3. $770, representing Department costs to
				review and render a decision on a request to release a DEUR, and to record the
				release, pursuant to A.R.S. §§
										49-152(D)
				 or
				49-158(L);
4. $1,985 per site, representing the property
				owner's pro-rata share of Department costs to oversee and coordinate its
				DEUR-related activities; plus
5.
				$550 per site, representing the property owner's pro-rata share of Department
				costs to administer the repository under A.R.S. §
										49-152(E).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 6 - DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE › Section R18-7-605 - Postponement of the Release Portion of the Deur Fee

Current through Register Vol. 30, No. 28, July 12, 2024
Property owners may elect to postpone payment of the portion
				  of the fee to release the DEUR, described in
				  R18-7-604(A)(3),
				  R18-7-604(B)(3),
				  or
				  R18-7-604(C)(3),
				  on the condition that payment of the reasonable and necessary costs of
				  releasing the DEUR is made with the request to the Department to release the
				  DEUR from the property. Property owners electing to use this option acknowledge
				  that the future amount of the release portion of the DEUR fee will be the
				  amount established by this Article at the time the request for the release of
				  the DEUR is filed with the Department, which may be greater than the amount
				  described in
				  R18-7-604(A)(3),
				  R18-7-604(B)(3),
				  or
				  R18-7-604(C)(3)
				  at the time the DEUR is recorded.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION › Article 6 - DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE › Section R18-7-606 - Deur Modification Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A property owner who wishes to request a modification to an
				  existing DEUR pursuant to A.R.S. §§
									49-152(I)(2),
				  49-152(J)(2),
				  49-158(E),
				  or
				  49-158(F)
				   shall pay to the Department a fee,
				  representing Department costs to review and render a decision on the request to
				  modify the DEUR. The fee shall accompany the proposed modification, and shall
				  be in the form of company, cashier, or certified check, or money order, or
				  other method approved by the Department. The fee shall be the amount specified
				  in
				  R18-7-604(A)(3),
				  R18-7-604(B)(3),
				  or
				  R18-7-604(C)(3),
				  as appropriate for the category of site as described in
				  R18-7-604(A),
				  R18-7-604(B),
				  or
				  R18-7-604(C).
The rules in the
				  following Article were adopted as interim rules under an exemption from the
				  Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to
				  Laws 2000, Ch. 225, § 13. Although exempt from certain provisions of the
				  rulemaking process, the Department is required to submit notice of proposed
				  rulemaking with the Secretary of State for publication in the Arizona
				  Administrative Register and conduct a public hearing (Supp. 01-1).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 8 - DEPARTMENT OF ENVIRONMENTAL QUALITY - HAZARDOUS WASTE MANAGEMENT › Article 1 - REMEDIAL ACTION REQUIREMENTS › Section R18-8-101 - Remedial Action Requirements; Level and Extent of Cleanup

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Article is
				applicable to Chapter 8 of this Title.
B. In any instance where soil remediation is
				done under this Chapter, it shall be conducted in accordance with 18 A.A.C. 7,
				Article 2.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 8 - DEPARTMENT OF ENVIRONMENTAL QUALITY - HAZARDOUS WASTE MANAGEMENT › Article 2 - HAZARDOUS WASTES › Section R18-8-260 - Hazardous Waste Management System: General

Current through Register Vol. 30, No. 28, July 12, 2024
A. All Federal regulations cited in this
				Article are those revised as of July 1, 2020 (and no future editions), unless
				otherwise noted, and are applicable only as incorporated by this Article.
				40 CFR
				124,
				260 through
				266,
				268,
				270 and
				273 or portions of these
				regulations, are incorporated by reference, as noted in the text. Federal
				statutes and regulations that are cited within
				40 CFR
				124,
				260 through
				270, and
				273 that are not incorporated by
				reference may be used as guidance in interpreting federal regulatory
				language.
B. Any reference or
				citation to 40 CFR
				124,
				260 through
				266,
				268,
				270, and
				273, or portions of these
				regulations, appearing in the body of this Article and regulations incorporated
				by reference, includes any modification to the CFR section made by this
				Article. When federal regulatory language that has been incorporated by
				reference has been amended, brackets [ ] enclose the new language. The
				subsection labeling in this Article may or may not conform to the Secretary of
				State's formatting requirements, because the formatting reflects the structure
				of the incorporated federal regulations.
C. All of
				40 CFR
				260, revised as of July 1, 2020 (and no
				future editions), is incorporated by reference, modified by the following
				subsections, and on file with the Department of Environmental Quality (DEQ)
				with the exception of the following:
1.
										40 CFR
				260.1(b)(4) through (6),
				260.20(a),
				260.21,
				260.22,
				260.30,
				260.31,
				260.32, and
				260.33; and
2. The revisions for standardized permits as
				published at 70 FR 53419
3. Copies
				of 40 CFR
				260 are available at
https://www.eCFR.gov
. Copies of the
				Federal Register (FR) are available at
https://www.federalregister.gov/
.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 8 - DEPARTMENT OF ENVIRONMENTAL QUALITY - HAZARDOUS WASTE MANAGEMENT › Article 2 - HAZARDOUS WASTES › Section R18-8-261 - Identification and Listing of Hazardous Waste

Current through Register Vol. 30, No. 28, July 12, 2024
A. All of 40 CFR 261 and accompanying
				appendices, revised as of July 1, 2020 (and no future editions), is
				incorporated by reference, modified by the following subsections, and on file
				with the DEQ with the exception of the following:
1. The revisions for standardized permits as
				published at 70 FR 53419; and
2.40
				CFR §§ 261. 149, 261. 400(a), 261. 400(b), 261. 410(e), 261. 410(f),
				261. 411, and 261. 420; Copies of 40 CFR 261 are available at
https://www.eCFR.gov
. Copies of the
				Federal Register (FR) are available at
https://www.federalregister.gov/
.