reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-817 - Offer Revisions and Best and Final Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Authority may request one or more
				written revisions to an Offer. The Authority shall include in the written
				request:
1. The date, time, and place for
				submission of Offer revisions; and
2. A statement that if Offerors do not submit
				a written notice of withdrawal or a written Offer revision, their immediate
				previous written Offer revision will be accepted as their final
				Offer.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-818 - Evaluation of Offers

Current through Register Vol. 30, No. 28, July 12, 2024
The Authority shall evaluate best and final Offers based on
				  the evaluation criteria contained in the Solicitation. The Authority shall not
				  modify evaluation criteria or their relative order of importance after Offer
				  due date and time.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-819 - Contract Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Authority shall Award the Contract to the responsible Offeror whose Offer is
				determined to be most advantageous to the Authority based on the evaluation
				factors set forth in the Solicitation. The Authority shall make a written
				determination explaining the basis for the Award and place the determination,
				including any evaluation report or other supporting documentation, in the
				Procurement File. This subsection shall not apply to any Solicitation cancelled
				by the Authority prior to an Award.
B. The Authority shall notify all Offerors of
				an Award.
C. After Contract Award,
				the Authority shall return any Offer security provided by the Offeror as part
				of the Offer submission.
D. Within
				30 days after Contract Award the Authority shall make the Procurement File,
				including all Offers, available for public inspection, redacting information
				that is confidential under R15-18-807. A copy of the non-redacted information,
				if pertinent to the functioning of the Contract, shall be retained for
				reference in the Contract file, but marked confidential and not made available
				for public review.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-820 - Mistakes Discovered After Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a mistake in the Offer is discovered
				after the Award, the Offeror may request correction or withdrawal in writing,
				and shall include all of the following in their written request:
1. Explanation of the mistake and any other
				relevant information;
2. A request
				for correction including the corrected Offer or a request for withdrawal;
				and
3. The reasons why correction
				or withdrawal is consistent with fair competition and in the best interest of
				the Authority.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-821 - Protest of Solicitations and Contract Awards

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any Interested Party may protest a
				Solicitation, a determination of not susceptible for Award, the Award of a
				Contract.
B. The Interested Party
				shall file the protest in writing with the Authority and shall include the
				following information:
1. The name, address,
				and telephone number of the Interested Party;
2. The signature of the Interested Party or
				the Interested Party's representative;
3. Identification of the Solicitation or
				Contract number;
4. A detailed
				statement of the legal and factual grounds of the protest including copies of
				relevant documents; and
5. The form
				of relief requested.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-822 - Stay of Procurements During the Protest

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a protest is filed before the
				Solicitation due date, before the Award of a Contract, or before performance of
				a Contract has begun, the Authority shall make a written determination to
				either:
1. Proceed with the Award or Contract
				performance, or
2. Stay all or part
				of the Procurement if there is a reasonable probability the protest will be
				upheld or that a stay is in the best interest of the Authority.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-823 - Protest Dismissal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director shall dismiss, upon written determination, a protest in whole or in
				part before scheduling a hearing if:
1. The
				protest does not state a valid basis for protest; or
2. The protest is untimely as prescribed
				under R18-15-821.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-824 - Resolution of Solicitation and Contract Award Protests

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director has the authority to resolve
				a protest. The Director shall issue a written recommended decision within 21
				days after a protest has been filed under R18-15-821. The recommended decision
				contain:
1. The protest;
2. The Offer submitted by the Interested
				Party;
3. The Offer of the firm
				that is being considered for Award;
4. The Solicitation, including the
				specifications or portions relevant to the appeal;
5. The abstract of Offers or relevant
				portions;
6. Any other documents
				that are relevant to the protest; and
7. The basis for the decision.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-825 - Remedies by the Authority

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the Authority sustains a protest in whole or part and determines that a
				Solicitation, a determination of not susceptible for Award, or Contract Award
				does not comply with the Procurement statutes and regulations, the Authority
				shall implement an appropriate remedy.
B. In determining an appropriate remedy, the
				Authority shall consider all the circumstances surrounding the Procurement or
				proposed Procurement including:
1. The
				seriousness of the Procurement deficiency;
2. The degree of prejudice to other
				interested parties or to the integrity of the Procurement system;
3. The good faith of the parties;
4. The extent of performance;
5. The costs to the Authority;
6. The urgency of the Procurement;
7. The impact on the agency's mission;
				and
8. Other relevant
				issues.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 8 - LONG-TERM WATER AUGMENTATION FUND PROCUREMENT › Section R18-15-826 - Provisions for Construction Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any Contract for Construction of a
				Water-Related Facility procured through the provisions of this Article, shall
				contain the following:
1. Requirement for
				performance and payment bonds or other security in a manner similar to those
				required under A.R.S. § 412574. The Authority may require performance and
				payment bonds or other security in amounts greater than those required under
				A.R.S. §
										41-2574.
2. Requirement for retention of payments by
				the Authority as insurance for the proper performance of the Contract in a
				manner similar to that required by A.R.S. §
										41-2576. The Authority may require
				retention in amounts greater than those required by A.R.S. §
										41-2576.
3. Requirement for progress payments made by
				the Authority to the Contractor in a manner similar to that required under
				A.R.S. §
										41-2577. The Authority may specify
				a progress payment schedule that differs from that required by A.R.S. §
										41-2577.
4. Provisions similar to those required under
				A.R.S. §
										41-2580. The Authority may specify
				additional requirements.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 9 - LONG-TERM WATER AUGMENTATION FUND › Section R18-15-901 - Long-Term Water Augmentation Fund Financial Assistance Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
To be eligible to receive financial assistance from the
				  Long-Term Water Augmentation Fund, the applicant shall demonstrate the
				  applicant is an eligible entity as defined by A.R.S. §
									49-1301(1), and
				  is requesting financial assistance for a purpose as defined in A.R.S. §
									49-1303(A)(6) or
				  (7).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 9 - LONG-TERM WATER AUGMENTATION FUND › Section R18-15-902 - Long-Term Water Augmentation Fund Request for Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Authority
				shall commence a funding cycle for financial assistance from the Long-Term
				Water Augmentation Fund by issuing a Request for Applications.
B. Adequate public notice of the request for
				applications shall be given at least thirty days before the due date for the
				submittal of applications.
C. A
				Request for Applications shall include at least the following information:
1. A description of the Water Supply
				Development Projects eligible to apply;
2. The total amount of available
				funds;
3. Whether a single award or
				multiple awards may be made;
4. Any
				additional information required by the applications;
5. The criteria or factors under which
				applications will be evaluated for award and the relative importance of each
				criteria or factor; and
6. The due
				date for submittal of applications and the anticipated time the awards may be
				made.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 9 - LONG-TERM WATER AUGMENTATION FUND › Section R18-15-903 - Long-Term Water Augmentation Fund Order and Priority

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Authority shall determine the Order
				and Priority of applications by applying the evaluative criteria listed in:
1. A.R.S. §
										49-1304(A);
				and
2. The Request for
				Applications.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 9 - LONG-TERM WATER AUGMENTATION FUND › Section R18-15-904 - Long-Term Water Augmentation Fund Application for Financial Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
The Authority shall not present an application for
				  consideration unless all of the following conditions are met:
1. The Application meets all requirements
				listed in the Request for Applications; and
2. The applicant has demonstrated legal
				capability, financial capability, technical capability, and managerial
				capability under
				R18-15-104.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 9 - LONG-TERM WATER AUGMENTATION FUND › Section R18-15-905 - Long-Term Water Augmentation Fund Application Review For Financial Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
A. After an
				opportunity for public comment, the Board shall consider the Long-Term Water
				Augmentation Committee's recommendations and make a determination regarding
				applications for financial assistance at a public meeting. The Board shall base
				this determination on the information provided in the application, analysis
				prepared by the Authority, recommendation of the Long-Term Water Augmentation
				Committee; and any other information provided at the public meeting. The
				Authority shall inform the applicant of the Board's determination, which may
				include recommended modifications to any of the following:
1. The scope of the proposed
				project;
2. The applicant's legal
				structure and organization;
3. The
				dedicated revenue source for repayment; or
4. The structure of the financial assistance
				request.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 9 - LONG-TERM WATER AUGMENTATION FUND › Section R18-15-906 - Long-Term Water Augmentation Fund Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
The duly authorized agent, principal or officer of the
				  applicant shall certify the applicant has not violated any federal, state, or
				  local law pertaining to fraud, bribery, graft, kickbacks, collusion, conflict
				  of interest, or other unlawful or corrupt practices relating to or in
				  connection with facilities planning, design, or construction work on a
				  project.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 10 - WATER CONSERVATION GRANT FUND › Section R18-15-1001 - Water Conservation Grant Fund Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A. To be eligible to receive financial
				assistance from the Water Conservation Grant Fund, the applicant shall
				demonstrate the applicant is an eligible entity as defined by A.R.S. §
									49-1301 or has partnered with an
				eligible entity as defined in A.R.S. §
									49-1301 pursuant to A.R.S. §
									49-1333(A), and
				is requesting a grant for a purpose as defined in A.R.S. §
									49-1332(B).
B. An applicant shall commit to a matching
				contribution toward the total program or project cost as specified in A.R.S.
				§
									49-1333(B)(4).
				The matching contribution may include cash contributions or in-kind
				contributions. The matching contribution may not include any monies provided by
				the Authority.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 10 - WATER CONSERVATION GRANT FUND › Section R18-15-1002 - Water Conservation Grant Fund Request for Grant Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Authority
				shall commence a funding cycle for financial assistance from the Water
				Conservation Grant Fund by issuing a Request for Grant Applications.
B. Adequate public notice of the Request for
				Grant Applications shall be given at least thirty days before the due date for
				the submittal of applications.
C. A
				Request for Grant Applications shall include at least the following
				information:
1. A description of the nature of
				the grant project, including the scope of the work to be performed by an
				awardee;
2. An identification of
				the funding source and the total amount of available funds;
3. Whether a single award or multiple awards
				may be made;
4. Encouragement of
				collaboration by entities for community partnerships, if appropriate;
5. Any additional information required by the
				applications;
6. The criteria or
				factors under which applications will be evaluated for award and the relative
				importance of each criteria or factor; and
7. The due date for submittal of
				applications.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 10 - WATER CONSERVATION GRANT FUND › Section R18-15-1003 - Water Conservation Grant Fund Order and Priority

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Authority shall determine the Order
				and Priority of applications by applying the evaluative criteria listed in:
1. A.R.S. §
										49-1334; and
2. The Request for Grant
				Applications.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 10 - WATER CONSERVATION GRANT FUND › Section R18-15-1004 - Water Conservation Grant Fund Application for Financial Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
The Authority shall not present an application for
				  consideration unless all the following conditions are met:
1. The application meets all requirements
				listed in the Request for Grant Applications; and
2. The applicant has demonstrated to the
				satisfaction of the Authority, an ability to timely perform the program or
				project.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 10 - WATER CONSERVATION GRANT FUND › Section R18-15-1005 - Water Conservation Grant Fund Awards

Current through Register Vol. 30, No. 28, July 12, 2024
A. After an opportunity for public comment,
				the Board shall consider the Water Conservation Grant Committee's
				recommendations and shall determine grant awards during a public
				meeting.
B. The Board may make
				modifications to recommendations from the Water Conservation Grant Committee
				including:
1. Adjustment of an application's
				budget by an amount or percentage;
2. Adjustment of the order and priority of an
				individual application or a collective group of applications; or
3. Any other modifications deemed necessary
				by the Board.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 15 - WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA › Article 10 - WATER CONSERVATION GRANT FUND › Section R18-15-1006 - Water Conservation Grant Fund Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
The duly authorized agent, principal or officer of the
				  applicant shall certify the applicant has not violated any federal, state, or
				  local law pertaining to fraud, bribery, graft, kickbacks, collusion, conflict
				  of interest, or other unlawful or corrupt practices relating to or in
				  connection with the submission of a grant application to the Water Conservation
				  Grant Fund.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 2 - PRELIMINARY INVESTIGATIONS AND SITE SCORING › Section R18-16-201 - Preliminary Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Based on information of a possible release or threatened release of a hazardous
				substance, the Department may conduct a preliminary investigation to obtain
				additional information necessary to determine the potential risk to public
				health, welfare, and the environment in order to score the site and include it
				on the registry established under A.R.S. §
									49-287.01(D).
B. Before conducting a preliminary
				investigation, the Department shall consider whether the possible release or
				threatened release of a hazardous substance:
1. Is being addressed by or should be
				referred to another applicable program administered by the Department or
				another federal, state or local governmental agency with jurisdiction over the
				matter; or
2. Is being adequately
				addressed through voluntary action.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 2 - PRELIMINARY INVESTIGATIONS AND SITE SCORING › Section R18-16-202 - Site Scoring

Current through Register Vol. 30, No. 28, July 12, 2024
In order to score a site or portion of a site, the Department
				  shall use the eligibility and evaluation site scoring model established by the
				  Department on October 3, 1996, which is incorporated by reference. This
				  incorporation by reference does not include any later amendments or editions. A
				  copy of the incorporated material is available for inspection and reproduction
				  at the Arizona Department of Environmental Quality, 1110 W. Washington St,
				  Phoenix, AZ 85007.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 3 - PUBLIC INFORMATION › Section R18-16-301 - Public Notification and Opportunities for Public Comment

Current through Register Vol. 30, No. 28, July 12, 2024
A. If notification
				by publication in a newspaper is required by A.R.S. Title 49, Chapter 2,
				Article 5 or by any community involvement plan created under A.R.S. §
									49-287.03
				and A.R.S. Title 49, Chapter 2, Article 5 does not specify the frequency of the
				notification, the Department or person publishing notice shall publish notice
				according to the following minimum requirements:
1. One day in a daily newspaper of general
				circulation in the county where the site is located; or
2. If other than a daily newspaper, two days
				in a newspaper of general circulation in the county where the site is
				located.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 3 - PUBLIC INFORMATION › Section R18-16-302 - Location of Information Repositories

Current through Register Vol. 30, No. 28, July 12, 2024
Public information repositories required or authorized under
				  A.R.S. Title 49, Chapter 2, Article 5 shall be located in at least one of the
				  following areas:
1. An office of the
				Department.
2. A public or
				semi-public facility to which the public has reasonable access that is
				substantially equivalent to the access to the public information repository
				that is provided by the Department.
3. A private facility to which the public has
				reasonable access that is substantially equivalent to the access to the public
				information repository that is provided by the Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-402 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Article
				applies to sites on the site registry and as otherwise made applicable by
				law.
B. This Article applies only
				to remedial actions as defined in A.R.S. §
									49-281.
				Nothing in this Article is intended to require a remedial action, including a
				remedy or early response action, to provide for or cover any costs that a
				property owner, a well owner, or water provider would incur if the release of
				hazardous substances that is the subject of the remedial action had not
				affected the property or water supply of the property owner, well owner or
				water provider. A property owner, well owner or water provider shall not be
				required to provide reimbursement for coincidental benefits resulting from a
				remedial action otherwise necessary and appropriate to address a release or
				threatened release of a hazardous substance. Nothing in this Article shall be
				interpreted to require remedial action to address a land use that is impaired
				by properties of materials located on or under that land other than the current
				or potential exposure to hazardous substances contained in that
				material.
C. For purposes of this
				Section, "transition site" means a site that is on the site registry where some
				remedial action has occurred prior to the effective date of this
				Article.
D. Any person who has
				performed any remedial action prior to the effective date of this Article at a
				transition site may submit a written request for the Department's approval of
				the remedial action under
				R18-16-413
				if the remedial action has not been approved by the Department prior to the
				effective date of this Article. The request shall include a description of the
				remedial action, a demonstration that the work is reasonable and necessary and
				meets the applicable purposes of this Article, and copies of all documentation
				of the remedial action for which approval is requested. The Department shall
				approve:
1. Remedial investigation work
				performed prior to the effective date of this Article if the work meets the
				applicable purposes stated in
				R18-16-406(A),
2. Feasibility study work performed prior to
				the effective date of this Article if the work meets the purposes stated in
				R18-16-407(A), and
3. Early
				response action work performed prior to the effective date of this Article if
				the work meets the purposes stated in
				R18-16-405(A).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-403 - Scope of Work, Fact Sheet, Outline of the Community Involvement Plan, and Notification of Availability

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Unless the Department determines that the necessary remedy at a site can be
				completed within 180 calendar days, the Department shall prepare a scope of
				work for the remedial investigation and feasibility study, a fact sheet, and an
				outline of a community involvement plan for the site before the Department
				conducts a remedial investigation and feasibility study under A.R.S. §
									49-287.03.
B. The scope of work for a remedial
				investigation shall generally describe the extent of the remedial investigation
				based upon site-specific conditions and information obtained from the
				preliminary investigation. The scope of work for a remedial investigation shall
				provide for the preparation of the following, as applicable:
1. Characterization of soil and vadose zone
				contamination, including identification of sources;
2. Characterization of groundwater
				contamination, including identification of sources;
3. Characterization of surface water
				contamination, including identification of sources;
4. Identification of actual and potential
				human and ecological receptors;
5.
				Identification of current and reasonably foreseeable uses of waters of the
				state that have been or are threatened to be impaired;
6. Identification of current and reasonably
				foreseeable land uses that have been or are threatened to be
				impaired;
7. Assessment of current
				risk to public health;
8.
				Assessment of ecological risk;
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-405 - Early Response Actions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department or any person may perform an early response action if the action
				is initiated prior to selection of a remedy at a site under
				R18-16-410 and
				is necessary to:
1. Address current risk to
				public health, welfare, and the environment;
2. Protect or provide a supply of
				water;
3. Address sources of
				contamination; or
4. Control or
				contain contamination where such actions are expected to reduce the scope or
				cost of the remedy needed at the site.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-406 - Remedial Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				remedial investigation for a site or portion of a site shall:
1. Establish the nature and extent of the
				contamination and the sources thereof,
2. Identify current and potential impacts to
				public health, welfare, and the environment,
3. Identify current and reasonably
				foreseeable uses of land and waters of the state, and
4. Obtain and evaluate any other information
				necessary for identification and comparison of alternative remedial
				actions.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-407 - Feasibility Study

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				feasibility study is a process to identify a reference remedy and alternative
				remedies that appear to be capable of achieving remedial objectives and to
				evaluate them based on the comparison criteria to select a remedy that complies
				with A.R.S. §
									49-282.06.
B. The Department or any person may perform
				all or any portion of a feasibility study, except that once the Department has
				issued a notice under A.R.S. §
									49-287.03
				for a site, a person may perform such work only under a written agreement with
				the Department. The feasibility study process shall include community
				involvement procedures in compliance with
				R18-16-404
				and may be reported concurrently with the remedial investigation. A work plan
				shall be developed and implemented for all or any portion of a feasibility
				study for a site or a portion of a site, as follows:
1. The work plan shall demonstrate that the
				work performed will meet the requirements of this Section.
2. A work plan may be modified as
				appropriate.
3. Any person
				proposing to implement a work plan for all or a portion of a feasibility study
				shall, before implementing the work plan, notify the Department in writing of
				the name and address of the working party and a general description of the work
				being performed. This notice is for the Department's information only and
				receipt of the notice shall not constitute approval of the work plan. A person
				seeking approval of a work plan by the Department shall proceed under
				R18-16-413.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-408 - Proposed Remedial Action Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. Following the completion of the
				feasibility study report under
				R18-16-407(I),
				the Department or any person shall prepare a proposed remedial action plan,
				except once the Department has issued a notice under A.R.S. §
									49-287.03,
				a person may prepare a proposed remedial action plan only under a written
				agreement with the Department.
B.
				The proposed remedial action plan shall include the following:
1. A description of the proposed
				remedy.
2. The information required
				in A.R.S. §
										49-287.04(A).
3. A description of how the proposed remedy
				will achieve each of the remedial objectives identified in the final remedial
				investigation report under
				R18-16-406(J) and
				how accomplishment of the remedial objectives is to be measured.
4. A description of all recharge,
				reinjection, discharge, transportation and use of remediated water as defined
				in A.R.S. §
										49-283.01.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-409 - Remedial Action Costs Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Any person seeking credit against potential liability at a site may submit to
				the Department, within the time period established in the notice given under
				R18-16-408(D),
				evidence of costs it has incurred or will incur for remedial actions undertaken
				at the site. The evidence of costs submitted shall include:
1. Two copies of an itemized statement of
				costs, including a certification by the person submitting the statement that
				the statement is true, accurate and complete;
2. Sufficient supporting documentation to
				establish that the costs are consistent with A.R.S. §
										49-282.06
				and this Article; and
3. An
				agreement in which the person submitting the evidence of costs agrees to
				reimburse the Department for the Department's costs under subsection
				(F).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-410 - Record of Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. After
				the conclusion of all required public comment periods prescribed by A.R.S.
				§
									49-287.04,
				the Department shall prepare a record of decision regarding the proposed
				remedial action plan. However, any person may prepare a proposed record of
				decision for consideration by the Department under R18-16-413 by submitting
				copies of the final remedial investigation report, the final feasibility study
				report, the proposed remedial action plan, all public comments and a proposed
				record of decision.
B. The record
				of decision shall contain the following:
1. A
				description of the remedy, including a description of any differences from the
				proposed remedial action plan.
2. A
				comprehensive responsiveness summary regarding all comments received on the
				proposed remedial action plan.
3. A
				description of how the process for selecting the remedy complied with A.R.S.
				Title 49, Chapter 2, Article 5 and this Article, including all public comment
				and community involvement requirements.
4. A demonstration that the remedy selected
				will achieve the remedial objectives selected in
				R18-16-406
				and will remain in place as long as necessary to ensure continued achievement
				of those objectives.
5. A
				demonstration that the remedy selected meets the requirements of A.R.S. §
										49-282.06
				and this Article.
6. A time for
				commencing implementation of the remedy and a specific time period for
				completing the remedy.
7. The total
				estimated cost of the remedy.
8. A
				time-frame for review of the remedy to determine the effectiveness of the
				remedy in achieving the remedial objectives.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-411 - Design, Implementation, Operation and Maintenance of the Early Response Action or Remedy

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person
				who intends to implement all or any portion of a remedy or an early response
				action shall obtain the Department's approval when required in either a record
				of decision or under subsection (C) or (E). The design and implementation of
				the remedy shall conform with the remedial action plan as adopted in the record
				of decision.
B. If the remedy or an
				early response action includes well replacement or provision of an alternative
				water supply, the Department or any person developing the design shall consult
				with the affected well owner or water provider. For a well owner, the design of
				that portion of the remedy or early response action shall meet the well owner's
				water quality and quantity needs in accordance with A.R.S. §
									49-282.06(B)(4)(b)
				 and
				R18-16-407(G).
				For a water provider, the design of that portion of the remedy or early
				response action shall:
1. Comply with laws
				and regulations governing the water provider's obligations to its
				customers;
2. Be implementable
				without significant alteration of the water provider's existing system;
				and
3. Meet the water provider's
				water quality and quantity needs in accordance with A.R.S. §
				49-282.06(B)(4)(b) and
				R18-16-407(G).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-412 - Innovative Technologies

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department may approve the use of an innovative technology for a site if the
				Department determines that the technology has been demonstrated to be
				reasonably likely to achieve its objectives and meets the other criteria set
				forth in this Article. Such a demonstration may be made through pilot or bench
				testing studies, peer reviewed studies, or other appropriate means of
				demonstration. If an innovative technology is approved as part of a remedy, the
				remedial action plan shall provide for a contingency in the event that the
				technology fails to achieve its objectives.
B. The Department may use monies from the
				WQARF fund to contract for review of an innovative technology.
C. The Department may provide incentives for
				the selection of the innovative technology that may include the following:
1. The Department may agree not to assess
				penalties, issue a notice of violation, pursue an order, or take other
				enforcement action authorized by law for a delay that is caused by the use of
				the innovative technology provided that the party conducting the remedial
				action remains in compliance with the plans for implementing the innovative
				technology and implements a contingent remedial action in a timely
				manner.
2. The Department may use
				monies from the Water Quality Assurance Revolving Fund to finance some or all
				of the use of the innovative technology.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-413 - Approval of Remedial Actions Under A.R.S. section 49-285(B)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person who
				seeks approval of a remedial action at a site or a portion of a site on the
				registry under A.R.S. §
									49-285(B)
				 shall submit a written request to the
				Department that contains all of the following:
1. The name and address of the person
				submitting the request and the nature of the relationship of the person to the
				site, if any.
2. The location and
				boundaries of the site or portion of the site addressed by the remedial
				action
3. The nature, degree, and
				extent of the hazardous substance contamination, if known.
4. A description of any remedial action
				performed before the request is submitted.
5. A work plan for any remedial action to be
				performed after the request is submitted.
6. A demonstration of how the remedial action
				complied, or will comply, with this Article.
7. A proposal for public notice and an
				opportunity for public comment on the application for approval under this
				Section. The proposal shall include a list of the names and addresses of
				persons whom the applicant believes to be responsible parties under A.R.S.
				§
										49-283
				and a summary of the basis for that belief.
8. An agreement in which the person
				requesting the approval agrees:
a. To grant
				access to the Department as necessary to evaluate the request for
				approval.
b. To reimburse the
				Department for the Department's costs under subsection (G).
9. An original seal imprint and
				signature of a registered professional if required by the Arizona Board of
				Technical Registration under A.R.S. Title 32, Chapter 1 and the rules made
				under that Chapter.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-414 - Determination of No Further Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall determine that no
				further action is necessary at a site or a portion of a site if, based upon the
				information submitted under A.R.S. §
									49-287.01,
				the Department finds that the site or portion of the site does not present a
				significant risk to the public health, welfare, or the environment. The
				determination may be made by the Department based upon any of the following:
1. A finding by the Department that the
				requirements of A.R.S. §
										49-152
				and 18 A.A.C. 7, Article 2 have been met shall be sufficient to support a
				determination that no further action is necessary for soils at the site or a
				portion of the site.
2. A finding
				by the Department that no hazardous substances at the site or a portion of the
				site have impacted or will impact groundwater shall be sufficient to support a
				determination that the site or a portion of the site does not present a
				significant risk to groundwater.
3.
				The determination of no further action for waters of the state at a site or a
				portion of the site may be made by the Department based upon any of the
				following:
a. A finding that the site or
				portion of a site has been remediated under a Title 49 program other than
				A.R.S. Title 49, Chapter 2, Article 5.
b. A finding that the release of a hazardous
				substance does not and will not exceed water quality standards in Title 18,
				Chapter 11 or if there is no water quality standard, a risk level approved by
				the Department to protect public health, welfare, and the
				environment.
c. A finding that
				there is no current or reasonably foreseeable use of water that would be
				impaired by the release, as determined by information collected under
				R18-16-406.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-415 - Soil Remediation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Soil
				remediation may be conducted as part of a remedy selected under
				R18-16-410 or
				may be conducted by any person at a site or portion of a site on the registry
				prior to the selection of a remedy if the following requirements are met:
1. The soil remediation is performed in
				accordance with A.R.S. §
										49-152
				and 18 A.A.C. 7, Article 2.
2.
				Community involvement activities are conducted in accordance with
				R18-16-404.
3. A notice of remediation under
				R18-7-210 is prepared and
				submitted to the Department before the remediation is conducted. The notice of
				remediation shall be accompanied by a written report including the information
				described in
				R18-16-406(C)(1),
				(2), and (3). If the Department has issued a
				notice under A.R.S. §
										49-287.03 for the site or portion
				of a site, the notice of remediation shall be submitted to the Department 15
				calendar days before commencing the remediation or, if the remediation has
				commenced prior to the Department's notice, within 15 calendar days after the
				Department's notice is given.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM › Article 4 - REMEDY SELECTION › Section R18-16-416 - Satisfaction of Settlement Agreement and Achievement of Remedial Objectives

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				Department enters into a settlement under A.R.S. §
									49-292
				with a person who agrees to perform all or any portion of the remedy, the
				settlement agreement shall include criteria to determine when the work required
				by the settlement agreement is completed. A party to the settlement agreement
				who has performed all or a portion of a remedy may request a determination that
				the required work has been completed. The request shall describe how the
				requirements of the settlement agreement have been satisfied. The Department
				may require additional information to consider the request.
B. Any person may request that the Department
				determine whether each of the remedial objectives for the site have been
				satisfied and will continue to be satisfied. The request shall demonstrate how
				the remedial objectives have been satisfied in accordance with the remedy and
				will continue to be satisfied, including information regarding any financial
				mechanisms in place to ensure the continued satisfaction of the remedial
				objectives. The Department may require additional information to consider the
				request. The Department shall issue notice of the request and provide an
				opportunity for public comment. Based upon the request and the public comments,
				the Department shall issue a written determination to approve or deny the
				request. If the request is approved, the written determination shall identify
				all actions that must continue to be taken to continue to satisfy the remedial
				objectives for the site.
C.
				Following an approval under subsection (B), the Department shall not undertake
				or require additional remedial action under this Article for the site or
				portion of the site other than the actions stated in the determination under
				subsection (B). However, the Department may reopen an investigation and take or
				require additional remedial action for any of the following reasons:
1. On discovery of new information which
				would result in the potential denial of a request under subsection
				(B).
2. That information submitted
				to the Department under subsection (B) was inaccurate, misleading, or
				incomplete.
3. The reopening of an
				investigation or the taking of a remedial action is necessary to respond to a
				release or the threat of a release of a hazardous substance that may present an
				imminent and substantial danger to the public health, welfare, or the
				environment.