Ariz. Admin. Code § R18-13-1011 - Permit Contents

A. Standard permit conditions for CCR facility permits. The following conditions shall be incorporated into all CCR facility permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations shall be provided in the permit.

1. Duty to comply. The owner or operator shall comply with all conditions of this CCR facility permit, except to the extent and for the duration any noncompliance is authorized by the Director. Any unauthorized permit noncompliance constitutes a violation of this Article and is subject to enforcement action, permit termination, or denial of a permit application.

2. Duty to reapply. If the owner or operator wishes to continue an activity regulated by this permit after the expiration date of the permit, the owner or operator shall apply for and obtain a new permit.

3. Need to halt or reduce activity not a defense. It shall not be a defense for an owner or operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

4. Requirement to mitigate impacts of noncompliance. In the event of noncompliance with this permit, the owner or operator shall take all reasonable steps to minimize releases to the environment and shall carry out such measures as necessary to reduce reasonable probability of adverse impacts on health and the environment.

5. New statutory requirements or regulations. If the standards or regulations on which this permit is based change through changes to statute, promulgation of new or amended regulations, or by judicial decision, and this results in failure of the permit terms and conditions to ensure compliance with the revised standard or regulation, the owner or operator shall apply for a permit modification. The owner or operator shall submit an application to modify this permit to include the revised requirements within 180 days after the change becomes effective.

6. Proper operation and maintenance. The owner or operator shall ensure the proper operation and maintenance of all units, appurtenant structures, ancillary equipment and systems of treatment and control, which are installed or used to achieve compliance with the conditions of this permit. Failure to properly operate and maintain such equipment or structures does not excuse failure to comply with requirements in this permit. The term "Proper operation and maintenance" includes effective performance, adequate funding, adequate staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. Operation of back-up or auxiliary equipment or similar systems is required only when necessary to achieve compliance with the conditions of this permit.

7. Permit actions. This permit may be modified, or terminated for cause. The application by the owner or operator for a permit modification, or termination, or anticipated noncompliance, does not stay any permit condition.

8. Property rights. The permit does not convey any property rights of any sort, nor any exclusive privilege.

9. Duty to provide information. The owner or operator shall furnish to the Director, within a reasonable time, any relevant information which the Director may request to determine whether cause exists for modifying, or terminating this permit, or to determine compliance with this permit. The owner or operator shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

10. Inspection and entry. The owner or operator shall allow the Director or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

a. Enter at reasonable times upon the permitted premises where a regulated unit or activity is located or conducted, or where records that must be kept under the conditions of this permit are located;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

c. Inspect at reasonable times any units, appurtenant structures, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by this Article, any substances or parameters at any location.

11. Monitoring and records.

a. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

b. The owner or operator shall retain records of all monitoring information, including all calibration, maintenance, and quality assurance records; all original monitoring data; copies of all reports and certifications required by this permit; and records of all data for a period of at least ten years from the date of the sample, measurement, report, certification, or application. This period may be extended by request of the Director at any time. The owner or operator shall maintain records and data used to support a permit application for the lifetime of the permit. The owner or operator shall maintain records of all groundwater monitoring, including records of groundwater well construction and groundwater elevation measurements, throughout the active life of the unit, the post-closure care period and until completion of all corrective action.

12. Signatory requirements. All applications, reports, or information required to be submitted to the Director by this permit shall be signed and certified by each owner and operator of a CCR unit unless an agreement is provided to the Director that one owner or operator is certifying for the rest.

13. Reporting requirements.

a. Anticipated noncompliance. The owner or operator shall provide written or electronic notice to the Director as soon as possible, but no later than 60 days in advance of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

b. The owner or operator shall report to the Department by phone or electronically any noncompliance or release which has a reasonable probability of adverse effects on health or the environment as soon as possible, and no later than 24 hours after the time the owner or operator first becomes aware of the circumstances. The notification shall include the following:

i. Information concerning release of any CCR that may endanger public drinking water supplies.

ii. Any information about a release of CCR that could have a reasonable probability of adverse effects on health or the environment outside the facility.

iii. The description of the release and its cause shall include:

(1) Name, business address, business email address, and business telephone number of the owner and operator;

(2) Name, address, email address, and telephone number of the facility;

(3) Date, time, and type of release;

(4) Name and quantity of material or materials involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to the environment and human health outside the facility, where applicable;

(7) Estimated quantity and disposition of recovered material that resulted from the release; and

(8) Action taken to mitigate the risk, including any preparation in advance of a severe weather event

iv. A narrative shall also be posted on the facility CCR website no later than five days after the time the owner or operator becomes aware of the circumstances. The narrative shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the five-day notice requirement in favor of posting a written report within fifteen days.

c. Where the owner or operator becomes aware that they failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Director, the owner or operator shall promptly submit such facts or corrected information to the Director.

14. Severability. Invalidation of a portion of this permit does not necessarily render the whole permit invalid. ADEQ intends that this permit remains in effect to the extent possible. In the event that any part of this permit is invalidated, the Director will advise the owner or operator as to the effect of such invalidation.

B. In addition to the standard conditions in subsection (A), the Director shall establish permit terms and conditions in a CCR facility permit, on a case-by-case basis, in accordance with the requirements and procedures of A.R.S. Title 49, Chapter 4 and this Article. At a minimum, each CCR facility permit shall include all permit terms and conditions necessary to ensure compliance with A.R.S. Title 49, Chapter 4 and this Article.

C. Each CCR facility permit shall contain, either expressly or by reference, all requirements of this Article that are applicable to the permitted CCR units and CCR-associated solid waste management activities at the facility. In satisfying this provision, the Director may incorporate the applicable requirements directly into terms and conditions in the permit or incorporate them by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be provided in the permit.

D. Protectiveness. Each CCR facility permit shall contain such terms and conditions as the Director determines are necessary to ensure there is no reasonable probability of adverse effects on safety, health or the environment from the solid waste management of CCR at the facility.

E. The owner or operator of a CCR surface impoundment shall install, maintain, and monitor instrumentation to evaluate the performance of the CCR surface impoundment. The Director shall require site-specific instrumentation that the Director deems necessary for monitoring the safety of the CCR surface impoundment when failure may endanger human life and property. Conditions that may require monitoring include land subsidence, earth fissures, embankment cracking, phreatic surface, seepage, and embankment movements.

F. The permit shall contain a safe storage level for each CCR surface impoundment.

G. A CCR facility permit is issued for a fixed term of ten years. The term of a permit shall not be extended by modification of the permit beyond the maximum duration specified in this subsection.

Notes

Ariz. Admin. Code § R18-13-1011

New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.