Ariz. Admin. Code § R18-13-1012 - Compliance Schedules
A. The Director may
include compliance schedules in the CCR facility permit according to subsection
(B) or (C), or both.
B. The owner
or operator shall follow a timeline for future compliance, if established in
the CCR facility permit, that provides for action from the owner or operator
that is not required until after the date of permit issuance. The timeline
shall establish dates for their achievement.
1. If the time necessary for completion of an
interim requirement is more than one year and is not readily divisible into
stages for completion, the permit shall contain interim dates for submission of
reports on progress toward completion of the interim requirement and shall
indicate a projected completion date.
2. Unless otherwise specified in the permit,
within 30 days after the applicable date specified in a compliance schedule,
the owner or operator shall submit to the Department a report documenting that
the required action was taken within the time specified.
C. When an owner or operator that has applied
for a CCR facility permit will not be in compliance with one or more applicable
requirements in A.R.S. Title 49, Chapter 4, or this Article at the time of
permit issuance, the Director may include in the CCR facility permit a schedule
of compliance. The schedule of compliance shall include an enforceable sequence
of actions leading to compliance. This schedule of compliance shall resemble
and be at least as stringent as that contained in any judicial consent decree
or administrative order to which the owner or operator is subject. Any such
schedule of compliance shall be supplemental to, and shall not sanction
noncompliance with, the applicable requirements in A.R.S. Title 49, Chapter 4
or this Article on which it is based.
1. Time
for compliance. Any schedule of compliance established in a CCR facility permit
under subsection (C) shall require compliance as soon as feasible.
2. Interim dates. If a permit establishes a
schedule of compliance which exceeds one year from the date of permit issuance,
the schedule shall set forth interim requirements and the dates for their
achievement.
a. The time between interim dates
shall not exceed one year.
b. The
permit shall require posting on the facility's CCR website of reports of
progress toward completion of the interim requirements and indicate a projected
completion date. The time between progress reports shall not exceed six
months.
3. Reporting. The
permit shall require that, no later than 30 days following each interim
milestone deadline and the final deadline of the schedule of compliance, the
owner or operator shall submit a report to the Director documenting that the
required action was taken within the time specified and shall post a
notification on the facility's CCR website of its compliance or noncompliance
with the interim or final requirement.
D. After reviewing the activity pursuant to
any schedule established under this Section, the Director may modify the CCR
facility permit, based on changed circumstances relating to the required
action.
Notes
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