Ariz. Admin. Code § R18-13-1013 - CCR Facility Permit Issuance or Denial

A. The Director shall issue CCR facility permits after CCR program approval, based upon the information obtained by or made available to the Department, if the Director determines that the permit requires the owner or operator to comply with A.R.S. Title 49, Chapter 4, this Article and Article 17. The procedures in this Article related to permit applications are applicable before CCR program approval, except that the licensing time frames requirements of 18 A.A.C. 1 do not apply until CCR program approval.

B. The Director shall provide the owner or operator with written notification of the final decision to grant or deny the permit within the applicable licensing time frames requirements and include the following:

1. The owner or operator's right to appeal the final permit determination, including the number of days the owner or operator has to file an appeal and the name and telephone number of the Department contact person who can answer questions regarding the appeals process;

2. If the permit is denied, the reason for the denial with reference to the statute or rule on which the denial is based; and

3. The owner or operator's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

C. The Director may deny a CCR facility permit if the Director determines upon completion of the application process that the owner or operator has:

1. Failed or refused to correct a deficiency in the CCR facility permit application;

2. Failed to demonstrate that the CCR units and their operation will comply with the requirements of A.R.S. Title 49, Chapter 4 and this Article. The Director shall base this determination on:

a. The information submitted in the CCR facility permit application,

b. Any information submitted to the Department following a public hearing, or

c. Any relevant information that is developed or acquired by the Department; or

3. Provided false or misleading information.

D. Upon denying a CCR facility permit, the Director shall issue an order directing the owner or operator to begin closure of all CCR units at the facility according to § 257.101.

Notes

Ariz. Admin. Code § R18-13-1013

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