Ariz. Admin. Code § R18-13-1018 - Public Notice Requirements for Permit Actions

A. The Director shall provide notice as described after determining an application complete for the following permit actions. The notice shall contain information about the licensing timeframes for the permit action and describe how a person can inspect all permit application materials, either in person or online.

1. An initial or renewed CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice;

c. To the entities listed in A.R.S. § 49-111.

2. A major modification to a CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice;

c. To the entities listed in A.R.S. § 49-111.

3. A minor modification to a CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice.

B. The Director shall provide notice as described when proposing to issue or deny the items listed below. The notice shall describe how a person can inspect all permit application materials, either in person or online.

1. An initial or renewed CCR facility permit;

a. Once, in a daily or weekly newspaper of general circulation where the facility is located;

b. On the ADEQ website;

c. To anyone requesting such notice;

d. By requiring the owner or operator to place paper copies of a notice and supplemental information in a local library or community center.

2. A major modification to a CCR facility permit;

a. Once, in a daily or weekly newspaper of general circulation where the facility is located;

b. On the ADEQ website;

c. To anyone requesting such notice;

d. By requiring the owner or operator to place paper copies of a notice and supplemental information in a local library or community center.

C. The Director shall provide notice as described when issuing or denying the following:

1. An initial or renewed CCR facility permit;

a. To anyone who commented on the proposed initial or renewed CCR facility permit;

b. On the ADEQ website;

c. To anyone requesting such notice.

2. A major modification to a CCR facility permit;

a. To anyone who commented on the proposed major modification;

b. On the ADEQ website;

c. To anyone requesting such notice.

3. A minor modification to a CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice.

4. An administrative permit modification: To anyone requesting such notice.

D. The Director shall provide notice as described when terminating a CCR facility permit:

1. On the ADEQ website;

2. To anyone requesting such notice.

E. The notice for a permit action under subsection (B)(1) or (B)(2) shall:

1. Include a brief summary of the draft document,

2. Contain information about the licensing timeframes for the permit action and explain where further information on the permit action can be obtained,

3. Describe when and how comments may be made,

4. Provide at least 30 days for comments from publication of the notice, and

5. Explain how a public hearing may be requested.

F. After a notice is issued under subsection (B)(1) or (B)(2), the Department shall schedule a public hearing if requested and if the Director determines there is sufficient public interest. The Director shall provide notice of the hearing as provided in subsection (B)(1)(a) or (B)(2)(a) at least 30 days before the hearing. The Department may conduct a public hearing for a CCR facility permit or major modification virtually.

G. The Department shall respond to comments received on the proposed CCR facility permit or major modification when the final decision is made under subsection (C). The Department shall send a copy of the comment responses to all commenters and notify commenters of their potential rights under A.R.S § 41-1092.03(B). The Department shall send the comment responses to commenters and anyone requesting a copy and post the comment responses on the Department's website.

Notes

Ariz. Admin. Code § R18-13-1018

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