Ariz. Admin. Code § R18-13-1019 - Compliance; ADEQ Inspections; Violations and Enforcement
A. ADEQ Inspection
and Entry. For purposes of ensuring compliance with the provisions of Title 49
and this Article, the owner or operator of a CCR facility, shall, upon request
of any representative of ADEQ designated by the Director, furnish information
pertaining to such CCR facility.
B.
ADEQ Inspection and Entry for CCR units. The Director or a designated
representative may enter at reasonable times upon private or public property
and the owner or operator shall permit such entry, where a CCR surface
impoundment is located, including a CCR surface impoundment under construction,
reconstruction, repair, enlargement, alteration, breach, or removal, for any of
the following purposes:
1. To enforce the
conditions of approval of the construction drawings and specifications related
to an application for construction, reconstruction, repair, enlargement,
alteration, breach, or removal.
2.
To inspect a CCR surface impoundment that is subject to this Article.
3. To investigate or assemble data to aid
review and study of the design and construction of CCR surface impoundments,
reservoirs, and appurtenances or make watershed investigations to facilitate
decisions on public safety to fulfill the duties of this Article and A.R.S.
Title 49, Chapter 4.
4. To
ascertain compliance with this Article and A.R.S. Title 49, Chapter
4.
C. ADEQ Inspection and
Entry for CCR surface impoundments. The Director or a designated representative
may enter at reasonable times upon private or public property and the owner or
operator shall permit such entry, where a CCR surface impoundment is located,
including a CCR surface impoundment under construction, reconstruction, repair,
enlargement, alteration, breach, or removal, for any of the following purposes:
1. To enter any establishment or other place
maintained by such person where such CCR units are or have been
operated;
2. To have access to, and
to copy all records relating to CCR units;
3. To inspect any facilities, equipment
(including monitoring and control equipment), practices, and operations,
relating to CCR units;
4. To
inspect, monitor, and obtain samples from such person of any CCR units and
monitoring and control equipment; and
5. To record any inspection by use of
written, electronic, magnetic and photographic media.
D. Upon receipt of a complaint that a CCR
surface impoundment is endangering people or property:
1. The Director shall inspect the CCR surface
impoundment unless there is substantial cause to believe the complaint is
without merit.
2. The Director
shall provide a written report of the inspection to the complainant and the CCR
surface impoundment owner.
E. Penalties. A person who violates any CCR
facility permit, provision of this Article, or order issued pursuant to a CCR
facility permit is subject to civil and/or criminal penalties pursuant to
A.R.S. §§
49-783 and 791, as amended.
Nothing in this Article shall be construed to limit the Director's or Attorney
General's enforcement powers authorized by law including but not limited to the
seeking or recovery of any civil or criminal penalties.
F. A certification statement may be required
on written submittals to ADEQ in response to Compliance Orders or in response
to information requested pursuant to subsection (B) of this Section. In
addition, ADEQ may request in writing that a certification statement appear in
any written submittal to ADEQ. The certification statement shall be signed by a
person authorized to act on behalf of the company or empowered to make
decisions on behalf of the company on the matter contained in the
document.
G. The Director shall
conduct a CCR surface impoundment safety inspection annually or more frequently
for each high hazard potential CCR surface impoundment, triennially for each
significant hazard potential CCR surface impoundment, and once every five years
for each low hazard potential CCR surface impoundment.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.