Ariz. Admin. Code § R18-13-1602 - Applicability
A. The Director
declares that PCS, as defined in
R18-13-1601(8),
constitutes a special waste as defined in A.R.S. §
49-851(A)(9).
Except as otherwise provided in this Section and
R18-13-1603, PCS shall be treated,
stored, and disposed of in accordance with this Article. PCS shall not be
diluted with any material or substance for purposes of avoiding applicability
of these rules.
B. PCS which is
used in a treatability study shall comply with all of the following:
1. The owner or operator of the facility
where a treatability study is to be conducted shall notify the Department of
its intent to conduct a treatability study at least 30 days prior to the
commencement of the treatability study.
2. The total quantity of PCS used in the
treatability study shall not exceed 5000 kilograms, unless evidence is provided
which justifies the need for a larger quantity and permission to use a larger
amount is granted by the Director.
3. The owner or operator of the facility
shall maintain records detailing the treatability study and the results
obtained in accordance with
R18-13-1614.
4. The treatability study shall be completed
and the PCS shall be removed from the site within one year from commencement of
the study.
5. Upon completion of
the treatability study, the owner or operator of a facility shall dispose of
the PCS used in the treatability study in accordance with this
Article.
6. Sampling of the PCS
shall be conducted in accordance with
R18-13-1604(B) and
(C) before and after the treatability study
is performed.
7. The performance of
the treatability study shall not result in an environmental nuisance pursuant
to A.R.S. §§
49-141 through
49-144.
C. PCS which is excavated pursuant to the
requirements of A.R.S. Title 49, Chapter 6, Underground Storage Tank
Regulation, and which is not removed from the site, shall comply with the
requirements of
R18-13-1610 and
R18-13-1612.
D. PCS incorporated into asphalt for use in
paving is not subject to other provisions of this Article if the owner or
operator of the facility where the asphalt is produced does all of the
following:
1. Notifies the Department in
writing at least 30 days prior to commencing such incorporation,
2. Maintains records in accordance with
R18-13-1614 ,
3. Stores the PCS prior to incorporation in
accordance with
R18-13-1611,
4.
Uses only soil characterized as PCS based on TPH
concentrations as set forth in R18-13-1601(8)(a) .
E. Requirements in this Article
for Department-approved facilities do not apply to facilities that are out of
state or in Indian Country.
Notes
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