Ariz. Admin. Code § R18-16-201 - Preliminary Investigations
A.
Based on information of a possible release or threatened release of a hazardous
substance, the Department may conduct a preliminary investigation to obtain
additional information necessary to determine the potential risk to public
health, welfare, and the environment in order to score the site and include it
on the registry established under A.R.S. §
49-287.01(D).
B. Before conducting a preliminary
investigation, the Department shall consider whether the possible release or
threatened release of a hazardous substance:
1. Is being addressed by or should be
referred to another applicable program administered by the Department or
another federal, state or local governmental agency with jurisdiction over the
matter; or
2. Is being adequately
addressed through voluntary action.
C. At any time before or during a preliminary
investigation, if the Department determines that a possible release or
threatened release of a hazardous substance is being adequately addressed by
another program or agency or voluntarily, the Department may suspend or
terminate a preliminary investigation under this Section.
D. A preliminary investigation is a screening
level investigation based primarily upon existing information. The Department
may collect existing information regarding a release or threatened release of a
hazardous substance from any appropriate source, including Department programs,
governmental agencies, water providers, complainants, and owners and operators
of facilities where the release may have occurred. When existing information,
such as soil or water sampling data, cannot be validated, or when sufficient
data does not exist, additional data may be collected as necessary.
E. The Department shall terminate the
preliminary investigation prior to completion if:
1. The Department determines that the release
of a hazardous substance has not occurred and is not likely to occur;
or
2. The Department determines:
a. Based on valid sampling data, that soil
contaminated by a release of a hazardous substance meets the requirements of
A.R.S. §
49-152 and 18 A.A.C. 7, Article 2;
and
b. Based on valid sampling
data, that the release or a threatened release of a hazardous substance does
not and will not result in an exceedance of water quality standards, or if
there is no water quality standard, a risk level approved by the Department to
protect public health, welfare, and the
environment.
F.
The Department shall notify affected water providers of the termination of a
preliminary investigation under
R18-16-201(E).
G. If the Department does not terminate or
suspend a preliminary investigation under subsections (C) or (E), the
Department shall proceed with the preliminary investigation by collecting any
additional information necessary to score a potential site using the
eligibility and evaluation site scoring model under
R18-16-202 . The Department shall
notify affected water providers and affected local governments of the
initiation of the preliminary investigation. A work plan shall be developed and
implemented to collect additional information and shall include the following
information:
1. The location and description
of the potential site, including a map.
2. A list of hazardous substances known or
suspected to have been released.
3.
A proposal to search available records to determine:
a. The historic and current uses of
facilities within the potential site.
b. The physical and environmental conditions
within the potential site.
c. Any
previous environmental investigations or regulatory involvement by federal,
state, or local authorities.
4. A proposal to obtain information from any
affected water providers.
H. If the Department determines that
additional information is necessary to score a potential site using the
eligibility and evaluation site scoring model under
R18-16-202, the work plan shall be
supplemented with the following information:
1. A conceptual site model to determine:
a. Potential sources of
contamination.
b. Potential
exposure pathways.
c. Potential
human, aquatic, and terrestrial receptors.
2. If sampling is necessary, the work plan
shall contain the following information:
a.
The objectives of the sampling.
b.
A quality assurance project plan.
c. A sampling and analysis plan to verify
whether a suspected release has occurred, and if the release has occurred, to
adequately characterize the release to score the site using the eligibility and
evaluation site scoring model.
d. A
health and safety plan consistent with 29 CFR. 1910.120.
I. Following completion of the
preliminary investigation, the Department or any person identified under
subsection (L) shall prepare a preliminary investigation report. The report
shall contain the following information:
1.
Information gathered and reviewed under subsection (G), including a summary of
the information with references to relevant reports.
2. If applicable, the conceptual site model
developed under subsection (H).
3.
If sampling was conducted under subsection (H):
a. A description of the sampling
activities.
b. Analytical results
including a summary of the results with references to relevant
reports.
c. A map of sample
locations.
d. Data quality
information including a summary with references to relevant reports.
J. The Department shall
approve the preliminary investigation report prepared under subsection (I) if
it contains sufficient valid information to score the site using the
eligibility and evaluation site scoring model under
R18-16-202 or to make a
determination that no further investigation or action is needed under
subsection (K).
K. Based on a
review of the preliminary investigation report prepared under subsection (I),
the Department shall:
1. Determine that no
further investigation or action is needed using the criteria in subsection (E);
or
2. Prepare a draft site registry
report under A.R.S. §
49-287.01(B).
L. The Department may allow any
person to conduct any part of the preliminary investigation by written
agreement. A person requesting to conduct all or any part of a preliminary
investigation shall submit a written request to the Department that includes
the following information:
1. The name and
address of the person making the request and the nature of the relationship of
the person to the site.
2. The
portion of the preliminary investigation the person wants to conduct.
3. A work plan to conduct the preliminary
investigation in accordance with subsection (G).
4. A schedule for completion of the
activities specified in the work plan.
5. If requested by the Department,
information regarding the financial capability of the person to conduct the
work plan.
Notes
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