Ariz. Admin. Code § R18-16-405 - Early Response Actions
A.
The Department or any person may perform an early response action if the action
is initiated prior to selection of a remedy at a site under
R18-16-410 and is necessary to:
1. Address current risk to public health,
welfare, and the environment;
2.
Protect or provide a supply of water;
3. Address sources of contamination;
or
4. Control or contain
contamination where such actions are expected to reduce the scope or cost of
the remedy needed at the site.
B. The method or technology used to implement
the early response action shall be selected based upon best engineering,
geological, or hydrogeological judgment following engineering, geological, or
hydrogeological standards of practice, considering the following information:
1. Best available information characterizing
the site;
2. Best available
scientific information concerning available remedial methods and technologies;
and
3. Best available information
regarding whether the technology or method could increase the scope or costs of
possible remedies for the site or result in increased risk to public health or
welfare or the environment.
C. A written rationale shall be prepared for
each early response action explaining how the early response action will
achieve the applicable goals in subsection (A) and how the early response
action is consistent with A.R.S. §
49-282.06(A). The
written rationale shall identify the information used to select the early
response action as provided in subsection (B), how that information was
considered, and how the selected method or technology was selected. Performance
of a remedial investigation or feasibility study shall not be required to
select or conduct an early response action.
D. A work plan shall be prepared for each
early response action. Each work plan shall include:
1. A description of work to be done, a
description of known site conditions, and a plan for conducting the
work;
2. A description of community
involvement activities for the early response action under
R18-16-404; and
3. A schedule.
E. If immediate action is necessary to
address a current risk to public health or the environment, to protect a source
of water, or to provide a supply of water, the work plan and written rationale
may be prepared and the community involvement activities may be conducted after
commencement of the early response action.
F. Approval of an early response action under
this Section does not constitute approval of the remedy for the site. The
remedy for a site where an early response action is conducted shall be selected
in accordance with
R18-16-406 through
R18-16-410 . An early response
action may be addressed, incorporated and modified as needed in the remedy
selected under
R18-16-410.
G. After the Department has issued notice
under A.R.S. §
49-287.03 for a site or a portion
of a site, a person conducting an early response action at a site or portion of
a site shall notify the Department, in writing, of the early response action.
The notice shall contain a brief description of the early response action and
shall be given at least 15 calendar days before the early response action is
commenced, or as soon thereafter as practicable depending upon the exigencies
of the circumstances. If the early response action has commenced before the
Department issues notice under A.R.S. §
49-287.03, written notice of the
early response action shall be given within 15 calendar days after the
Department's notice is given. After notice of a proposed remedial action plan
has been given under
R18-16-408(C), an
early response action may be initiated only after the Department has approved
the early response action.
H. Any
person may submit a request to the Department under
R18-16-413 to approve an early
response action or a work plan for an early response action. The request shall
include the work plan and the written rationale for the early response action.
The Department shall approve the work plan or early response action if it
complies with the following:
1. The
requirements of this Section and A.R.S. §
49-282.06(A);
2. Community involvement
activities under
R18-16-404;
3. The work plan provides for modifications
to address unknown or changed conditions; and
I. In considering whether an early response
action is necessary to protect or provide a supply of water because a well is
threatened by contamination, a well located in the area within 1/4 mile
upgradient, 1/2 mile cross-gradient and 1 mile downgradient of the areal extent
of contamination at the site shall be presumed to be threatened by the
contamination. This presumption may be rebutted by evidence of local hydrology,
geology, or geochemistry or by available information regarding the capture zone
or rate of flow. In considering whether wells a greater distance from the areal
extent of contamination are threatened, any evidence regarding local hydrology,
geology, geochemistry, zone of capture, or rate of flow may be
considered.
Notes
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