Ariz. Admin. Code § R18-16-410 - Record of Decision
A. After
the conclusion of all required public comment periods prescribed by A.R.S.
§
49-287.04, the Department shall
prepare a record of decision regarding the proposed remedial action plan.
However, any person may prepare a proposed record of decision for consideration
by the Department under
R18-16-413 by submitting copies of
the final remedial investigation report, the final feasibility study report,
the proposed remedial action plan, all public comments and a proposed record of
decision.
B. The record of decision
shall contain the following:
1. A description
of the remedy, including a description of any differences from the proposed
remedial action plan.
2. A
comprehensive responsiveness summary regarding all comments received on the
proposed remedial action plan.
3. A
description of how the process for selecting the remedy complied with A.R.S.
Title 49, Chapter 2, Article 5 and this Article, including all public comment
and community involvement requirements.
4. A demonstration that the remedy selected
will achieve the remedial objectives selected in
R18-16-406 and will remain in
place as long as necessary to ensure continued achievement of those
objectives.
5. A demonstration that
the remedy selected meets the requirements of A.R.S. §
49-282.06 and this
Article.
6. A time for commencing
implementation of the remedy and a specific time period for completing the
remedy.
7. The total estimated cost
of the remedy.
8. A time-frame for
review of the remedy to determine the effectiveness of the remedy in achieving
the remedial objectives.
C. The total estimated cost of the remedy
shall include:
1. Remedial action costs other
than nonrecoverable costs incurred by the Department, including credit given in
a settlement.
2. Remedial action
costs other than nonrecoverable costs incurred by the state.
3. Remedial action costs other than
nonrecoverable costs that have been approved by the Department under
R18-16-409.
4. Projected future remedial action costs
other than nonrecoverable costs.
D. The record of decision shall be issued
only by the Department. Notice of the record of decision shall be provided
under A.R.S. §
49-287.04(G) and
R18-16-404.
E. A record of decision may be amended in
accordance with A.R.S. §
49-289(B), (C), and
(D).
Notes
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