Ariz. Admin. Code § R18-16-411 - Design, Implementation, Operation and Maintenance of the Early Response Action or Remedy
A. Any person
who intends to implement all or any portion of a remedy or an early response
action shall obtain the Department's approval when required in either a record
of decision or under subsection (C) or (E). The design and implementation of
the remedy shall conform with the remedial action plan as adopted in the record
of decision.
B. If the remedy or an
early response action includes well replacement or provision of an alternative
water supply, the Department or any person developing the design shall consult
with the affected well owner or water provider. For a well owner, the design of
that portion of the remedy or early response action shall meet the well owner's
water quality and quantity needs in accordance with A.R.S. §
49-282.06(B)(4)(b)
and
R18-16-407(G) .
For a water provider, the design of that portion of the remedy or early
response action shall:
1. Comply with laws
and regulations governing the water provider's obligations to its
customers;
2. Be implementable
without significant alteration of the water provider's existing system;
and
3. Meet the water provider's
water quality and quantity needs in accordance with A.R.S. §
49-282.06(B)(4)(b)
and
R18-16-407(G).
C. The Department's approval of
the design of any water treatment facilities is required prior to the
construction as part of the remedy or an early response action. The design
shall be based on an evaluation of potential treatment system failure that
could affect public health and shall incorporate safeguards including any
site-specific engineering and operation controls necessary to assure protection
of public health against such failure. The safeguards shall incorporate, at a
minimum, if applicable to the technology:
1.
Monitors and alarms on all key treatment system components, e.g. power, air
flow.
2. Automatic termination of
discharge from the treatment system when monitors detect abnormal operation of
key treatment system components.
D. If operation and maintenance of a remedy
following completion of construction are necessary to ensure the continued
achievement of the remedial objectives, an operation and maintenance plan shall
be prepared and implemented.
E. The
Department's approval of an operation and maintenance plan shall be required
for each WQARF site where the remedy or an early response action involves
treatment of water to remove contaminants of concern at the site. The community
advisory board, if one has been established for the site, shall be provided
with the opportunity to comment on the operations and maintenance plan. Notice
and community involvement shall be in accordance with
R18-16-404 . The operation and
maintenance plan shall include:
1.
Certification by the Department that the elements of the operations and
maintenance plan adequately protect public health against treatment system
failure.
2. A schedule and plan for
water quality monitoring.
3. A
requirement that affected water providers receive a copy of the completed
application and a copy of the final permit for any National Pollutant Discharge
Elimination System permit for the site.
4. A process for the treatment system
operator to promptly notify potentially affected water providers of a failure
of a key treatment system component that could affect the quality of a
discharge of treated water.
5. For
a discharge to a water of the United States, operational, maintenance and
management practices to assure achievement of water quality discharge standards
established in 18 A.A.C. 11 prior to the point of discharge for those volatile
organic compounds which are contaminants of concern at the site.
F. Any person who intends to
implement any portion of a remedy may request the Department to approve the
design or the operation and maintenance plan. A request for approval of a
remedial design shall be submitted in accordance with
R18-16-413 . The Department shall
approve any remedial design that is in compliance with this Section and the
remedial action plan as adopted in the record of decision.
G. The well owner or water provider whose
water use is being addressed may, in its sole discretion, elect to construct,
operate, or construct and operate the water treatment, well replacement or
alternative water supply component of the remedy or early response action which
is designed to address its use. This election shall not alter the
responsibility of the Department or any person under A.R.S. Title 49, Chapter
2, Article 5 to fund all or a portion of the remedy or early response action.
The well owner or water provider shall enter into a written agreement with the
appropriate person that will govern the terms of the construction, operation or
construction and operation of the water treatment, well replacement or
alternative water supply component of the remedy.
Notes
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No prior version found.