Ariz. Admin. Code § R18-16-413 - Approval of Remedial Actions Under A.R.S. section 49-285(B)
A. Any person who
seeks approval of a remedial action at a site or a portion of a site on the
registry under A.R.S. §
49-285(B) shall
submit a written request to the Department that contains all of the following:
1. The name and address of the person
submitting the request and the nature of the relationship of the person to the
site, if any.
2. The location and
boundaries of the site or portion of the site addressed by the remedial
action
3. The nature, degree, and
extent of the hazardous substance contamination, if known.
4. A description of any remedial action
performed before the request is submitted.
5. A work plan for any remedial action to be
performed after the request is submitted.
6. A demonstration of how the remedial action
complied, or will comply, with this Article.
7. A proposal for public notice and an
opportunity for public comment on the application for approval under this
Section. The proposal shall include a list of the names and addresses of
persons whom the applicant believes to be responsible parties under A.R.S.
§
49-283 and a summary of the basis
for that belief.
8. An agreement in
which the person requesting the approval agrees:
a. To grant access to the Department as
necessary to evaluate the request for approval.
b. To reimburse the Department for the
Department's costs under subsection (G).
9. An original seal imprint and signature of
a registered professional if required by the Arizona Board of Technical
Registration under A.R.S. Title 32, Chapter 1 and the rules made under that
Chapter.
B. A request for
approval under this Section may be combined with a no further action request
under R18-16-414.
C. The Department may request additional
information necessary to evaluate or to take action on the request for
approval.
D. The Department shall
provide notice of the request for approval and of the opportunity to comment on
the request for approval.
E. The
Department shall, after considering public comments, approve a remedial action
under this Section if the Department determines that the remedial action is in
substantial compliance with this Article. The Department's approval shall be in
writing and shall state the basis for the approval.
F. The Department may deny approval of a
remedial action under this Section if the remedial action does not meet the
requirements of this Article, may request additional information, may request
modification of the remedial action, or may condition approval of the remedial
action on modifications necessary to achieve substantial compliance with this
Article.
G. The person making the
request for approval shall reimburse the Department for the total reasonable
cost of the Department's review and action under this Section, including costs
of notices, unless the Department waives all or part of the reimbursement. The
total reasonable costs include direct and indirect costs to the Department in
conducting these activities.
H.
Approval of a remedial action under this Section does not constitute approval
of the costs of conducting the remedial action.
I. A remedial action approved by the
Department under this Section shall be deemed to be in substantial compliance
with this Article. The Department's approval under this Section is not required
to preserve any right to recover remedial action costs under A.R.S. §
49-285.
Notes
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