Ariz. Admin. Code § R18-16-414 - Determination of No Further Action
A. The Department shall determine that no
further action is necessary at a site or a portion of a site if, based upon the
information submitted under A.R.S. §
49-287.01, the Department finds
that the site or portion of the site does not present a significant risk to the
public health, welfare, or the environment. The determination may be made by
the Department based upon any of the following:
1. A finding by the Department that the
requirements of A.R.S. §
49-152 and 18 A.A.C. 7, Article 2
have been met shall be sufficient to support a determination that no further
action is necessary for soils at the site or a portion of the site.
2. A finding by the Department that no
hazardous substances at the site or a portion of the site have impacted or will
impact groundwater shall be sufficient to support a determination that the site
or a portion of the site does not present a significant risk to
groundwater.
3. The determination
of no further action for waters of the state at a site or a portion of the site
may be made by the Department based upon any of the following:
a. A finding that the site or portion of a
site has been remediated under a Title 49 program other than A.R.S. Title 49,
Chapter 2, Article 5.
b. A finding
that the release of a hazardous substance does not and will not exceed water
quality standards in Title 18, Chapter 11 or if there is no water quality
standard, a risk level approved by the Department to protect public health,
welfare, and the environment.
c. A
finding that there is no current or reasonably foreseeable use of water that
would be impaired by the release, as determined by information collected under
R18-16-406.
B. A determination of no further
action for a site or a portion of a site shall be published in the
registry.
C. If the remedial action
for which a no further action determination is sought under this Section has
not been previously approved by the Department, the submittal under subsection
(A) may be accompanied by a request for approval of the remedial action under
R18-16-413.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.