Ariz. Admin. Code § R18-8-280 - Compliance
A. Inspection and
entry. For purposes of ensuring compliance with the provisions of HWMA, any
person who generates, stores, treats, transports, disposes of, or otherwise
handles hazardous wastes, including used oil that may be classified as
hazardous waste pursuant to A. R. S. Title 49, Chapter 4, Article 7, and
hazardous secondary materials, shall, upon request of any officer, employee, or
representative of the DEQ duly designated by the Director, furnish information
pertaining to such wastes and permit such person at reasonable times:
1. To enter any establishment or other place
maintained by such person where such wastes are or have been generated, stored,
treated, disposed, or transported from;
2. To have access to, and to copy all records
relating to such wastes;
3. To
inspect any facilities, equipment (including monitoring and control equipment),
practices, and operations, relating to such wastes;
4. To inspect, monitor, and obtain samples
from such person of any such wastes and of any containers or labeling for such
wastes; and
5. To record any
inspection by use of written, electronic, magnetic and photographic
media.
B. Penalties. A
person who violates HWMA or any permit, rule, regulation, or order issued
pursuant to HWMA is subject to civil and/or criminal penalties pursuant to A.
R. S. §§
49-923 through
49-925, as amended. Nothing in
this Article shall be construed to limit the Director's or Attorney General's
enforcement powers authorized by law including but not limited to the seeking
or recovery of any civil or criminal penalties.
C. A certification statement may be required
on written submittals to the DEQ in response to Compliance Orders or in
response to information requested pursuant to subsection (A) of this Section.
In addition, the DEQ may request in writing that a certification statement
appear in any written submittal to the DEQ. The certification statement shall
be signed by a person authorized to act on behalf of the company or empowered
to make decisions on behalf of the company on the matter contained in the
document.
D. Site assessment plan.
1. The requirement to develop a site
assessment plan shall be contained in a Compliance Order. The Director may
require an owner or operator to develop a site assessment plan based on one or
more of the following conditions:
a.
Unauthorized disposal or discharges of hazardous waste or hazardous waste
constituents which have not been remediated.
b. Results of environmental sampling by the
DEQ that indicate the presence of a hazardous waste or hazardous waste
constituents.
c. Visual observation
of unauthorized disposal or discharges which cannot be verified pursuant to
§ 262. 11, § 264. 13, or § 265. 13 as not containing a hazardous
waste or hazardous waste constituents.
d. Other evidence of disposal or discharges
of hazardous waste or hazardous waste constituents into the environment which
have not been remediated.
2. The site assessment plan shall describe in
detail the procedures to determine the nature, extent and degree of hazardous
waste contamination in the environment.
3. The site assessment plan shall be approved
by the DEQ before implementation.
4. The site assessment shall be conducted and
the results shall be submitted to the DEQ within the time limitations
established by the DEQ.
5. The DEQ
may request in writing that a site assessment plan be conducted. The DEQ will
review a voluntarily submitted site assessment plan if the plan satisfies the
requirements listed in subsections (D)(2) through (4).
Notes
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