Class exemptions. In addition to the classes or categories of
facilities listed in A.R.S. § 49 -250(B), the following classes or
categories of facilities are exempt from the Aquifer Protection Permit
requirements in Articles 1, 2, and 3 of this Chapter:
1. Facilities that treat, store, or dispose
of hazardous waste and have been issued a permit or have interim status, under
the Resource Conservation and Recovery Act ( P.L. 94580; 90 Stat.
2796;
42 U.S.C.
6901 et seq., as amended), or have been
issued a permit according to the hazardous waste management rules adopted under
18 A.A.C.
8, Article 2;
2.
Underground storage tanks that contain a regulated substance as defined in
A.R.S. §
49-1001;
3. Facilities for the disposal of solid
waste, as defined in A.R.S. §
49-701.01, that are located in
unincorporated areas and receive solid waste from four or fewer
households;
4. Land application of
biosolids in compliance with 18 A.A.C.
9, Articles 9 and 10;
5. CCR Units regulated by 40 CFR
257, Subpart
D or by a permit in effect under a Department program approved by the United
States Environmental Protection Agency in accordance with
42 U.S.C. §
6945(d)(1);
a. Regulations are approved by the
U.S. Environmental Protection Agency, in accordance with 42 U.S.C. §
6945(d)(1), for the issuance of permits governing CCR Units,
and
b. The Director issues a permit to
a given CCR Unit, which incorporates terms at least as protective as 40 C.F.R.
Part 257, Subpart D
6. Underground Injection Control Class V
injection wells regulated under an area or individual permit per 18 A.A.C.
9,
Article 6, Part I.
Notes
Ariz. Admin.
Code §
R18-9-103
Adopted effective
September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final
rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Subsection
4 citation corrected to reflect recodification at 7 A.A.R. 2522 (Supp. 03-1).
Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005
(05-3). Amended by final expedited rulemaking at
25
A.A.R. 3060, effective 9/23/2019. Amended by final rulemaking at
28
A.A.R. 1903, effective 9/6/2022.
