Ariz. Admin. Code § R18-9-106 - Determination of Applicability
A. A
person who engages or who intends to engage in an operation or an activity that
may result in a discharge regulated under Articles 1, 2, and 3 of this Chapter
may submit a request, on a form provided by the Department, that the Department
determine the applicability of A.R.S. §§
49-241 through
49-252 and Articles 1, 2, and 3 of
this Chapter to the operation or activity.
B. A person requesting a determination of
applicability shall provide the following information and the applicable fee
under 18 A.A.C. 14:
1. The name and location
of the operation or activity;
2.
The name of any person who is engaging or who proposes to engage in the
operation or activity;
3. A
description of the operation or activity;
4. A description of the volume, chemical
composition, and characteristics of materials stored, handled, used, or
disposed of in the operation or activity; and
5. Any other information required by the
Director to make the determination of applicability.
C. Within 45 days after receipt of a request
for a determination of applicability, the Director shall notify in writing the
person making the request that the operation or activity:
1. Is not subject to the requirements of
A.R.S. §§
49-241 through
49-252 and Articles 1, 2, and 3 of
this Chapter because the operation or facility does not discharge as described
under A.R.S. §
49-241;
2. Is not subject to the requirements of
A.R.S. §§
49-241 through
49-252 and Articles 1, 2, and 3 of
this Chapter because the operation or activity is exempted by A.R.S. §
49-250 or
R18-9-103;
3. Is eligible for a general permit under
A.R.S. §§
49-245.01,
49-245.02 or
49-247 or Article 3 of this
Chapter, specifying the particular general permit that would apply if the
person meets the conditions of the permit; or
4. Is subject to the permit requirements of
A.R.S. §§
49-241 through
49-252 and Articles 1, 2, and 3 of
this Chapter.
D. If,
after issuing a determination of applicability under this Section, the Director
concludes that the determination or the information relied upon for a
determination is inaccurate, the Director may modify or withdraw its
determination upon written notice to the person who requested the determination
of applicability.
E. If the
Director determines that an operation or activity is subject to the
requirements of A.R.S. §§
49-241 through
49-252, the person who owns or
operates the discharging facility shall, within 90 days from receiving the
Director's written notification, submit an application for an Aquifer
Protection Permit or a closure plan.
Notes
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No prior version found.