Ariz. Admin. Code § R18-9-A204 - Contingency Plan
A. An individual
permit shall specify a contingency plan that defines the actions to be taken if
a discharge results in any of the following:
1. A violation of an Aquifer Water Quality
Standard or an AQL,
2. A violation
of a discharge limitation,
3. A
violation of any other permit condition,
4. An alert level is exceeded, or
5. An imminent and substantial endangerment
to the public health or the environment.
B. The contingency plan may include one or
more of the following actions if a discharge results in any of the conditions
described in subsection (A):
1. Verification
sampling;
2. Notification to
downstream or downgradient users who may be directly affected by the
discharge;
3. Further monitoring
that may include increased frequency, additional constituents, or additional
monitoring locations;
4.
Inspection, testing, operation, or maintenance of discharge control features at
the facility;
5. Evaluation of the
effectiveness of discharge control technology at the facility that may include
technology upgrades;
6. Evaluation
of pretreatment for sewage treatment facilities;
7. Preparation of a hydrogeologic study to
assess the extent of soil, surface water, or aquifer impact;
8. Corrective action that includes any of the
following measures:
a. Control of the source
of an unauthorized discharge,
b.
Soil cleanup,
c. Cleanup of
affected surface waters,
d. Cleanup
of affected parts of the aquifer, or
e. Mitigation measures to limit the impact of
pollutants on existing uses of the aquifer.
C. A permittee shall not take a corrective
action proposed under subsection (B)(8) unless the action is approved by the
Department.
1. Emergency response provisions
and corrective actions specifically identified in the contingency plan
submitted with a permit application are subject to approval by the Department
during the application review process.
2. The permittee may propose to the
Department a corrective action other than those already identified in the
contingency plan if a discharge results in any of the conditions identified in
subsection (A).
3. The Department
shall approve the proposed corrective action if the corrective action provides
a plan and expedient time-frame to return the facility to compliance with the
facility's permit conditions, A.R.S. Title 49, Chapter 2, and Articles 1 and 2
of this Chapter.
4. The Director
may incorporate corrective actions into an Aquifer Protection Permit.
D. A contingency plan shall
contain emergency response provisions to address an imminent and substantial
endangerment to public health or the environment including:
1. Twenty-four hour emergency response
measures;
2. The name of an
emergency response coordinator responsible for implementing the contingency
plan;
3. Immediate notification to
the Department regarding any emergency response measure taken;
4. A list of people to contact, including
names, addresses, and telephone numbers if an imminent and substantial
endangerment to public health or the environment arises; and
5. A general description of the procedures,
personnel, and equipment proposed to mitigate unauthorized
discharges.
E. A
permittee may amend a contingency plan required by the Federal Water Pollution
Control Act ( P.L. 92-500; 86 Stat. 816;
33 U.S.C.
1251, et seq., as amended), or the Resource
Conservation and Recovery Act of 1976 ( P.L. 94-580; 90 Stat. 2796;
42 U.S.C.
6901 et seq., as amended), to meet the
requirements of this Section and submit it to the Department for approval
instead of a separate aquifer protection contingency plan.
F. A permittee shall maintain at least one
copy of the contingency plan required by the individual permit at the location
where day-to-day decisions regarding the operation of the facility are made. A
permittee shall advise all employees responsible for the operation of the
facility of the location of the contingency plan.
G. A permittee shall promptly revise the
contingency plan upon any change to the information contained in the
plan.
Notes
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