Ariz. Admin. Code § 18-12-264.01

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-12-264.01 - Public Participation

A. Public notice. If public notice is required by A.R.S. § 49-1005, or this Article, the Department shall provide a minimum of 30 calendar days notice to the public regarding a public comment period. The Department shall use one or more methods of public notice designed to reach those members of the public directly affected by the release and the planned corrective actions, which may include, but is not limited to the following: publication in a newspaper of general circulation, posting at the facility, mailing a notice to applicable persons, or posting on the Department's internet site. At a minimum, the notice shall be sent to the following applicable persons:

1. The UST owner and operator;

2. Owners of property and other parties directly affected or potentially directly affected by contamination from the release, corrective actions, or LUST case closure;

3. The Arizona Department of Water Resources;

4. The applicable county and municipality; and

5. Water service providers and persons having water rights that may be impacted by the release.

B. Public notice contents. The Department shall provide notice to the public that includes all of the following:

1. The name of the document that is available for public comment;

2. The facility where the release occurred and the site of the proposed corrective actions, or LUST case closure in accordance with R18-12-263.04.

3. If the document is a CAP, the date the CAP was submitted to the Department, and name of the person who submitted the CAP;

4. A specific explanation if a corrective action standard for water is based on a Tier 2 or Tier 3 evaluation;

5. The location where a copy of the document can be viewed by the public;

6. An explanation that any comments on the document shall be sent to the Underground Storage Tank Program of the Department within the time-frame specified in the notice; and

7. The public meeting provisions of subsection (C).

C. Public meeting. The Department may hold a public meeting to receive comments on a document undergoing public review. If the Department holds a public meeting, the Department shall schedule the meeting and notify the public, in accordance with subsection (A), of the meeting time and location.

Ariz. Admin. Code § R18-12-264.01

New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.