Ariz. Admin. Code § 18-13-1602

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-13-1602 - Applicability

A. The Director declares that PCS, as defined in R18-13-1601(8), constitutes a special waste as defined in A.R.S. § 49-851(A)(9). Except as otherwise provided in this Section and R18-13-1603, PCS shall be treated, stored, and disposed of in accordance with this Article. PCS shall not be diluted with any material or substance for purposes of avoiding applicability of these rules.

B. PCS which is used in a treatability study shall comply with all of the following:

1. The owner or operator of the facility where a treatability study is to be conducted shall notify the Department of its intent to conduct a treatability study at least 30 days prior to the commencement of the treatability study.

2. The total quantity of PCS used in the treatability study shall not exceed 5000 kilograms, unless evidence is provided which justifies the need for a larger quantity and permission to use a larger amount is granted by the Director.

3. The owner or operator of the facility shall maintain records detailing the treatability study and the results obtained in accordance with R18-13-1614.

4. The treatability study shall be completed and the PCS shall be removed from the site within one year from commencement of the study.

5. Upon completion of the treatability study, the owner or operator of a facility shall dispose of the PCS used in the treatability study in accordance with this Article.

6. Sampling of the PCS shall be conducted in accordance with R18-13-1604(B) and (C) before and after the treatability study is performed.

7. The performance of the treatability study shall not result in an environmental nuisance pursuant to A.R.S. §§ 49-141 through 49-144.

C. PCS which is excavated pursuant to the requirements of A.R.S. Title 49, Chapter 6, Underground Storage Tank Regulation, and which is not removed from the site, shall comply with the requirements of R18-13-1610 and R18-13-1612.

D. PCS incorporated into asphalt for use in paving is not subject to other provisions of this Article if the owner or operator of the facility where the asphalt is produced does all of the following:

1. Notifies the Department in writing at least 30 days prior to commencing such incorporation,

2. Maintains records in accordance with R18-13-1614,

3. Stores the PCS prior to incorporation in accordance with R18-13-1611,

E. Requirements in this Article for Department-approved facilities do not apply to facilities that are out of state or in Indian Country.

Ariz. Admin. Code § R18-13-1602

Recodified from R18-8-1602at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.