Ariz. Admin. Code § 18-13-1610

Current through Register Vol. 30, No. 24, June 14, 2024

Section R18-13-1610 - Temporary Treatment Facility

A. The owner or operator of a temporary treatment facility shall treat and remove all PCS from the temporary treatment facility within one year from the date of commencement of receipt of PCS for treatment. PCS shall not be diluted to meet any treatment requirement, except in accordance with the approved plan.

B. A temporary treatment facility shall obtain approval from the Department prior to commencing construction or operation. In lieu of the requirements of R18-13-1607(C), an application for approval shall contain all of the following:

1. An affidavit signed by the owner or operator of the temporary treatment facility which states that the facility will comply with the requirements of this Article;

2. An affidavit that the proposed facility is in compliance with local zoning requirements in effect at the time the application is submitted;

3. Application information required pursuant to A.R.S. § 49-762.03(C) ) for plan approval for temporary treatment facilities;

4. A vicinity map, in a scale not over 1:24,000, which shows where the facility is located with respect to the surroundings, including an indication of the use of the adjacent properties;

5. A site description which includes general information on the geology, hydrogeology, soils, and land use;

6. A background soil sampling plan and results which characterize the site, including the rationale used to determine the locations, depths and number of samples;

7. A site map, in a scale not to exceed 1:2,400, which clearly identifies where the PCS shall be deposited, containment berms, fencing and security measures, access roads, any improvements, wells, and location of surface water courses;

8. An operational plan which includes all of the following:

a. General description of the daily operations of the facility and the processes, techniques, or methods to be employed;

b. The source, amount, concentration of contaminants, and any other relevant information concerning the PCS to be handled;

c. The schedule for sampling the PCS during treatment to evaluate treatment methods;

d. Description of plans for final use and disposal of PCS and remediated soil, liners, piping, carbon canisters, and any other contaminated equipment;

9. A closure and post-closure care plan which includes both of the following:

a. A description of the steps necessary to close the facility, the specific proposed closure activities, and an implementation schedule;

b. A description of the sampling plan utilized to sample background soil beneath the site following closure.

C. A temporary treatment facility shall not be operated for more than one year unless a one-time extension is granted by the Department. The Department may grant an extension of up to one additional year if all of the following are met:

1. The inability to perform is caused by events beyond the control of the owner or operator, including acts of God, which include flood, tornado, earthquake, and causes beyond the owner's or operator's control including fire, explosion, unforeseen strikes or work stoppages, riot, sabotage, public enemy, war, requirements established by courts of competent jurisdiction, and other governing law. Financial inability to perform shall not be justification for an extension.

2. The owner and operator submits to the Department verifiable documentation which includes all of the following:

a. A description of the circumstances causing any delay;

b. Evidence of the existence of the circumstance;

c. A description of past, present, and future measures taken or to be taken by the owner or operator to prevent or minimize any delay;

d. A timetable by which the owner and operator will resume and complete required performance.

3. The request is received at least 60 days prior to the expiration of the year in which the facility first received PCS. Where the Department grants an extension, that extension shall be granted prior to the expiration of the deadline and communicated to the owner or operator in writing.

D. A temporary treatment facility shall meet the design criteria as specified in R18-13-1608 and R18-13-1609(B).

E. PCS stored at a temporary treatment facility prior to treatment shall be stored in accordance with the requirements of R18-13-1611.

F. In accordance with A.R.S. § 49-762(F), a temporary treatment facility shall be exempt from the notice and public hearing requirements set forth in A.R.S. § 49-762(L).

Ariz. Admin. Code § R18-13-1610

Recodified from R18-8-1610at 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.