Ariz. Admin. Code § 18-16-504

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

Section R18-16-504 - Review and Approval of Requests for Interim Remedial Action

A. The Department shall approve or deny requests for interim remedial action or request modifications to the proposal based on the following:

1. Whether immediate action may prevent contamination of the well.

2. Whether immediate action is necessary to provide for supply of water because contamination of the well is imminent.

3. Whether the well is currently contaminated, and there are water supply needs including needs related to drought or emergency supply that would be addressed by the well but for the contamination.

4. Whether the well is critical to the ability to satisfy the water supply needs of the well's users, including drought or emergency supply needs.

5. Whether the proposed action or alternative actions are the minimum necessary to address the loss or reduction of water.

6. Whether a proposed action is likely to be inconsistent with the final remedy.

7. Any information that might reasonably suggest that the party requesting the interim remedial action is responsible for the release of hazardous substances contaminating the well.

8. Funding considerations of the Department.

B. The Department may gather additional information before making a decision under subsection (A).

C. The Department shall condition approval of the request for interim remedial action upon execution by the requesting party of the following:

1. A reimbursement agreement under R18-16-505(C).

2. An agreement, as appropriate, to provide the Department access to the property at reasonable times for the purpose of conducting or overseeing the interim remedial action or to gather information necessary to evaluate the interim remedial action.

D. If any person other than the Department performs the work, the Department shall require that person to submit contracts, invoices or other evidence that the work was performed.

E. The Department may initiate an early response action in lieu of granting the request for interim remedial action if the requested remedial action meets the requirements of R18-16-405.

F. An interim remedial action shall be the minimum action necessary to address the loss or reduction of water available to well users during the period before selection and implementation of a final remedy at a site. The Department may approve an action that provides a permanent solution to the water supply problem if a temporary solution is unavailable, more expensive, or incapable of fully addressing the problem during the period before a final remedy is implemented for the site.

Ariz. Admin. Code § R18-16-504

New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).