Ariz. Admin. Code § 18-7-202

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

Section R18-7-202 - Applicability

A. This Article applies to a person legally required to conduct soil remediation by any of the following regulatory programs administered by the Department:

1. The Aquifer Protection Permit Program.

2. The Hazardous Waste Management Program.

3. The Solid Waste Management Program.

4. The Special Waste Management Program.

5. The Underground Storage Tank Program.

6. The Water Quality Assurance Revolving Fund.

7. Any other program under A.R.S. Title 49 that regulates soil remediation.

B. This Article also applies to a person who is not legally required to conduct soil remediation, but who chooses to do so under any program administered by the Department.

C. The requirements of this Article apply in addition to any specific requirements of the programs described in subsections (A) or (B).

D. This Article is limited to soil remediation.

E. A person who is remediating a site shall comply with the numeric soil remediation standards identified in either Appendix A or Appendix B if both of the following conditions are met. If either subsection (1) or subsection (2) is not met, a person who is remediating a site shall comply with the numeric soil remediation standards identified in Appendix A.

1. The site was characterized before May 5, 2007. A site is considered characterized when the laboratory analytical results of the soil samples delineating the nature, degree, and extent of soil contamination have been received by the person conducting the remediation.

2. The site was remediated or a risk assessment completed before May 5, 2010. A risk assessment or remediation is considered completed when site closure, that meets the conditions in R18-7-209, has been requested.

F. Nothing in this Article limits the Department's authority to establish more stringent soil remediation levels in response to:

1. A nuisance.

2. An imminent and substantial endangerment to the public health or the environment.

G. This Article does not apply to persons remediating soil to numeric soil remediation levels specified in the following documents and entered into, issued, or approved before May 5, 2007:

1. Orders of the Director;

2. Orders of any Court;

3. Work agreements approved by the Director pursuant to A.R.S. § 49-282.05;

4. Closure plans approved by the Director pursuant to R18-8-265;

5. Post-closure permits approved by the Director pursuant to R18-8-270;

6. Records of Decision approved by the Director pursuant to R18-16-410;

7. Records of Decision approved by the Director pursuant to R18-16-413; and

8. Records of Decision approved by the Director pursuant to 40 CFR 300.430(f)(5).

Ariz. Admin. Code § R18-7-202

Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-202 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).