Ariz. Admin. Code § 18-8-280

Current through Register Vol. 30, No. 44, November 1, 2024

Section R18-8-280 - Compliance

A. Inspection and entry. For purposes of ensuring compliance with the provisions of HWMA, any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous wastes, including used oil that may be classified as hazardous waste pursuant to A. R. S. Title 49, Chapter 4, Article 7, and hazardous secondary materials, shall, upon request of any officer, employee, or representative of the DEQ duly designated by the Director, furnish information pertaining to such wastes and permit such person at reasonable times:

1. To enter any establishment or other place maintained by such person where such wastes are or have been generated, stored, treated, disposed, or transported from;

2. To have access to, and to copy all records relating to such wastes;

3. To inspect any facilities, equipment (including monitoring and control equipment), practices, and operations, relating to such wastes;

4. To inspect, monitor, and obtain samples from such person of any such wastes and of any containers or labeling for such wastes; and

5. To record any inspection by use of written, electronic, magnetic and photographic media.

B. Penalties. A person who violates HWMA or any permit, rule, regulation, or order issued pursuant to HWMA is subject to civil and/or criminal penalties pursuant to A. R. S. §§ 49-923 through 49-925, as amended. Nothing in this Article shall be construed to limit the Director's or Attorney General's enforcement powers authorized by law including but not limited to the seeking or recovery of any civil or criminal penalties.

C. A certification statement may be required on written submittals to the DEQ in response to Compliance Orders or in response to information requested pursuant to subsection (A) of this Section. In addition, the DEQ may request in writing that a certification statement appear in any written submittal to the DEQ. The certification statement shall be signed by a person authorized to act on behalf of the company or empowered to make decisions on behalf of the company on the matter contained in the document.

D. Site assessment plan.

1. The requirement to develop a site assessment plan shall be contained in a Compliance Order. The Director may require an owner or operator to develop a site assessment plan based on one or more of the following conditions:

a. Unauthorized disposal or discharges of hazardous waste or hazardous waste constituents which have not been remediated.

b. Results of environmental sampling by the DEQ that indicate the presence of a hazardous waste or hazardous waste constituents.

c. Visual observation of unauthorized disposal or discharges which cannot be verified pursuant to § 262. 11, § 264. 13, or § 265. 13 as not containing a hazardous waste or hazardous waste constituents.

d. Other evidence of disposal or discharges of hazardous waste or hazardous waste constituents into the environment which have not been remediated.

2. The site assessment plan shall describe in detail the procedures to determine the nature, extent and degree of hazardous waste contamination in the environment.

3. The site assessment plan shall be approved by the DEQ before implementation.

4. The site assessment shall be conducted and the results shall be submitted to the DEQ within the time limitations established by the DEQ.

5. The DEQ may request in writing that a site assessment plan be conducted. The DEQ will review a voluntarily submitted site assessment plan if the plan satisfies the requirements listed in subsections (D)(2) through (4).

Ariz. Admin. Code § R18-8-280

Adopted effective July 24, 1984 (Supp. 84-4). Amended subsection (B) effective June 27, 1985 (Supp. 85-3). Former Section R9-8-1880 renumbered as Section R18-8-280, and subsection (A) amended effective May 29, 1987 (Supp. 87-2). Amended subsection (B) effective December 1, 1988 (Supp. 88-4). Amended October 11, 1989 (Supp. 89-4). Amended effective October 6, 1992 (Supp. 92-4). Amended effective December 2, 1994 (Supp. 94-4). Amended effective June 13, 1996 (Supp. 96-2). Amended by final rulemaking at 25 A.A.R. 435, effective 2/5/2019. Amended by final rulemaking at 26 A. A. R. 2949, effective 11/3/2020.