Ariz. Admin. Code § 18-12-222

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

Section R18-12-222 - Notification Requirements

A. An owner of an UST system shall comply with the notification requirements of this Section in accordance with those described in A.R.S. § 49-1002.

B. An owner shall submit the most current and complete information on each UST system at each facility utilizing the Departmental form titled "Notification for Underground Storage Tanks" ("Notification Form"). An owner shall submit a separate Notification Form to the Department for each facility which is owned. Submitted information shall include all of the following for each UST system:

1. Type of notification specifying one of the following:

a. New facility,

b. Amendment of previous Notification Form,

c. Closure.

2. The name and mailing address of the owner of the UST system;

3. Facility street address and the associated county assessor book, map, and parcel;

4. Type of owner, specifying whether government, commercial, or private;

5. Whether the UST system is located within Indian country;

6. Facility type;

7. The name and mailing address of the operator of the UST system;

8. Compliance with financial responsibility requirements in accordance with R18-12-300 through R18-12-325, and the mechanism or mechanisms used to demonstrate compliance;

9. Facility map including tanks and associated piping in addition to major structures;

10. Status of each UST system as one of the following:

a. Currently in use,

b. Temporarily out of use,

c. Permanently out of use.

11. Date of the UST system installation and date the UST system was first brought into operation;

12. Estimated total capacity of the tank;

13. Material of tank construction and method of corrosion protection for each UST system;

14. Date of tank repair or replacement, if tank has been repaired or replaced;

15. Material of piping construction and method of corrosion protection for each UST system;

16. Date of piping repair or any replacement, if piping has been repaired or replaced;

17. Type of piping delivery system;

18. Methods of leak detection currently in use for tank and piping;

19. Whether the UST system is connected to an emergency generator;

20. Substance currently or last stored in the UST system in greatest quantity by volume;

21. If the substance currently or last stored in the UST system is a hazardous substance, identification of the CERCLA name or Chemical Abstracts Service number;

22. If the substance currently or last stored in the UST system is a mixture of substances, identification of the constituents of the mixture;

23. Information on under dispenser containment including construction material, and date(s) of any repair, replacement or modification.

C. In addition to the information required in subsection (B), if an UST system is permanently closed, temporarily closed, or if a change-in-service has occurred, an owner shall provide all of the following:

1. The estimated date the UST system was last used, and the estimated date the UST system was permanently closed;

2. Identification of the UST system as one of the following:

a. Removed from the ground,

b. Closed in the ground and filled with inert solid materials and a description of those materials,

c. Completed change-in-service and a description of current use,

d. Temporarily closed,

e. Temporarily closed with a request for extension of temporary closure.

3. Whether an UST site assessment was completed;

4. Whether there was evidence of a leak.

D. An owner shall certify under penalty of law that the owner has personally examined and is familiar with the information submitted in the Notification Form and all attached documents, and that based either on direct knowledge or on inquiry of those individuals immediately responsible for obtaining the information, the owner believes that the submitted information is true, accurate, and complete. For a new or upgraded UST system, this certification shall include compliance with all the following requirements:

1. Installation of tanks and piping under R18-12-220(E) and (F);

2. Cathodic protection of steel tanks and piping under R18-12-220(B) and (C), or R18-12-221(F) through (H);

3. Spill and overfill protection under R18-12-220(D) or R18-12-221(I);

4. Release detection under R18-12-240 through R18-12-245;

5. Financial responsibility under R18-12-300 through R18-12-325.

E. An owner of a new or upgraded UST system shall ensure that the installer certifies on the Notification Form that to the best information and belief of the installer the items set forth in subsections (D)(1) through (4) are true and comply with R18-12-219 through R18-12-221.

F. Any request for an extension of temporary closure shall be made in accordance with R18-12-270.

G. In addition, an owner of an UST system shall notify the Department within 30 days after any one of the following occurs:

1. A change in the operator of the UST system;

2. Temporary closure in accordance with R18-12-270;

3. Return to active service following temporary closure in accordance with R18-12-270(A);

4. Permanent closure or change-in-service in accordance with R18-12-271 through R18-12-274;

5. A change in the contents of the UST system among the categories of regulated substances described in subsections (B)(20), (21), or (22);

6. A change in status of financial responsibility in accordance with R18-12-300 through R18-12-325.

H. In the case of a change of ownership of an UST system, one of the following shall occur:

1. When a vendor sells an UST system or a tank for use as an UST after May 8, 1986, the vendor shall inform the purchaser, on a form prescribed by the Department, that the Resource Conservation and Recovery Act (RCRA) requires owners of certain underground storage tanks to notify the Department within 30 days of the existence of the tank.

2. When a person transfers ownership of an UST system, both of the following shall occur:

a. The transferor shall inform the Department in writing of the transfer of its interest in the UST system including the name and address of the transferor and transferee, name and telephone number of the contact person for the transferee and effective date of the transfer. In addition, the transferor shall advise the transferee of the notification requirements of this Section, utilizing the form referenced in subsection (G)(1);

b. The transferee shall submit to the Department a completed Notification Form within 30 days of the transfer of interest.

I. Owners and operators of tanks partially excluded under R18-12-210(C) shall submit a Notification Form under this Section covering each partially excluded tank and provide the information in subsections (B)(1) through (B)(12), (B)(19), and (B)(20) of this Section. Owners and operators of tanks partially excluded under R18-12-210(C)(4) are not required to provide the information in subsection (B)(9).

Ariz. Admin. Code § R18-12-222

Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.