Ariz. Admin. Code § 18-12-263.04

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

Section R18-12-263.04 - Groundwater LUST Case Closures

A. Applicability. Pursuant to A.R.S. § 49-1005(E), the Director may approve a corrective action that may result in aquifer water quality exceeding aquifer water quality standards established under A.R.S. § 49-223 after completion of the corrective action, if, in addition to complying with the other corrective action requirements in this Article, the corrective action:

1. Includes a Tier 2 or Tier 3 evaluation performed in accordance with R18-12-263.01(A)(2) or (3), and (4); or

2. Complies with the process described in subsections (B) through (F).

B. Site-specific requirements. The Director may approve LUST case closure where there is an exceedance of an aquifer water quality standard without requiring the placement of institutional controls on the deeds of all properties affected by the groundwater contamination related to the UST release, after consideration of the following:

1. Characterization of the groundwater plume,

2. Removal or control of the source of contamination,

3. Groundwater plume stability,

4. Natural attenuation,

5. Threatened or impacted drinking water wells,

6. Other exposure pathways,

7. Requirements of A.R.S. § 49-1005(D) and (E), and

8. Other information that is pertinent to the LUST case closure approval.

C. Public notice. If, after consideration of the criteria specified in subsection (B), the Department determines that the LUST site is eligible for LUST case closure, the Department shall provide public notice in accordance with R18-12-264.01.

D. Conditions for approval of LUST case closure. After consideration of comments obtained through the public notice process, the Department shall evaluate whether the LUST case meets the requirements of this Section and A.R.S. § 49-1005; and determine if the LUST case closure can be approved.

E. Notice of LUST case closure decision. The Department shall provide written notice to the owner or operator and any commenter whether the LUST case closure is approved or denied.

F. Future corrective actions. Subsequent to LUST case closure, if the Department becomes aware of site-specific conditions that warrant additional corrective actions, the LUST case file may be re-opened. Future corrective actions shall be performed as follows:

1. If a no further action letter has not been issued for the release or has been rescinded, the UST owner or operator shall perform additional corrective actions necessary to comply with the requirements of R18-12-261 through R18-12-264.01; or

2. If a no further action letter issued by the Department is in effect, the additional corrective actions shall be performed by the Department in accordance with A.R.S. § 49-1017.

Ariz. Admin. Code § R18-12-263.04

New Section made by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.