Ariz. Admin. Code § 18-16-403

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

Section R18-16-403 - Scope of Work, Fact Sheet, Outline of the Community Involvement Plan, and Notification of Availability

A. Unless the Department determines that the necessary remedy at a site can be completed within 180 calendar days, the Department shall prepare a scope of work for the remedial investigation and feasibility study, a fact sheet, and an outline of a community involvement plan for the site before the Department conducts a remedial investigation and feasibility study under A.R.S. § 49-287.03.

B. The scope of work for a remedial investigation shall generally describe the extent of the remedial investigation based upon site-specific conditions and information obtained from the preliminary investigation. The scope of work for a remedial investigation shall provide for the preparation of the following, as applicable:

1. Characterization of soil and vadose zone contamination, including identification of sources;

2. Characterization of groundwater contamination, including identification of sources;

3. Characterization of surface water contamination, including identification of sources;

4. Identification of actual and potential human and ecological receptors;

5. Identification of current and reasonably foreseeable uses of waters of the state that have been or are threatened to be impaired;

6. Identification of current and reasonably foreseeable land uses that have been or are threatened to be impaired;

7. Assessment of current risk to public health;

8. Assessment of ecological risk;

C. The scope of work for a feasibility study shall generally describe the process for conducting the feasibility study as prescribed in R18-16-407, and may specify additional work to be performed taking into account the information gathered in the remedial investigation.

D. The fact sheet shall include, at a minimum, all of the following:

1. A brief history of the site;

2. A general description of the results of the preliminary investigation, including the known extent of contamination;

3. The site's score determined under R18-16-202;

4. General information regarding the potential risk of and routes of exposure to the contaminants at the site; and

5. The Department personnel to be contacted for further information regarding the site.

E. The outline of a community involvement plan shall generally describe the activities which will be included in the community involvement plan as required by A.R.S. § 49-289.03 and R18-16-404(C).

F. The Department shall provide written notice of the availability of the scope of work, the fact sheet, and the outline of the community involvement plan as required under A.R.S. § 49-287.03(C) to each person who, according to information available to the Department, may be liable for remedial actions. The notice shall state that any person, by written agreement with the Department may develop and implement a remedial investigation work plan or a feasibility study work plan for a site or a portion of a site under R18-16-406 or R18-16-407. The notice shall be provided in accordance with R18-16-301.

G. The Department shall publish the newspaper notice required by A.R.S. § 49-287.03(C) and shall provide written notice by mail or other delivery to residents, owners or operators of facilities being investigated, commercial occupants, affected water providers and owners of known wells within the community involvement area of the availability of the scope of work, the fact sheet, and the outline of the community involvement plan. These notices shall comply with R18-16-301. These notices shall also provide an opportunity for a public meeting. If the remedial investigation is being performed within one year of the scoring of the site under A.R.S. § 49-287.01, the notices required by this Section may be combined with the notice required by A.R.S. § 49-289.02.

H. Before implementing a work plan for a remedial investigation or feasibility study, the Department shall prepare a responsiveness summary addressing any public comments on the scope of work as required under A.R.S. § 49-287.03(D).

I. Community involvement under this Article shall comply with Article 3 of this Chapter, except that the community involvement plan may provide for additional requirements.

Ariz. Admin. Code § R18-16-403

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