Ariz. Admin. Code § 18-16-404

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

Section R18-16-404 - Community Involvement Requirements

A. The Department or any person who conducts remedial action work at a site on the registry shall conduct community involvement activities in accordance with the requirements of this Section.

B. If the Department has prepared a community involvement plan under subsection (C) or adopted a plan under subsection (D)(1), the Department or any person conducting remedial action work at a site on the registry shall conduct community involvement activities at the site according to the community involvement plan. If the Department has issued a notice under A.R.S. § 49-287.03 for a site, a person may conduct community involvement activities only under a written agreement with the Department. However, a person who submits a notice of remediation under R18-16-415(A) may conduct community involvement activities for the soil remediation described in the notice according to the community involvement plan prepared or adopted by the Department for the site without a written agreement.

C. Unless the Department determines that the necessary remedy at a site can be completed within 180 calendar days, the Department shall prepare and implement a community involvement plan prior to initiating or approving a work plan to implement the remedial investigation or a feasibility study under A.R.S. § 49-287.03. The community involvement plan shall: Unless the Department determines that the necessary remedy at a site can be completed within 180 calendar days, the Department shall prepare and implement a community involvement plan prior to initiating or approving a work plan to implement the remedial investigation or a feasibility study under A.R.S. § 49-287.03. The community involvement plan shall:

1. Be updated annually and shall provide information, if applicable, regarding the establishment of a selection committee and community advisory board. The plan also shall provide for the following required activities:

a. Notification to interested persons of the availability of the work plan developed under R18-16-406(B) to implement the remedial investigation and the solicitation of information from interested persons under R18-16-406(D) regarding the current and reasonably foreseeable uses of the land and waters of the state.

b. Notice to the public of the opportunity to comment on the draft remedial investigation report developed under R18-16-406(F) and public meetings to establish remedial objectives under R18-16-406(I).

c. Notice to the public of the opportunity to comment on remedial objectives proposed under R18-16-406(I)(5) and the availability of the final remedial investigation report prepared by the Department under R18-16-406(J).

d. Notification to interested persons of the availability of the work plan developed under R18-16-407(B) to implement the feasibility study.

e. Notice to the public and notification to interested persons of the availability of the proposed remedial action plan prepared under R18-16-408(A) and of the opportunity to comment on the proposed remedial action plan.

f. Notice to the public of the availability of the record of decision and responsiveness summary prepared by the Department under R18-16-410.

g. Notice to the public and notification to interested persons of availability of and opportunity to comment on the operation and maintenance plan prepared under R18-16-411(E).

h. Notice to the public and notification to interested persons of a request for approval of work under R18-16-413.

i. Newsletters to be distributed to residents and interested persons regarding the status of the remedial action and other pertinent information.

j. Notice within the community involvement area regarding public meetings to provide and discuss information regarding sites on the registry.

k. The location of and types of information contained in a public document repository.

l. Notice to the public and notification to interested persons of a request for a waiver under A.R.S. § 49-290.

m. Notice to the public of field work that is conducted to remove contaminants of concern or that may result in noise, light, odor, dust or other adverse impacts off of the site.

n. Notice to the public of a determination under R18-16-416(B).

o. Notice to the public of community advisory board meetings.

2. Describe the following procedures for conducting each of the required activities listed in subsection (C)(1).

a. Methods of notice and notification.

b. Identification of a spokesperson to inform the public and act as a liaison.

c. The means to identify interested persons to receive notices.

d. Coordination of community involvement activities with the Department for community involvement conducted by persons other than the Department.

3. In determining how the community involvement activities are to be implemented, the Department shall consider the following:

a. A community profile.

b. Assessment of community concerns and issues through community interviews, public comment, and other means.

c. Public health and environmental impacts.

D. If the Department has not provided notice under A.R.S. § 49-287.03(C) and has not prepared a community involvement plan under subsection (C) or adopted a plan under subsection (D)(1), a person who proposes to conduct remedial action work at a site on the registry shall either:

1. Prepare a community involvement plan for the site according to the requirements set forth in subsection (C) and submit a request under R18-16-413 for the Department to approve the plan and adopt it as the community involvement plan for the site. The Department may approve and adopt a community involvement plan if the plan complies with the requirements of subsection (C).

2. Conduct community involvement activities appropriate to the scope and schedule of the work performed including, as applicable, all of the following:

a. For field work conducted to remove contaminants of concern or that may result in noise, light, odor, dust and other adverse impacts off of the site, provide general public notice prior to conducting the work. The general public notice may be in the form of signage, direct mailing, door hangings, news articles, or any other form of notice that is distributed in an manner sufficient to reach those who may be impacted. The general public notice shall provide a general description of the field work and anticipated adverse impacts, and the name and telephone number of a person who may be contacted for information regarding the field work.

b. Prior to conducting a remedial action that will take more than 180 calendar days to complete, provide general notice regarding the nature of the action and establish a document repository accessible to the public where information regarding the site and the remedial action is available for review. The general notice may be in the form of fact sheets, newsletters, or news articles distributed by direct mailings, door hangings or any other method of distribution sufficient to reach or be accessible to local government agencies, persons within the community involvement area for the site and other persons who have requested information regarding the site. Notice to affected water providers shall be by direct mail. The general notice shall describe the nature and progress of the remedial action, the location of the repository, and provide the name and telephone number of a person who may be contacted for information regarding the remedial action. The document repository shall be accessible during normal business hours and shall contain all documents and information required to be prepared or maintained by this Article and any other documents and information deemed appropriate by the person conducting the work. An updated general notice shall be provided at least once per year while the remedial action is being conducted.

c. Comply with the process for establishing remedial objectives under R18-16-406(F) through R18-16-406(J).

d. Provide notice of the availability of the proposed remedial action plan prepared under R18-16-408 and convene a public meeting prior to the close of the public comment period to provide information concerning the proposed remedial action plan.

E. Copies of notices and notifications required under this Section shall be provided to the Department five days before publication, mailing, posting, or other distribution.

F. 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 § R18-16-404

New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.