Ariz. Admin. Code § 18-16-410

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

Section R18-16-410 - Record of Decision

A. After the conclusion of all required public comment periods prescribed by A.R.S. § 49-287.04, the Department shall prepare a record of decision regarding the proposed remedial action plan. However, any person may prepare a proposed record of decision for consideration by the Department under R18-16-413 by submitting copies of the final remedial investigation report, the final feasibility study report, the proposed remedial action plan, all public comments and a proposed record of decision.

B. The record of decision shall contain the following:

1. A description of the remedy, including a description of any differences from the proposed remedial action plan.

2. A comprehensive responsiveness summary regarding all comments received on the proposed remedial action plan.

3. A description of how the process for selecting the remedy complied with A.R.S. Title 49, Chapter 2, Article 5 and this Article, including all public comment and community involvement requirements.

4. A demonstration that the remedy selected will achieve the remedial objectives selected in R18-16-406 and will remain in place as long as necessary to ensure continued achievement of those objectives.

5. A demonstration that the remedy selected meets the requirements of A.R.S. § 49-282.06 and this Article.

6. A time for commencing implementation of the remedy and a specific time period for completing the remedy.

7. The total estimated cost of the remedy.

8. A time-frame for review of the remedy to determine the effectiveness of the remedy in achieving the remedial objectives.

C. The total estimated cost of the remedy shall include:

1. Remedial action costs other than nonrecoverable costs incurred by the Department, including credit given in a settlement.

2. Remedial action costs other than nonrecoverable costs incurred by the state.

3. Remedial action costs other than nonrecoverable costs that have been approved by the Department under R18-16-409.

4. Projected future remedial action costs other than nonrecoverable costs.

D. The record of decision shall be issued only by the Department. Notice of the record of decision shall be provided under A.R.S. § 49-287.04(G) and R18-16-404.

E. A record of decision may be amended in accordance with A.R.S. § 49-289(B), (C), and (D).

Ariz. Admin. Code § R18-16-410

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