Statutes, codes, and regulations
Arizona Administrative Code
Title 18 - ENVIRONMENTAL QUALITYChapter 16 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM
Article 4 - REMEDY SELECTION
Section R18-16-414 - Determination of No Further Action

Ariz. Admin. Code § 18-16-414

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Current through Register Vol. 30, No. 50, December 13, 2024
Section R18-16-414 - Determination of No Further Action
A. The Department shall determine that no further action is necessary at a site or a portion of a site if, based upon the information submitted under A.R.S. § 49-287.01, the Department finds that the site or portion of the site does not present a significant risk to the public health, welfare, or the environment. The determination may be made by the Department based upon any of the following:
1. A finding by the Department that the requirements of A.R.S. § 49-152 and 18 A.A.C. 7, Article 2 have been met shall be sufficient to support a determination that no further action is necessary for soils at the site or a portion of the site.
2. A finding by the Department that no hazardous substances at the site or a portion of the site have impacted or will impact groundwater shall be sufficient to support a determination that the site or a portion of the site does not present a significant risk to groundwater.
3. The determination of no further action for waters of the state at a site or a portion of the site may be made by the Department based upon any of the following:
a. A finding that the site or portion of a site has been remediated under a Title 49 program other than A.R.S. Title 49, Chapter 2, Article 5.
b. A finding that the release of a hazardous substance does not and will not exceed water quality standards in Title 18, Chapter 11 or if there is no water quality standard, a risk level approved by the Department to protect public health, welfare, and the environment.
c. A finding that there is no current or reasonably foreseeable use of water that would be impaired by the release, as determined by information collected under R18-16-406.
B. A determination of no further action for a site or a portion of a site shall be published in the registry.
C. If the remedial action for which a no further action determination is sought under this Section has not been previously approved by the Department, the submittal under subsection (A) may be accompanied by a request for approval of the remedial action under R18-16-413.

Ariz. Admin. Code § R18-16-414

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