Ariz. Admin. Code § 18-7-503

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-7-503 - Deposit

A. At the time that an applicant submits a work plan under A.R.S. § 49-175 or a report under A.R.S. § 49-181, the applicant shall submit to the Department an initial deposit of $4,000.00.

B. The deposit shall be in the form of a company check, cashier's check, certified check, or money order made payable to the Arizona Department of Environmental Quality.

C. The Department shall begin review of the applicant's work plan or the report submitted under A.R.S. § 49-181 upon receipt of the initial deposit.

D. Upon receipt of the initial deposit, the Department shall establish a site-specific deposit account identified by a unique account number. The Department shall charge all incurred reimbursable costs attributable to the applicant's site against the site-specific deposit account.

E. If, at any time during the applicant's participation in the program, the balance in the site-specific deposit account falls below $1,000.00 and the Department reasonably estimates that the reimbursable costs chargeable to the account will exceed the amount available in the account, the Department shall mail or fax a written request that the applicant submit an additional deposit in an amount not to exceed $4,000.00. The Department may request any number of additional deposits, in amounts of $4,000.00 or less, at any time that the conditions of this subsection are met.

F. If any requested additional deposit is not received within 30 days after the Department mails or faxes the request in subsection (E) and the Department determines that the applicant's site specific account balance is insufficient to support continued program participation, the Department shall mail a written notice of deficiency under A.R.S. § 49-178 and shall notify the applicant that work on the site may be suspended until the additional deposit is received. If the Department does not receive the requested additional deposit within 60 days after the notice of deficiency is mailed or faxed and the applicant does not dispute the Department's determination that the site specific account balance is insufficient to support continued program participation, the Department may terminate the applicant's participation in the program. An applicant whose participation is terminated under this subsection may reapply to the program as provided in R18-7-502(E).

Ariz. Admin. Code § R18-7-503

New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, § 13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1).