Ariz. Admin. Code § 18-9-A201

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

Section R18-9-A201 - Individual Permit Application

A. An individual permit application covers one or more of the following categories:

1. Drywell,

2. Industrial,

3. Mining,

4. Wastewater,

5. Solid waste disposal, or

6. Land treatment facility.

B. An applicant for an individual permit shall provide the Department with:

1. The following information on an application form:

a. The name and mailing address of the applicant;

b. The name and mailing address of the owner of the facility;

c. The name and mailing address of the operator of the facility;

d. The legal description, including latitude and longitude, of the location of the facility;

e. The expected operational life of the facility; and

f. The permit number for any other federal or state environmental permit issued to the applicant for that facility or site.

2. A copy of the certificate of disclosure required by A.R.S. § 49-109;

3. Evidence that the facility complies with applicable municipal or county zoning ordinances, codes, and regulations;

4. Two copies of the technical information required in R18-9-A202(A);

5. Cost estimates for facility construction, operation, maintenance, closure, and post-closure as follows.

a. The applicant shall ensure that the cost estimates are derived by an engineer, controller, or accountant using competitive bids, construction plan take-off's, specifications, operating history for similar facilities, or other appropriate sources, as applicable.

b. The following cost estimates that are representative of regional fair market costs:

i. The cost of closure estimate under R18-9-A209(B)(2), consistent with the closure plan or strategy submitted under R18-9-A202(A)(10);

ii. The estimated cost of post-closure monitoring and maintenance under R18-9-A209(C), consistent with the post-closure plan or strategy submitted under R18-9-A202(A)(10); and

iii. For a sewage treatment facility or utility subject to Title 40 of the Arizona Revised Statutes, the operation and maintenance costs of those elements of the facility used to make the demonstration under A.R.S. § 49-243(B);

6. For a sewage treatment facility:

a. Documentation that the sewage treatment facility or expansion conforms with the Certified Areawide Water Quality Management Plan and the Facility Plan, and

b. The additional information required in R18-9-B202 and R18-9-B203;

7. Certification in writing that the information submitted in the application is true and accurate to the best of the applicant's knowledge; and

8. The applicable fee established in 18 A.A.C. 14.

C. Special provision for an underground storage facility as defined in A.R.S. § 45-802.01(21). A person applying for an individual permit for an underground storage facility shall submit the information described in R18-9-A201 through R18-9-A203, except for the BADCT information specified in R18-9-A202(A)(5).

1. Upon receipt of the application, the Department shall process the application in coordination with the underground storage facility permit process administered by the Department of Water Resources.

2. The Department shall advise the Department of Water Resources of each permit application received.

D. Pre-application conference. Upon request of the applicant, the Department shall schedule and hold a pre-application conference with the applicant to discuss any requirements in Articles 1 and 2 of this Chapter.

E. Draft permit. The Department shall provide the applicant with a draft of the individual permit before publication of the Notice of Preliminary Decision specified in R18-9-109.

F. Permit duration. Except for a temporary permit, an individual permit is valid for the operational life of the facility and any period during which the facility is subject to a post-closure plan under R18-9-A209(C).

G. Permit issuance or denial.

1. The Director shall issue an individual permit, based upon the information obtained by or made available to the Department, if the Director determines that the applicant will comply with A.R.S. §§ 49-241 through 49-252 and Articles 1 and 2 of this Chapter.

2. The Director shall provide the applicant with written notification of the final decision to issue or deny the permit within the overall licensing time-frame requirements under 18 A.A.C. 1, Article 5, Table 10 and the following:

a. The applicant's right to appeal the final permit determination, including the number of days the applicant has to file a protest and the name and telephone number of the Department contact person who can answer questions regarding the appeals process;

b. If the permit is denied under R18-9-A213(B), the reason for the denial with reference to the statute or rule on which the denial is based; and

c. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

Ariz. Admin. Code § R18-9-A201

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).