Ariz. Admin. Code § 18-9-A204

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

Section R18-9-A204 - Contingency Plan

A. An individual permit shall specify a contingency plan that defines the actions to be taken if a discharge results in any of the following:

1. A violation of an Aquifer Water Quality Standard or an AQL,

2. A violation of a discharge limitation,

3. A violation of any other permit condition,

4. An alert level is exceeded, or

5. An imminent and substantial endangerment to the public health or the environment.

B. The contingency plan may include one or more of the following actions if a discharge results in any of the conditions described in subsection (A):

1. Verification sampling;

2. Notification to downstream or downgradient users who may be directly affected by the discharge;

3. Further monitoring that may include increased frequency, additional constituents, or additional monitoring locations;

4. Inspection, testing, operation, or maintenance of discharge control features at the facility;

5. Evaluation of the effectiveness of discharge control technology at the facility that may include technology upgrades;

6. Evaluation of pretreatment for sewage treatment facilities;

7. Preparation of a hydrogeologic study to assess the extent of soil, surface water, or aquifer impact;

8. Corrective action that includes any of the following measures:

a. Control of the source of an unauthorized discharge,

b. Soil cleanup,

c. Cleanup of affected surface waters,

d. Cleanup of affected parts of the aquifer, or

e. Mitigation measures to limit the impact of pollutants on existing uses of the aquifer.

C. A permittee shall not take a corrective action proposed under subsection (B)(8) unless the action is approved by the Department.

1. Emergency response provisions and corrective actions specifically identified in the contingency plan submitted with a permit application are subject to approval by the Department during the application review process.

2. The permittee may propose to the Department a corrective action other than those already identified in the contingency plan if a discharge results in any of the conditions identified in subsection (A).

3. The Department shall approve the proposed corrective action if the corrective action provides a plan and expedient time-frame to return the facility to compliance with the facility's permit conditions, A.R.S. Title 49, Chapter 2, and Articles 1 and 2 of this Chapter.

4. The Director may incorporate corrective actions into an Aquifer Protection Permit.

D. A contingency plan shall contain emergency response provisions to address an imminent and substantial endangerment to public health or the environment including:

1. Twenty-four hour emergency response measures;

2. The name of an emergency response coordinator responsible for implementing the contingency plan;

3. Immediate notification to the Department regarding any emergency response measure taken;

4. A list of people to contact, including names, addresses, and telephone numbers if an imminent and substantial endangerment to public health or the environment arises; and

5. A general description of the procedures, personnel, and equipment proposed to mitigate unauthorized discharges.

E. A permittee may amend a contingency plan required by the Federal Water Pollution Control Act ( P.L. 92-500; 86 Stat. 816; 33 U.S.C. 1251, et seq., as amended), or the Resource Conservation and Recovery Act of 1976 ( P.L. 94-580; 90 Stat. 2796; 42 U.S.C. 6901 et seq., as amended), to meet the requirements of this Section and submit it to the Department for approval instead of a separate aquifer protection contingency plan.

F. A permittee shall maintain at least one copy of the contingency plan required by the individual permit at the location where day-to-day decisions regarding the operation of the facility are made. A permittee shall advise all employees responsible for the operation of the facility of the location of the contingency plan.

G. A permittee shall promptly revise the contingency plan upon any change to the information contained in the plan.

Ariz. Admin. Code § R18-9-A204

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).