Ariz. Admin. Code § 18-9-A209

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

Section R18-9-A209 - Temporary Cessation, Closure, Post-closure

A. Temporary cessation.

1. A permittee shall notify the Department before a cessation of operations at the facility of at least 60 days duration.

2. The permittee shall implement any condition specified in the individual permit for the temporary cessation.

3. If the permit does not specify any temporary cessation condition, the permittee shall, prior to implementation, submit the proposed temporary cessation plan for Department approval.

B. Closure.

1. Before providing notice under subsection (B)(2), a person may request that the Director review a site investigation plan for a facility under subsection (B)(3)(a) or the results of a site investigation at a facility to determine compliance with this subsection and A.R.S. § 49-252.

2. A person shall notify the Department of the person's intent to cease operations without resuming an activity for which the facility was designed or operated.

3. The person shall submit a closure plan for Director approval within 90 days following the notification of intent to cease operations with the applicable fee established in 18 A.A.C. 14. A complete closure plan shall include:

a. A site investigation plan that includes a summary of relevant site studies already conducted and a proposed scope of work for any additional site investigation necessary to identify:

i. The lateral and vertical extent of contamination in soils and groundwater, using applicable standards;

ii. The approximate quantity and chemical, biological, and physical characteristics of each waste, contaminated water, or contaminated soil proposed for removal from the facility;

iii. The approximate quantity and chemical, biological, and physical characteristics of each waste, contaminated water, or contaminated soil that will remain at the facility; and

iv. Information regarding site conditions related to pollutant fate and transport that may influence the scope of sampling necessary to characterize the site for closure;

b. A summary describing the results of a site investigation and any other information used to identify:

i. The lateral and vertical extent of soil and groundwater contamination, using applicable standards, and the analytical results that support the determination;

ii. The approximate quantity and chemical, biological, and physical characteristics of each material scheduled for removal;

iii. The destination of the materials and documentation that the destination is approved to accept the materials;

iv. The approximate quantity and chemical, biological, and physical characteristics of each material that remains at the facility; and

v. Any other relevant information the Department determines is necessary;

c. A closure design that identifies:

i. The method used, if any, to treat any material remaining at the facility;

ii. The method used to control the discharge of pollutants from the facility;

iii. Any limitation on future land or water uses created as a result of the facility's operations or closure activities and a Declaration of Environmental Use Restriction according to A.R.S. § 49-152, if necessary; and

iv. The methods used to secure the facility;

d. An estimate of the cost of closure;

e. A schedule for implementation of the closure plan and submission of a post-closure plan if clean closure is not achieved; and

f. For an implemented closure plan, a summary report of the results of site investigation performed during closure activities, including confirmation and verification sampling.

4. Within 60 days of receipt of a complete closure plan, the Department shall determine whether the closure plan achieves clean closure.

a. If the implemented complete closure plan achieves clean closure, the Director shall:

i. If the facility is not covered by an Aquifer Protection Permit, send the person a letter of approval; or

ii. If the facility is covered by an Aquifer Protection Permit, send the person a Permit Release Notice issued under subsection (C)(2)(c).

b. If the implemented complete closure plan did not achieve clean closure, the person shall submit a post-closure plan under subsection (C) and the following documents within 90 days from the date on the Department's notice or as specified under A.R.S. § 49-252(E):

i. An application for an individual permit, or

ii. A request to amend a current individual permit to address closure activities and post-closure monitoring and maintenance at the facility.

C. Post-closure. A person shall describe post-closure monitoring and maintenance activities in an application for a permit or an amendment to an individual permit and submit it to the Department for approval.

1. The application shall include:

a. The duration of post-closure care;

b. The monitoring procedures proposed by the permittee, including monitoring frequency, type, and location;

c. A description of the operating and maintenance procedures proposed for maintaining aquifer quality protection devices, such as liners, treatment systems, pump-back systems, surface water and stormwater management systems, and monitoring wells;

d. A schedule and description of physical inspections proposed at the facility following closure;

e. An estimate of the cost of post-closure maintenance and monitoring;

f. A description of limitations on future land or water uses, or both, at the facility site as a result of facility operations; and

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

2. The Director shall include the post-closure plan submitted under subsection (C)(1) in the individual permit or permit amendment.

a. The permittee shall provide the Department written notice that a closure plan or a post-closure plan was fully implemented within 30 calendar days of implementation of the plan. The notice shall include a summary report confirming the closure design and describing the results of sampling performed during closure activities and post-closure activities, if any, to demonstrate the level of cleanup achieved.

b. The Director may, upon receipt of the notice, inspect the facility to ensure that the closure plan has been fully implemented.

c. The Director shall issue a Permit Release Notice if the permittee satisfies all closure and post-closure requirements.

Ariz. Admin. Code § R18-9-A209

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).