Current through Register Vol. 30, No. 38, September 20, 2024
A.
The owner or operator of a temporary treatment facility shall treat and remove
all PCS from the temporary treatment facility within one year from the date of
commencement of receipt of PCS for treatment. PCS shall not be diluted to meet
any treatment requirement, except in accordance with the approved
plan.
B. A temporary treatment
facility shall obtain approval from the Department prior to commencing
construction or operation. In lieu of the requirements of
R18-13-1607(C),
an application for approval shall contain all of the following:
1. An affidavit signed by the owner or
operator of the temporary treatment facility which states that the facility
will comply with the requirements of this Article;
2. An affidavit that the proposed facility is
in compliance with local zoning requirements in effect at the time the
application is submitted;
3.
Application information required pursuant to A.R.S. §
49-762.03(C)
) for plan approval for temporary treatment facilities;
4. A vicinity map, in a scale not over
1:24,000, which shows where the facility is located with respect to the
surroundings, including an indication of the use of the adjacent
properties;
5. A site description
which includes general information on the geology, hydrogeology, soils, and
land use;
6. A background soil
sampling plan and results which characterize the site, including the rationale
used to determine the locations, depths and number of samples;
7. A site map, in a scale not to exceed
1:2,400, which clearly identifies where the PCS shall be deposited, containment
berms, fencing and security measures, access roads, any improvements, wells,
and location of surface water courses;
8. An operational plan which includes all of
the following:
a. General description of the
daily operations of the facility and the processes, techniques, or methods to
be employed;
b. The source, amount,
concentration of contaminants, and any other relevant information concerning
the PCS to be handled;
c. The
schedule for sampling the PCS during treatment to evaluate treatment
methods;
d. Description of plans
for final use and disposal of PCS and remediated soil, liners, piping, carbon
canisters, and any other contaminated equipment;
9. A closure and post-closure care plan which
includes both of the following:
a. A
description of the steps necessary to close the facility, the specific proposed
closure activities, and an implementation schedule;
b. A description of the sampling plan
utilized to sample background soil beneath the site following
closure.
C. A
temporary treatment facility shall not be operated for more than one year
unless a one-time extension is granted by the Department. The Department may
grant an extension of up to one additional year if all of the following are
met:
1. The inability to perform is caused by
events beyond the control of the owner or operator, including acts of God,
which include flood, tornado, earthquake, and causes beyond the owner's or
operator's control including fire, explosion, unforeseen strikes or work
stoppages, riot, sabotage, public enemy, war, requirements established by
courts of competent jurisdiction, and other governing law. Financial inability
to perform shall not be justification for an extension.
2. The owner and operator submits to the
Department verifiable documentation which includes all of the following:
a. A description of the circumstances causing
any delay;
b. Evidence of the
existence of the circumstance;
c. A
description of past, present, and future measures taken or to be taken by the
owner or operator to prevent or minimize any delay;
d. A timetable by which the owner and
operator will resume and complete required performance.
3. The request is received at least 60 days
prior to the expiration of the year in which the facility first received PCS.
Where the Department grants an extension, that extension shall be granted prior
to the expiration of the deadline and communicated to the owner or operator in
writing.
D. A temporary
treatment facility shall meet the design criteria as specified in
R18-13-1608
and
R18-13-1609(B).
E. PCS stored at a temporary treatment
facility prior to treatment shall be stored in accordance with the requirements
of
R18-13-1611.
F. In accordance with A.R.S. §
49-762(F),
a temporary treatment facility shall be exempt from the notice and public
hearing requirements set forth in A.R.S. §
49-762(L).
