Arizona Laws 49-252. Closure notification and approval
A. A person who owns or operates a dry well subject to this article or a groundwater protection permit facility as defined in Section 49-241.01, subsection C or a person who has been issued a permit pursuant to this article shall notify the director of the intent to permanently cease an activity for which the facility or a portion of the facility was designed or operated.
Terms Used In Arizona Laws 49-252
- Aquifer: means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring. See Arizona Laws 49-201
- Clean closure: means implementation of all actions specified in an aquifer protection permit, if any, as closure requirements, as well as elimination, to the greatest degree practicable, of any reasonable probability of further discharge from the facility and of either exceeding aquifer water quality standards at the applicable point of compliance or, if an aquifer water quality standard is exceeded at the time the permit is issued, causing further degradation of the aquifer at the applicable point of compliance as provided in section 49-243, subsection B, paragraph 3. See Arizona Laws 49-201
- Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
- Facility: means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice from which there is, or with reasonable probability may be, a discharge. See Arizona Laws 49-201
- Permit: means a written authorization issued by the director or prescribed by this chapter or in a rule adopted under this chapter stating the conditions and restrictions governing a discharge or governing the construction, operation or modification of a facility. See Arizona Laws 49-201
- Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
- Postclosure monitoring and maintenance: means those activities that are conducted after closure notification and that are necessary to:
(a) Keep the facility in compliance with either the aquifer water quality standards at the applicable point of compliance or, for any aquifer water quality standard that is exceeded at the time the aquifer protection permit is issued, the requirement to prevent the facility from further degrading the aquifer at the applicable point of compliance as provided under section 49-243, subsection B, paragraph 3. See Arizona Laws 49-201
- Well: means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension. See Arizona Laws 49-201
B. Within ninety days of the notification in subsection A of this section, the owner or operator shall submit a closure plan to the director.
C. Within sixty days of submittal of a complete closure plan, the director shall determine whether or not the closure plan is for a clean closure.
D. If the director determines that the closure plan is for a clean closure, the director shall send a letter of approval to the owner or operator and no aquifer protection permit shall be required.
E. If the director determines that the proposed closure plan achieves a closure condition other than clean closure, the owner or operator shall submit either an application for an aquifer protection permit or a request to modify a current aquifer protection permit in order to address closure activities and postclosure monitoring and maintenance at the facility. The director shall require submittal of a permit application or a request to modify a permit within ninety days or a reasonable time not to exceed one year, if the applicant can supply a scope of work justifying a schedule for collecting the technical information necessary to apply.