A. Except as provided in section 49-858, a facility that plans to manage special waste for treatment, storage or disposal shall apply for and obtain approval of the director.

Terms Used In Arizona Laws 49-857

  • Best management practices: means a method or combination of methods that is used in the treatment, storage and disposal of a special waste and that achieves the maximum practical cost effective protection of public health or the environment. See Arizona Laws 49-851
  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility plan: means any design or operating plan for a solid waste facility or group of solid waste facilities other than a permit issued under article 11 of this chapter. See Arizona Laws 49-701
  • processing: means the reduction, separation, recovery, conversion or recycling of solid waste. See Arizona Laws 49-701
  • Special waste: means a solid waste as defined in Section 49-701. See Arizona Laws 49-851
  • Storage: means the holding of special waste for a period of not more than one year unless a lesser period of time is designated by the director pursuant to best management practices rules. See Arizona Laws 49-851
  • Treatment: means any method, technique or process used to change the physical, chemical or biological character of solid waste so as to render that waste safer for transport, amenable for processing, amenable for storage or reduced in volume. See Arizona Laws 49-701

B. The application shall include all of the following:

1. A complete solid waste facility plan pursuant to section 49-762 that includes a special waste management plan component that complies with best management practices adopted pursuant to section 49-855 for each special waste for that portion of the facility that is engaged in the treatment, storage or disposal of special waste.

2. Evidence of compliance with permit filing requirements pursuant to this title.

C. The director shall collect from the applicant a reasonable fee based on the state’s total costs in processing the plan. The director may amend an existing rule or adopt a new rule to establish criteria for those costs. The rule making is exempt from Title 41, Chapter 6, except that the director shall provide for reasonable notice and a hearing. Monies from fees shall be deposited in the solid waste fee fund established by section 49-881.

D. A facility at which the treatment, storage or disposal of special waste occurs only as a result of an episodic release at that facility shall not be subject to the special waste management plan requirements of this section. The special waste shall be managed pursuant to applicable best management practices.

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