A. A facility that is in operation on the effective date of best management practices rules that are applicable to that facility and that are adopted by the director pursuant to section 49-855 and that manages wastes designated as special waste pursuant to this article for treatment, storage or disposal may continue to manage special waste for treatment, storage or disposal if all of the following conditions are met:

Terms Used In Arizona Laws 49-858

  • 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
  • County: means :

    (a) The board of supervisors in the context of the exercise of powers or duties. See Arizona Laws 49-701

  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • 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

1. Within sixty days after the effective date of adoption of the best management practices that are applicable to the facility, the facility submits a notice to the director that contains the following information:

(a) Facility name and mailing address.

(b) Legal description by township, range and section.

(c) Major design features.

(d) Type and volume of waste handled.

(e) Methods of waste management.

(f) Measures taken to protect the environment and measures taken to protect public health.

(g) A summary of permits from city, county, state and federal agencies.

2. The facility files an application containing the information required in section 49-857, subsection B within one hundred eighty days of the adoption of best management practices.

B. A generator may treat, store or dispose of special waste at a facility that is managed or operated by that generator and that is in operation on July 3, 1991 if the same conditions prescribed in subsection A of this section are met.

C. The process for plan approval and disapproval shall conform to Section 49-857.01.

D. The director shall collect from the applicant a reasonable fee based on the state’s total costs in processing the application. The director may amend an existing rule or adopt a new rule to establish criteria for those costs.