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TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 13. DEPARTMENT OF ENVIRONMENTAL QUALITY
SOLID WASTE MANAGEMENT


Supp. 12-2

Editor’s Note: The Office of the Secretary of State publishes all Chapters on white paper (Supp. 01-2).

Editor’s Note: This Chapter contains rules which were adopted under an exemption from the provisions of the Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to A.R.S. § 49-701.01(C)(1) and (2). Exemption from A.R.S. Title 41, Chapter 6 means that the Department did not submit these rules to the Governor’s Regulatory Review Council for review; the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the Department was not required to hold public hearings on these rules.

ARTICLE 1. RESERVED

ARTICLE 2. SOLID WASTE DEFINITIONS; EXEMPTIONS

Article 2, consisting of Section R18-13-201, adopted effective July 27, 1998, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 98-3).

Section

R18-13-201. Land Application of Biosolids Exemption

R18-13-202. Coal Slurry Discharges from Pipeline Leaks Exemption

ARTICLE 3. REFUSE AND OTHER OBJECTIONABLE WASTES

Title 18, Chapter 13, Article 3, consisting of Sections R18-13-301 through R18-13-312, recodified from Title 18, Chapter 8, Article 5, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Section

R18-13-301. Reserved

R18-13-302. Definitions

R18-13-303. Responsibility

R18-13-304. Inspection

R18-13-305. Collection Required

R18-13-306. Notices

R18-13-307. Storage

R18-13-308. Frequency of Collection

R18-13-309. Place of Collection

R18-13-310. Vehicles

R18-13-311. Disposal; General

R18-13-312. Methods of Disposal

ARTICLE 4. RESERVED

ARTICLE 5. REQUIREMENTS FOR SOLID WASTE FACILITIES SUBJECT TO SELF-CERTIFICATION

Article 5, consisting of Section R18-13-501, made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

Section

R18-13-501. Solid Waste Facilities Requiring Self-Certification; Registration Fees

ARTICLE 6. RESERVED

ARTICLE 7. SOLID WASTE FACILITY PLAN
REVIEW FEES

Article 7, consisting of Sections R18-13-701 through R18-13-703, adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4).

Section

R18-13-701. Definitions

R18-13-702. Solid Waste Facility Plan Review Fees

R18-13-703. Review of Bill

R18-13-704. Repealed

R18-13-705. Repealed

R18-13-706. Repealed

ARTICLE 8. GENERAL PERMITS

Article 8, consisting of Section R18-13-801, made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

Section

R18-13-801. General Permit Fees

ARTICLE 9. SOLID WASTE MANAGEMENT PLANNING

Title 18, Chapter 13, Article 9, consisting of Section R18-13-902, recodified from Title 18, Chapter 8, Article 4, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Section

R18-13-901. Reserved

R18-13-902. Regional Boundaries

ARTICLE 10. RESERVED

ARTICLE 11. COLLECTION, TRANSPORTATION, AND DISPOSAL OF HUMAN EXCRETA

Article 11 recodified from existing Sections in 18 A.A.C. 8, Article 6 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Section

R18-13-1101. Reserved

R18-13-1102. Definitions

R18-13-1103. General Requirements; License Fees

R18-13-1104. Repealed

R18-13-1105. Reserved

R18-13-1106. Inspection

R18-13-1107. Reserved

R18-13-1108. Repealed

R18-13-1109. Reserved

R18-13-1110. Reserved

R18-13-1111. Reserved

R18-13-1112. Sanitary Requirements

R18-13-1113. Repealed

R18-13-1114. Repealed

R18-13-1115. Repealed

R18-13-1116. Suspension and Revocation

R18-13-1117. Reinstatement

R18-13-1118. Repealed

R18-13-1119. Repealed

R18-13-1120. Repealed

ARTICLE 12. WASTE TIRES

Title 18, Chapter 13, Article 12, consisting of Sections R18-13-1201 through R18-13-1210, recodified from Title 18, Chapter 8, Article 7, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Section

R18-13-1201. Definitions

R18-13-1202. Burial of Mining Waste Tires

R18-13-1203. Cover Requirements

R18-13-1204. Annual Report

R18-13-1205. Burial Cell Closure Certification

R18-13-1206. Storage

R18-13-1207. Maintenance of Records

R18-13-1208. Inspections

R18-13-1209. Repealed

R18-13-1210. Waste Tire Cover

R18-13-1211. Registration of New Waste Tire Collection Sites; Fee

R18-13-1212. Registration of Outdoor Used Tire Sites; Fee

R18-13-1213. Facilities Subject to More Than One Tire Site Registration; Single Fee

ARTICLE 13. SPECIAL WASTE

Title 18, Chapter 13, Article 13, consisting of Sections R18-13-1301 through R18-13-307, Table A, Exhibit 1, and Appendices A and B, recodified from Title 18, Chapter 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Section

R18-13-1301. Definitions

R18-13-1302. Special Waste Generator Manifesting Requirements

R18-13-1303. Special Waste Shipper Manifesting Requirements

R18-13-1304. Special Waste Receiving Facility Manifesting Requirements

R18-13-1305. Records

R18-13-1306. Reserved

R18-13-1307. Best Management Practices for Waste from Shredding Motor Vehicles

Table A. Target Analyses and Sampling Frequency

Exhibit 1. Selection of Sample Points, Shredder Waste Pile

Appendix A. Application for Arizona Special Waste Identification Number

Appendix B. Special Waste Manifest

ARTICLE 14. BIOHAZARDOUS MEDICAL WASTE AND DISCARDED DRUGS

Article 14, consisting of Sections R18-13-1401 through R18-13-1420, adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

Section

R18-13-1401. Definitions

R18-13-1402. Applicability

R18-13-1403. Exemptions; Partial Exemptions

R18-13-1404. Transition and Compliance Dates

R18-13-1405. Biohazardous Medical Waste Treated On Site

R18-13-1406. Biohazardous Medical Waste Transported Off Site for Treatment

R18-13-1407. Packaging

R18-13-1408. Storage

R18-13-1409. Transportation; Transporter License; Annual Fee

R18-13-1410. Storage, Transfer, Treatment, and Disposal Facilities; Facility Plan Approval

R18-13-1411. Storage and Transfer Facilities; Design and Operation

R18-13-1412. Treatment Facilities; Design and Operation

R18-13-1413. Changes to Approved Medical Waste Facility Plans

R18-13-1414. Alternative Medical Waste Treatment Methods: Registration and Equipment Specifications

R18-13-1415. Treatment Standards, Quantification of Microbial Inactivation and Efficacy Testing Protocols

R18-13-1416. Recycled Materials

R18-13-1417. Disposal Facilities: Operation

R18-13-1418. Discarded Drugs

R18-13-1419. Medical Sharps

R18-13-1420. Additional Handling Requirements for Certain Wastes

ARTICLE 15. RECODIFIED

Editor’s Note: The recodification at 7 A.A.R. 2522 described below erroneously moved Sections into 18 A.A.C. 9, Article 9. Those Sections were actually recodified to 18 A.A.C. 9, Article 10. See the Historical Notes for more information (Supp. 01-4).

Article 15, consisting of Sections R18-13-1501 through R18-13-1514 and Appendix A, recodified to 18 A.A.C. 9, Article 9 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2).

Article 15, consisting of Sections R18-13-1501 through R18-13-1514 and Appendix A, adopted effective April 23, 1996 (Supp. 96-2).

Section

R18-13-1501. Recodified

R18-13-1502. Recodified

R18-13-1503. Recodified

R18-13-1504. Recodified

R18-13-1505. Recodified

R18-13-1506. Recodified

R18-13-1507. Recodified

R18-13-1508. Recodified

R18-13-1509. Recodified

R18-13-1510. Recodified

R18-13-1511. Recodified

R18-13-1512. Recodified

R18-13-1513. Recodified

R18-13-1514. Recodified

Appendix A. Recodified

ARTICLE 16. BEST MANAGEMENT PRACTICES FOR PETROLEUM CONTAMINATED SOIL

Article 16, consisting of Sections R18-13-1601 through R18-13-1614, recodified from 18 A.A.C. 8, Article 16 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Section

R18-13-1601. Definitions

R18-13-1602. Applicability

R18-13-1603. Exemptions

R18-13-1604. Waste Determination

R18-13-1605. Transportation

R18-13-1606. Fees

R18-13-1607. Facility Approval; Application

R18-13-1608. General Design and Performance Standards

R18-13-1609. Treatment Facility

R18-13-1610. Temporary Treatment Facility

R18-13-1611. Storage Facility

R18-13-1612. Accumulation Sites

R18-13-1613. Disposal

R18-13-1614. Records

ARTICLE 17. RESERVED

ARTICLE 18. RESERVED

ARTICLE 19. RESERVED

ARTICLE 20. RESERVED

ARTICLE 21. SOLID WASTE LANDFILL
REGISTRATION FEES

Article 21, consisting of Sections R18-13-2101 through R18-13-2103, made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2).

Section

R18-13-2101. Definitions

R18-13-2102. Annual Registration Fee for an Existing Solid Waste Landfill

R18-13-2103. Annual Landfill Registration: Due Date and Fees

ARTICLE 22. RESERVED

ARTICLE 23. RESERVED

ARTICLE 24. RESERVED

ARTICLE 25. RECYCLING

Article 25, consisting of Section R18-13-2501, adopted by final rulemaking at 5 A.A.R. 4654, effective November 15, 1999 (Supp. 99-4).

Section

R18-13-2501. Recycling Emblem Description and Usage

ARTICLE 26. Expired

Article 26, consisting of Sections R18-13-2601 through R18-13-2604, expired at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

Article 26, consisting of Sections R18-13-2601 through R18-13-2604, made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4).

Section

R18-13-2601. Expired

R18-13-2602. Expired

R18-13-2603. Expired

R18-13-2604. Expired

ARTICLE 27. SOLD WASTE FEES FOR FY 2011

Article 27 consisting of Sections R18-13-2701 through R18-13-2703, made by exempt rulemaking at 16 A.A.R. 848, effective July 1, 2010 (Supp. 10-2).

Section

R18-13-2701. Special Waste Management Fees for Fiscal Year 2011

R18-13-2702. Increased Landfill Registration Fees for Fiscal Year 2011

R18-13-2703. Solid Waste Facility Plan Review Fees for Fiscal Year 2011

ARTICLE 1. RESERVED

Editor’s Note: Article 2, consisting of Section R18-13-201, was adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 49-701.01(C)(1) and (2). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit the rules to the Governor’s Regulatory Review Council for review; and the Department was not required to hold public hearings on this Section (Supp. 98-3).

ARTICLE 2. SOLID WASTE DEFINITIONS; EXEMPTIONS

Editor’s Note: The following Section was adopted under an exemption from the provisions of the Administrative Procedure Act which means that these rules were not reviewed by the Governor’s Regulatory Review Council; the agency did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the agency was not required to hold public hearings on these rules (Supp. 98-3).

R18-13-201. Land Application of Biosolids Exemption

A. This Section applies only to biosolids as defined in R18-13-1501(7). The land application of biosolids, when placed on or applied to the land in full conformity with 18 A.A.C. 13, Article 15 and A.R.S. § 49-761(F), and if the site of land application has ceased to receive application of biosolids and all applicable site restrictions set by 18 A.A.C. have been satisfied, is exempt statewide from the definition of solid waste found at A.R.S. § 49-701.01(A). This exemption applies only when the biosolids and the soil to which it has been applied remain at the site of the application.

B. This exemption does not alter or set any new standard for the soil remediation standards found at 18 A.A.C. 7, Article 2.

Historical Note

Adopted under and exemption from A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 49-701.01(C)(1) and (2), effective July 27, 1998 (Supp. 98-3). Amended by exempt rulemaking at 5 A.A.R. 4004, effective September 17, 1999 (Supp. 99-3).

R18-13-202. Coal Slurry Discharges from Pipeline Leaks Exemption

This Section applies only to coal slurry discharges onto the ground from pipeline leaks. Coal slurry discharges onto the ground from pipeline leaks are exempt statewide from the definition of solid waste prescribed in A.R.S. § 49-701.01(A) if both of the following conditions are met:

1. The discharge was the result of an accidental pipeline leak.

2. The thickness of the layer of coal slurry on the ground that resulted from the discharge is 3 inches or less.

Historical Note

New Section adopted by exempt rulemaking at 5 A.A.R. 4004, effective September 17, 1999 (Supp. 99-3).

ARTICLE 3. REFUSE AND OTHER OBJECTIONABLE WASTES

R18-13-301. Reserved

R18-13-302. Definitions

A. “Approved” means acceptable to the Department.

B. “Ashes” means residue from the burning of any combustible material.

C. “Department” means the Department of Environmental Quality or a local health department designated by the Department of Environmental Quality.

D. “Garbage” means all animal and vegetable wastes resulting from the processing, handling, preparation, cooking, and serving of food or food materials.

E. “Manure” means animal excreta, including cleanings from barns, stables, corrals, pens, or conveyances used for stabling, transporting, or penning of animals or fowls.

F. “Person” means the state, a municipality, district or other political subdivision, a cooperative, institution, corporation, company, firm, partnership or individual.

G. “Refuse” means all putrescible and nonputrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, manure, street cleanings, dead animals, abandoned automobiles, and industrial wastes.

H. “Rubbish” means nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, waste metal, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

Historical Note

Section recodified from A.A.C. R18-8-502, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-303. Responsibility

A. The owner, agent, or the occupant of any premises, business establishment, or industry shall be responsible for the sanitary condition of said premises, business establishment, or industry. No person shall place, deposit, or allow to be placed or deposited on his premises or on any public street, road, or alley any refuse or other objectionable waste, except in a manner described in these rules.

B. The owner, agent, or the occupant of any premises, business establishment, or industry shall be responsible for the storage and disposal of all refuse accumulated, by a method or methods described in these rules.

C. The collection and disposal of all refuse not acceptable for collection by a collection agency is the responsibility of each occupant, business establishment, or industry where such refuse accumulates, and all such refuse shall be stored, collected, and disposed of in a manner approved by the Department.

D. All dangerous materials and substances shall, where necessary, be rendered harmless prior to collection and disposal.

Historical Note

Section recodified from A.A.C. R18-8-503, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-304. Inspection

Representatives of the Department shall make such inspections of any premises, container, process, equipment, or vehicle used for collection, storage, transportation, disposal, or reclamation or refuse as are necessary to ensure compliance with these rules.

Historical Note

Section recodified from A.A.C. R18-8-504, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-305. Collection Required

A. Where refuse collection service is available, the following refuse shall be required to be collected: Garbage, ashes, rubbish, and small dead animals which do not exceed 75 pounds in weight.

B. The following refuse is not considered acceptable for collection but may be collected at the discretion of the collection agency where special facilities or equipment required for the collection and disposal of such wastes are provided:

1. Dangerous materials or substances, such as poisons, acids, caustics, infected materials, radioactive materials, and explosives.

2. Materials resulting from the repair, excavation, or construction of buildings and structures.

3. Solid wastes resulting from industrial processes.

4. Animals exceeding 75 pounds in weight, condemned animals, animals from a slaughterhouse, or other animals normally considered industrial waste.

5. Manure.

Historical Note

Section recodified from A.A.C. R18-8-505, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-306. Notices

A. All collection agencies shall provide each householder, or business establishment served, with a copy of the requirements governing the storage and collection of refuse which shall cover at least the following items:

1. Definitions.

2. Places to be served.

3. Places not to be served.

4. Scheduled day or days of collection.

5. Materials acceptable for collection.

6. Materials not acceptable for collection.

7. Preparation of refuse for collection.

8. Types and size of containers permitted.

9. Points from which collections will be made.

10. Necessary safeguards for collectors.

B. All such notices governing storage and collection shall conform to these rules.

Historical Note

Section recodified from A.A.C. R18-8-506, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-307. Storage

A. All refuse shall be stored in accordance with the requirements of this Section. The owner, agent, or occupant of every dwelling, business establishment, or other premises where refuse accumulates shall provide a sufficient number of suitable and approved containers for receiving and storing of refuse, and shall keep all refuse therein, except as otherwise provided by this Chapter.

B. Garbage shall be stored in durable, rust resistant, nonabsorbent, watertight, and easily cleanable containers, with close fitting covers and having adequate handles or bails to facilitate handling. The size of the container shall be determined by the collection agency.

C. Rubbish and ashes shall be stored in durable containers. Bulky rubbish such as tree trimmings, newspapers, weeds, and large cardboard boxes shall be handled as directed by the collection agency. Where garbage separation is not required, containers for the storage of mixed rubbish and garbage shall meet the requirements specified in subsection (B) above.

D. Containers for the storage of refuse shall be maintained in such a manner as to prevent the creation of a nuisance or a menace to public health. Containers that are broken or otherwise fail to meet the requirements of the rules shall be replaced, by the owner of said containers, with approved containers.

E. Manure and droppings shall be removed from pens, stables, yards, cages, conveyances, and other enclosures as often as necessary to prevent a health hazard or the creation of a nuisance. All material removed shall be handled and stored in a manner that will maintain the premises nuisance free.

Historical Note

Section recodified from A.A.C. R18-8-507, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-308. Frequency of Collection

A. The frequency of collection shall be in accordance with rules of the collection agency but not less than that shown in the following schedules:

1. Garbage only -- twice weekly.

2. Refuse with garbage -- twice weekly.

3. Rubbish and ashes -- as often as necessary to prevent nuisances and fly breeding.

B. A variance from the required frequency rate may be granted to allow for the collection of garbage once weekly. The variance may be granted by the Department of Environmental Quality upon submission of an acceptable plan approved by the local health department demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical, or mechanical means. The variance may be revoked whenever the Department of Environmental Quality determines that the circumstances warranting the variance no longer exist.

Historical Note

Section recodified from A.A.C. R18-8-508, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-309. Place of Collection

A. All refuse shall be properly placed on the premises for convenient collection as designated by the collection agency.

B. Where alleys are provided, collection shall be made on the alley side of the premises.

Historical Note

Section recodified from A.A.C. R18-8-509, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-310. Vehicles

A. Vehicles used for collection and transportation of garbage, or refuse containing garbage, shall have covered, watertight, metal bodies of easily cleanable construction, shall be cleaned frequently to prevent a nuisance or insect breeding, and shall be maintained in good repair.

B. Vehicles used for collection and transportation of refuse shall be loaded and moved in such a manner that the contents, including ashes, will not fall, leak, or spill therefrom. Where spillage does occur, it shall be picked up immediately by the collector and returned to the vehicle or container.

C. Vehicles used for collection and transportation of rubbish or manure shall be of such construction as to prevent leakage or spillage, and shall provide a cover to prevent blowing of materials or creating a nuisance.

Historical Note

Section recodified from A.A.C. R18-8-510, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-311. Disposal; General

A. All refuse shall be disposed of by a method or methods included in these rules and shall include rodent, insect, and nuisance control at the place or places of disposal. Approval must be obtained from the Department for all new disposal sites and may change in the method of disposal prior to use.

B. Carcasses of large dead animals shall be buried or cremated, unless satisfactory arrangements have been made for disposal by rendering or other approved methods.

C. All public “dumping grounds”, provided in compliance with A.R.S. § 9-441, shall be maintained and operated in accordance with the requirements of these rules.

D. Manure shall be disposed of by sanitary landfill, composting, incineration, or used as fertilizer in such a manner as not to create insect breeding or a nuisance.

Historical Note

Section recodified from A.A.C. R18-8-511, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-312. Methods of Disposal

Approval must be obtained from the Department for any method or methods used for the disposal of refuse prior to the start of operations, and shall be accomplished by one or more of the methods listed below:

1. Sanitary landfill -- Consists of the disposal of refuse on land and the daily compaction and covering of the refuse with 6 to 12 inches of earth so as to prevent a health hazard or nuisance. The final compacted earth cover shall be a minimum of 2 feet in depth. Where sanitary landfill operations are proposed, the Department will require the following:

a. The landfill shall be located so that seepage will not create a health hazard, nuisance, or cause pollution of any watercourse or water bearing strata.

b. Adequate and proper surface drainage shall be provided to prevent ponding or erosion by rainwater of the finished fill.

c. Provision shall be made for the control of insects, rodents, wind blown refuse, and accidental fire.

d. Burning of refuse is prohibited.

e. An all weather access road is required.

f. Suitable equipment and operating personnel shall be provided.

g. Salvaging, if permitted, shall be rigidly controlled.

h. A variance from the daily compaction and covering requirement may be granted for sites serving less than 2,000 people by the Department of Environmental Quality upon submission of an acceptable plan approved by the local health department demonstrating that no public health hazards or nuisances will exist. The variance will allow for compaction and cover every two weeks at sites serving less than 500 people; weekly compaction and cover for sites serving from 500 to 1,000 people; and twice weekly compaction and cover for sites serving from 1,000 to 2,000 people. The variance may be revoked whenever the Department of Environmental Quality determines that the circumstances warranting the variance no longer exist.

2. Incineration -- Where incineration is to be employed, the plans and specifications, along with any other information necessary to evaluate the project, shall be submitted to the Department and approval received prior to construction. In addition, an approved method for the disposal of non-combustible refuse is required. Where incineration is proposed, the following items shall be provided.

a. The capacity of the incinerator shall be sufficient for the maximum production of refuse expected.

b. Noncombustible refuse shall be disposed of by methods approved by the Department.

c. Skilled personnel to assure the proper operation and maintenance of the facilities in a nuisance-free manner.

3. Composting -- This method of disposal is acceptable to the Department under the following conditions:

a. That plans and specifications and other information necessary to evaluate the project are submitted to the Department and approval received prior to start of construction.

b. That provisions are made for the proper disposal of all refuse not considered suitable for composting.

c. Skilled personnel shall be provided to assure the proper operation and maintenance of the facilities in a nuisance-free manner.

4. Garbage grinding -- This method, involving the separate collection and disposal of garbage into a community sewerage system through commercial type grinders or mandatory community-wide installation of individual household grinders, will be acceptable to the Department provided that suitable means shall be provided for the disposal of all remaining refuse.

5. Hog feeding -- This method of disposal will only be approved under the following conditions:

a. The garbage is collected and stored in suitable containers.

b. Only approved type vehicles are used for collection.

c. All garbage is effectively heat-treated in accordance with Title 24, Chapter 7, Article 3 (A.R.S. §§ 24-941 through 24-949).

d. All remaining refuse, including nonedible garbage, is collected and disposed of separately by methods approved by the Department.

6. Manure disposal -- Manure shall be disposed of by sanitary landfill, composting, incinerating, or used as a fertilizer in such a manner as not to create insect breeding or a nuisance.

Historical Note

Section recodified from A.A.C. R18-8-512, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

ARTICLE 4. RESERVED

ARTICLE 5. REQUIREMENTS FOR SOLID WASTE FACILITIES SUBJECT TO SELF-CERTIFICATION

R18-13-501. Solid Waste Facilities Requiring Self-Certification; Registration Fees

A. The following solid waste facilities requiring self-certification under A.R.S. § 49-762.01 shall register with the Department and pay registration fees as provided in this Section by September 30, 2012, and annually thereafter by September 30th:

1. A transfer facility with a daily throughput of more than 180 cubic yards, including a material recovery facility, but not including:

a. A material recovery facility where the incoming materials are primarily source separated recyclables; or

b. Community or neighborhood recycling bins including drop boxes, roll off containers, plastic containers used to collect residential, business, and/or governmental recyclable solid waste.

2. A facility storing 5,000 or more waste tires on any one day and not required to obtain plan approval.

3. A waste tire shredding and processing facility.

B. Initial registration for a new facility. The owner or operator of a planned new facility identified in subsection (A) shall submit the following information to the Department before beginning construction:

1. The name of the solid waste facility.

2. The name, mailing address and telephone number of each owner and operator of the solid waste facility.

3. The physical location of the solid waste facility by physical address, latitude and longitude, or legal description. If none of these are practical, by driving directions from the nearest city or town.

4. A brief description of operations, including waste management methods, types and volumes of waste handled, waste storage and treatment equipment, and the length of time the waste remains onsite.

5. A diagram of the property showing its approximate size and the planned location of the solid waste facility or facilities.

6. Documentation that the facility will comply with local zoning laws or, if the owner is an agency or political subdivision of this state, with A.R.S. § 49-767.

7. Documentation that the facility has any other environmental permit that is required by statute.

8. A copy of the public notice in a newspaper of general circulation in the area where the facility will be located stating the intent to construct and operate a new solid waste facility pursuant to A.R.S. § 49-762.05.

C. Initial and annual registration for an existing facility. The owner or operator of an existing facility shall submit the following information to the Department annually on a form approved by the Department and note any changes since the last registration:

1. The name of the solid waste facility.

2. The name, address and telephone number of each owner and operator of the solid waste facility.

3. The physical location of the solid waste facility by physical address, latitude and longitude, or legal description. If none of these are practical, by driving directions from the nearest city or town.

4. A brief description of operations, including waste management methods, types and volumes of waste handled, waste storage and treatment equipment, and the length of time the waste remains onsite.

5. A diagram of the property showing its approximate size and the location of the solid waste facility or facilities.

6. Documentation that the facility remains in compliance with the most current local zoning laws or with A.R.S. § 49-767, as applicable.

7. Documentation that the facility continues to hold any other environmental permit that is required by statute.

D. Self-certification. With each registration under subsection (B) or (C), the owner or operator shall certify that the information submitted is true, accurate, and complete to the best of the person’s knowledge and belief.

E. Registration fees. The owner or operator of a transfer facility under subsection (A)(1) shall pay the Department $1,000 for the initial registration of a new or existing facility, and $500 for each annual registration thereafter. The owner or operator of a tire facility under subsection (A)(2) or (3) shall pay the Department $1,000 for the initial registration of a new or existing facility, and $250 for each annual registration thereafter.

F. As used in this Section:

1. “Department” means the Arizona Department of Environmental Quality.

2. “Material recovery facility” means a transfer facility that collects, compacts, repackages, sorts, or processes commingled recyclable solid waste generated offsite for the purpose of recycling and transport, or where source separated recyclable solid waste is processed for sale to various markets, and where the incoming materials are predominantly recyclable solid waste.

3. “Recyclable solid waste” means a product or material described in subsection (F)(3)(a) or (b), and for which subsection (F)(3)(c) is true:

a. A product with no useful life remaining for the purposes for which it was produced, or if useful life remains, the product will not, due to location, quantity, or owner choice, remain in use or be reused for a purpose for which it was produced.

b. A material that is a result of a process or activity whose purpose was to produce something else.

c. The product or material retains some economic value, with or without further processing, as a raw material or feedstock in some process other than incineration or combustion.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

ARTICLE 6. RESERVED

ARTICLE 7. SOLID WASTE FACILITY PLAN
REVIEW FEES

R18-13-701. Definitions

In addition to the definitions provided in A.R.S. §§ 49-701, 49-701.01, and 49-851, and 18 A.A.C. 13, the following definitions apply in this Article:

1. “Aquifer Protection Permit” or “APP” means the permit that is required pursuant to A.R.S. § 49-241.

2. “MSWLF” means a municipal solid waste landfill as defined in A.R.S. § 49-701.

3. “Non-APP requirements for Non-MSWLFs” means 40 CFR 257 requirements and the restrictive covenant and location restrictions required in A.R.S. Title 49, Chapter 4.

4. “Non-MSWLF” means a landfill that is not a municipal solid waste landfill as defined in A.R.S. § 49-701.

5. “RD&D” means research, development, and demonstration.

6. “Review hours” means the hours or portions of hours that the Department’s staff spends on a request for a plan review. Review hours include the time spent by the project manager and technical review team members, and if requested by the applicant, the supervisor or unit manager.

7. “Review-related costs” means any of the following costs applicable to a specific plan review:

a. Presiding officer services for public hearings on a plan review decision,

b. Court reporter services for public hearings on a plan review decision,

c. Facility rentals for public hearings on a plan review decision,

d. Charges for laboratory analyses performed during the plan review,

e. Other reasonable and necessary review-related expenses documented in writing by the Department and agreed to by an applicant.

8. “Solid waste facility plan” means a plan or the individual components of a plan, such as the design, operational, closure, or post-closure plan, or the demonstration of financial responsibility as required by A.R.S. § 49-770, submitted to the Department for review and plan approval.

Historical Note

Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4). Amended effective May 15, 1997 (Supp. 97-2). Amended by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-702. Solid Waste Facility Plan Review Fees

A. With each application submitted for approval pursuant to A.R.S. § 49-762.03, the applicant shall remit an initial fee in accordance with one of the fee tables in this subsection, unless otherwise provided in subsection (B). This subsection also lists the maximum fees that the Department will bill the applicant. All fees paid shall be payable to the state of Arizona. The Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49-881, unless otherwise authorized or required by law.

Fee Tables

Fees for Plan Review of New Solid Waste Facilities

 

Initial

Maximum

Solid Waste Landfills

$20,000

$200,000

Non-APP requirements for Non-MSWLFs operating under an APP

$2,000

$50,000

Other Solid Waste Facilities Subject to Plan Approval

$10,000

$100,000

 

Fees for Modifications to Solid Waste Facility Plans

 

Initial

Maximum

Solid Waste Landfills - Type IV

$1,500

$150,000

Solid Waste Landfills - Type IV - RD&D

$15,000

$150,000

Solid Waste Landfills - Type III

$750

$75,000

Other Solid Waste Facilities Subject to Plan Approval - Type IV

$750

$75,000

Other Solid Waste Facilities Subject to Plan Approval - Type III

$500

$50,000

Fees for Review of Financial Responsibility Plans for Solid Waste Facilities

 

Initial

Maximum

Annual Review for Solid Waste Landfills

$600
Flat Fee

N/A

Other Solid Waste Facilities

$200

$5,000

B. The Department shall bill an applicant for plan review services, subject to an hourly rate, no more than monthly, but at least semi-annually. The following information shall be included in each bill:

1. The dates of the billing period;

2. After January 1, 2013, the date and number of review hours performed during the billing period itemized by employee name, position type and specifically describing:

a. Each review task performed,

b. The facility and operational unit involved, and

c. The hourly rate;

3. A description and amount of any other reasonable review-related cost; and

4. The total fees paid to date, the total fees due for the billing period, the date when the fees are due, and the maximum fee for the project.

C. Within 30 days after the Department makes a final determination whether to approve or disapprove of the facility plan, or when an applicant withdraws or closes the application for review, the Department shall prepare and issue a final itemized bill of its review. If the Department determines that the actual cost of reviewing the plan is less than the initial fee and any interim fees paid, the Department shall refund the difference to the applicant within 30 days after the issuance of the approval or disapproval of the application. If the Department determines that the actual cost of plan review is greater than the corresponding amount listed, the Department shall list the amount that the applicant owes on the final itemized bill, except that the final itemized bill shall not exceed the applicable maximum fee specified in subsection (A). The applicant shall pay in full the amount due within 30 days of receipt of the final itemized bill.

D. If the final bill is not paid within the 30 days, the Department shall mail a second notice to the applicant. Failure to pay the amount due within 60 days of receipt of the notice shall result in the Department initiation of proceedings for suspension of the approval, in accordance with A.R.S. § 49-782. The suspension shall continue until full payment is received at the Department. If full payment is not received at the Department within 365 days of the date of the approval, the approval shall be revoked in accordance with A.R.S. § 49-782. The Department shall not review any further plans for an entity which has not paid all fees due for a previous review of a solid waste facility plan.

E. When determining actual cost under subsection (C), the Department shall use an hourly billing rate for all review hours spent working on the review of a plan, and add review-related costs which were incurred but are not included in the hourly billing rate.

F. The hourly rate is $122.00, beginning July 1, 2012, and shall remain in effect until it is either changed or repealed.

Historical Note

Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4). Corrected typographical error “facilities” in Schedules A, B, and C, to reflect Section filed in the Office of the Secretary of State December 1, 1995. Section amended effective May 15, 1997; except for special waste management plan component fees listed in Schedules A, B, and C, which become effective July 1, 1997 (Supp. 97-2). Amended by exempt rulemaking at 5 A.A.R. 3869, effective October 1, 1999 (Supp. 99-3). Amended by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-703. Review of Bill

A. An applicant who disagrees with the final bill received from the Department for plan review and issuance or denial of a solid waste facility plan approval under this Article may make a written request to the Director for a review of the bill and may pay the bill under protest. The request for review shall specify the matters in dispute and shall be received by the Department within 10 working days of the date of receipt of the final bill.

B. Unless the Department and applicant agree otherwise, the review shall take place within 30 days of receipt by the Department of the request. The Director shall make a final decision as to whether the time and costs billed are correct and reasonable. The final decision shall be mailed to the applicant within 10 working days after the date of the review and is subject to appeal pursuant to A.R.S. § 49-769.

Historical Note

Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-704. Repealed

Historical Note

New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Section repealed by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-705. Repealed

Historical Note

New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Section repealed by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-706. Repealed

Historical Note

New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Section repealed by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

ARTICLE 8. GENERAL PERMITS

R18-13-801. General Permit Fees

A. The Department shall assess annual fees for operation under a general permit established in rule as described in the Table below.

B. In addition to the technical requirements proposed for any general permit to be included in this Article, the Department shall propose the category to be assigned to the permit according to the Table below.

C. An applicant shall pay the initial fee when approval to operate is requested. The Department shall bill an annual fee to facilities that have not notified the Department that they are no longer operating and have met the closure requirements of this Chapter.

D. For the purpose of this Article, “complex” has the meaning in A.A.C. R18-1-501. “Standard” is any facility that is not complex.

Solid Waste General Permits

Category

Initial Fee

Annual Fee

Collection, Storage and Transfer-Standard

$750

$100

Collection, Storage and Transfer-Complex

$7,500

$1,000

Treatment-Standard

$1,000

$100

Treatment-Complex

$10,000

$1,000

Disposal

$15,000

N/A

Historical Note

New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

ARTICLE 9. SOLID WASTE MANAGEMENT PLANNING

R18-13-901. Reserved

R18-13-902. Regional Boundaries

A. To facilitate solid waste management, the following regional boundary designations are established for planning purposes:

1. The state of Arizona shall be divided into six districts comprised of the following counties:

I Maricopa

II Pima

III Apache, Coconino, Navajo, Yavapai

IV Mohave, Yuma

V Gila, Pinal

VI Cochise, Graham, Greenlee, Santa Cruz

2. Petitions for a change in regional boundaries may be submitted to the Director. If the Director finds that the request is justified, he may adopt the revision as a new rule in accordance with Department procedures for adoption of rules.

3. The Director may revise the regional boundary rules if he finds that such revision is necessary to accomplish a workable statewide comprehensive solid waste management plan. Such revisions shall be made in accordance with Department procedures for adoption of rules.

B. To facilitate statewide hazardous waste management the state of Arizona shall be undivided and shall constitute one district for hazardous waste management planning purposes.

Historical Note

Section recodified from A.A.C. R18-8-402, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

ARTICLE 10. RESERVED

ARTICLE 11. COLLECTION, TRANSPORTATION, AND DISPOSAL OF HUMAN EXCRETA

Article 11 recodified from existing Sections in 18 A.A.C. 8, Article 6 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1101. Reserved

R18-13-1102. Definitions

A. “Chemical toilet” means a toilet with a watertight, impervious pail or tank that contains a chemical solution placed directly under the seat and a pipe or conduit that connects the riser to the tank.

B. “Department” means the Department of Environmental Quality or a local health department designated by the Department.

C. “Earth-pit privy” means a device for disposal of human excreta in a pit in the earth.

D. “Human excreta” means human fecal and urinary discharges and includes any waste that contains this material.

E. “License” means a stamp, seal, or numbered certificate issued by the Department.

F. “Pail or can type privy” means a privy equipped with a watertight container, located directly under the seat for receiving deposits of human excreta, that provides for removal of a waste receptacle that can be emptied and cleaned.

G. “Person” means the state, a municipality, district or other political subdivision, a cooperative, institution, corporation, company, firm, partnership, or individual.

H. “Sewage” means the waste from toilets, baths, sinks, lavatories, laundries, and other plumbing fixtures in residences, institutions, public and business buildings, mobile homes, and other places of human habitation, employment, or recreation.

Historical Note

Recodified from R18-8-602 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1103. General Requirements; License Fees

A. Any person owning or operating a vehicle or appurtenant equipment used to store, collect, transport, or dispose of sewage or human excreta that is removed from a septic tank or other onsite wastewater treatment facility; earth pit privy, pail or can type privy, or other type of privy; sewage vault; or fixed or transportable chemical toilet shall obtain a license for each vehicle from the Department. The person shall apply, in writing, on forms furnished by the Department and shall demonstrate that each vehicle is designed and constructed to meet the requirements of this Article.

B. A person shall operate and maintain the vehicle and equipment so that a health hazard, environmental nuisance, or violation of a water quality standard established under 18 A.A.C. 11 is not created.

C. License terms.

1. For each vehicle newly licensed after June 30, 2012, the initial license fee shall be $250 and shall be submitted with the license application. After initial licensure of a vehicle, the Department will renew the license annually after payment of a $75 fee according to subsection (C)(3). The licensee shall submit the Department approved renewal form and annual license fee to the Department no later than 30 days before expiration.

2. For those vehicles licensed before July 1, 2012, the initial license fee shall be $75 and shall be paid within 30 days of receipt of an invoice from the Department. The license shall be valid for one year. The licensee shall submit the Department approved renewal form and the annual license fee of $75 to the Department no later than 30 days before expiration.

3. Each vehicle license may be renewed if:

a. The annual license fee is paid,

b. The owner or operator is in compliance with subsection (D),

c. The vehicle is operated by the same person for the same purpose, and

d. The vehicle is maintained according to this Article.

4. The license is not transferable either from person to person or from vehicle to vehicle.

5. The license holder shall ensure that the license number is plainly and durably inscribed in contrasting colors on the side door panels of the vehicle and the rear face of the tank in figures not less than 3 inches high, and that the numbers are legible at all times.

D. Any person owning or operating a vehicle or appurtenant equipment used to collect, store, transport, or dispose of sewage or human excreta shall obtain any required permit from the local county authority in each county in which the person proposes to operate.

Historical Note

Recodified from R18-8-603 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-1104. Repealed

Historical Note

Recodified from R18-8-604 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1105. Reserved

R18-13-1106. Inspection

The Department may inspect vehicles and appurtenant equipment used to collect, store, transport, or dispose sewage or human excreta as necessary to assure compliance with this Article.

Historical Note

Recodified from R18-8-606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1107. Reserved

R18-13-1108. Repealed

Historical Note

Recodified from R18-8-608 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1109. Reserved

R18-13-1110. Reserved

R18-13-1111. Reserved

R18-13-1112. Sanitary Requirements

A. A person owning or operating a vehicle or appurtenant equipment to collect, store, transport, or dispose of sewage or human excreta shall ensure that:

1. Sewage and human excreta is collected, stored, transported, and disposed of in a sanitary manner and does not endanger the public health or create an environmental nuisance;

2. The vehicle is equipped with a leak-proof and fly-tight container that has a capacity of at least 750 gallons and all portable containers, pumps, hoses, tools, and other implements are stored within a covered and fly-tight enclosure when not in use;

3. Contents intended for removal are transferred as quickly as possible by means of a portable fly-tight container or suction pump and hose to the transportation container.

4. The transportation container is tightly closed and made fly-tight immediately after the contents have been transferred,

5. Portable containers are kept fly-tight while being transported to and from the vehicle,

6. Any waste dropped or spilled in the process of collection is cleaned up immediately and the area disinfected;

7. The vehicle, tools, and equipment are maintained in good repair at all times and, at the end of each day’s work, all portable containers, transportation containers, suction pumps, hose, and other tools are cleaned and disinfected; and

8. All wastes collected are disposed of according to the recommendations of the local county health department and that no change in the recommended method of disposal is made without its prior approval. The local county health department shall recommend disposal by one of the following methods:

a. At a designated point into a sewage treatment facility or sewage collection system with the approval of the owner or operator of the facility or system,

b. By burying all wastes from chemical toilets in an area approved by the local county health department, or

c. Into a sanitary landfill with approval of the owner or operator of the landfill and following any precautions designated by the owner and operator to protect the health of the workers and the public.

B. Open dumping is prohibited except in designated areas approved by the local county health department.

Historical Note

Recodified from R18-8-612 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1113. Repealed

Historical Note

Recodified from R18-8-613 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1114. Repealed

Historical Note

Recodified from R18-8-614 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1115. Repealed

Historical Note

Recodified from R18-8-615 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1116. Suspension and Revocation

A. If a Department inspection indicates that a licensed vehicle is not maintained and operated or work cannot be performed according to this Article, the Department shall notify the owner in writing of all violations noted.

B. The Department shall give the owner a reasonable period of time to correct the violations and comply with the provisions of this Article. If the owner fails to comply within the time limit specified, the Department may suspend or revoke the vehicle license based on the number and severity of violations. The Department shall follow the provisions of A.R.S. Title 41, Chapter, Article 10 in any suspension or revocation proceeding.

C. The Department shall consider the revocation or suspension of a permit by a local health department for violation of this Article as grounds for revocation of the vehicle license. The local health department shall immediately suspend both the vehicle license and the permit issued by the local health department for gross violation of this Article if in the opinion of the local health department a serious health hazard or environmental nuisance exists.

D. The owner of the vehicle whose license is suspended or revoked may appeal the final administrative decision as permitted under A.R.S. § 41-1092.08.

Historical Note

Recodified from R18-8-616 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1117. Reinstatement

Upon request of the vehicle owner, the Department may reinstate a suspended or revoked vehicle license following a Department reinspection and based on an evaluation of compliance with the requirements of this Article.

Historical Note

Recodified from R18-8-617 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1118. Repealed

Historical Note

Recodified from R18-8-618 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1119. Repealed

Historical Note

Recodified from R18-8-619 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

R18-13-1120. Repealed

Historical Note

Recodified from R18-8-620 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

ARTICLE 12. WASTE TIRES

R18-13-1201. Definitions

In addition to the definitions provided in A.R.S. § 44-1301, the following definitions apply in this Article:

“Aquifer protection permit” means an authorization issued by the Department under A.R.S. § 49-241 et seq.

“Burial cell” means an area where mining waste tires are placed in or on the land for burial.

“Mining” means activities dedicated to the exploration, extraction, beneficiation, and processing, including smelting and refining, of metallic ores.

“Mining facility” means any land, building, installation, structure, equipment, device, conveyance, or area dedicated to mining.

“Mining waste tire” means an off-road tire that is greater than three feet in outside diameter that was used in mining.

“Operator” means an owner, part owner, management agency, or lessee of a mining facility, a person responsible for the overall operation or control of a mining facility, or an authorized representative of the operator.

“Person” is defined in A.R.S. § 49-201.

“Waste tire cover” means waste tires that are chopped or shredded into pieces that do not exceed four inches in diameter used for cover at a solid waste landfill.

Historical Note

Section recodified from A.A.C. R18-8-701, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

R18-13-1202. Burial of Mining Waste Tires

A. The operator shall file with the Director a one-time notice within 24 hours after commencement of burial of mining waste tires consisting of a map of the mining facility that clearly identifies the locations and dimensions of each burial cell and the estimated number of mining waste tires that will be buried in each cell. The operator shall identify each burial cell using an alphabetical or numeric identifier. If a mining facility uses a new burial cell not included in the commencement of burial notice, the operator shall notify the Department within 24 hours after commencement of burial in that cell.

B. An operator shall only permit burial of mining waste tires in areas that are, or will be, included in an aquifer protection permit issued for the mining facility. An operator shall not permit burial of mining waste tires in leach areas unless prior to burial the Department issues an aquifer protection permit covering the leach area.

C. An operator shall not permit a burial cell to be located within 10 feet of another burial cell.

D. An operator shall not permit the burial of mining waste tires unless the tires are waste generated at the mining facility or another mining facility of the same owner.

Historical Note

Section recodified from A.A.C. R18-8-702, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

R18-13-1203. Cover Requirements

A. The operator shall cover all mining industry off-road motor vehicle waste tires buried pursuant to this Article with a minimum of 6 inches of earthen material within 50 days of placement, or sooner if necessary, to prevent vector breeding or fire.

B. The operator shall place final cover over the off-road motor vehicle waste tires within 180 days after placement of the last tire which will be buried in a cell. The final cover shall consist of earthen material which is at least 3 feet deep or which complies with the requirements of the aquifer protection permit for the area where the burial cell is located.

C. The operator shall maintain final cover in compliance with this Section for as long as the mining industry off-road motor vehicle waste tires remain in the burial cell.

Historical Note

Section recodified from A.A.C. R18-8-703, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1204. Annual Report

By March 30 of each year, until a burial cell closure certification is filed with the Department, the operator of the mining facility shall file an annual report with the Director which documents the location of each burial cell established during the preceding calendar year, the alphabetical or numerical identifier of each burial cell, and the number of off-road motor vehicle waste tires which were placed in each burial cell for burial during the preceding calendar year. If no tires were placed in the burial cell for burial during the preceding year, the annual report shall so indicate.

Historical Note

Section recodified from A.A.C. R18-8-704, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1205. Burial Cell Closure Certification

An operator shall file with the Director a burial cell closure certification within 30 days after placing final cover over the mining waste tires under R18-13-1203(B). The certificate shall contain a statement by the operator that no additional tires will be buried in the burial cell and a statement by an Arizona registered engineer certifying that the cover requirements of R18-13-1203 have been met.

Historical Note

Section recodified from A.A.C. R18-8-705, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

R18-13-1206. Storage

At no time shall more than 500 mining industry off-road motor vehicle waste tires be stored at the mining facility outside of a burial cell unless the mining facility has Department approval to operate a waste tire collection facility, pursuant to A.R.S. §§ 44-1304 and 49-762.

Historical Note

Section recodified from A.A.C. R18-8-706, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1207. Maintenance of Records

For at least three years after the burial cell closure certification is filed with the Department, the mining facility operator shall maintain, at the mining facility, records which document the number of tires buried in each cell.

Historical Note

Section recodified from A.A.C. R18-8-707, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1208. Inspections

The Department may inspect a mining facility, during regular operating hours, to determine whether mining industry off-road motor vehicle waste tire burial is in compliance with this Article.

Historical Note

Section recodified from A.A.C. R18-8-708, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1209. Repealed

Historical Note

Section recodified from A.A.C. R18-8-709, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Section repealed by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

R18-13-1210. Waste Tire Cover

Waste tires used as cover at a solid waste landfill shall be used according to the solid waste facility plan required by A.R.S. § 49-762. An operator shall not permit mining waste tires to be used as cover at a solid waste landfill for more than two consecutive days at a time.

Historical Note

Section recodified from A.A.C. R18-8-710, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

R18-13-1211. Registration of New Waste Tire Collection Sites; Fee

A. A new waste tire collection site shall not begin operation after July 20, 2011, until the owner or operator registers with the Department. The owner or operator shall register on a form approved by the Department that includes a statement that the site is in compliance with A.R.S. § 49-762.07(F) and A.R.S. Title 44, Chapter 9, Article 8, as applicable. The owner or operator of a new waste tire collection site that begins operation after July 20, 2011, shall pay an initial registration fee of $500 within 30 days of invoice receipt. For purposes of this Section, “new waste tire collection site” means a waste tire collection site as defined in A.R.S. § 44-1301 that did not operate as a collection site on or before July 20, 2011.

B. The owner or operator shall pay a $75 registration fee annually thereafter within 30 days of invoice receipt.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-1212. Registration of Outdoor Used Tire Sites; Fee

A. A person shall not store 100 or more used tires outdoors until the person registers with the Department. A person that stores 100 or more used tires outdoors after July 20, 2011, shall pay an initial registration fee of $500 within 30 days of invoice receipt. The person shall register on a form approved by the Department that includes a statement that the site is in compliance with A.R.S. § 49-762.07(F) and A.R.S. Title 44, Chapter 9, Article 8, as applicable.

B. A $75 registration fee shall be paid annually thereafter within 30 days of invoice receipt.

C. For the purposes of this Section:

1. “Used tire” means any tire which has been used for more than one day on a motor vehicle.

2. “Outdoors” means other than inside a building with a weatherproof roof.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-1213. Facilities Subject to More Than One Tire Site Registration; Single Fee

A person who is required to register a tire facility under more than one of the Sections listed in subsections (1) through (3) shall register and follow procedures under each Section, but is only required to pay the registration fees under the Section with the highest fees.

1. R18-13-1211.

2. R18-13-1212.

3. R18-13-501.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

ARTICLE 13. SPECIAL WASTE

R18-13-1301. Definitions

In addition to the terms prescribed in A.R.S. § 49-851, the terms in this Article shall have the following meanings:

1. “Disposal” means discharging, depositing, injecting, dumping, spilling, leaking, or placing special waste into or on land or water so that the special waste or any constituent of the special waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwater.

2. “Exception report” means a report that a generator shall submit to the Director which notifies the Director that the generator has not received a copy of the special waste manifest from the primary or alternate special waste receiving facility to which the special waste was sent pursuant to the generator’s instructions on the special waste manifest, or from any special waste receiving facility to which special waste was sent.

3. “Generator” means a person whose act or process onsite produces a special waste listed in, or designated pursuant to, A.R.S. §§ 49-852, 49-854, and 49-855, or whose act or process first causes such special waste to be subject to regulation.

4. “Identification number” means an alphanumeric identifier issued by the Department to each generator, special shipper, and special waste receiving facility to be used on documents, as required pursuant to this Article, in conjunction with shipment of special waste.

5. “Off-site consignment” means a generator’s delivery of materials or wastes for transport off-site to a special waste receiving facility within Arizona for treatment, storage, recycling, or disposal.

6. “Off-site” means any property located within Arizona that is not onsite as defined in A.R.S. § 49-851(3).

7. “Operator” means a person who owns and controls all or part of a special waste receiving facility, or who leases, operates, or controls such facility, a person responsible for the overall operation of such a facility, a management agency, or an authorized representative.

8. “Recycling” means recycling as defined in A.R.S. § 49- 831(21).

9. “Shredder residue” means waste from the shredding of motor vehicles.

10. “Significant manifest discrepancy” means a difference of more than 10% by weight for bulk shipments, any variation in a piece count for a batch delivery, or any difference in the type of special waste received as compared to the type of special waste listed on the manifest.

11. “Special waste receiving facility” means an off-site location to which special waste is sent to be treated, recycled, stored, or disposed.

12. “Special waste manifest” means a form provided by the Department, shown as Exhibit A to this Article, and used to identify the origin, quantity, composition, routing, and destination of special waste during its transportation from a generator’s facility to a special waste receiving facility.

13. “Special waste shipper” means a person who transports special waste for off-site treatment, recycling, storage, or disposal.

14. “Treatment” means any method, technique, or process designed to change the physical, chemical, or biological character or composition of special waste.

Historical Note

Section recodified from A.A.C. R18-8-301, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1302. Special Waste Generator Manifesting Requirements

A. A generator shall request a generator identification number on a form provided by the Director, and shown as Exhibit B to this Article, prior to shipping special waste. Within 30 days of receiving the completed form, the Director shall issue the identification number to the generator.

B. Prior to off-site consignment of special waste, the generator shall do all of the following:

1. Complete and sign the “Generator” section of a special waste manifest.

2. Obtain the handwritten signature of the special waste shipper on the special waste manifest.

3. Retain the generator’s copy of the special waste manifest.

4. Give the special waste manifest and the remaining attached copies to the special waste shipper or forward it to the receiving facility.

C. Within 14 days after shipment was accepted by a special waste shipper for off-site consignment, the generator shall submit to the Director one legible copy of each special waste manifest with the generator’s section completed and containing signatures of the generator and special waste shipper.

D. If, within 35 days after the date the waste was accepted by the initial special waste shipper, the generator does not receive a completed copy of this special waste manifest with the handwritten signature of the special waste receiving facility operator, the generator shall contact the special waste shipper and the special waste receiving facility operator to determine the status of the special waste.

E. The generator shall submit an exception report to the Director if the generator does not receive a completed, signed, legible copy of the special waste manifest within 45 days of the date the waste was accepted by the initial special waste shipper for off-site consignment. The exception report shall contain both of the following:

1. A cover letter, signed by the generator, which explains the efforts made to locate the special waste and the results of those efforts.

2. A legible copy of the special waste manifest which was signed by the generator and the special waste shipper and retained by the generator.

F. The generator shall retain a legible copy of each signed special waste manifest for at least three years from the date of acceptance of a shipment of special waste for off-site consignment.

G. If a person is required to have a manifest, shipping paper or shipping record under federal law for the special waste, the federal manifest, shipping paper, or shipping record may be used in lieu of the Arizona special waste manifest form so long as the federal manifest, shipping paper, or shipping record includes all the information required on the Arizona special waste manifest form.

Historical Note

Section recodified from A.A.C. R18-8-302, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1303. Special Waste Shipper Manifesting Requirements

A. A special waste shipper who receives special waste in Arizona for transport to a special waste receiving facility in Arizona shall request a special waste shipper identification number on a form provided by the Director and shown as Exhibit B to this Article. The Director shall issue an identification number within 30 days of receipt of the completed form.

B. A special waste shipper shall:

1. Accept special waste for intrastate shipment to a special waste receiving facility only if the waste is accompanied by a special waste manifest which is completed and signed in accordance with the provisions of R18-8-302.

2. Deliver the entire shipment of special waste to a special waste receiving facility as designated on the special waste manifest. If unable to deliver the special waste to the primary or alternate special waste receiving facility designated on the special waste manifest:

a. Return the special waste to the generator, or

b. Contact the generator and obtain instructions for an alternate special waste receiving facility and deliver the waste accordingly.

C. Shipments of special waste between facilities owned by the same generator shall be exempt from the requirements of rules adopted pursuant to A.R.S. § 49-856.

Historical Note

Section recodified from A.A.C. R18-8-303, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1304. Special Waste Receiving Facility Manifesting Requirements

A. A special waste receiving facility shall request an identification number on a form provided by the Director, and shown as Exhibit B to this Article, and obtain the number prior to receiving special waste. The Department shall issue the identification number within 30 days of receipt of the completed form.

B. A special waste receiving facility shall receive only special waste for which it has a special waste manifest signed and dated by the generator and special waste shipper. In the “Facility” section of the special waste manifest, the operator of the special waste receiving facility shall do all of the following:

1. Enter the identification number.

2. Sign and date each copy of a special waste manifest to certify that the type and amount of special waste, as stated on the special waste manifest, was received.

3. Indicate on the special waste manifest any significant discrepancies between the description, volume, or weight of the special waste as stated on the special waste manifest and the special waste received.

C. After completing the “Facility” portion of the special waste manifest, the operator of the special waste receiving facility shall send one legible copy each of the signed special waste manifest to the Director and the generator within 30 days of the delivery of the special waste.

D. Upon discovery of a significant manifest discrepancy in the special waste manifest and the special waste received, the operator of the special waste receiving facility shall:

1. Contact the generator and special waste shipper to attempt to reconcile the discrepancy.

2. If the discrepancy cannot be resolved within 15 days after receiving the waste, submit a letter to the Director, along with the special waste manifest within five days. The letter shall describe the significant manifest discrepancy and all attempts to reconcile it.

Historical Note

Section recodified from A.A.C. R18-8-304, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1305. Records

All records required by this Article shall be retained for at least three years. If notification of an enforcement action by the Department has been received, the records shall be retained until a final determination has been made in the matter or in accordance with the final determination.

Historical Note

Section recodified from A.A.C. R18-8-305, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

R18-13-1306. Reserved

R18-13-1307. Best Management Practices for Waste from Shredding Motor Vehicles

A. A generator of shredder residue shall follow sampling protocol as follows or submit to the Department for review and approval, at least two weeks prior to the sampling event, an alternative written sampling plan which is consistent with requirements set forth in “Test Methods for Evaluating Solid Waste,” EPA SW-846, 3rd Edition, Volume II, Chapter Nine, Sampling Plan, Physical/Chemical Method, EPA, Office of Solid Waste and Emergency Response, Washington, D.C., September 1986, and updated November 1990, and no future editions or amendments, (“EPA Sampling Plan”), herein incorporated by reference and on file with the Department and the Office of the Secretary of State:

1. Sample collection shall be done in accordance with one of the following:

a. Sampling procedure 1, consisting of both of the following steps:

i. The generator shall collect samples from a shredder residue sampling pile which shall consist of the average amount of shredder residue from eight hours of operation of the shredder. The shredder residue sampling pile shall be formed into a square shape for sampling purposes. Refer to Exhibit 1.

ii. One 2,000-gram sample shall be collected from each sample point as indicated in Exhibit 1. Samples from sample points A-1, B-1, and C-1 shall be collected from the top of the pile. Samples from sample points A-2, B-2, and C-2 shall be collected from the base of the pile. A sample from sample point C-3 shall be collected at the vertical midpoint at the center of the pile. The seven 2,000-gram samples shall be numbered consecutively. Three of the seven 2,000-gram samples shall then be chosen at random by selecting numbers from a calculator programmed to generate random numbers. The samples shall be analyzed for the constituents and at the frequencies listed in Table A of this Section.

b. Sampling procedure 2, consisting of both of the following steps:

i. The generator shall collect seven 2,000-gram samples during or immediately following the normal generation of shredder residue. For each sample, shredder residue shall be collected for 8 to 12 minutes, during which a minimum of 500 pounds shall be generated. This process shall be performed seven times to create seven 500-pound amounts. Each 500-pound amount shall be formed into a square shape for sampling purposes. Refer to Exhibit 1.

ii. Twenty 100-gram samples shall be collected from throughout each of the seven 500-pound piles generated. Upon completion of collection, all 20 samples from each of the seven 500-pound piles shall be combined together into seven separate 2,000-gram samples and numbered consecutively. Three of the seven 2,000-gram samples shall then be chosen at random by selecting numbers from a calculator programmed to generate random numbers. The samples shall be analyzed for the constituents and at the frequencies listed in Table A of this Section.

2. Each 2,000 grams of shredder residue collected shall include both large and small particles, in proportion to shredder residue generated. The generator shall use a container which is large enough to hold the entire amount of shredder residue collected from each sample point.

3. The generator shall comply with requirements for sample preservation, temperature, and holding times, as set forth in the EPA Sampling Plan.

4. Each one of the three 2,000-gram samples selected at random shall be divided into four equal 500-gram portions and a 200-gram subsample shall be taken from each of the four equal 500-gram portions. Each subsample shall then be passed through a 9.5mm screen. All particles which do not pass through the 9.5mm screen shall be hand cut until small enough to pass through the screen. All four 200-gram subsamples shall then be remixed together and redivided into four equal 200-gram portions. The following amounts shall be taken for constituent sampling:

a. 10-15 grams per 200-gram subsample for a total of 40-60 grams per 2,000-gram sample for Polychlorinated Biphenyls (PCB) analysis as set forth in subsection (A)(10).

b. 25 grams per 200-gram subsample for a total of 100 grams per sample for toxicity characteristic leaching procedure extractions for contaminants as set forth in 40 CFR 261.24, Table 1 (incorporated by reference in R18-8-261(A)), as set forth in subsection (A)(7).

c. 1.25 grams per 200-gram subsample for a total of 5 grams per 2,000-gram sample for extraction fluid determination.

5. Each constituent sample shall be put into a container. Container labeling and chain-of-custody documentation shall be consistent with the requirements in the EPA Sampling Plan.

6. The constituent samples shall be analyzed by a laboratory licensed by the Arizona Department of Health Services in accordance with A.R.S. § 36-495.

7. Of the three samples selected at random, one sample amount required by subsection (A)(4)(b) shall be analyzed for the extractable heavy metals arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver, as set forth in 40 CFR 261.24, Table 1. The remaining two samples shall each be analyzed for extractable cadmium and lead.

8. If the results of all three of the analyses for any extractable heavy metal in subsection (A)(7) above are below the Regulatory Level of the Maximum Concentration of Contaminants for the Toxicity Characteristic as set forth in 40 CFR 261.24, Table 1, the simple arithmetic mean of the extractable cadmium and lead and the single analysis for the remaining six extractable heavy metals shall be used to determine if the sampled shredder residue will be classified as hazardous waste.

9. If the analyses of any one of three selected samples exceeds the regulatory level as set forth in 40 CFR 261.24, Table 1, an additional subsample from the sample in question shall be subjected to confirmation analysis. If the confirmation sample analysis totals are in excess of the regulatory level as set forth in 40 CFR 261.24, Table 1, the remaining four of the original seven samples shall be analyzed for those extractable heavy metals which exceed the regulatory level as set forth in 40 CFR 261.24, Table 1. The simple arithmetic mean of the results of all seven samples shall be used to determine if the sampled shredder residue will be classified as hazardous waste.

10. The three samples selected at random shall be analyzed for PCB concentration in the amounts required by subsection (A)(4)(a). If the samples contain concentrations of PCB less than 50 mg/kg, the simple arithmetic mean of the three samples shall be used for reporting to the Director. If any one of the three samples contains concentrations of PCB greater than 50 mg/kg, an additional subsample from the sample in question shall be subjected to confirmation analysis. If the PCB concentration for that sample exceeds 50 mg/kg, the remaining four of the original seven samples shall be analyzed for PCB, in amounts required by subsection (A)(4)(a), and the simple arithmetic mean of all the samples shall be used to determine if the sampled shredder residue will be classified as hazardous waste.

B. Shredder residue determined to be hazardous waste shall be managed in accordance with A.R.S. § 49-921 et seq. and R18-8-260 et seq.

C. The generator shall do all of the following:

1. Secure the facility to prevent unauthorized entry;

2. Cover or otherwise manage the shredder residue pile to prevent wind dispersal;

3. Place the shredder residue pile on a surface with a permeability coefficient equal to or less than 1 x 10 -7 cm/s;

4. Design, construct, operate, and maintain a run-on control system capable of preventing flow onto the waste pile during peak discharge from, at a minimum, a 25-year storm;

5. Design, construct, operate, and maintain a run-off management system to collect and control at a minimum, the water volume resulting from a 24-hour, 25-year storm;

6. Provide collection and holding facilities for run-on and run-off control systems, which shall have a permeability coefficient equal to or less than 1 x 10 -7 cm/s;

7. Record the date accumulation of shredder residue begins.

D. Shredder residue shall be treated, recycled, sorted, stored, or disposed at a Department-approved special waste facility approved in accordance with A.R.S. § 49-857. A facility which seeks to become a special waste facility shall submit a special waste management plan to the Department to ensure compliance with subsection (C) of this Section.

E. A generator shall not store shredder residue for longer than 90 days. A special waste facility shall not store shredder residue for longer than one year.

F. The owner or operator of a special waste facility shall pay, to the Department, the fees required by A.R.S. §§ 49-855(C)(2) and 49-863 as follows:

1. $1.49 per cubic yard of uncompacted shredder residue; or

2. $3.38 per cubic yard of compacted shredder residue received; or

3. $4.50 per ton; and

4. Not more than $45,000 per generator site per year for shredder residue that is transported to a facility regulated by the Department for treatment, storage or disposal.

G. Shredder residue which has been determined to be nonhazardous pursuant to this Section shall be transported in accordance with the requirements for transportation of garbage as set forth in R18-13-310.

Historical Note

Section recodified from A.A.C. R18-8-307, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

Table A. Target Analyses and Sampling Frequency

Constituents
Frequency

* TCLP Metals

Quarterly

* TCLP Volatiles

Annually

* TCLP Semi-volatiles

Annually

Polychlorinated Biphenyls (PCB)

Quarterly

* Toxicity Characteristic Leaching Procedure (TCLP)

Historical Note

Table A recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Exhibit 1. Selection of Sample Points, Shredder Waste Pile

Historical Note

Exhibit 1 recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Appendix A. Application for Arizona Special Waste Identification Number

 

Instructions for the Completion of the ADEQ Application for the Arizona Special Waste Identification Number.

1. Place an “X” in the appropriate box indicating which type of operation you will be performing.

2. Enter the complete company/agency name.

3. Enter the complete address. Do not use P.O. Box or Route Number.

4. Enter the complete address if it is different than the address listed in item 3.

5. Enter the name, job title, and complete phone number of the person who will act as the company/agency contact.

6. Enter the complete address of the company/agency contact listed in item 5.

7. Enter the name, complete address, and phone number of the company’s/agency’s legal owner.

8. Enter the signature of the person who will assume the responsibility of completion of this form and its contents.

9. Enter the name and title of the responsible person listed in item 8.

10. Enter the date that the responsible person signed the document.

11. List all special wastes that the applicant generates, transports, stores, or receives.

Historical Note

Appendix A recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Appendix B. Special Waste Manifest

ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

SPECIAL WASTE MANIFEST

 

Instructions for the Completion of the ADEQ Special Waste Manifest

1. Enter the generator’s Arizona Identification Number in box 1.

2. Enter the Emergency Response Notification Phone Number in box 2.

3. Enter the generator’s name and complete mailing address, including city, state, and zip code, along with the generator’s phone number, including the area code, in box 3.

4. Enter the transporter’s name, transporter’s Arizona identification number, and telephone number, including the area code, in box 4.

5. Complete this box if a second transporter is to be used to transport the special waste to the receiving facility, following the instructions outlined in number 4 in box 5.

6. Enter the name, address, and physical site location of the primary special waste receiving facility. In the appropriate spaces, include the facility’s Arizona identification number and the telephone number, including the area code, in box 6.

7. Enter the name, address, and physical site location of the alternate special waste receiving facility. In the appropriate spaces, include the facility’s Arizona identification number and the telephone number, including the area code, in box 7.

8. Enter United States Department of Transportation description (Including proper shipping name, hazard class, and identification number, if applicable) (For all non-Department of Transportation-regulated materials, enter the proper name, physical state, and description of all contents of the waste).

Mark an “X” in this column if waste is classified as a hazardous material.

Container Number
Enter the number of containers being shipped for each waste.

Total Quantity
Numerical value representing the number of containers multiplied by the container size. Answer will be listed in pounds, gallons, or cubic yards.

Unit weight or volume
P - Pounds
G - Gallons
Y - Cubic Yards

9. Use this space to indicate special transportation, treatment, storage, or disposal information. Emergency response telephone numbers or similar information may be included here in box 9.

10. Print or type the generator’s name followed by their signature and date in box 10.

11. Print or type the primary transporter’s name followed by their signature and date in box 11.

12. Print or type the secondary transporter’s name followed by their signature and date in box 12.

13. Indicate significant discrepancies in this box. Significant manifest discrepancy is defined as “a difference of more than 10% by weight for bulk shipments, any variation in a piece count for batch deliveries, or an obvious difference in a special waste type is discovered by inspection or analysis between the type or amount of a special waste designated in a special waste manifest, and the type or amount received by a special waste receiving facility” in box 13.

14. Print or type the receiving facility’s owner or operator name followed by their signature and date in box 14.

Historical Note

Appendix B recodified from 18 A.A.C. 8, Article 3, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

ARTICLE 14. BIOHAZARDOUS MEDICAL WASTE AND DISCARDED DRUGS

R18-13-1401. Definitions

In addition to the definitions in A.R.S. § 49-701, the following definitions apply in this Article:

1. “Administrative consent order” means a bilateral agreement between the consenting party and the Department. A bilateral agreement is not subject to administrative appeal.

2. “Alternative treatment technology” means a treatment method other than autoclaving or incineration, that achieves the treatment standards described in R18-13-1415.

3. “Approved medical waste facility plan” means the document that has been approved by the Department under A.R.S. § 49-762.04, and that authorizes the operator to accept biohazardous medical waste at its solid waste facility.

4. “Autoclaving,” means using a combination of heat, steam, pressure, and time to achieve sterile conditions.

5. “Biohazardous medical waste” is composed of one or more of the following:

a. Cultures and stocks: Discarded cultures and stocks generated in the diagnosis, treatment or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals.

b. Human blood and blood products: Discarded products and materials containing free-flowing blood or free-flowing blood components.

c. Human pathologic wastes: Discarded organs and body parts removed during surgery. Human pathologic wastes do not include the head or spinal column.

d. Medical sharps: Discarded sharps used in animal or human patient care, medical research, or clinical laboratories. This includes hypodermic needles; syringes; pipettes; scalpel blades; blood vials; needles attached to tubing; broken and unbroken glassware; and slides and coverslips.

e. Research animal wastes: Animal carcasses, body parts, and bedding of animals that have been infected with agents that produce, or may produce, human infection.

6. “Biologicals” means preparations made from living organisms or their products, including vaccines, cultures, or other biological products intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining to these activities.

7. “Biological indicator” means a representative microorganism used to evaluate treatment efficacy.

8. “Blood and blood products” means discarded human blood and any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived products.

9. “C.F.R.” means the Code of Federal Regulations.

10. “Chemotherapy waste” means any discarded material that has come in contact with an agent that kills or prevents the reproduction of malignant cells.

11. “Dedicated vehicle” means a motor vehicle or trailer that is pulled by a motor vehicle used by a transporter for the sole purpose of transporting biohazardous medical waste.

12. “Discarded drug” means any prescription medicine, over-the-counter medicine, or controlled substance, used in the diagnosis, treatment, or immunization of a human being or animal, that the generator intends to abandon. The term does not include hazardous waste or controlled substances regulated by the United States Drug Enforcement Agency.

13. “Disposal facility” means a municipal solid waste landfill that has been approved by the Department under A.R.S. § 49-762.04 to accept untreated biohazardous medical waste for disposal.

14. “Facility plan” has the meaning given to it in A.R.S. § 49-701.

15. “Free flowing” means liquid that separates readily from any portion of a biohazardous medical waste under ambient temperature and pressure.

16. “Generator” means a person whose act or process produces biohazardous medical waste, or a discarded drug, or whose act first causes medical waste or a discarded drug to become subject to regulation.

17. “Hazardous waste” has the meaning prescribed in A.R.S. § 49-921.

18. “Health care worker” means, with respect to R18-13-1403(B)(5), a person who provides health care services at an off-site location that is none of the following: a residence, a facility where health care is normally provided, or a facility licensed by the Arizona Department of Health Services.

19. “Improper disposal of biohazardous medical waste” means the disposal by a person of untreated or inadequately treated biohazardous medical waste at any place that is not approved to accept untreated biohazardous medical waste.

20. “Independent testing laboratory” means a testing laboratory independent of oversight activities by a provider of alternative treatment technology.

21. “Medical sharps container” means a vessel that is rigid, puncture resistant, leak proof, and equipped with a locking cap.

22. “Medical waste,” as defined in A.R.S. § 49-701, means “any solid waste which is generated in the diagnosis, treatment or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals, and includes discarded drugs but does not include hazardous waste as defined in A.R.S. § 49-921 other than conditionally exempt small quantity generator waste.”

23. “Medical waste treatment facility” or “treatment facility” means a solid waste facility approved by the Department under A.R.S. § 49-762.04 to accept and treat biohazardous medical waste from off-site generators.

24. “Multi-purpose vehicle” means any motor vehicle operated by a health care worker, where the general purpose is the non-commercial transporting of people and the hauling of goods and supplies, but not solid waste. A multi-purpose vehicle is limited to hauling biohazardous medical waste generated off site by health workers in providing services. “Off site” for purposes of this definition means a location other than a hospital or clinic.

25. “Off site” means a location that does not fall within the definition of “on site” contained in A.R.S. § 49-701.

26. “Packaging” or “properly packaged” means the use of a container or a practice under R18-13-1407.

27. “Putrescible waste” means waste materials capable of being decomposed rapidly by microorganisms.

28. “Radioactive material” has the meaning under A.R.S. § 30-651.

29. “Secure” means to lock out or otherwise restrict access to unauthorized personnel.

30. “Spill” means either of the following:

a. Any release of biohazardous medical waste from its package while in the generator’s storage area.

b. Any release of biohazardous medical waste from its package or the release of packaged biohazardous medical waste by the transporter at a place or site that is not a medical waste treatment or disposal facility.

31. “Store” or “storage” means, in addition to the meaning under A.R.S. § 49-701, either of the following:

a. The temporary holding of properly packaged biohazardous medical waste by a generator in a designated accumulation area awaiting collection by a transporter.

b. The temporary holding of properly packaged biohazardous medical waste by a transporter or a treater at an approved medical waste storage facility or treatment facility.

32. “Technology provider” means a person that manufactures, or a vendor who supplies alternative medical waste treatment technology.

33. “Tracking document” means the written instrument that signifies acceptance of biohazardous medical waste by a transporter, or a transfer, storage, treatment, or disposal facility operator.

34. “Transportation management plan” means the transporter’s written plan consisting of both of the following:

a. The procedures used by the transporter to minimize the exposure to employees and the general public to biohazardous medical waste throughout the process of collecting, transporting, and handling.

b. The emergency procedures used by the transporter for handling spills or accidents.

35. “Transporter” means a person engaged in the hauling of biohazardous medical waste from the point of generation to a Department-approved storage facility or to a Department-approved treatment or disposal facility.

36. “Treat” or “treatment” means, with respect to the methods used to render biohazardous medical waste less infectious: incinerating, autoclaving, or using the alternative treatment technologies prescribed in this Article.

37. “Treated medical waste” means biohazardous medical waste that has been treated and that meets the treatment standards of R18-13-1415. Treated medical waste that requires no further processing is considered solid waste.

38. “Treater” means a person, also known as an operator, who receives solid waste facility plan approval for the purpose of operating a medical waste treatment facility to treat biohazardous medical waste that is generated off site.

39. “Treatment certification statement” means the written document provided by either a generator who treats biohazardous medical waste on site or by a treater, to inform a solid waste disposal or recycling facility that biohazardous medical waste has been treated as prescribed in this Article, and therefore is no longer subject to regulation under this Article.

40. “Treatment standards” mean the levels of microbial inactivation, prescribed in R18-13-1415, to be achieved for a specific type of biohazardous medical waste.

41. “Universal biohazard symbol” or “biohazard symbol” means a representation that conforms to the design shown in 29 CFR 1910.145(f)(8)(ii) (Office of the Federal Register, National Archives and Records Administration, July 1, 1998) and which is incorporated by reference in this rule. This incorporation does not include any later amendments or editions. Copies of the incorporated material are available for inspection at the Department of Environmental Quality and the Office of the Secretary of State.

42. “Vehicle not dedicated to the transportation of biohazardous medical waste but which is engaged in commerce” means a motor vehicle or a trailer pulled by a motor vehicle whose primary purpose is the transporting of goods that are not solid waste or biohazardous medical waste and that is used by a transporter for the temporary transportation of biohazardous medical waste.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1402. Applicability

A. This Article applies to the following:

1. A generator who treats biohazardous medical waste on site, before disposing of it as treated medical waste, and to any equipment used for that purpose. Specific requirements for a generator who treats on site are prescribed in R18-13-1405.

2. A generator who contracts with a medical waste treatment facility for the purpose of treating biohazardous medical waste. Specific requirements for such a generator are prescribed in R18-13-1406.

3. A person who transports biohazardous medical waste and any motor vehicle used for that purpose.

4. A medical waste treatment facility operator, a medical waste treatment facility, and any equipment used for medical waste treatment.

5. A person who provides alternative medical waste treatment technology for the purpose of treatment, and to any technology used for treatment.

6. A person in possession of biohazardous medical waste if the waste does not meet the treatment standards in R18-13-1415.

7. An operator of a Department-approved disposal facility who accepts untreated biohazardous medical waste.

8. A person who generates medical sharps in the preparation of human remains.

9. A person who generates medical sharps in the treatment of animals.

10. A generator of discarded drugs not returned to the manufacturer.

B. The requirements for biohazardous medical waste set out for collection do not apply to the manner in which the generator collects, or handles biohazardous medical waste inside the generator’s place of business.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1403. Exemptions; Partial Exemptions

A. The following persons are exempt from the requirements of this Article:

1. Law enforcement personnel handling biohazardous medical waste for law enforcement purposes.

2. A person in possession of radioactive materials.

3 A person who returns unused medical sharps to the manufacturer.

4. A household generator residing in a private, public, or semi-public residence who generates biohazardous medical waste in the administration of self care or the agent of the household generator who administers the medical care. This exemption does not apply to the facility in which the person resides if that facility is licensed by the Arizona Department of Health Services.

5. A generator that separates medical devices from the medical waste stream that are sent out for re-processing and returned to the generator.

6. A person in possession of human bodies regulated by A.R.S. Title 36.

7. A person who sends used medical sharps via the United States Postal Service or private shipping agent to a treatment facility.

B. The following are conditionally exempt from the requirements of this Article:

1. A person who prepares human corpses, remains, and anatomical parts that are intended for interment or cremation. However, if medical sharps are generated during the preparation of the human remains, they must be disposed of as prescribed by this Article.

2. A person who operates an emergency rescue vehicle, an ambulance, or a blood service collection vehicle if the biohazardous medical waste is returned to the home facility for disposal. This facility is considered to be the point of generation for packaging, treatment, and disposal.

3. A person who discharges discarded drugs and liquid and semi-liquid biohazardous medical wastes, excluding cultures and stocks, to the sanitary sewer system if the operator of the wastewater sewer system and treatment facility allows, permits, authorizes, or otherwise approves of the discharges.

4. A person who possesses hazardous waste regulated by A.R.S. Title 49, Chapter 5.

5. A health care worker who uses a multi-purpose vehicle in the conduct of routine business other than transporting waste, is exempt from the requirements of R18-13-1409 if the health care worker complies with all of the following:

a. Packages the biohazardous medical waste according to R18-13-1407.

b. Secures the packaged biohazardous medical waste within the vehicle so as to minimize spills.

c. Transports the biohazardous medical waste to the place of business or to a medical waste treatment or disposal facility.

d. Cleans the vehicle when it shows visible signs of contamination.

e. Secures the vehicle to prevent unauthorized contact with the biohazardous medical waste.

6. A person who transports biohazardous medical waste between multiple properties separated by a public thoroughfare and which is owned or operated by the same owner or governmental entity is exempt from the requirements of R18-13-1409 if the person complies with R18-13-1403(B)(5)(a) through (e).

7. A hospital that chooses to accept medical sharps from staff physicians who generate medical sharps in a private practice is exempt from the requirement to obtain facility plan approval as long as the hospital collects medical sharps for off-site treatment or disposal.

C. The following are exempt from some of the requirements of this Article:

1. A generator who treats biohazardous medical waste on site and who accepts for treatment medical waste described in R18-13-1403(A)(4) is exempt from the requirement to obtain solid waste facility plan approval prescribed in R18-13-1410.

2. A generator who self-hauls biohazardous medical waste to a Department-approved medical waste treatment, storage, transfer, or disposal facility is exempt from the requirements of R18-13-1409 if the generator complies with R18-13-1403(B)(5)(a) through (e).

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1404. Transition and Compliance Dates

A. Unless otherwise specified in subsections (B) through (H), the date for compliance with this Article by generators, transporters, treaters, providers of alternative medical waste technology, and persons in possession of untreated biohazardous medical waste is the effective date of this Article.

B. A person who provides alternative medical waste treatment technology used by a generator before the effective date of this Article shall perform all of the following:

1. Register the alternative medical waste technology with the Department as prescribed in R18-13-1414 within 90 days after the effective date of this Article.

2. Not provide alternative technology 90 days after the effective date of this Article unless a Departmental registration certificate is received.

3. After receipt of the Departmental registration certificate, provide to all generators using the alternative treatment technology a copy of the registration certificate and the alternative technology manufacturer’s specifications.

C. A generator who utilizes alternative medical waste treatment technology before the effective date of this Article shall obtain, within 180 days after the effective date of this Article, the Departmental registration number and equipment specifications, described in R18-13-1414, from the technology provider. If documentation of Departmental registration is not on file with the generator, the Department shall classify biohazardous medical waste treated 180 days after the effective date of this Article using the unregistered alternative treatment technology as untreated biohazardous medical waste.

D. A generator who utilizes incineration or autoclaving for onsite treatment of biohazardous medical waste before the effective date of this Article may continue to do so after the effective date if the treatment requirements of R18-13-1415 and the onsite treatment requirements of R18-13-1405 are met.

E. A transporter of biohazardous medical waste in business on the effective date of this Article shall register, within 90 days after the effective date of this Article, as required in R18-13-1409(A).

F. An operator of a medical waste storage facility, who has obtained approval for a solid waste facility under A.R.S. § 49-762.04 on or before the effective date of this Article, may continue to store biohazardous medical waste if the facility complies with the design and operation standards prescribed in R18-13-1411. The addition of a refrigeration unit is a Type II change as described in R18-13-1413(A)(2).

G. An operator of a medical waste transfer facility shall obtain solid waste facility plan approval that meets the requirements of R18-13-1410 within 180 days after the effective date of this Article.

H. An operator of a medical waste treatment facility who has obtained Departmental plan approval to operate a medical waste treatment facility on or before the effective date of this Article may continue to operate under that plan approval if both of the following are met:

1. The treater complies with the treatment standards of R18-13-1415 and the recordkeeping requirements of R18-13-1412, except as noted in the subsection below.

2. If the treater determines that the waste is not being treated to the applicable treatment standards of R18-13-1415, the treater informs the Department within two working days after the date on the determination, and within 30 working days enters into an administrative consent order to bring the facility into compliance.

I. An operator of an existing municipal solid waste landfill who intends to accept untreated biohazardous medical waste shall submit a notice of a Type III change and an amended facility plan within 180 days after the effective date of this Article.

J. Notwithstanding subsection (H), if the Department determines that an updated solid waste facility plan is required, a treater shall submit an updated plan within 180 days after the date on the Department’s determination. The treater may continue to operate under the conditions specified in subsection (H) of this Section while the Department reviews and determines whether to approve or deny the updated plan.

K. After the effective date of this Article, solid waste facility plan approval under A.R.S. § 49-762.04 is required for a new medical waste treatment or disposal facility before construction.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1405. Biohazardous Medical Waste Treated On Site

A. A person who treats biohazardous medical waste on site shall use incineration, autoclaving, or an alternative medical waste treatment method that meets the treatment standards prescribed in R18-13-1415.

B. A generator who uses:

1. Incineration shall follow the requirements of subsections (C), (F), (G), and (H),

2. Autoclaving shall follow the requirements of subsections (D), (F), (G) and (H), or

3. An alternative treatment method shall follow the requirements of subsections (E), (F), (G), and (H).

C. A generator who incinerates biohazardous medical waste on site shall comply with all of the following requirements:

1. Obtain a permit if required by the local or state air quality agency having jurisdiction.

2. Reduce the biohazardous medical waste, excluding metallic items, into carbonized or mineralized ash.

3. Determine whether incinerator ash is hazardous waste as required by hazardous waste rules promulgated under A.R.S. Title 49, Chapter 5.

4. Dispose of the non-hazardous waste incinerator ash at a Department-approved municipal solid waste landfill.

D. A generator who autoclaves biohazardous medical waste on site shall comply with all of the following requirements:

1. Further process by grinding, shredding, or any other process, any recognizable animals and human tissue, organs, or body parts, to render such waste non-recognizable and ensure effective treatment.

2. Operate the autoclave at the manufacturer’s specifications appropriate for the quantity and density of the load.

3. Keep records of operational performance levels for six months after each treatment cycle. Operational performance level recordkeeping includes all of the following:

a. Duration of time for each treatment cycle.

b. The temperature and pressure maintained in the treatment unit during each cycle.

c. The method used to determine treatment parameters in the manufacturer’s specifications.

d. The method in manufacturer’s specifications used to confirm microbial inactivation and the test results.

e. Any other operating parameters in the manufacturer’s specifications for each treatment cycle.

4. Keep records of equipment maintenance for the duration of equipment use that include the date and result of all equipment calibration and maintenance.

E. A generator who uses an alternative treatment method on site shall comply with all of the following requirements:

1. Use only alternative treatment methods registered under R18-13-1414.

2. Further process by grinding, shredding, or any other process, any recognizable animals and human tissue, organs, or body parts, to render this waste non-recognizable and ensure effective treatment.

3. Follow the manufacturer’s specifications for equipment operation.

4. Supply upon request all of the following:

a. The Departmental registration number for the alternative medical waste treatment technology and the type of biohazardous medical waste that the equipment is registered to treat.

b. The equipment specifications that include all of the following:

i. The operating procedures for the equipment that enable the treater to comply with the treatment standards described in this Article for the type of waste treated.

ii. The instructions for equipment maintenance, testing, and calibration that enable the treater to comply with the treatment standards described in this Article for the type of waste treated.

5. Maintain a training manual regarding the proper operation of the equipment.

6. Maintain a treatment record consisting of a log of the volume of medical waste treated and a schedule of calibration and maintenance performed under the manufacturer’s specifications.

7. Maintain treatment records for six months after the treatment date for each load treated.

8. Maintain the equipment specifications for the duration of equipment use.

F. A generator shall do all of the following:

1. Package the treated medical waste according to the waste collection agency’s requirements;

2. Attach to the package or container a label, placard, or tag with the following words: “This medical waste has been treated as required by the Arizona Department of Environmental Quality standards” before placing the treated medical waste out for collection as a general solid waste. The generator shall ensure that the treated medical waste meets the standards of R18-13-1415.

3. Upon request of the solid waste collection agency or municipal solid waste landfill, provide a certification that the treated medical waste meets the standards of R18-13-1415.

4. Make treatment records available for Departmental inspection upon request.

G. A generator of medical sharps shall handle medical sharps as prescribed in R18-13-1419.

H. A generator of chemotherapy waste, cultures and stocks, or animal waste shall handle that waste as prescribed in R18-13-1420.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1406. Biohazardous Medical Waste Transported Off Site for Treatment

A. A generator of biohazardous medical waste shall package the waste as prescribed in R18-13-1407 before self-hauling or before setting the waste out for collection by a transporter.

B. A generator shall obtain a copy of the tracking document signed by the transporter signifying acceptance of the biohazardous medical waste. A generator shall keep a copy of the tracking document for one year from the date of acceptance by the transporter. The tracking document shall contain all of the following information:

1. Name and address of the generator, transporter, and medical waste treatment, storage, transfer, or disposal facility, as applicable.

2. Quantity of biohazardous medical waste collected by weight, volume, or number of containers.

3. Identification number attached to bags or containers.

4. Date the biohazardous medical waste is collected.

C. A generator of chemotherapy waste, cultures and stocks, or animal waste shall handle the waste as prescribed in R18-13-1420.

D. A generator of medical sharps shall handle the waste as prescribed in R18-13-1419.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1407. Packaging

A. A generator who sets biohazardous medical waste out for collection for off-site treatment or disposal shall package the biohazardous medical waste in either of the following:

1. A red disposable plastic bag that is:

a. Leak resistant,

b. Impervious to moisture,

c. Of sufficient strength to prevent tearing or bursting under normal conditions of use and handling,

d. Sealed to prevent leakage during transport,

e. Puncture resistant for sharps, and

f. Placed in a secondary container. This container shall be constructed of materials that will prevent breakage of the bag in storage and handling during collection and transportation and bear the universal biohazard symbol. The secondary container may be either disposable or reusable.

2. A reusable container that bears the universal biohazard symbol and that is:

a. Leak-proof on all sides and bottom, closed with a fitted lid, and constructed of smooth, easily cleanable materials that are impervious to liquids and resistant to corrosion by disinfection agents and hot water, and

b. Used for the storage or transport of biohazardous medical waste and cleaned after each use unless the inner surfaces of the container have been protected by disposable liners, bags, or other devices removed with the waste. “Cleaning” means agitation to remove visible particles combined with one of the following:

i. Exposure to hot water at a temperature of at least 180 degrees Fahrenheit for a minimum of 15 seconds.

ii. Exposure to an EPA-approved chemical disinfectant used under established protocols and regulations.

iii. Any other method that the Department determines is acceptable, if the determination of acceptability is made in advance of the cleaning.

B. A generator shall handle any container used for the storage or transport of biohazardous medical waste that is not capable of being cleaned as described in subsection (A)(2)(b), or that is disposable packaging, as biohazardous medical waste.

C. A generator shall not use reusable containers described in subsection (A)(2) for any purpose other than the storage of biohazardous medical waste.

D. A generator shall not reuse disposable packaging and liners and shall manage such items as biohazardous medical waste.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1408. Storage

A. A generator may place a container of biohazardous medical waste alongside a container of solid waste if the biohazardous medical waste is identified and not allowed to co-mingle with the solid waste. The storage area shall not be used to store substances for human consumption or for medical supplies.

B. Once biohazardous medical waste has been packaged for shipment off site, a generator shall provide a storage area for biohazardous medical waste until the waste is collected and shall comply with both of the following requirements:

1. Secure the storage area in a manner that restricts access to, or contact with the biohazardous medical waste to authorized persons.

2. Display the universal biohazard symbol and post warning signs worded as follows for medical waste storage areas: (in English) “CAUTION -- BIOHAZARDOUS MEDICAL WASTE STORAGE AREA -- UNAUTHORIZED PERSONS KEEP OUT” and (in Spanish) “PRECAUCION -- ZONA DE ALMACENAMIENTO DE DESPERDICIOS BIOLOGICOS PELIGROSOS -- PROHIBIDA LA ENTRADA A PERSONAS NO AUTORIZADAS.”

C. Beginning at the time the waste is set out for collection, a generator who stores biohazardous medical waste shall comply with all of the following requirements:

1. Keep putrescible biohazardous medical waste unrefrigerated if it does not create a nuisance. However, refrigerate at 40° F. or less putrescible biohazardous medical waste kept more than seven days.

2. Store biohazardous medical waste for 90 days or less unless the generator has obtained facility plan approval under A.R.S. § 49-762.04 and is in compliance with the design and operational requirements prescribed in R18-13-1412.

3. Keep the storage area free of visible contamination.

4. Protect biohazardous medical waste from contact with water, precipitation, wind, or animals. A generator shall ensure that the waste does not provide a breeding place or a food source for insects or rodents.

5. Handle spills by re-packaging the biohazardous medical waste, re-labeling the containers and cleaning any soiled surface as prescribed in R18-13-1407(A)(2)(b).

6. Notwithstanding subsection (C)(1), if odors become a problem, a generator shall minimize objectionable odors and the off-site migration of odors. If the Department determines that a generator has not acted or adequately addressed the problem, the Department shall require the waste to be removed or refrigerated at 40° F or less.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1409. Transportation; Transporter License; Annual Fee

A. A transporter shall obtain a transporter license from the Department as provided under subsections (B), (C), and (D) below in addition to possessing a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.

B. Beginning on July 1, 2012, a transporter shall pay an annual fee of $750 for every calendar year according to the following schedule, except that no transporter shall pay more than one annual fee in any calendar year:

1. Transporters registered with the Department before July 1, 2012, shall pay by December 31st of each year until their registration expires and shall apply for a license according to subsections (C) and (D) of this Section no more than 60 days before their registration expires.

2. Transporters who have been issued a license or renewal of a license under this Section and have paid the licensing year fee as provided in subsection (D) shall pay the annual fee by December 31st of each year thereafter.

3. A transporter that has not been registered with the Department shall apply and obtain a license according to subsections (C) and (D) of this Section and pay an annual fee by December 31st of each year thereafter.

C. To apply for or to renew a transporter license, an applicant shall submit all of the following on a form approved by the Department:

1. The name, address, and telephone number of the transportation company or entity.

2. All owners’ names, addresses, and telephone numbers.

3. All names, addresses, and telephone numbers of any agents authorized to act on behalf of the owner.

4. A copy of either the certificate of disclosure required by A.R.S. § 49-109 or a written acknowledgment that this disclosure is not required.

5. Photocopies or other evidence of the issuance of a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.

6. A copy of the transportation management plan that meets the requirements in subsection (I).

7. A list identifying each dedicated vehicle.

8. An application fee of $2,000 which shall apply toward the licensing year fee in subsection (D)(3).

D. The Department may only issue a transporter license, including a renewal, after all of the following:

1. All of the items in subsection (C) have been received and determined to be correct and complete;

2. A Department inspection of each transporting vehicle shows that the vehicle is in compliance with this Article; and

3. The applicant has paid a licensing year fee consisting of:

a. An amount based on the expenses associated with inspecting each transporting vehicle, evaluating the application, and approving the license, minus the application fee. The amount shall be calculated using a rate of $122 per hour, multiplied by the number of personnel hours used in these duties.

b. The annual fee of $750 for the year as provided for in subsection (B).

c. The maximum fee for both subsections (D)(3)(a) and (b) shall be $20,000.

E. A transporter license is valid for five years after issuance. To renew the license, the licensee shall submit an application under subsection (C) no later than 60 days before expiration. Renewals shall be issued after payment of a licensing year fee as provided in subsection (D)(3).

F. Amendments. After issuance, the licensee shall submit to the Department any change to the information listed in subsection (C) within 30 days of its occurrence. Vehicles may only be added to the license after a Department inspection shows that the vehicle is in compliance with this Article. Amendments to the transportation management plan or amendments adding vehicles shall be processed after payment of inspection fees and other expenses at the rate listed in subsection (D)(3), except that the application fee shall be $100 and the maximum fee $5,000.

G. An applicant who disagrees with the final bill received from the Department for the amendment, issuance, renewal or denial of a transporter license or vehicle inspections may make a written request to the Director for a review of the bill and may pay the bill under protest. The request for review shall specify the matters in dispute and shall be received by the Department within 10 working days of the date of receipt of the final bill.

H. Unless the Department and applicant agree otherwise, the review shall take place within 30 days of receipt by the Department of the request. The Director shall make a final decision as to whether the time and costs billed are correct and reasonable. The final decision shall be mailed to the applicant within 10 working days after the date of the review and is subject to appeal pursuant to A.R.S. § 49-769.

I. A person who transports biohazardous medical waste shall maintain in each transporting vehicle at all times a transportation management plan consisting of both of the following:

1. Routine procedures used to minimize the exposure of employees and the general public to biohazardous medical waste throughout the process of collecting, transporting, and handling.

2. Emergency procedures used for handling spills or accidents.

J. A transporter who accepts biohazardous medical waste from a generator shall leave a copy of the tracking document described in R18-13-1406(B) with the person from whom the waste is accepted. A transporter shall ensure that a copy of the tracking document accompanies the person who has physical possession of the biohazardous medical waste. Upon delivery to a Department-approved transfer, storage, treatment, or disposal facility, the transporter shall obtain a copy of the tracking document, signed by a person representing the receiving facility, signifying acceptance of the biohazardous medical waste.

K. A transporter who transports biohazardous medical waste in a vehicle dedicated to the transportation of biohazardous medical waste shall ensure that the cargo compartment can be secured to limit access to authorized persons at all times except during loading and unloading. In addition, the cargo compartment shall be constructed in compliance with one of the following:

1. Have a fully enclosed, leak-proof cargo compartment consisting of a floor, sides, and a roof that are made of a non-porous material impervious to biohazardous medical waste and physically separated from the driver’s compartment.

2. Haul a fully enclosed, leak-proof cargo box made of a non-porous material impervious to biohazardous medical waste.

3. Tow a fully enclosed leak-proof trailer made of a non-porous material impervious to biohazardous medical waste.

L. A person who transports biohazardous medical waste in a vehicle not dedicated to the transportation of biohazardous medical waste, but that is used longer than 30 consecutive days, shall comply with the following:

1. Subsections (A) and (I) through (M).

2. Clean the vehicle as prescribed in R18-13-1407(A)(2)(b) before it is used for another purpose.

M. A person who transports biohazardous medical waste shall comply with all of the following:

1. Accept only biohazardous medical waste packaged as prescribed in R18-13-1407.

2. Accept biohazardous medical waste only after providing the generator with a signed tracking form as prescribed in R18-13-1406(B), and keep a copy of the tracking document for one year.

3. Deliver biohazardous medical waste to a Department-approved biohazardous medical waste storage, transfer, treatment, or disposal facility within 24 hours of collection or refrigerate the waste for not more than 90 days at 40° F or less until delivery.

4. Not hold biohazardous medical waste longer than 96 hours in a refrigerated vehicle unless the vehicle is parked at a Department-approved facility.

5. Not unload, reload, or transfer the biohazardous medical waste to another vehicle in any location other than a Department-approved facility, except in emergency situations. Combination vehicles or trailers may be uncoupled and coupled to another cargo vehicle or truck trailer as long as the biohazardous medical waste is not removed from the cargo compartment.

N. As used in this Section, “licensing year” means the calendar year in which the Department issues a license or a renewal of a license under this Section.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-1410. Storage, Transfer, Treatment, and Disposal Facilities; Facility Plan Approval

A. A person shall obtain solid waste facility plan approval from the Department as prescribed in A.R.S. § 49-762.04 to construct any facility that will be used to store, transfer, treat, or dispose of biohazardous medical waste that was generated off site. Plan approval shall be obtained before starting construction of the medical waste treatment or disposal facility. This requirement also applies to solid waste facilities for which an operator self-certifies under A.R.S. § 49-762.05, if the facility also will receive biohazardous medical waste.

B. If an air quality permit is required for the facility under A.R.S. Title 49, Chapter 3, the person shall include evidence of that air quality permit, or evidence of an air quality permit application with the application for solid waste facility plan approval.

C. A person applying for facility plan approval shall ensure that the plan contains information demonstrating how the plan will comply with this Article.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1411. Storage and Transfer Facilities; Design and Operation

An operator of a storage facility or transfer facility shall comply with all of the following design and operation requirements:

1. Design the facility so that biohazardous medical waste is always handled and stored separately from other types of solid waste if accepted at the facility.

2. Display prominently the universal biohazard symbol as prescribed in R18-13-1401.

3. Construct the storage area from smooth, easily cleanable non-porous material that is impervious to liquids and resistant to corrosion by disinfecting agents and hot water.

4. Protect biohazardous medical waste from contact with water, precipitation, wind, or animals.

5. Specify in the application for facility plan approval the maximum storage time that biohazardous medical waste will remain at the facility. If the biohazardous medical waste will be stored for more than 24 hours, the operator shall equip the facility with a refrigerator to refrigerate the biohazardous medical waste. The operator of the facility shall maintain the temperature in the refrigerator at 40° F. or less.

6. Accept biohazardous medical waste only if it is accompanied by the tracking form. The operator shall sign the tracking form and keep a copy of the acceptance documentation for one year;

7. Accept biohazardous medical waste if it is packaged as described in R18-13-1407. If a biohazardous medical waste container is damaged or leaking, improperly labeled, or otherwise unacceptable, a transfer facility operator shall do one of the following:

a. Reject the waste and return it to the transporter.

b. Accept the waste and immediately repackage it as prescribed in R18-13-1407(A).

8. Clean the storage area daily as prescribed in R18-13-1407(A)(2).

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1412. Treatment Facilities; Design and Operation

A. An operator who applies for facility plan approval shall comply with all of the following:

1. Submit to the Department the following documentation:

a. Equipment specifications that identify the proper type of medical waste to be treated in the equipment and any design or equipment restrictions.

b. Manufacturer’s specifications and operating procedures for the equipment that describe the type and volume of waste to be treated, monitoring data of the treatment process, and calibration and testing of the equipment, providing specific details about the capability of the equipment to achieve the treatment standards prescribed in R18-13-1415.

c. Instructions for equipment maintenance, testing, and calibration that ensure the equipment achieves the treatment standards prescribed in R18-13-1415.

d. Training manual for the equipment.

e. Written certification from the manufacturer stating that the equipment, when operated properly, is capable of achieving the treatment standards prescribed in R18-13-1415.

2. Submit to the Department and have readily available at the facility, an operations procedure manual describing how the waste will be handled from the time it is accepted by the treater through the treatment process and final disposition of the treated waste. The operations procedure manual shall include all of the following:

a. Provisions for treating biohazardous medical waste within 24 hours of receipt or refrigerating immediately at 40° F. or less upon determination that treatment or disposal will not occur within 24 hours.

b. A contingency plan if the treatment equipment is out of service for an extended period of time. The plan shall address the manner and length of time for storage of the waste. An operator shall not store biohazardous medical waste more than 90 days. The plan shall be based on the capacity of the treatment equipment to treat all waste at the facility, including any backlog of stored waste and any new waste intake. If the 90-day time-frame will be exceeded, the operator shall either stop accepting waste until the backlog is treated, or contract with another treatment facility for treating the waste.

c. Procedures for handling hazardous chemicals, radioactive waste, and chemotherapy waste. The plan shall provide for scanning biohazardous medical waste with a Geiger counter and handling waste that measures above background level in a manner that complies with state and federal law.

3. Have on hand written procedures stating that biohazardous medical waste is to be accepted from a transporter only if the waste is accompanied by a tracking form, and written procedures that require compliance with both of the following:

a. The treater or the treater’s authorized agent shall sign the tracking document and keep a copy of the acceptance documentation for one year.

b. If a biohazardous medical waste container is damaged or leaking, improperly labeled, or otherwise unacceptable, a treater shall do one of the following:

i. Reject the waste and return it to the transporter.

ii. Accept the waste and transfer it directly from the transporting vehicle to the treatment processing unit.

iii. If the waste will not be treated immediately, repackage the waste for storage.

4. Assure that the facility is designed to meet both of the following requirements:

a. Any floor or wall surface in the processing area of the facility which may come into contact with biohazardous medical waste is constructed of a smooth, easily cleanable non-porous material that is impervious to liquids.

b. The floor surface in the treatment and storage area either has a curb of sufficient height to contain spills or slopes to a drain that connects to an approved sanitary sewage system, septic tank system, or collection device.

5. Store biohazardous medical waste as required in R18-13-1408.

6. Comply with all of the following if the treatment method is incineration:

a. Reduce the incinerated medical waste, excluding metallic items, into carbonized or mineralized ash by incineration.

b. Determine whether the ash is hazardous waste as required under R18-8-262.

7. Conduct any autoclaving according to the manufacture’s specifications for the unit.

8 Use only alternative medical waste treatment methods that achieve the treatment standards in R18-13-1415(A).

9. Treat animal waste, chemotherapy waste, and cultures and stocks as prescribed in R18-13-1420.

10. Treat medical sharps as prescribed in R18-13-1419.

11. Keep records of equipment maintenance and operational performance levels for three years. The records shall include the date and result of all equipment calibration and maintenance. Operational performance level records shall indicate the duration of time for each treatment cycle and:

a. For steam treatment and microwaving treatment records, both the temperature and pressure maintained in the treatment unit during each cycle and the method used for confirmation of temperature and pressure.

b. For chemical treatment, a description of the solution used.

c. For incineration, the temperature maintained in the treatment unit during operation.

d. Any other operating parameters in the manufacturer’s specifications.

e. A description of the treatment method used and a copy of the maintenance test results.

12. Not open the red bag prior to treatment unless opening the bag is required to treat the contents. Transfer of the entire contents, when performed as part of the treatment process, is permitted.

B. The treater shall make treatment records available for Departmental inspection upon request.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1413. Changes to Approved Medical Waste Facility Plans

A. As required by A.R.S. § 49-762.06, before making any change to an approved facility plan a treatment facility owner or operator shall submit a notice to the Department stating which of the following categories of change is requested:

1. A Type I change to an approved medical waste facility plan is a change not described in subsection (A)(2), (3), or (4).

2. A Type II change to an approved medical waste facility plan is a change in which treatment equipment is replaced with equal or like equipment, resulting in either no increase to treatment capacity or the addition of equipment that is not directly used in the treatment process.

3. A Type III change to an approved medical waste facility plan is a change described by one of the following:

a. Treatment equipment is added, resulting in less than a 25% increase in treatment capacity.

b. The storage area is enlarged resulting in less than a 25% increase in storage capacity.

c. Treatment technology is changed.

4. A Type IV change to an approved medical waste facility plan is a change described by one of the following:

a. Treatment equipment is added, resulting in a 25% or more increase in treatment capacity.

b. The storage area is enlarged resulting in a 25% or more increase in storage capacity.

c. Treatment equipment is added that requires an environmental permit.

d. An expansion of the treatment facility onto land not previously described in the approved plan.

B. As required by A.R.S. § 49-762.06, a treatment facility operator who has identified a change under subsection (A) shall comply with one of the following:

1. For a Type I change, make the change without notice to, or approval by the Department.

2. For a Type II change, before making any change, provide written notification that describes the change to the Department. The addition of refrigeration units only for compliance with this Article is a Type II change for which no Departmental approval is required.

3. For a Type III or Type IV change, submit an amended plan to the Department for approval before making any change. Departmental approval is required prior to making any change.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1414. Alternative Medical Waste Treatment Methods: Registration and Equipment Specifications

A. A manufacturer or its agent who applies for alternative medical waste treatment method registration shall submit to the Department all of the following:

1. The manufacturer or company name and address.

2. The name, address, and telephone number of the person who submits the application.

3. A description of the alternative medical waste treatment method.

4. A list of any other states in which the treatment method is used, including a copy of any state approvals.

5. A description of by-products generated as result of the alternative treatment method.

6. A certification statement that the contents of the application are true and accurate to the knowledge and belief of the applicant.

7. Written documentation demonstrating that the alternative medical waste treatment method is capable of compliance with the treatment standards in this Article for the type of waste treated. The manufacturer shall employ a laboratory independent of any oversight activities by the manufacturer to provide this analysis.

8. The manufacturer’s equipment specifications for the alternative medical waste treatment method being registered, including all of the following:

a. Unit model number, or serial number.

b. Equipment specifications that identify the proper type of biohazardous medical waste to be treated by the equipment and any design or equipment restrictions.

c. Operating procedures for the equipment that ensure the equipment complies with the treatment standards prescribed in this Article for the type of waste treated.

d. Instructions for equipment maintenance, testing, and calibration that ensure the equipment complies with the treatment standards prescribed in this Article for the type of waste treated.

9. Written documentation of registration if required by A.R.S. § 3-351.

B. The Department shall make a determination whether to approve the registration application. If the Department approves the application, it shall issue to the applicant a certification of registration containing an alternative medical waste treatment method registration number. Only an alternative technology method with a valid Department issued registration number meets the requirements of this Article.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1415. Treatment Standards, Quantification of Microbial Inactivation and Efficacy Testing Protocols

A. A treater using an alternative treatment technology shall ensure that treatment achieves either of the following treatment standards:

1. A 6 log 10 inactivation in the concentration of vegetative microorganisms.

2. A 4 log 10 inactivation in the concentration of Bacillus stearothermophilus or Bacillus subtilis as is appropriate to the technology.

B. A treater utilizing an alternative treatment method shall conduct efficacy studies to demonstrate that the treatment mechanisms are capable of achieving the standards in subsection (A) through either of the following:

1. Mycobacterial species used as indicators of vegetative microorganisms:

a. Mycobacterium phlei, or

b. Mycobacterium bovis (BOG) (ATCC 35743)

2. Spore suspensions of one of the following two bacterial species, as appropriate to the technology, used as biological indicators in efficacy tests of thermal, chemical, and irradiation treatment systems. Studies shall demonstrate a 4 log 10 reduction in the concentration of viable spores, through the use of an initial inoculum suspension of 5 log 10 or greater of:

a. Bacillus stearothermophilus (ATCC 7953), or

b. Bacillus subtilis (ATCC 19659).

C. A treater utilizing an alternative treatment method shall quantify microbial inactivation as follows:

1. Microbial inactivation, or “kill” efficacy is equated to “Log 10 Kill” that is defined as the difference between the logarithms of the number of viable test microorganisms before and after treatment. This definition is stated as:

Log 10 Kill = Log 10 (cfu/g “I”) - Log 10 (cfu/g “R”)

where:

Log 10 Kill is equivalent to the term Log 10 reduction,

“I” is the number of viable test microorganisms introduced into the treatment unit,

“R” is the number of viable test microorganisms recovered from the treatment unit, and

“cfu/g” are colony forming units per gram of waste solids.

2. For those treatment processes that can maintain the integrity of the biological indicator carrier of the desired microbiological test strain, biological indicators of the required strain and concentration may be used to demonstrate microbial inactivation. Quantification is evaluated by growth or no growth of the cultured biological indicator.

3. For those treatment mechanisms that cannot ensure or provide integrity of the biological indicator, quantitative measurement of microbial inactivation requires a two-step approach: Step 1 “Control” and Step 2 “Test”. The purpose of Step 1 is to account for the reduction of test microorganisms due to loss by dilution or physical entrapment.

a. Step 1:

i. Use microbial cultures of a predetermined concentration necessary to ensure a sufficient microbial recovery at the end of this step.

ii. Add suspension to a standardized medical waste load that is to be processed under normal operating conditions without the addition of the treatment agent (that is, heat, chemicals).

iii. Collect and wash waste samples after processing to recover the biological indicator organisms in the sample.

iv. Plate the recovered microorganism suspensions to quantify microbial recovery. The number of viable microorganisms recovered serves as a baseline quantity for comparison to the number of recovered microorganisms from wastes processed with the treatment agent.

v. The required number of recovered viable indicator microorganisms from Step 1 must be equal to or greater than the number of microorganisms required to demonstrate the prescribed Log reduction, either a 6 Log 10 reduction for vegetative microorganisms or a 4 Log 10 reduction for bacterial spores. This can be defined by the following equation:

Log 10 RC = Log 10 IC - Log 10 NR

or

Log 10 NR = Log 10 IC - Log 10 RC

where:

Log 10 RC is greater than 6 for vegetative microorganisms and greater than 4 for bacterial spores and where:

Log 10 RC is the number of viable “control” microorganisms in colony forming units per gram of waste solids recovered in the non-treated, processed waste residue;

Log 10 IC is the number of viable “control” microorganisms in colony forming units per gram of waste solids introduced into the treatment unit;

Log 10 NR is the number of “control” microorganisms in colony forming units per gram of waste solids which were not recovered in the non-treated, processed waste residue. Log 10 NR represents an accountability factor for microbial loss.

b. Step 2:

i. Use microbial cultures of the same concentration as in Step 1.

ii. Add suspension to the standardized medical waste load that is to be processed under normal operating conditions with the addition of the treatment agent.

iii. Collect and wash waste samples after processing to recover the biological indicator organisms in the sample.

iv. Plate recovered microorganism suspensions to quantify microbial recovery.

v. From data collected from Step 1 and Step 2, the level of microbial inactivation, “Log 10 Kill”, is calculated by employing the following equation:

Log 10 Kill = Log 10 IT - Log 10 NR - Log 10 RT

where:

Log 10 Kill is equivalent to the term Log 10 reduction;

Log 10 IT is the number of viable “Test” microorganisms in colony forming units per gram of waste solids introduced into the treatment unit. Log 10 IT = Log 10 IC;

Log 10 NR is the number of “Control” microorganisms in colony forming units per gram of waste solids which were not recovered in the non-treated, processed waste residue;

Log 10 RT is the number of viable “Test” microorganisms in colony forming units per gram of waste solids recovered in treated, processed waste residue.

D. A treater shall employ the appropriate methodology to determine efficacy of the treatment technology following the protocols in subsection (C) that are congruent with the treatment method.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1416. Recycled Materials

A. Once a generator places biohazardous medical waste in a red bag as required in R18-13-1407, a person shall not remove any of the biohazardous medical waste from the bag until the biohazardous medical waste has been treated as required in R18-13-1415.

B. A generator of biohazardous medical waste intending to recycle any portion of the biohazardous medical waste shall segregate that portion of biohazardous medical waste from the portion of biohazardous medical waste that will not be recycled. The generator shall do either of the following:

1. Treat the biohazardous medical waste intended for recycling as required in R18-13-1415 before sending the treated medical waste to a recycler.

2. Follow the requirements in R18-13-1406, R18-13-1407, and R18-13-1408, before either contracting with a transporter to haul or self-hauling the biohazardous medical waste to a treatment facility for treatment. After treatment, the treated medical waste may be sent to a recycler.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1417. Disposal Facilities: Operation

An operator of a municipal solid waste landfill that accepts untreated biohazardous medical waste shall comply with all the following in design and operational requirements:

1. Accept biohazardous medical waste only if packaged according to R18-13-1407.

2. Keep the biohazardous medical waste disposal area separate from the general purpose disposal area.

3. Clearly label the biohazardous medical waste disposal area, informing persons that the disposal area contains untreated medical waste.

4. Not drive directly over deposited medical waste. The operator shall achieve compaction by first spreading a layer of soil that is sufficiently thick to prevent compaction equipment from coming into direct contact with the waste, or dragging waste over the area.

5. Cover the biohazardous medical waste with 6 inches of compacted soil at the end of the working day or more often as necessary to prevent vector breeding and odors.

6. Not allow salvaging of untreated biohazardous medical waste from the landfill.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1418. Discarded Drugs

A. A generator of discarded drugs not returned to the manufacturer shall destroy the drugs on site prior to placing the waste out for collection. A generator shall destroy the discarded drugs by any method that prevents the drug’s use. If federal or state law prescribes a specific method for destruction of discarded drugs, the generator shall comply with that law.

B. A generator of discarded drugs may flush them down a sanitary sewer if allowed by the wastewater treatment authority.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1419. Medical Sharps

Medical sharps shall be handled as follows:

1. A generator who treats biohazardous medical waste on site shall place medical sharps in a sharps container after rendering them incapable of creating a stick hazard by using an encapsulation agent or any other process that prevents a stick hazard. Medical sharps encapsulated or processed in this manner are considered to be solid waste.

2. A generator who ships biohazardous medical waste off site for treatment shall either:

a. Place medical sharps in a medical sharps container and follow the requirements of R18-13-1406, or

b. Package and send medical sharps to a treatment facility via a mail-back system as prescribed by the instructions provided by the mail-back system operator. An Arizona treatment facility shall render medical sharps incapable of creating a stick hazard by using an encapsulation agent or any other process that prevents a stick hazard.

3. A person operating a treatment facility who accepts medical sharps for treatment shall either:

a. Encapsulate medical sharps to prevent stick hazard, or

b. Use any other process that prevents a stick hazard.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

R18-13-1420. Additional Handling Requirements for Certain Wastes

A. A person who treats the following biohazardous medical waste categories shall meet the following additional requirements:

1. Cultures and stocks shall be incinerated, autoclaved, or treated by an alternative medical waste treatment method that meets the treatment standards set forth in R18-13-1415(A) and packaged inside a watertight primary container with absorbent packing materials if shipped off site for treatment or disposal. The primary container shall be placed inside a secondary inner container that is then placed inside an outer container. If federal or state law prescribes specific requirements for packaging and transporting this waste, the treater shall comply with that law.

2. Chemotherapy waste shall be incinerated or disposed of in either an approved solid waste or hazardous waste disposal facility.

3. Experimental or research animal waste shall be handled as follows:

a. Autoclave bedding on site or package as described in R18-13-1407 for off-site treatment or landfilling.

b. Incinerate animal carcasses on site, or if taken off site for treatment, comply with one of the following requirements:

i. Package the waste in a leakproof, covered container, label the contents and send to an incinerator or a Department-approved landfill, or

ii. If treated by a method other than incineration, pre-process by grinding, then treat by a method that achieves the standards of R18-13-1415(A).

B. If a treater uses grinding in combination with another treatment method described in this Article, the treater shall conduct it in a closed system to prevent humans from being exposed to the release of the waste into the environment. If grinding is used for medical sharps, the grinding shall render the medical sharps incapable of creating a stick hazard.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

ARTICLE 15. RECODIFIED

Editor’s Note: The recodification at 7 A.A.R. 2522 described below erroneously moved Sections into 18 A.A.C. 9, Article 9. Those Sections were actually recodified to 18 A.A.C. 9, Article 10. See the Historical Notes for more information (Supp. 01-4).

Article 15, consisting of Sections R18-13-1501 through R18-13-1514 and Appendix A, recodified to 18 A.A.C. 9, Article 9 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2).

R18-13-1501. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-902 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1002 (Supp. 01-4).

R18-13-1502. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-901 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1001 (Supp. 01-4).

R18-13-1503. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-903 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1003 (Supp. 01-4).

R18-13-1504. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-904 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1004 (Supp. 01-4).

R18-13-1505. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-905 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1005 (Supp. 01-4).

R18-13-1506. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-906 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1006 (Supp. 01-4).

R18-13-1507. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-907 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1007 (Supp. 01-4).

R18-13-1508. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-908 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1008 (Supp. 01-4).

R18-13-1509. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-909 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1009 (Supp. 01-4).

R18-13-1510. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-910 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1010 (Supp. 01-4).

R18-13-1511. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-911 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1011 (Supp. 01-4).

R18-13-1512. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-912 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1012 (Supp. 01-4).

R18-13-1513. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-913 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1013 (Supp. 01-4).

R18-13-1514. Recodified

Historical Note

Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-914 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1014 (Supp. 01-4).

Appendix A. Recodified

Historical Note

Appendix A, “Procedures to Determine Annual Biosolids Application Rates”, adopted effective April 23, 1996 (Supp. 96-2). Appendix A recodified to 18 A.A.C. 9, Article 9 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to 18 A.A.C. 9, Article 10 (Supp. 01-4).

ARTICLE 16. BEST MANAGEMENT PRACTICES FOR PETROLEUM CONTAMINATED SOIL

Article 16, consisting of Sections R18-13-1601 through R18-13-1614, recodified from 18 A.A.C. 8, Article 16 at 8 A.A.R. 5172, effective November 27, 2002; Section and subsection citations within this Article were also updated under A.R.S. § 41-1011(C) (Supp. 02-4).

R18-13-1601. Definitions

In addition to definitions in A.R.S. § 49-851 and A.A.C. R18-13-1301, the terms in this Article shall have the following meanings:

1. “Accumulation site” means an area or site at which PCS from one or more points of generation under the control of the generator of PCS is accumulated for more than 12 hours but less than 90 days prior to treatment, storage, or disposal.

2. “Containment system” means a system designed to contain an accumulation of special waste which meets the design and performance standards in R18-13-1608 and either R18-13-1609 or R18-13-1611.

3. “Excavated” means removed from the earth by scraping or digging a hole or cavity in the earth’s surface or otherwise removed from the earth’s surface.

4. “Facility” or “special waste receiving facility” means a treatment facility, storage facility, or disposal facility which has been approved by the Director in accordance with A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-858.

5. “Hazardous waste” means hazardous waste as defined in A.R.S. § 49-921(5).

6. “Non-fuel, non-solvent petroleum product” means a petroleum-based substance refined from virgin crude oil that is not used as a solvent or fuel including mineral oils and hydraulic oils.

7. “Non-regulated soils” means soils contaminated with total petroleum hydrocarbon (TPH) levels equal to or less than 100 mg/kg which are neither hazardous waste, PCS, nor solid waste PCS, and which do not constitute an environmental nuisance pursuant to A.R.S. §§ 49-141 through 49-144.

8. “PCS” means petroleum-contaminated soils, which are not hazardous waste or solid waste PCS, which are excavated for storage, treatment, or disposal, and which contain contaminants as described by any of the following:

a. TPH which exceeds concentrations of 5,000 mg/kg,

b. Benzene which exceeds concentrations of 0.13 mg/kg,

c. Toluene which exceeds concentrations of 200 mg/kg,

d. Ethylbenzene which exceeds concentrations of 68 mg/kg,

e. Total xylene which exceeds concentrations of 44 mg/kg.

9. “PCS disposal facility” means a site or special waste receiving facility at which the disposal of PCS has been approved by the Director pursuant to A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-858.

10. “Petroleum” means petroleum as defined in A.R.S. § 49-1001(11).

11. “Point of compliance” means point of compliance as defined in A.R.S. § 49-244.

12. “Special waste shipper” means a person who transports special waste for off-site treatment, storage, or disposal.

13. “Solid waste PCS” means excavated soils contaminated with petroleum, which are not hazardous waste and which meet any of the following:

a. Have TPH concentrations which exceed 100 mg/kg but which are at or below 5,000 mg/kg;

b. Are soils contaminated with non-fuel, non-solvent petroleum products with a TPH which exceeds 100 mg/kg.

14. “Storage” means the holding of PCS for a period of more than 90 days but less than one year.

15. “Storage facility” means a special waste receiving facility which engages in storage and which has been approved by the Director pursuant to A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-858.

16. “Temporary treatment facility” means an on-site treatment facility, or an off-site treatment facility owned or operated by the generator of PCS, where the PCS is treated to reduce TPH, benzene, toluene, ethylbenzene, or total xylene concentrations and which complies with the requirements of R18-13-1610.

17. “Total petroleum hydrocarbons” or “TPH” means the sum of the aliphatic and aromatic hydrocarbon constituents contained in petroleum, as determined through laboratory testing.

18. “Treatability study” means a study in which a special waste is subjected to a treatment process to determine any one or more of the following:

a. Whether the waste is amenable to the treatment process,

b. What pretreatment is required,

c. The optimal process conditions needed to achieve the desired treatment,

d. The efficiency of a treatment process,

e. The characteristics and volumes of residual contaminants from a particular treatment process,

f. Toxicological and health effects.

19. “Treatment facility” means a special waste receiving facility which has been approved by the Director pursuant to A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-858, and at which PCS receives treatment to reduce TPH or benzene, toluene, ethylbenzene, or total xylene concentrations.

Historical Note

Recodified from R18-8-1601 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1602. Applicability

A. The Director declares that PCS, as defined in R18-13-1601(8), constitutes a special waste as defined in A.R.S. § 49-851(A)(9). Except as otherwise provided in this Section and R18-13-1603, PCS shall be treated, stored, and disposed of in accordance with this Article. PCS shall not be diluted with any material or substance for purposes of avoiding applicability of these rules.

B. PCS which is used in a treatability study shall comply with all of the following:

1. The owner or operator of the facility where a treatability study is to be conducted shall notify the Department of its intent to conduct a treatability study at least 30 days prior to the commencement of the treatability study.

2. The total quantity of PCS used in the treatability study shall not exceed 5000 kilograms, unless evidence is provided which justifies the need for a larger quantity and permission to use a larger amount is granted by the Director.

3. The owner or operator of the facility shall maintain records detailing the treatability study and the results obtained in accordance with R18-13-1614.

4. The treatability study shall be completed and the PCS shall be removed from the site within one year from commencement of the study.

5. Upon completion of the treatability study, the owner or operator of a facility shall dispose of the PCS used in the treatability study in accordance with this Article.

6. Sampling of the PCS shall be conducted in accordance with R18-13-1604(B) and (C) before and after the treatability study is performed.

7. The performance of the treatability study shall not result in an environmental nuisance pursuant to A.R.S. §§ 49-141 through 49-144.

C. PCS which is excavated pursuant to the requirements of A.R.S. Title 49, Chapter 6, Underground Storage Tank Regulation, and which is not removed from the site, shall comply with the requirements of R18-13-1610 and R18-13-1612.

D. PCS incorporated into asphalt for use in paving is not subject to other provisions of this Article if the owner or operator of the facility where the asphalt is produced does all of the following:

1. Notifies the Department in writing at least 30 days prior to commencing such incorporation,

2. Maintains records in accordance with R18-13-1614,

3. Stores the PCS prior to incorporation in accordance with R18-13-1611,

4. Uses only soil characterized as PCS based on TPH concentrations as set forth in R18-13-1601(8)(a).

Historical Note

Recodified from R18-8-1602 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1603. Exemptions

A. Solid waste PCS are exempt from the provisions of this Article, except for the requirements in R18-13-1604, and are subject to A.R.S. § 49-761 et seq.

B. Non-regulated soils are exempt from the provisions of this Article, except for the requirements in R18-13-1604, and are exempt from the requirements of A.R.S. § 49-761 et seq.

C. Asphaltic cement which is not hazardous waste is exempt from the requirements of this Article.

D. Soils which are contaminated with petroleum, which have been generated by households, and which are not hazardous waste, shall be exempt from the requirements of this Article.

E. Soil characterized as PCS solely because the TPH concentration exceeds 5,000 mg/kg may be disposed in accordance with A.R.S. § 49-761 et seq. and shall be exempt from the requirements of this Article, except that the generator shall comply only with the requirements for accumulation sites in R18-13-1612, if either of the following conditions are met:

1. The mathematical product of the TPH (mg/kg) and the number of tons excavated is less than 10,000.

2. The mathematical product of the TPH (mg/kg) and the number of cubic yards excavated is less than 8,500.

Historical Note

Recodified from R18-8-1603 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1604. Waste Determination

A. A generator of excavated soil contaminated with petroleum shall determine whether the soil is PCS, solid waste PCS, or non-regulated soil. The basis for the determination shall be maintained for at least three years and shall be made available to the Department upon request. The generator shall make such determination using either of the following methods:

1. Testing the soil pursuant to subsection (B) of this Section. Laboratory analysis of these samples shall be performed by a laboratory licensed by the Arizona Department of Health Services. Approved testing methods, which identify concentrations for total recoverable extraction of contaminants, shall be used.

2. Application of knowledge of the characteristics of the contaminated soil in light of the known or potential source of the contamination. The Department may require sampling to confirm the accuracy of applied knowledge.

B. Sampling of soils contaminated with petroleum shall be performed in accordance with a site-specific written sampling plan which is consistent with the requirements set forth in either of the following:

1. “Test Methods for Evaluating Solid Waste”, EPA SW-846, 3rd Edition Volume II: Field Manual, Physical/Chemical Method, Chapter Nine (SW-846 Third Edition), 1986, Environmental Protection Agency, Washington, D.C. and no future editions or amendments, incorporated herein by reference and on file with the Department and the Office of the Secretary of State.

2. “Quality Assurance Project Plan”, Chapter 9, May 1991 Edition, Arizona Department of Environmental Quality, Phoenix, Arizona and no future editions or amendments incorporated herein by reference and on file with the Department and the Office of the Secretary of State.

C. Where multiple samples are collected from a stockpile of contaminated soil generated from a single source, the stockpile shall be considered as PCS if the arithmetic mean of the TPH concentrations of the samples exceeds 5,000 mg/kg. A sample having a concentration of total petroleum hydrocarbons which is below the analytical method detection limit or reporting limit shall be assigned a concentration which is 1/2 of the reported analytical method detection limit or reporting limit.

D. If soil excavated during the initial investigation of a site to determine the extent of contamination is PCS, the PCS may be returned into the excavation site from which the soil was removed if all of the following conditions are met:

1. There is no freestanding liquid within the excavation, unless the State Fire Marshal or other jurisdictional fire authority directs otherwise, and the requirements of subsections (2) and (3) of this subsection are met.

2. The owner or operator provides notification to the Department that the PCS has been returned to the excavation within 14 days after the return of the PCS to the excavation.

3. The owner or operator completes a site characterization within 120 days and implements remediation within 150 days after the date the site characterization began.

Historical Note

Recodified from R18-8-1604 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1605. Transportation

A. PCS transported to a special waste receiving facility in Arizona shall be transported by a special waste shipper which has met the requirements of R18-13-1303.

B. A special waste shipper shall transport the PCS in closed containers pursuant to R18-13-1611(E) or shall ensure that any vehicle used to transport the PCS is loaded and covered in such a manner that the contents will not blow, fall, leak, or spill from the vehicle.

C. A special waste shipper transporting PCS to a special waste receiving facility in Arizona, except a facility located on Indian country, shall deliver PCS to a special waste receiving facility approved by the Department.

Historical Note

Recodified from R18-8-1605 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1606. Fees

In accordance with A.R.S. §§ 49-855(C)(2) and 49-863, the treatment, storage, or disposal facility in this state that first receives a shipment of PCS shall remit to the Department a fee of $4.50 per ton but not more than $45,000 per generator site per year for PCS that is transported to the facility.

Historical Note

Recodified from R18-8-1606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-1607. Facility Approval; Application

A. PCS shall be treated, stored, or disposed only at a PCS disposal facility, storage facility, treatment facility, or temporary treatment facility. A facility shall not be constructed or operated prior to obtaining written approval from the Department, except as provided for in A.R.S. § 49-858.

B. The owner or operator of a PCS treatment, storage, or disposal facility shall submit an application to the Department which contains all of the information required in accordance with A.R.S. § 49-762.

C. In addition to the requirements specified in A.R.S. § 49-762, the application shall contain all of the following:

1. 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.

2. An engineering report which includes all of the following:

a. Detailed plans and specifications for the entire facility including manufacturer’s performance data and design features of treatment, pollution control, and monitoring equipment.

b. A site description which includes general information on the geology, hydrogeology, soils, and land use. If a facility is located within the pollution management area of a facility for which an aquifer protection permit has been issued under A.R.S. § 49-241 et seq., then the applicant may resubmit or incorporate by reference the general information.

c. A background soil sampling plan and results which characterize the site, including the rationale used to determine the locations, depths, and number of samples.

3. 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.

4. 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;

e. Procedures to ensure that only waste which has been characterized is received and that hazardous waste is not received;

f. Procedures for random inspection of incoming loads to verify that only waste which has been characterized is accepted;

g. Procedures for collecting and managing run-off which comes in contact with PCS;

h. Procedures for recordkeeping of all inspection results, training of personnel, and sampling results;

i. Procedures to control public access, and prevent unauthorized entry and illegal dumping.

5. A contingency plan for emergency preparedness which describes alternatives for storage, treatment, or disposal.

6. A closure plan which includes:

a. A description of the steps necessary to close the facility, the specific proposed closure activities, and an implementation schedule;

b. Information on site conditions and characterization of the waste received during the life of the facility;

c. A description of the sampling plan utilized to sample background soil beneath the site following closure;

d. A description of plans for use of the land site after closure;

e. A description of post-closure care.

7. An affidavit that the proposed facility is in compliance with local zoning requirements in effect at the time the application is submitted.

D. Following completion of construction of a facility and prior to placement of PCS on the site, the owner or operator shall submit to the Department a construction certification report, including as-built plans which indicate any changes to the design or operational plans for the facility.

E. Plans required in accordance with this Section shall be sealed by a professional engineer registered in the state of Arizona, if required by statute.

F. A facility shall be in compliance with all other applicable federal, state, and local approvals or permits which are required for the design, construction, and operation of the facility.

Historical Note

Recodified from R18-8-1607 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1608. General Design and Performance Standards

A. A facility which receives PCS for treatment, storage, or disposal shall be designed and operated to ensure compliance with the following performance standards relating to aquifer protection:

1. Pollutants discharged shall in no event cause or contribute to a violation of Aquifer Water Quality Standards, at the applicable point of compliance, or, if the facility is a municipal solid waste landfill, it shall comply with the requirements of A.R.S. § 49-761.01(C).

2. Any pollutant discharged shall not further degrade, at the applicable point of compliance, the quality of any aquifer that already violates an Aquifer Water Quality Standard for that pollutant.

B. A facility which receives PCS for treatment, storage, or disposal shall meet the general design criteria of either subsection (B)(1) or (2) as follows:

1. The PCS shall be held within a containment system designed and constructed to preclude the migration of contaminants into subsurface soil, groundwater, or surface water. The containment system shall meet the following criteria:

a. Maintain a maximum hydraulic conductivity of no more than 1 x 10 -7 cm/sec;

b. Be designed to provide structural integrity throughout the life of the facility;

c. Be designed in accordance with the applicable design criteria set forth in subsection (C) of this Section and R18-13-1609 through R18-13-1613; or

2. An alternative design shall contain, at a minimum, all of the following and shall demonstrate that the design will limit discharges listed in A.R.S. § 49-243(D) to the maximum extent practicable:

a. The hydrogeologic setting of the facility and the capacity of the liner and soils to preclude discharge to groundwater or surface water;

b. The operating methods, processes, or other alternatives to be used at the facility;

c. Additional factors which would influence the quality and mobility of the leachate produced and the potential for that leachate to migrate to groundwater or surface water.

C. A PCS treatment, storage, or disposal facility shall meet the following general design criteria:

1. The facility shall be designed to prevent run-on and run-off. The design shall provide run-on control for the peak discharge from a 24-hour, 25-year storm event. Run-off shall be collected and controlled for at least the water volume resulting from a 24-hour, 25-year storm event.

2. The facility shall not restrict the flow of the 100-year floodplain, reduce temporary water storage capacity of the floodplain, or be maintained in a manner which results in a washout or inundation of the PCS.

3. The owner or operator shall control public access and shall prevent unauthorized vehicular traffic and illegal dumping.

4. The owner or operator shall manage any standing water that has come into contact with the PCS in accordance with rules promulgated pursuant to A.R.S. § 49-761 et seq.

D. A facility which manages PCS in accordance with the requirements of this Article shall be exempt from the aquifer protection permit requirements in accordance with A.R.S. § 49-250(B)(21).

E. A facility which has been issued an aquifer protection permit from the Department shall be exempt from the requirements of subsections (A) and (B) of this Section but shall comply with the requirements of subsection (C).

Historical note

Recodified from R18-8-1608 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1609. Treatment Facility

A. The owner or operator of a PCS treatment facility shall obtain approval from the Department prior to commencement of construction or operation and shall comply with all of the following:

1. Not dilute PCS as a method of treatment, except as allowed in the approved plan for the facility;

2. Treat the PCS or, if the chosen treatment process fails to remediate the soil to below the regulatory thresholds, dispose of the PCS pursuant to R18-13-1613.

3. Sample the treated soil and provide the results of the sampling to the Department within 45 days of completion of the treatment.

B. A PCS treatment facility designed in accordance with R18-13-1608(B)(1) shall comply with the following specific design criteria:

1. At a minimum, a containment system shall include a clay, synthetic, concrete, or asphalt liner component which is placed upon a foundation or prepared subgrade which supports the liner, and resists pressure gradients above and below the liner, to prevent failure due to settlement, compression, or uplift.

2. During construction or installation of a containment system, liners and cover systems shall be inspected for uniformity, damage, and imperfections. Immediately after construction or installation is completed, and prior to placement of PCS within the containment system, the systems shall be checked for both of the following:

a. Synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

b. Concrete, asphalt, and soil-based liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

3. The liner component shall consist of one of the following:

a. A synthetic liner which is compatible with the waste and which has a minimum 6” buffer layer of sand or soil between the liner and the PCS.

b. A compacted soil or admixed liner provided with a minimum 6” buffer layer of sand or soil between the liner and the PCS.

c. An asphalt or reinforced concrete liner which is not in the drainage area of a dry well and is free of unsealed cracks and seams.

4. Aeration equipment shall be limited to the area above the buffer layers indicated in subsections (B)(2)(a) and (b).

5. The owner or operator of the facility shall utilize protective measures to ensure containment system integrity during placement, treatment, or removal of the PCS.

6. PCS stored at a treatment facility prior to treatment shall be stored in accordance with the requirements of R18-13-1611.

Historical Note

Recodified from R18-8-1609 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1610. Temporary Treatment Facility

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 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).

Historical Note

Recodified from R18-8-1610 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1611. Storage Facility

A. A shipment of PCS shall not be stored for a period exceeding one year from the date the PCS is received.

B. Each shipment of contaminated soil shall be identified by source and stored in a manner which does not allow commingling of different shipments until all sampling results have been obtained. PCS shall be stored within an approved containment system and shall not be commingled with treated soils.

C. A PCS storage facility shall obtain approval from the Department prior to commencement of construction or operation. A PCS storage facility designed in accordance with R18-13-1608(B)(1) shall comply with either of the following:

1. The containment system shall meet the requirements of R18-13-1609(B).

2. The PCS shall be stored in tanks or containers which meet the requirements of subsection (E) of this Section.

D. A PCS storage area or each tank or container used for storage shall be marked as follows:

CAUTION: CONTAINS PETROLEUM-CONTAMINATED SOIL

GENERATOR NAME:

GENERATOR ID#:

ACCUMULATION START DATE:

The owner or operator of the storage facility shall fill in the accumulation start date at the time the PCS is placed into storage. The letters shall be legible, not obstructed from view, on a high contrast background, and sufficiently durable to equal or exceed the duration of storage. Lettering size shall be 2.5 cm (1 inch) and in Sans Serif, Gothic, or Block style.

E. A tank or container used to store PCS shall meet all of the following requirements:

1. Prevent leakage of PCS and any free liquids from the tank or container;

2. Be made of, or lined with, materials which will not react with the PCS;

3. Be kept closed during storage except to add or remove PCS;

4. Not be opened, handled, or stored in a manner which may rupture the tank or container or cause it to leak;

5. Shall be inspected monthly by the owner or operator of the storage facility for leaks and for deterioration. A written record of the inspection shall be prepared at the time of the inspection and shall document corrective action, if any, taken as a result of the inspection.

F. A PCS storage facility at which PCS is stored in piles shall comply with both of the following:

1. All storage piles shall be covered or otherwise managed to control wind dispersal of the PCS.

2. Storage piles of PCS shall be inspected weekly and a written record of the inspection shall be prepared at the time of the inspection which documents any corrective action taken as a result of the inspection. The record shall document detection of any of the following:

a. Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

b. Malfunctioning of wind dispersal control systems;

c. The presence of leachate in and the malfunctioning of any leachate collection and removal systems.

Historical Note

Recodified from R18-8-1611 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1612. Accumulation Sites

A. PCS from one or more points of generation under the control of a single generator may be accumulated in an accumulation site under the control of that generator for up to 90 days prior to shipment of the PCS to a storage, disposal, or treatment facility.

B. An accumulation site shall comply with the storage facility requirements set forth in R18-13-1611, except subsection (A) of that Section. An accumulation site shall not be required to comply with the requirements in R18-13-1607.

C. While PCS is at an accumulation site, the owner or operator shall control public access and prevent unauthorized vehicular traffic and illegal dumping. PCS shall be managed to prevent the PCS from being exposed to storm water run-on or run-off.

Historical Note

Recodified from R18-8-1612 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1613. Disposal

A. PCS shall be disposed at a special waste receiving facility which has been approved for the disposal of PCS, or at a hazardous waste management facility as defined in R18-13-260(E)(13).

B. A PCS disposal facility designed in accordance with R18-13-1608(B)(1) shall comply with the following specific design criteria:

1. The disposal facility shall be designed with a composite liner, as defined in subsection (B)(2), and a leachate collection system that is designed and constructed to maintain less than a 12-inch depth of leachate over the liner.

2. For purposes of this Section, “composite liner” means a system consisting of two components: the upper component shall consist of a minimum 30-mil flexible membrane liner (FML) and the lower component shall consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10 -7 cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60 mil thick. The FML component shall be installed in direct and uniform contact with the compacted soil component.

Historical Note

Recodified from R18-8-1613 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

R18-13-1614. Records

Records required to be kept pursuant to this Article shall be maintained by the owner or operator and made available for inspection by the Director for a period of three years or longer during the course of an enforcement action or litigation.

Historical Note

Recodified from R18-8-1614 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

ARTICLE 17. RESERVED

ARTICLE 18. RESERVED

ARTICLE 19. RESERVED

ARTICLE 20. RESERVED

ARTICLE 21. SOLID WASTE LANDFILL REGISTRATION FEES

Article 21, consisting of Sections R18-13-2101 through R18-13-2103, made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2).

R18-13-2101. Definitions

In addition to the definitions in A.R.S. §§ 49-701 and 49-701.01, for the purpose of this Article, the terms used in this Article have the following meanings:

1. “Defined time period” means the 12-month period that begins on July 1 of a calendar year and ends on June 30 of the following calendar year and consists of the actual number of calendar days in that 12-month period.

2. “Disposal fee invoice” means the quarterly landfill disposal fee invoice the Department mails to a landfill operator, on which the landfill operator indicates the amount of waste received and the amount of the disposal fees owed to the Department as required under A.R.S. § 49-836.

3. “Full quarter” means any of the standard fiscal quarters of the defined time period for which a municipal solid waste landfill accepted waste on or before the first day of the quarter and on or after the last day of that quarter.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-2102. Annual Registration Fee for an Existing Solid Waste Landfill

A. An existing solid waste landfill, except those described in subsection (C), shall pay an annual registration fee within 30 days of receipt of an invoice from the Department according to the following:

1. For municipal solid waste landfills that received less than 12,000 tons during the defined time period, $1,250.

2. For municipal solid waste landfills that received at least 12,000 tons but less than 60,000 tons during the defined time period, $2,500.

3. For municipal solid waste landfills that received at least 60,000 tons but less than 225,000 tons during the defined time period, $7,500.

4. For municipal solid waste landfills that received 225,000 tons or more during the defined time period, $12,500.

5. Non-municipal solid waste landfills shall pay a flat fee of $3,750.

6. Solid waste landfills that are closed to the public and that accept nonhazardous waste only shall pay a flat fee of $3,750.

B. The Department shall determine the amount of waste received by a municipal solid waste landfill by one of the following methods:

1. For a municipal solid waste landfill that accepted waste over the entire defined time period:

a. As the reported tons of solid waste received on the disposal fee invoice; or

b. As the reported units of compacted or uncompacted solid waste received on the disposal fee invoice and reported under A.R.S. § 49-836(A)(1); or

2. For a municipal solid waste landfill that accepted waste for only a portion of the defined time period, but no less than a full quarter, the Department shall project the total amount of waste that would have been received by the landfill over the entire defined time period, using one of the following methods:

a. For a municipal solid waste landfill that reported receiving waste for at least a full three quarters but less than the entire defined period, the amount of waste for the remaining quarter is the total amount of the waste reported for the full three quarters divided by three;

b. For a municipal solid waste landfill that reported receiving waste for at least a full two quarters but less than three quarters, the amount of waste for the remaining two quarters is the same as the total amount of waste reported for the two full quarters; or

c. For a municipal solid waste landfill that reported receiving waste for at least one full quarter but less than two quarters, the amount of waste for the remaining three quarters is the total of the amount of the waste reported for the full quarter multiplied by three.

C. For a municipal solid waste landfill that accepted waste for less than a full quarter, the annual landfill registration fee is $1,250.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

R18-13-2103. Annual Landfill Registration: Due Date and Fees

A. An operator of a new solid waste landfill shall register the solid waste landfill and pay the landfill registration fee as follows:

1. The operator shall pay the initial landfill registration fee within 30 days of the date that the Department approves the facility plan. The initial landfill registration fee is $1,250.

2. Registration is valid for one year, except if the landfill is initially registered during October, November, or December of a calendar year, the next landfill registration due date is December 31 of the following calendar year and each calendar year thereafter unless released from the annual landfill registration requirement as specified in subsection (C).

3. The annual registration fee remains $1,250 until the first annual registration period after the first full quarter of the defined time period.

B. After the first full quarter, the Department shall calculate the annual registration fee according to R18-13-2102, and specify the fee on the Department’s annual landfill registration invoice for the solid waste landfill. The Department shall calculate and the solid waste landfill shall pay the annual landfill registration fee until the first registration period after the solid waste landfill stops accepting waste during a fiscal quarter of the defined time period.

C. From the time a solid waste landfill stops accepting waste as specified in subsection (B), until the owner or operator of the solid waste landfill is released from its obligation to provide financial assurance for closure as required by A.R.S. §§ 49-761 or 49-770, the annual registration fee is $1,250.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

ARTICLE 22. RESERVED

ARTICLE 23. RESERVED

ARTICLE 24. RESERVED

ARTICLE 25. RECYCLING

R18-13-2501. Recycling Emblem Description and Usage

A. The Department’s official state recycling emblem wraps the three arrows of the universal recycling symbol around a saguaro cactus. A double oval frame surrounds the emblem and bears the slogan, Arizona Cares -- Reduce -- Reuse -- Recycle.

B. The purpose of the emblem is to increase public awareness of recycling programs and the potential for reducing waste. Any organization or person that is interested in promoting recycling may use the emblem without receiving approval from the Department. An organization or person can obtain either a printed copy or electronic version of the emblem from the Department by calling the Recycling and Data Management Unit at 1-800-234-5677, ext. 4133, or (602) 207-4133.

C. The emblem may be used in any variety of sizes and colors including black and white. The preferred colors are a green cactus on a white background with a blue double oval frame and lettering. The emblem appears as follows:

 

Historical Note

Section adopted by final rulemaking at 5 A.A.R. 4654, effective November 15, 1999 (Supp. 99-4).

ARTICLE 26. EXPIRED

R18-13-2601. Expired

Historical Note

Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

R18-13-2602. Expired

Historical Note

Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

R18-13-2603. Expired

Historical Note

Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

R18-13-2604. Expired

Historical Note

Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

ARTICLE 27. SOLID WASTE FEES FOR FY 2011

R18-13-2701. Special Waste Management Fees for Fiscal Year 2011

Beginning on July 1, 2010 and until June 30, 2011, the director shall collect a fee of $5 per ton, not more than $50,000 per generator site per year, for special waste that is transported to a facility in this state for treatment, storage, or disposal. This fee increases and supersedes the per ton fee listed in A.R.S. § 49-855, R18-13-1307(F), and R18-13-1606 and the maximum fee listed in A.R.S. § 49-855 for the period of July 1, 2010 through June 30, 2011. The payor shall remit the fee in accordance with A.R.S. § 49-863. For special waste that is shredder residue, the owner or operator of a special waste facility may pay a special waste management fee of $1.65 per cubic yard of uncompacted shredder residue or $3.75 per cubic yard of compacted shredder residue received in lieu of the $5 per ton fee.

Historical Note

New Section made by exempt rulemaking at 16 A.A.R. 848, effective July 1, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1503, effective July 1, 2010 (Supp. 10-3).

R18-13-2702. Increased Landfill Registration Fees for Fiscal Year 2011

In addition to the landfill registration fees required under A.R.S. § 49-747 for Calendar Year 2010, a one-time landfill registration fee shall be due within 30 days of the invoice postmark date for the increased fee as follows:

1. For solid waste landfills that serve fewer than 10,000 people, $2,000;

2. For solid waste landfills that serve at least 10,000 people but less than 25,000 people, $3,000;

3. For solid waste landfills that serve at least 25,000 people but less than 50,000 people, $4,000;

4. For solid waste landfills that serve at least 50,000 people but less than 100,000 people, $8,000;

5. For solid waste landfills that serve at least 100,000 people but less than 200,000 people, $12,000;

6. For solid waste landfills that serve 200,000 people or more, $20,000;

7. For solid waste landfills that are open to the public and that accept demolition waste, $6,000; and

8. For solid waste landfills that are closed to the public and that accept nonhazardous waste, $6,000.

Historical Note

New Section made by exempt rulemaking at 16 A.A.R. 848, effective July 1, 2010 (Supp. 10-2).

R18-13-2703. Solid Waste Facility Plan Review Fees for Fiscal Year 2011

A. Beginning July 1, 2010 and until June 30, 2011, the initial and maximum fees for the review of a solid waste facility plan, a modification of an approved facility plan, and a financial assurance plan are listed in the following table. These fees increase and supersede the initial and maximum fees listed in R18-13-702(A) for the period of July 1, 2010 through June 2011. The applicant shall remit the fees in accordance with R18-13-702.

Fee Table

Fees for Plan Review of New Solid Waste Facilities

 

Initial

Maximum

Solid Waste Landfills

$15,000

$150,000

Other Solid Waste Facilities Subject to Plan Approval

$10,000

$100,000

Fees for Modifications to Solid Waste Facility Plans

 

Initial

Maximum

Solid Waste Landfills - Type IV

$15,000

$150,000

Solid Waste Landfills - Type III

$2,000

$75,000

Other Solid Waste Facilities Subject to Plan Approval - Type IV

$10,000

$100,000

Other Solid Waste Facilities Subject to Plan Approval - Type III

$500

$50,000

Fees for Review of Financial Responsibility Plans for Solid Waste Facilities

 

Initial

Maximum

Annual Review for Solid Waste Landfills

$500

$5,000

B. Beginning July 1, 2010 and until June 30, 2011, when determining reasonable cost under A.R.S. § 49-762.03, the Department shall use an hourly billing rate of $127.49 for all direct labor spent working on the review of a solid waste facility plan, a modification of an approved facility plan, and a financial assurance plan. This fee increases and supersedes the hourly billing rate listed in R18-13-702(F) for the period of July 1, 2010 through June 30, 2011. The applicant shall remit the fees in accordance with R18-13-702.

Historical Note

New Section made by exempt rulemaking at 16 A.A.R. 848, effective July 1, 2010 (Supp. 10-2).


Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

Commercial Use Fees of this Chapter


Editor
Arizona Administrative Code