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

A. A transporter shall register with the Department 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. Upon receiving all of the following information from a transporter, the Department shall issue the registration after assigning a registration number to the transporter:

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 required in subsection (C).

C. 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.

D. 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.

E. 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.

F. 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 (C) through (G).

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

G. 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.

Historical Note

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

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

The treatment, storage, or disposal facility that first receives a shipment of PCS shall remit to the Department a fee of $2.00 per ton in accordance with A.R.S. § 49-863.

Historical Note

Recodified from R18-8-1606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

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. MUNICIPAL SOLID WASTE LANDFILLS

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.

4. "Waste disposal rate" means the average amount of waste disposed in this state by a person daily, which the Department has calculated to be 6.17 pounds per person per day.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2).

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

A. For an existing municipal solid waste landfill, except those described in subsection (C), the Department shall calculate the annual registration fee under A.R.S. § 49-747 after calculating the population served by that municipal solid waste landfill, as follows:

1. Multiply the waste disposal rate by the number of days in the defined time period, and

2. Divide the total number of pounds of waste received by the municipal solid waste landfill by the product from subsection (A)(1).

B. The Department shall determine the number of pounds 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 and:

a. Reported tons of solid waste received on the disposal fee invoice, multiply the number of reported tons by 2,000; or

b. Reported units of compacted or uncompacted solid waste received on the disposal fee invoice, multiply the volume of solid waste reported under A.R.S. § 49-836(A)(1) by 2,000; 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 the minimum fee specified in A.R.S. § 49-747(C).

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2).

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

A. An operator of a new municipal solid waste landfill shall register the municipal 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 the minimum fee specified in A.R.S. § 49-747(C).

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 the minimum fee rate under A.R.S. § 49-747(C) 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 municipal solid waste landfill. The Department shall calculate and the municipal solid waste landfill shall pay the annual landfill registration fee until the first registration period after the municipal solid waste landfill stops accepting waste during a fiscal quarter of the defined time period.

C. From the time a municipal solid waste landfill stops accepting waste as specified in subsection (B), until the owner or operator of the municipal 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 the minimum fee specified in A.R.S. § 49-747(C).

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2).

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).