1. A. A person who engages or who intends to engage in an operation or an activity that may result in a discharge regulated under Articles 1, 2, and 3 of this Chapter may submit a request, on a form provided by the Department, that the Department determine the applicability of A.R.S. §§ 49‑241 through 49-252 and Articles 1, 2, and 3 of this Chapter to the operation or activity.

2. B. A person requesting a determination of applicability shall provide the following information and the applicable fee under 18 A.A.C. 14:

   1. 1. The name and location of the operation or activity;
   2. 2. The name of any person who is engaging or who proposes to engage in the operation or activity;
   3. 3. A description of the operation or activity;
   4. 4. A description of the volume, chemical composition, and characteristics of materials stored, handled, used, or disposed of in the operation or activity; and
   5. 5. Any other information required by the Director to make the determination of applicability.

3. C. Within 45 days after receipt of a request for a determination of applicability, the Director shall notify in writing the person making the request that the operation or activity:

   1. 1. Is not subject to the requirements of A.R.S. §§ 49‑241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or facility does not discharge as described under A.R.S. § 49‑241;
   2. 2. Is not subject to the requirements of A.R.S. §§ 49‑241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or activity is exempted by A.R.S. § 49‑250 or R18-9-103;
   3. 3. Is eligible for a general permit under A.R.S. §§ 49-245.01, 49-245.02 or 49-247 or Article 3 of this Chapter, specifying the particular general permit that would apply if the person meets the conditions of the permit; or
   4. 4. Is subject to the permit requirements of A.R.S. §§ 49‑241 through 49-252 and Articles 1, 2, and 3 of this Chapter.
4. D. If, after issuing a determination of applicability under this Section, the Director concludes that the determination or the information relied upon for a determination is inaccurate, the Director may modify or withdraw its determination upon written notice to the person who requested the determination of applicability.
5. E. If the Director determines that an operation or activity is subject to the requirements of A.R.S. §§ 49-241 through 49-252, the person who owns or operates the discharging facility shall, within 90 days from receiving the Director’s written notification, submit an application for an Aquifer Protection Permit or a closure plan.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).