1. A. A person shall obtain solid waste facility plan approval from the Department as prescribed in A.R.S. § 49-762.04 and pursuant to R18-13-702 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.
2. 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.
3. C. A person applying for facility plan approval shall ensure that the plan contains information demonstrating how the plan will comply with this Article.

4. D. Annual registration fee. The Department shall bill an annual registration fee to a biohazardous medical waste facility described in subsection (A) of this Section as follows:

   1. 1. For a disposal or treatment facility, $12,500;
   2. 2. For a storage facility, $7,500; and
   3. 3. For a transfer facility, $3,000.
5. E. A facility subject to more than one fee under subsection (D) of this Section shall only pay the highest fee amount.
6. F. The biohazardous medical waste facility shall pay the annual registration fee within 30 days of invoice receipt.

7. G. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (D) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

   1. 1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.
   2. 2. Round the result from subsection (G)(1) down to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 31 A.A.R. 348 (January 24, 2025), with an immediate effective date of December 24, 2024 (Supp. 24-4). Amended by emergency rulemaking at 31 A.A.R. 1897 (June 13, 2025), effective June 6, 2025, for 180 days (Supp. 25-2). Amended by final rulemaking at 31 A.A.R. 4716 (December 26, 2025), with an immediate effective date of December 3, 2025 (Supp. 25-4).