1. A. Following the completion of the feasibility study report under R18-16-407(I), the Department or any person shall prepare a proposed remedial action plan, except once the Department has issued a notice under A.R.S. § 49-287.03, a person may prepare a proposed remedial action plan only under a written agreement with the Department.

2. B. The proposed remedial action plan shall include the following:

   1. 1. A description of the proposed remedy.
   2. 2. The information required in A.R.S. § 49-287.04(A).
   3. 3. A description of how the proposed remedy will achieve each of the remedial objectives identified in the final remedial investigation report under R18-16-406(J) and how accomplishment of the remedial objectives is to be measured.
   4. 4. A description of all recharge, reinjection, discharge, transportation and use of remediated water as defined in A.R.S. § 49-283.01.

3. C. Notice of the proposed remedial action plan shall be provided as follows:

   1. 1. At a site where the A.R.S. § 49-287.03 notice has been provided, notice shall be provided by the Department in accordance with A.R.S. § 49-287.04(B) and the community involvement plan prepared under R18-16-404. If the Department intends to seek recovery of costs and conduct a cost allocation proceeding for the site, the notice shall also include the following:

      1. a. The information required by A.R.S. § 49-287.04(C).
      2. b. A statement of costs incurred at the site by the Department prior to the date of the notice and projected future costs for the site.
      3. c. All necessary information regarding the opportunities to submit costs, object to costs, or respond to objections to costs under R18-16-409, including a schedule for such submittal, review, objection and response to objection. The time period for submittal of costs shall not be less than 90 calendar days.
      4. d. If on the basis of new information or investigation notice is required to newly-identified parties, the notice sent under A.R.S. § 49-287.04 shall also include the information required by this Section.
   2. 2. At a site where the A.R.S. § 49-287.03 notice has not been provided, the person who prepared the plan shall provide notice under R18-16-404. The notice shall include the information contained in A.R.S. § 49-287.04(C).
4. D. Any person, other than a person proposing to perform work under an agreement under A.R.S. § 49-287.03(C), may submit a proposed remedial action plan to the Department for approval under R18-16-413. The plan may be accompanied by a request for a determination of whether cost recovery by the Department may be appropriate under A.R.S. § 49-287.02. If the Department determines that cost recovery by the Department is not appropriate, notice shall be provided under subsection (C)(2).

Historical Note

New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516 (November 10, 2023), with an immediate effective date of October 17, 2023 (Supp. 23-4).