Arizona Secretary of State - Ken Bennett


 
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TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 1. DEPARTMENT OF ENVIRONMENTAL QUALITY
ADMINISTRATION


Supp. 07-2

Chapter 1, consisting of Sections R18-1-101, R18-1-201 through R18-1-213, R18-1-215 through R18-1-219, R18-1-301 through R18-1-306, R18-1-401, and R18-1-402 adopted effective July 7, 1988.

ARTICLE 1. DEFINITIONS

Section

R18-1-101. Definitions

ARTICLE 2. ADMINISTRATIVE APPEALS

Section

R18-1-201. Applicability

R18-1-202. Notice of Appeal

R18-1-203. Contested Case Procedures

R18-1-204. Record of Administrative Appeal

R18-1-205. Notice of Intent to Rely on License Application Components as Submitted

R18-1-206. Adjudicative Proceedings Before the Department

R18-1-207. Requests for Rehearing or Review

R18-1-208. Repealed

R18-1-209. Repealed

R18-1-210. Repealed

R18-1-211. Repealed

R18-1-212. Repealed

R18-1-213. Repealed

R18-1-214. Reserved

R18-1-215. Repealed

R18-1-216. Repealed

R18-1-217. Repealed

R18-1-218. Repealed

R18-1-219. Repealed

ARTICLE 3. PUBLIC PARTICIPATION IN RULEMAKING

Section

R18-1-301. Agency Record

R18-1-302. Petition for Rule Adoption, Amendment or Repeal

R18-1-303. Written Comments During Rulemaking

R18-1-304. Oral Proceedings

R18-1-305. Expired

R18-1-306. Written Criticism of Rule

ARTICLE 4. PUBLIC NOTICE AND GENERAL PUBLIC HEARINGS

Section

R18-1-401. Notice

R18-1-402. General Public Hearing Procedures

ARTICLE 5. LICENSING TIME-FRAMES

Article 5, consisting of Sections R18-1-501 through R18-1-525, adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Section

R18-1-501. Definitions

R18-1-502. Applicability; Effective Date

R18-1-503. Administrative Completeness Review Time-frame Operation; Administrative Completeness

R18-1-504. Substantive Review Time-frame Operation; Requests for Additional Information

R18-1-505. Overall Time-frame Operation

R18-1-506. Time-frame Extension Operation

R18-1-507. Ending of Time-frames; Licensing Decisions; Withdrawal; Notice of Licensing Time-frames Nonapplicability

R18-1-508. Licensing Time-frames Pre-application Agreements

R18-1-509. Licensing Time-frames Supplemental Request Agreements

R18-1-510. Licensing Time-frames Extension Agreements

R18-1-511. Licensing Time-frames Changed Application Agreements

R18-1-512. Reserved

R18-1-513. Repealed

R18-1-514. Reserved

R18-1-515. Reserved

R18-1-516. Reassignment of License Category

R18-1-517. Application Withdrawal

R18-1-518. Emergencies

R18-1-519. Public Hearings; Public Meetings; Public Notice Periods

R18-1-520. Notice of Intent to Rely on the Application Components As Submitted

R18-1-521. Notice of Intent to Rely on the License Category

R18-1-522. Notice of Change of Applicant's Agent for Receiving Licensing Time-frames Notices

R18-1-523. Refunds, Fee Excusals, and Penalties

R18-1-524. Site Inspections

R18-1-525. Licensing Time-frames; Application Components

Table 1. Class I Air Licenses

Table 2. Class II Air Licenses

Table 3. Open Burning Licenses

Table 3-N. Repealed

Table 3-S. Repealed

Table 4. Vehicle Emission Licenses

Table 5. Safe Drinking Water Construction Licenses Issued by the Phoenix Office

Table 5-N. Safe Drinking Water Construction Licenses Issued by the Northern Regional Office

Table 5-S. Repealed

Table 6. Repealed

Table 6-E. Repealed

Table 6-N. Repealed

Table 6-S. Repealed

Table 7. Pesticide Contamination Prevention Licenses

Table 7-N. Repealed

Table 7-S. Repealed

Table 8. Safe Drinking Water Monitoring and Treatment Licenses

Table 9. Repealed

Table 10. Water Permit Licensing Time-frames

Table 11. Surface Water Licenses

Table 12. Solid Waste Licenses

Table 13. Special Waste Licenses

Table 14. Landfill Licenses

Table 15. Biohazardous Medical Waste Licenses

Table 16. Waste Tire, Lead Acid Battery, and Used Oil Licenses

Table 17. Hazardous Waste Licenses

Table 18. Underground Storage Tank Licenses

Table 19. Repealed

Table 19-S. Repealed

Table 20. Voluntary Program Remediation Licenses

Table 21. Pollution Prevention Licenses

Table 22. Multi-Program Licenses

ARTICLE 1. DEFINITIONS

R18-1-101. Definitions

The definitions in A.R.S. § 41-1001, except for the definition of "person", shall apply to this Chapter. In addition, the terms in this Chapter shall have the following meanings:

1. "Attorney general" means the attorney general of the state of Arizona and includes any assistant attorneys general or other attorneys appointed by the Office of the Attorney General to represent the Department at a contested case.

2. "Department" means the Department of Environmental Quality.

3. "Director" means the Director of the Department of Environmental Quality or the Director's designee.

4. "General public hearing" means a hearing, subject to the requirements of Article 4, held to obtain comment from the public with respect to Department actions. "General public hearing" shall not include oral proceedings, or contested case hearings.

5. "Hearing officer" means an individual appointed by the Director to perform the duties described in R18-1-203 at any contested case hearing.

6. "Oral proceeding" means a proceeding held during the rulemaking process, as described by A.R.S. § 41-1023.

7. "Person" means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association, state, a political subdivision of this state, or commission or the United States Government or a federal facility, interstate body or other entity.

8. "Presiding officer" means any individual appointed by the Director to perform the duties described in R18-1-304 at any oral proceeding.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

ARTICLE 2. ADMINISTRATIVE APPEALS

R18-1-201. Applicability

Sections R18-1-202 through R18-1-205 and R18-1-207 govern notices of administrative appeal filed with the Department and requesting a hearing before the Office of Administrative Hearings or a body of formal administrative adjudication other than the Department.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-202. Notice of Appeal

When the Department determines that an agency action is an appealable agency action, the Department shall serve notice as prescribed in A.R.S. § 41-1092.03(A). Any failure of the Department to serve notice of an appealable agency action under A.R.S. § 41-1092.03(A) does not prevent a party from requesting a hearing under § 41-1092.03(B) if the request is made within 30 days of the date on the Departmental notice of the action giving rise to the request. The Department shall forward all hearing requests made under A.R.S. § 41-1092.03 to the Office of Administrative Hearings.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 3772, effective September 22, 1999 (Supp. 99-3).

R18-1-203. Contested Case Procedures

A. Subject to the provisions at A.R.S. §§ 41-1092.01 and 41-1092.02 and except as provided at subsection (B), the Department shall apply the notice and informal settlement conference provisions at A.R.S. §§ 41-1092.03 and 41-1092.06 to contested cases that are appealable through the Office of Administrative Hearings.

B. If A.R.S. Title 49 provides a time limit on the filing of a notice of administrative appeal, then the person filing the notice of administrative appeal shall comply with that filing time limit.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-204. Record of Administrative Appeal

The Department shall preserve a record of an administrative appeal of a contested case or appealable agency action for a period of three years commencing on the date the notice of appeal is filed with the Department or during the time an appeal of the matter is still pending, whichever is longer. If not made confidential by law, the Department shall make the record available for public inspection upon request.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-205. Notice of Intent to Rely on License Application Components as Submitted

A. If the Department submits to a license applicant a notice that the application is missing required components, is substantively deficient, or is otherwise deficient, or submits to a license applicant a request for additional information to enable the Department to reach a decision to grant the license, then the Department shall include a brief explanation of the basis of or reason for the notice or request.

B. If a license applicant receives a notice from the Department that the application is lacking application components, is substantively deficient, or is otherwise deficient, or receives from the Department a request for additional information, the applicant, in lieu of submitting some or all of the components or information identified by the Department, may submit to the Department a written notice of intent to rely on the application components as submitted. The applicant shall submit the notice of intent to rely on the application components as submitted within the time specified in the Department's notice of deficiencies or request for additional information. If the Department's notice of deficiencies or request for additional information does not specify a time, then the applicant shall submit the notice of intent to rely on the application components as submitted within 60 days after the mailing date of the Department's notice of deficiencies or request for additional information.

C. A notice of intent to rely on the application components as submitted shall include the following:

1. Name of the applicant.

2. License application number or other identification.

3. Date of the Department notice or request in question.

4. Identification of the application component or components objected to with reasons for the objection or objections.

5. A statement that the applicant intends to rely on the application components as submitted as the basis upon which the Department may determine whether to grant or deny the license.

D. A license applicant may submit additional license application components or other information at the same time the applicant submits a notice of intent to rely on the application components as submitted.

E. The Department, after receiving a notice of intent to rely on the license application components as submitted, shall do one of the following:

1. Rescind its request for the application component or components objected to in the notice.

2. Modify its request for the application component or components objected to in the notice.

3. Grant the license unconditionally, meaning that the Department did not add conditions not requested by the applicant.

4. Grant the license with conditions, meaning that the Department added conditions not requested by the applicant.

5. Deny the license.

F. To the extent that a licensing provision of the Arizona Revised Statutes requires different treatment of licensing notifications of application deficiencies or licensing requests for additional information, this Section does not apply.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-206. Adjudicative Proceedings Before the Department

The Department shall use rules of the Office of Administrative Hearings to govern the initiation and conduct of formal adjudicative proceedings before the Department.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-207. Requests for Rehearing or Review

A party to a formal adjudicative proceeding before the Office of Administrative Hearings or the Department may obtain a rehearing or review of the decision that is based on the proceeding, as follows:

1. The party shall file with the Department a written motion for rehearing or review of the decision not later than 30 days after service of the decision upon the party.

2. An opposing party may file with the Department a written response to the motion for rehearing or review not later than 15 days after service of the motion for rehearing or review upon the opposing party.

3. Service is complete on personal service or five days after the date the decision or motion is mailed to the party or opposing party.

4. The Director may require the filing of written briefs upon the issues raised in the motion or response and may provide for oral argument.

5. The Director shall decide whether to grant a motion for rehearing or review of the decision within 15 days after the response to the motion is filed or, if a response is not filed, within five days after the expiration of the response period. The Director shall grant a rehearing or review for any of the following reasons and shall specify the reasons:

a. The decision is not justified by the evidence or is contrary to law.

b. There is newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original proceeding.

c. One or more of the following has deprived the party of a fair hearing:

i. Irregularity or abuse of discretion in the conduct of the proceeding.

ii. Misconduct of the Department, its hearing officer, or the prevailing party.

iii. Accident or surprise which could not have been prevented by ordinary prudence.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3)

R18-1-208. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-209. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-210. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-211. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-212. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-213. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-214. Reserved

R18-1-215. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-216. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-217. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-218. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

R18-1-219. Repealed

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

ARTICLE 3. PUBLIC PARTICIPATION IN RULEMAKING

R18-1-301. Agency Record

The official rulemaking record is located in the Department and may be reviewed any working day, Monday through Friday, from 8:00 a.m. until 5:00 p.m., except state holidays.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

R18-1-302. Petition for Rule Adoption, Amendment or Repeal

A. Any person requesting that the Department adopt, amend, or repeal a rule, pursuant to A.R.S. § 41-1033, shall submit a petition as prescribed in this Section before such request may be considered by the Department.

B. Each petition shall contain:

1. The name and current address of the person submitting the petition.

2. If the request is for adoption of a new rule, a statement of that fact, followed by the specific language of the proposed rule.

3. If the request is for amendment of a current rule, a statement of that fact, followed by the A.A.C. number and title of the rule being proposed for amendment. This shall be followed by the specific language of the current rule; any language to be deleted shall be struck out but clearly readable, and any language to be added by the proposed amendment shall be underlined.

4. If the request is for repeal of a current rule, a statement of this fact, followed by the A.A.C. number and title of the rule being proposed for repeal.

5. The signature of the person submitting the petition.

6. The reason the rule should be adopted, amended or repealed.

C. The petition may contain any information to support subsection (B)(6) of this Section, including:

1. Any statistical data or other justification, with clear reference to any exhibits which may be attached to the petition;

2. An identification of what persons or segment of the public the petitioner believes would be affected and how they would be affected;

3. If the petitioner is a public agency, the petition may also contain a summary of issues raised in any public hearing which may be relevant, or any written comments offered by the public;

4. The identification of any statute which the petitioner believes gives the Department the authority to adopt, amend, or repeal the rule.

D. Within 60 calendar days of the receipt by the Director of a complete petition, the Department shall act in accordance with A.R.S. § 41-1033 as follows:

1. If the petition results in the initiation of a rulemaking, the procedures for rulemaking, set forth in Title 41, Chapter 6, Article 3, Arizona Revised Statutes, shall be followed.

2. If the petition is denied, a written notice stating the basis of denial shall be issued by the Director to the person filing the petition.

3. The original petition and a copy of any notice of denial shall be placed in the official record and remain there for five years to be considered in the course of the Department's five-year rule review process.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

R18-1-303. Written Comments During Rulemaking

A. Any member of the public may comment upon a rule proposed by the Department by submitting written comments on the proposed rule to the Director.

B. Any document is considered to have been submitted on the date it is received by the Department. If a document is mailed, this date shall be the date on the postmark.

C. All written comments received during the period specified by A.R.S. § 41-1023(A) shall be considered by the Department.

D. All original written comments on proposed rules shall be placed in the official record.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

R18-1-304. Oral Proceedings

A. Requests for oral proceedings, as prescribed in A.R.S. § 41-1023, shall:

1. Be filed with the Director;

2. Include the name and current address of the person making the request;

3. Refer to the proposed rule and include the date and issue of the Arizona Administrative Register in which the notice was published, if known.

B. The oral proceeding shall be recorded either by an electronic recording device or stenographically, and any resulting cassette tapes or transcripts, registers and all written comments received shall become part of the official record.

C. The procedures the presiding officer shall use to conduct oral proceedings shall include:

1. Voluntary registration of attendees. Identification shall not be required, however, in order for a person to attend an oral proceeding.

2. Registration of persons intending to speak. Registration information shall include the registrant's name, representative capacity, if applicable, and a brief summary of intended oral remarks.

3. Opening of the record. Opening remarks by the presiding officer shall summarize the rulemaking activities to date and the importance and purpose of public comments, and present the agenda.

4. A statement by Department representatives. The statement shall explain the contents, purpose and intended operation of the proposed rulemaking, including the economic impact and any adverse impact on small businesses.

5. A public oral comment period. Public oral comments may be limited to a reasonable time period, as determined by the presiding officer. Comments may be limited to prevent undue repetition.

6. Further presentations. The Department may present additional information during an oral proceeding, after public comments are received. Any person shall have the opportunity to respond to this presentation during the proceeding.

7. Closing remarks. The presiding officer shall identify relevant, future rulemaking dates and shall announce the location where the record may be reviewed and the date and time of close of record.

D. Within 10 working days of close of the record of an oral proceeding, or a longer period if approved by the Director, the presiding officer shall file a written memorandum summarizing the contents of all oral presentations made during the proceeding, and shall transmit any original cassette tapes and written submissions to the Director.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

R18-1-305. Expired

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 5018, effective August 31, 2002 (Supp. 02-4).

R18-1-306. Written Criticism of Rule

A. Any person may file a written criticism of an effective rule with the Director.

B. The criticism shall clearly identify the rule addressed, and specify why the existing rule is inadequate, unduly burdensome, unreasonable or otherwise considered to be improper.

C. The Director shall acknowledge receipt of any criticism within 10 working days and shall place the criticism in the official record, for review by the Department, pursuant to A.R.S. § 41-1054.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

ARTICLE 4. PUBLIC NOTICE AND GENERAL PUBLIC HEARINGS

R18-1-401. Notice

A. When notice is required by statute or rule, and notice procedures are not otherwise prescribed by statute or rule, the Department shall:

1. Publish the notice as a legal notice at least once, in one or more newspapers of general circulation in the county or counties concerned;

2. Include in the notice the following information:

a. The major issue under consideration or a description of the reason for the action;

b. The Department's proposed action and effective date for that action;

c. The location where relevant, nonconfidential documents may be obtained and reviewed during normal business hours;

d. The name, address and telephone number of a person within the Department who may be contacted for further information;

e. The location where public comments may be addressed, and the date and time by which comments shall be received.

B. In addition to meeting the requirements in subsection (A), a notice for a general public hearing shall include the following information:

1. The time and location of the general public hearing;

2. A statement to the effect that any person may appear at the hearing and present views, either orally or in writing;

3. The time by which a decision shall be reached;

4. The exact nature of the action or issues to be discussed.

C. The notice for a general public hearing described in this Section shall be published at least 30 days prior to the date of the hearing unless otherwise prescribed by statute or rule.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

R18-1-402. General Public Hearing Procedures

A. If a general public hearing is required by statute or by rule, the hearing shall be noticed as required in R18-1-401.

B. The Department shall maximize the opportunity for public participation at a general public hearing and shall consider all of the following when scheduling the general public hearing:

1. A location in or near the geographical area of the issue addressed in the hearing, and easily accessible to a majority of the affected public;

2. A time which can facilitate public attendance;

3. Other hearings concerning the public, in the same geographical area, which may be scheduled for the same time and location.

C. The Department may schedule persons wishing to speak, and Department personnel knowledgeable about the issue shall be present to provide information.

D. A general public hearing shall be conducted so as to do both of the following:

1. Inform the public of the exact nature of the action or issue, and

2. Allow time for persons to make statements and submit written comments.

E. The person presiding at a general public hearing shall maintain order and may allot equitable time periods for oral comment by participants.

F. A general public hearing shall be recorded by means of an electronic device or stenographically.

G. The record of a general public hearing shall be maintained by the Department and made available for public inspection, during normal business hours, at the location specified in the public notice. The record of the hearing shall include the agenda, written comments submitted before the close of record, and the tape or transcript of the hearing.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).

ARTICLE 5. LICENSING TIME-FRAMES

R18-1-501. Definitions

In addition to the definitions provided in A.R.S. § 41-1001, § 41-1072, and R18-1-101, the following definitions apply to this Article:

1. "Administrative completeness" or "administratively complete" means Department receipt of all application components required by statute or rule and necessary to enable the Department to issue a notice of administrative completeness under A.R.S. § 41-1074 and thereby end the administrative completeness review time-frame and start the substantive review time-frame.

2. "Administrative completeness review" means the process of clerical verification by the Department to determine whether the submitted application components meet the requirements of administrative completeness.

3. "Applicant" means a person who requests the Department to issue a license.

4. "Applicant response" means a written response from the applicant to a Department notice that complies with all the following:

a. The response identifies the applicant.

b. The response identifies the Department notice.

c. The response is addressed to the Department employee identified in the Department notice as the designated recipient of the notice.

d. The response contains the required information identified in the Department notice or the response contains a notice under R18-1-520 to rely on the application components as submitted.

5. "Application" means a request to the Department to issue a license to the requestor when that request is in writing and complies with R18-1-502 and R18-1-503(A).

6. "Application clerk" means a Department employee with authority to receive applications for a specific license or an application component or applicant response.

7. "Application component" means a document, other written information, or fee required by statute or rule and submitted to the Department in support of an application.

8. "Companion category" means one of an association of two or more consecutive categories, shown on the license tables with paired license names, and containing a distinction between "standard" and "complex", between "without a public hearing" and "with a public hearing", or "without a public meeting" and "with a public meeting".

9. "Complex" means an application category that requires significantly more Department resources to review the application than applications processed in a companion standard category due to the size, novelty, complexity, or technical difficulty expressed in the application.

10. "Comprehensive request for additional information" means a Department notification made after the administrative completeness review time-frame that:

a. Contains a list of information required by statute or rule and necessary before the Department may grant the license; and

b. Suspends the running of days within the time-frames.

11. "Day" means business day and excludes Saturdays, Sundays, and state holidays.

12. "Department notification" or "Department notice" means written communication by the Department to an applicant in person or at the mailing or electronic address identified on the application. The Department may notify the applicant at the applicant's electronic address only if the applicant provides that address as part of an application component. The notification is effective:

a. If mailed, on the date of its postmark.

b. If delivered in person by a Department employee or agent, on the date of delivery.

c. If delivered electronically, on the date of delivery to the electronic address.

13. "Department receipt" of an application component or an applicant response means one of the following days:

a. If the component or response is handed to an application clerk by the applicant, the day of actual receipt by the application clerk.

b. If the component or response is mailed, five days after the postmark identifying the mailing date.

c. If the component or response is delivered to an electronic address of an application clerk, one day after the date of delivery to the electronic address.

d. If the Department notifies the applicant of receipt within five days after the date of actual receipt, the day of actual receipt of the component or response by the application clerk.

e. If delivered during an application moratorium or time-frame suspension declared under R18-1-518, the day after the moratorium or suspension ends.

14. "Electronic address" means either a telephone number for facsimile document communication (fax) or an electronic mail (e-mail) address. "Electronic address" does not mean a telephone number for voice or TDD (telephone device for the deaf) communication.

15. "Fee excusal" means the sanction imposed on a Department fund under A.R.S. § 41-1077(A) that requires the Department to excuse further fees required from the applicant by the Department.

16. "Initial fee" means that part of the fee required to be submitted under R18-1-503(A).

17. "License category" means a category identified on a license table.

18. "License table" means a table within this Article.

19. "Licensing time-frame" means any of the time-frames identified in A.R.S. §§ 41-1072 through 41-1079, the operation of which requires the Department to report its compliance level for overall time-frames to the Governor's Regulatory Review Council under A.R.S. § 41-1078(A).

20. "Licensing time-frame agreement" means an agreement made under any of the Sections R18-1-508 through R18-1-512.

21. "Penalty" means the sanction imposed on a Department fund under A.R.S. § 41-1077(B).

22. "Phased application" means an application processed pursuant to a licensing time-frame agreement that allows the applicant to submit application components in two or more phases with each phase providing for administrative completeness review.

23. "Pre-application" means the period prior to Department receipt of an applicant's first application component submittal under R18-1-503(A).

24. "Presumptive administrative completeness" means the expiration of the administrative completeness review time-frame and the automatic start of the running of days within the substantive review time-frame under A.R.S. § 41-1074(C) as a result of the Department failing to issue a notice of administrative completeness under A.R.S. § 41-1074(A).

25. "Presumptive overall time-frame" means the sum of the days shown for the administrative completeness review and substantive review time-frames on the license tables for that license category and may be different from the actual overall time-frame because the presumptive overall time-frame does not include a lengthening of the time-frame due to a time-frame extension agreement or a shortening of the time-frame due to early starting of the substantive review time-frame caused by the issuance of a notice of administrative completeness.

26. "Presumptive substantive review time-frame" means the days shown for the substantive review time-frame on the license tables for a license category.

27. "Refund" means the sanction imposed on a Department fund under A.R.S. § 41-1077(A) that requires the Department to refund fees already paid by the applicant into that fund.

28. "Request for additional information" means a Department notification or contact made after the administrative completeness review time-frame and that identifies information required by statute or rule and necessary before the Department may grant the license.

29. "Sanction" means a refund, fee excusal, or penalty under A.R.S. § 41-1077.

30. "Site inspection" means an inspection performed by the Department under A.R.S. § 41-1009 as part of a required component of an application for a license shown on the license tables.

31. "Substantive review" means the process of qualitative evaluation by the Department of application components to determine whether the components meet all requirements in statute or rule and necessary to grant the license. "Substantive review" does not include clerical verification of the components nor does it include Department investigations resulting from reporting or notification requirements.

32. "Time-frame extension" means the entire period after the overall time-frame would otherwise expire and during which an application is not subject to sanctions. The substantive review and overall time-frames continue in effect and do not expire during the time-frame extension.

33. "Withdrawn application" means an application that has ceased to be subject to this Article due to the applicant's request that the Department cease all consideration of the application under R18-1-517. An applicant's ability to withdraw an application is not governed by this Article.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

R18-1-502. Applicability; Effective Date

A. This Article does not apply to any of the following:

1. A license not requiring an application.

2. A license conferred by a notification to the Department of an event, activity, or facility and that is not conferred by the Department in the form of a written license issued to the prospective licensee in response to the notification.

3. A license issued at the Department's initiative.

4. A license issued by default if the Department does not make a licensing decision within a time identified in statute or rule.

5. A license not identified in a category shown on the license tables.

6. A license required under an abatement or compliance order or consent agreement, if a time-frame in the order or consent agreement is different than the time-frame for the license category. The time-frame in the order or consent agreement shall supersede the time-frame for the license category.

7. An application for which the applicant is not the prospective licensee.

8. Compliance activity by licensees in conformance with an issued license except for license renewal or revision activity.

9. Contractual activity under A.R.S. § 41-1005(A)(15).

10. Activity that leads to the revocation, suspension, annulment, or withdrawal of a license.

B. If an application becomes subject to this Article, it remains subject to the terms of the original license category in which it was classified unless the application is withdrawn, is altered by a licensing time-frames agreement, or is changed under R18-1-516. If altered by a licensing time-frames agreement, the terms of the original license category are modified only to the extent expressly stated in the licensing time-frames agreement.

C. If an Arizona statute or other rule in this Title conflicts with this Article, the statute or other rule governs except that only this Article determines whether an applicant is entitled to a refund and fee excusal due to Department failure to notify an applicant of a licensing decision within a licensing time-frame under A.R.S. § 41-1077(A).

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

R18-1-503. Administrative Completeness Review Time-frame Operation; Administrative Completeness

A. The administrative completeness review time-frame for an application begins on the day of Department receipt of the first component submittal in support of the application that contains all the following:

1. Identification of the applicant.

2. If the license is for a facility, identification of the facility.

3. Name and mailing address of the applicant and, if applicable, the applicant's agent authorized by the applicant to receive all notices issued by the Department under this Article.

4. Identification of the license category in which the application shall be first processed. If companion categories are shown on a license table for this license, the application shall be first processed in the companion category that is determined as follows:

a. If "standard" and "complex" categories are shown, in the "standard" category.

b. If "without a public hearing" and "with a public hearing" are shown, in the "without a public hearing" category.

c. If "without a public meeting" and "with a public meeting" are shown, in the "without a public meeting" category.

5. Completed Department application form if required for the license category.

6. Initial fee if required for the license category.

7. All application components required by statute or rule necessary for the Department to determine whether an application is administratively complete.

B. The administrative completeness review time-frame for an application ends on the earlier of the following days:

1. The day the Department notifies the applicant that the application is administratively complete under A.R.S. § 41-1074.

2. If the Department does not notify the applicant that the application is administratively complete under A.R.S. § 41-1074, the last day shown for the administrative completeness review time-frame for the relevant license category on the license tables.

C. If a notice of administrative deficiencies states that the Department is suspending the running of days within the time-frames until the applicant supplies the missing information identified on a comprehensive list of specific deficiencies included with the notice, the running of days within the administrative completeness review time-frame suspends on the day of notification.

D. If suspended, the running of days within the administrative completeness review time-frame remains suspended from the time of the first notice under subsection (C) of this Section until the applicant supplies the Department all missing information identified on the comprehensive list of specific deficiencies.

E. If the Department determines that an applicant has submitted all application components required by statute or rule within the administrative completeness review time-frame and necessary to allow the Department to grant the license, the Department shall notify the applicant that the application is administratively complete under A.R.S. § 41-1074.

F. If presumptive administrative completeness occurs:

1. Further notices of administrative deficiencies issued under subsection (C) of this Section will not suspend the running of days within the substantive review or overall time-frames and

2. The Department does not waive the requirement for the applicant to submit all application components necessary to allow the Department to grant the license.

G. The running of days within the administrative completeness review time-frame also suspends and resumes under R18-1-518 (emergencies).

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

R18-1-504. Substantive Review Time-frame Operation; Requests for Additional Information

A. The substantive review time-frame for an application begins on one of the following days:

1. If the Department notifies the applicant that the application is administratively complete before the expiration of the administrative completeness review time-frame, one day after notification.

2. If the Department does not notify the applicant that the application is administratively complete before the expiration of the administrative completeness review time-frame, one day after expiration.

B. The substantive review time-frame for an application ends on the earlier of the following days:

1. The day of Department notification that it has made a licensing decision under A.R.S. § 41-1076 and R18-1-507.

2. The last day shown for the substantive review time-frame for the license category on the license tables.

C. If the Department notifies the applicant to respond to a comprehensive request for additional information, the running of days within the substantive review time-frame is suspended beginning on the day of Department notification. The Department may issue only one comprehensive request that suspends the running of days within the substantive review time-frame under A.R.S. § 41-1075(A).

D. The running of days within the substantive review time-frame remains suspended from the time of the notice under subsection (C) until the applicant supplies all missing information to the Department.

E. The running of days within the substantive review time-frame also suspends and resumes under R18-1-518 (emergencies).

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

R18-1-505. Overall Time-frame Operation

A. The overall time-frame for an application begins on the same day as the administrative completeness review time-frame.

B. The running of days within the overall time-frame suspends and resumes in concert with the administrative completeness and substantive review time-frames and time-frame extensions.

C. The duration of the overall time-frame equals the sum of all the following days unless altered by R18-1-508 (licensing time-frames pre-application agreements) or R18-1-511 (changed licensing time-frames agreements):

1. The lesser of:

a. The number of days shown for the administrative completeness review time-frame on the license tables, or

b. The actual number of days for the administrative completeness review time-frame if the Department notifies the applicant under R18-1-503(E) that the application is administratively complete before the expiration of the administrative completeness review time-frame;

2. The lesser of:

a. The number of days shown for the substantive review time-frame on the license tables,

b. The actual number of days for the substantive review time-frame if the Department notifies the applicant of a licensing decision under R18-1-504(B)(1), or

c. The actual number of days for the substantive review time-frame if the applicant causes the time-frames to end under R18-1-507(D); and

3. The number of days added by one or more licensing time-frames extension agreements under R18-1-510.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

R18-1-506. Time-frame Extension Operation

A. If created by a licensing time-frames extension agreement under R18-1-510, the time-frame extension for an application begins one day after the substantive review and overall time-frames would otherwise expire and operates as if they were still in operation.

B. The time-frame extension for an application ends on one of the following days, whichever is earlier:

1. The day of Department notification that it has made a licensing decision under A.R.S. § 41-1076 and R18-1-507.

2. The day shown for the expiration of the time-frame extension identified in the time-frame extension agreement.

C. The Department may notify an applicant to respond to one comprehensive request for additional information during the time-frame extension on the same terms as prescribed in R18-1-504 except that the Department shall not make more than one comprehensive request for additional information under both R18-1-504 and this Section.

D. An applicant and the Department may enter into one or more licensing time-frames supplemental request agreements during the time-frame extension on the same terms as prescribed in R18-1-509.

E. The running of days within the time-frame extension also suspends and resumes under R18-1-518 (emergencies).

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-507. Ending of Time-frames; Licensing Decisions; Withdrawal; Notice of Licensing Time-frames Nonapplicability

A. Department notification of the grant or denial of a license ends the running of all licensing time-frames for an application.

B. The Department may deny a license if the applicant submits incomplete or inaccurate information in response to a notice of administrative deficiencies under R18-1-503, a request for additional information or a comprehensive request for additional information under R18-1-504, a supplemental request for additional information under R18-1-509, or any other deficiency in the application that prevents the Department from exercising its authority to grant the license.

C. The Department may deny a license if the applicant fails to respond in a reasonably timely manner to a notice of administrative deficiencies under R18-1-503, a request for additional information or a comprehensive request for additional information under R18-1-504, or a supplemental request for additional information under R18-1-509, and the deficiency in the application prevents the Department from exercising its authority to grant the license. In determining whether an applicant has failed to respond to a notice or request in a reasonably timely manner and the deficiency in the application prevents the Department from exercising its authority to grant the license, the Department shall consider the following factors:

1. The nature of the information requested.

2. The time that an applicant has been given in the notice or request to respond relative to the overall time-frame for that category of license.

3. The extent to which the Department's ability to process applications for that license category or related license categories is adversely affected by overdue responses for information.

D. Department notice of the denial of a license shall include all the following:

1. A justification for the denial under A.R.S. § 41-1076(1).

2. An explanation of the applicant's right to appeal the action under A.R.S. §§ 41-1076(2) and 41-1092.03(A).

3. An explanation of the applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

E. The following actions by the applicant are sufficient to end all time-frames for an application:

1. Withdrawing the application under R18-1-517.

2. Entering into a changed licensing time-frames agreement under R18-1-511.

F. If the Department determines during its review of an application that the application is not subject to this Article, the Department shall notify the applicant that the application is not subject to this Article. The Department notification shall contain the Department's reason for making the determination. Department notification under this subsection causes all time-frames for the application to end.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

R18-1-508. Licensing Time-frames Pre-application Agreements

A. An applicant and the Department may enter into a licensing time-frames pre-application agreement to allow the applicant to do one or more of the following:

1. Submit certain application components in one or more phases during the substantive review time-frame.

2. Coordinate the licensing time-frames requirements of this Article with expedited application review by a private consultant under contract with the Department for that purpose.

3. Coordinate the licensing time-frames requirements of this Article with an applicant's requirements to apply for and obtain other approvals reasonably related to the subject matter of the application.

B. A licensing time-frames pre-application agreement shall contain at least the following terms:

1. Unless otherwise specified in the agreement, all requirements of this Article remain in effect.

2. A waiver under A.R.S. § 41-1004 by the applicant of its rights to the number of time-frame days identified on the license tables in consideration of the Department allowing the applicant to enter into a licensing time-frames pre-application agreement.

3. Identification of application components.

4. The number of days for the administrative completeness review time-frame and the substantive review time-frame. Time spent in pre-application review shall not count toward the running of days within the time-frames.

5. A fee adjustment, if appropriate.

6. Identification of the license category within which the Department shall begin processing the application.

C. A licensing time-frames pre-application agreement that allows the applicant to submit certain application components in one or more phases during the substantive review time-frame shall contain at least the terms identified in subsection (B) of this Section and the following terms:

1. The overall time-frame shall not be less than the presumptive overall time-frame identified in subsection (B)(6) of this Section.

2. The administrative completeness review time-frame shown for the license category identified in subsection (B)(6) of this Section shall apply only to the first application phase.

3. The applicant may submit components otherwise required for administrative completeness in subsequent phases during the substantive review time-frame only to the extent that the agreement specifies deadlines for each subsequent application phase and identifies the application components required in each subsequent phase. The Department may notify the applicant to respond to a notice of administrative deficiencies within 15 days after each subsequent submittal or the deadline identified in the agreement for each subsequent phased application component submittal.

4. The Department may suspend the running of days within the time-frames once in each application phase with a comprehensive request for additional information on the same terms as prescribed under R18-1-504.

D. The Department shall consider all the following factors when determining whether to enter into a licensing time-frames pre-application agreement:

1. The complexity of the licensing subject matter. The Department shall not enter into an agreement if the presumptive substantive review time-frame is less than 90 days.

2. The resources of the Department. The Department shall not enter into an agreement if the Department determines that either the negotiation of the agreement or the terms of the agreement are likely to require the Department to expend additional resources to the significant detriment of other applicants.

3. The impact on public health and safety or the environment. The Department shall not enter into an agreement if the Department determines that the terms of the agreement are likely to cause a significant increase or change in the nature of the potential detrimental effects of the facility or activity to be governed by the license on public health and safety or the environment.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-509. Licensing Time-frames Supplemental Request Agreements

A. An applicant and the Department may enter into one or more licensing time-frames supplemental request agreements to allow the suspension of the running of days within the relevant substantive review and overall time-frames and time-frame extensions pending a response from the applicant to a supplemental request for additional information under A.R.S. § 41-1075(A). A request for additional time alone is not a valid justification for a supplemental request agreement.

B. A licensing time-frames supplemental request agreement shall contain at least the following terms:

1. Unless otherwise specified in the agreement, all requirements of this Article remain in effect.

2. A list of the additional information requested.

3. The running of days within the relevant substantive review and overall time-frames and time-frame extensions shall suspend and resume under Sections R18-1-504 through R18-1-506.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-510. Licensing Time-frames Extension Agreements

A. An applicant and the Department may enter into one or more time-frames extension agreements to extend the substantive review and overall time-frames under A.R.S. § 41-1075(B).

B. The total of all time-frames extension agreements may extend the time-frames no more than 25% of the number of days beyond the presumptive overall time-frame or, if identified as a fixed number in an R18-1-508 pre-application agreement, the presumptive overall time-frame in that agreement. A calculation that results in a fraction of a day shall be rounded to the nearest day.

C. A time-frames extension agreement shall contain at least the following terms:

1. Unless specified otherwise in the agreement, all requirements of this Article remain in effect.

2. The number of time-frame extension days.

3. The agreement creates a time-frame extension that operates under R18-1-506.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-511. Licensing Time-frames Changed Application Agreements

A. An applicant and the Department may enter into a licensing time-frames agreement to allow the applicant to change information previously submitted in support of a license application and to supersede the time-frames of that application with new time-frames. A changed licensing time-frames agreement causes all time-frames on the application to end under R18-1-507(D) and creates a new set of time-frames that operates under the agreement.

B. A changed licensing time-frames agreement shall contain at least the following terms:

1. Unless specified otherwise in the agreement, all requirements of this Article remain in effect.

2. A waiver under A.R.S. § 41-1004 by the applicant of its rights to the number of time-frame days identified on the license tables in consideration of the Department allowing the applicant to change the information submitted in support of a changed application.

3. Identification of application components required in support of the changed application.

4. The number of time-frame days applicable to the changed application.

5. A fee adjustment, if appropriate.

6. Identification of the license category within which the Department shall continue processing the changed application.

C. The Department shall consider all the following factors when determining whether to enter into a changed licensing time-frames agreement:

1. The complexity of the licensing subject matter. The Department shall not enter into an agreement if the presumptive substantive review time-frame is less than 30 days.

2. The resources of the Department. The Department shall not enter into an agreement if the Department determines that either the negotiation of the agreement or the terms of the agreement are likely to require the Department to expend additional resources to the significant detriment of other applicants.

3. The impact on public health and safety or the environment. The Department shall not enter into an agreement if the Department determines that the terms of the agreement are likely to cause a significant increase or change in the nature of the potential detrimental effects of the facility or activity to be governed by the license on public health and safety or the environment.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-512. Reserved

R18-1-513. Repealed

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Section repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

R18-1-514. Reserved

R18-1-515. Reserved

R18-1-516. Reassignment of License Category

A. The Department may reassign an application to a different category if an evaluation of the application components indicates that a change is necessary in the category in which the application is classified. The Department shall notify the applicant of the change in the license category at which time the reassignment shall take effect. The Department notice shall contain the Department's reason for making the reassignment to a different license category. After receiving Department notification, the applicant may submit an R18-1-521 notice of intent to rely on the license category in effect before Department notification.

B. If a public hearing or public meeting is requested for an application for a license that requires the Department to hold a public hearing or public meeting on a proposed licensing decision if requested, the Department shall reassign the application from a license category not providing for a public hearing or public meeting to the companion category so providing.

C. Reassignment may include a change from a standard to a companion complex category if such categories are shown on the license tables.

D. Reassignment to a new license category under this Section means only that the time-frames for the application expire on the days shown for the new license category rather than the previous category.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-517. Application Withdrawal

Withdrawal of an application causes all time-frames for that application to end.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-518. Emergencies and Upset Conditions

A. The Director may declare a moratorium on the starting of time-frames for new applications or may declare a suspension of all time-frames for one or more license categories identified on the license tables upon a determination that the starting of time-frames for new applications or the continued running of days within the time-frames on existing applications in that license category is likely to result in sanctions for those applications due to emergencies including:

1. Diversion of Department resources to respond to pollution prevention emergency activity,

2. Loss of use of premises,

3. Computer failure, or

4. Lack of access to a site inspection location due to weather or other natural conditions.

B. A declaration of a time-frame moratorium or suspension under subsection (A) of this Section shall be in writing and shall include all the following:

1. The reason for the time-frame moratorium or suspension.

2. Identification of the license categories subject to the time-frame moratorium or suspension.

3. If relevant, restriction of the declaration to one or more application review or site inspection locations.

4. Expiration of the time-frame moratorium or suspension by a date certain.

C. The Director may revoke declarations or issue successive declarations. The Director shall ensure that the duration of a time-frame moratorium or suspension under subsection (A) of the Section is limited to the shortest time necessary to address the emergency.

D. A declaration of a time-frame moratorium or suspension under subsection (A) of this Section affects only the operation of the time-frames and does not prohibit the Department from acceptance or continued review of license applications.

E. A declaration of a time-frame moratorium or suspension under subsection (A) of this Section applies only to applications and license categories that are subject to sanctions

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-519. Public Hearings; Public Meetings; Public Notice Periods

The suspension or expiration of the substantive review time-frame does not invalidate public hearings, public meetings, or public notice periods required by law to occur before a decision by the Department to grant a license.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-520. Notice of Intent to Rely on the Application Components as Submitted

A. An applicant, instead of submitting some or all of the application components identified by the Department, may submit an R18-1-205 notice of intent to rely on the application components as submitted in response to either of the following:

1. Receiving a notice of administrative deficiencies issued by the Department during the administrative completeness review time-frame.

2. Receiving a comprehensive request for additional information or a supplemental request for additional information issued by the Department after the administrative completeness review time-frame.

B. If the Department decides under R18-1-205 to rescind or modify the identification of the application component or components objected to by the applicant, the Department shall make the decision within 15 days after Department receipt of the applicant's R18-1-205 notice. If, at the time of the decision, the running of days within the time-frames is suspended:

1. A decision to rescind the identification of all application components identified in the notice shall resume the running of days within the time-frames.

2. A decision to rescind less than all or to modify the identification of one or more application components identified in the notice, shall allow the running of days within the time-frames to remain suspended in accordance with the Department notice identified in subsections (A)(1) or (A)(2) of this Section.

C. If, within 15 days after Department receipt of the applicant's R18-1-205 notice, the Department has not notified the applicant of a decision to rescind or modify the identification of the application component or components complained of in the notice, the running of days within the time-frames, if suspended, shall resume.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-521. Notice of Intent to Rely on the License Category

A. Upon Department notification that the Department has changed the license category under R18-1-516, an applicant may submit a notice of intent to rely on the license category in effect before the Department notification.

B. The applicant's notice under subsection (A) of this Section shall include all of the following:

1. Identification of the applicant.

2. Identification of the license application.

3. Identification of the date of the Department notice.

4. A statement that the applicant intends to rely on the license category in effect before Department notification of the R18-1-516 license category change as the basis upon which the Department shall make a licensing decision.

C. Upon receipt of an applicant's notice under subsection (A) of this Section, the Department shall do one of the following:

1. Rescind the change under subsection (D) of this Section.

2. Make a licensing decision under R18-1-507(A) and process the decision in the changed category identified under R18-1-516.

3. Allow the license category to revert under subsection (E) of this Section.

D. If the Department decides to rescind the change in the license category, the Department shall notify the applicant of the decision within 15 days after Department receipt of the applicant's notice under subsection (A) of this Section and shall continue to process the application in the license category on which the applicant is relying.

E. If, within 15 days after Department receipt of the applicant's notice under subsection (A) of this Section, the Department has not notified the applicant of a decision under subsection (C) of this Section, the license category shall revert to the category in effect before the R18-1-516 Department notification with the same effect on the time-frames as described in subsection (D) of this Section.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-522. Notice of Change of Applicant's Agent for Receiving Licensing Time-frames Notices

A. An applicant may change the designation of its agent identified under R18-1-503(A)(3) for receiving Department licensing time-frames notification.

B. To change the designation of the agent, the applicant shall submit a notice that complies with all the following to the application clerk:

1. Identification of the applicant.

2. Identification of the application.

3. Name and mailing address of the current agent authorized to receive all notices issued by the Department under this Article.

4. Name and mailing address of the new agent authorized to receive all notices issued by the Department under this Article.

5. Date when the applicant's authorization of the new agent will be effective.

6. Certification by the applicant that the information given under this subsection is true.

C. Upon Department receipt of the applicant's notice under subsection (B) of this Section, the Department shall notify the applicant of the date of receipt. The effective date of the change of applicant's agent shall not be less than three days after Department receipt of the notice.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-523. Refunds, Fee Excusals, and Penalties

A. An application is subject to sanctions under A.R.S. § 41-1077 only if the application is governed by this Article and requires a fee that is deposited in a Department fund. In addition, an application is subject to penalties under A.R.S. § 41-1077(B) only if it is subject to a substantive review time-frame as indicated on the license tables. An application withdrawn before the expiration of the overall time-frame is not subject to sanctions.

B. The Department shall make a refund and fee excusal to an applicant for an application if the Department determines both of the following:

1. The overall time-frame for that application expired prior to Department notification of a licensing decision under R18-1-507(A).

2. The applicant is the prospective licensee of the application.

C. The Department shall issue a refund and make a fee excusal within 15 days after the Department makes a determination that a refund and fee excusal is due.

D. A refund and fee excusal is limited to the specific application giving rise to the refund and fee excusal and does not include a refund or payment excusal for services requested by the applicant beyond the scope of the application. A refund is limited to the amount actually received from the applicant by the Department for the review of the specific application giving rise to the refund and does not include interest.

E. The Department shall pay to the state general fund a penalty for an application if the Department determines both of the following:

1. The overall time-frame for that application expired prior to Department notification of a licensing decision under R18-1-507(A)

2. On the last calendar day of the month, the Department still has not made a licensing decision under R18-1-507(A).

F. If an application accumulates excused fees, the Department shall calculate the penalty each month to include both the penalty due for the current month plus any additional penalties now due for previous months resulting from the continued accumulation of excused fees during the current month.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-524. Site Inspections

A. If a site inspection is a required application component for a license category, an applicant complies with the requirement to submit a site inspection application component if either of the following is met:

1. The applicant makes all necessary areas of a site available for inspection by the Department at a mutually agreed-upon time and for the period of time necessary for the Department to complete the site inspection.

2. The Department determines that the conditions of a license are such that a site inspection will provide no additional required information in order for the Department to make a licensing decision under R18-1-507(A)(1) or R18-1-507(A)(2).

B. If made, a site inspection shall be performed under A.R.S. § 41-1009. The purpose of a site inspection application component is to allow the Department to identify what site specific facts may be determinative of required license conditions in order to make a licensing decision under R18-1-507(A)(1) or R18-1-507(A)(2).

C. The Department shall prepare an inspection report under A.R.S. § 41-1009(D) for every site inspection made. The inspection report shall state both of the following:

1. The Department's action resulting from the inspection is completed.

2. Whether the applicant complied with subsection (A)(1) of this Section.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

R18-1-525. Licensing Time-frames; Application Components

The administrative completeness review time-frame days, the substantive review time-frame days, and the references to application components for each license category subject to this Article are shown on the license tables.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Table 1. Class I Air Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group I: Individual Class I prevention of significant deterioration (PSD) licenses:

 

1. Standard Class I PSD major source permit with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-406.

 

41

 

219

 

Yes

 

A.A.C. R18-2-304, R18-2-402, and

R18-2-406,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

2. Standard Class I PSD major source permit with a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-406.

 

41

 

251

 

Yes

 

A.A.C. R18-2-304, R18-2-402, and

R18-2-406,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

3. Complex Class I PSD major source permit with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-406.

 

41

 

281

 

Yes

 

A.A.C. R18-2-304, R18-2-402, and

R18-2-406,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

4. Complex Class I PSD major source permit with a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-406.

 

41

 

313

 

Yes

 

A.A.C. R18-2-304, R18-2-402, and

R18-2-406,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

Group II: Individual Class I major new source review (NSR) licenses:

 

5. Standard Class I major NSR permit with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-403.

 

41

 

219

 

Yes

 

A.A.C. R18-2-304, R18-2-402,

R18-2-403,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

6. Standard Class I major NSR permit with a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-403.

 

41

 

251

 

Yes

 

A.A.C. R18-2-304, R18-2-402,

R18-2-403,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

7. Complex Class I major NSR permit with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-403.

 

41

 

281

 

Yes

 

A.A.C. R18-2-304, R18-2-402,

R18-2-403,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

Table 1 (Continued). Class I Air Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

Group II (Continued): Individual Class I major new source review (NSR) licenses:

8. Complex Class I major NSR permit with a public
hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-403.

 

41

 

313

 

Yes

 

A.A.C. R18-2-304, R18-2-402, and

R18-2-403,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

Group III: Individual Class I other major source licenses:

 

9. Standard Class I other major source permit with no
public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

344

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and fee required.

 

 

 

 

 

 

 

 

 

10. Standard Class I other major source permit with a
public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

376

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and fee required.

 

 

 

 

 

 

 

 

 

11. Complex Class I other major source permit with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

406

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and fee required.

 

 

 

 

 

 

 

 

 

12. Complex Class I other major source permit with
a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

438

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and fee required.

 

 

 

 

 

 

 

 

 

Group IV: Individual Class I renewal licenses:

 

13. Standard Class I renewal permit with no public
hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-322.

 

41

 

344

 

No

 

A.A.C. R18-2-304

Department application form, site inspection, required.

 

 

 

 

 

 

 

 

 

14. Standard Class I renewal permit with a public
hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-322.

 

41

 

376

 

No

 

A.A.C. R18-2-304

Department application form, site inspection, required.

 

 

 

 

 

 

 

 

 

15. Complex Class I renewal permit with no public
hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and, R18-2-322.

 

41

 

406

 

No

 

A.A.C. R18-2-304

Department application form, site inspection, required.

 

 

 

 

 

 

 

 

 

16. Complex Class I renewal permit with a public
hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-322.

 

41

 

438

 

No

 

A.A.C. R18-2-304

Department application form, site inspection, required.

Table 1 (Continued). Class I Air Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group V: Individual Class I transfer, amendment, and revision licenses:

17. Class I transfer,

A.R.S. § 49-429,

A.A.C. R18-2-302 and R18-2-323.

 

5

 

10

 

Yes

 

A.A.C. R18-2-323,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

18. Class I administrative amendment,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-318.

 

10

 

41

 

No

 

A.A.C. R18-2-318,

Site inspection required.

 

 

 

 

 

 

 

 

 

19. Class I minor revision,

A.R.S. §§ 49-426.01,

A.A.C. R18-2-302 and R18-2-319.

 

41

 

103

 

Yes

 

A.A.C. R18-2-319,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

20. Standard Class I significant revision with no public hearing,

A.R.S. §§ 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

344

 

Yes

 

A.A.C. R18-2-304,

Fee: A.A.C. R18-2-326,

Department application form, site inspection, and initial fee required

 

 

 

 

 

 

 

 

 

21. Standard Class I significant revision with a public
hearing,

A.R.S. §§ 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

376

 

Yes

 

A.A.C. R18-2-304,

Fee: A.A.C. R18-2-326,

Department application form, site inspection, and initial fee required

 

 

 

 

 

 

 

 

 

22. Complex Class I significant revision with no public hearing,

A.R.S. §§ 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

406

 

Yes

 

A.A.C. R18-2-304,

Fee: A.A.C. R18-2-326,

Department application form, site inspection, and initial fee required

 

 

 

 

 

 

 

 

 

23. Complex Class I significant revision with a public hearing,

A.R.S. §§ 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

438

 

Yes

 

A.A.C. R18-2-304,

Fee: A.A.C. R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

Group VI: Authority to operate (ATO) under Class I general permit licenses:

24. Class I general permit petition,

A.R.S. § 49-426(H),

A.A.C. R18-2-302 and R18-2-502(B).

 

21

 

61

 

No

 

A.A.C. R18-2-502(B).

 

 

 

 

 

 

 

 

 

25. Class I general coverage ATO new permit,

A.R.S. § 49-426(H),

A.A.C. R18-2-302 and R18-2-503.

 

21

 

103

 

Yes

 

A.A.C. R18-2-503,

Fee: R18-2-511,

Department application form, site inspection, and initial fee required.

Historical Note

Table 1 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Table 2. Class II Air Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group I: Individual Class II new licenses:

 

1. Standard Class II permit with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

240

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

2. Standard Class II permit with a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

272

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

3. Complex Class II permit with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

302

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

4. Complex Class II permit with a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302.

 

41

 

334

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

Group II: Individual Class II renewal licenses:

 

5. Standard Class II renewal with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-322.

 

41

 

240

 

No

 

A.A.C. R18-2-304,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

6. Standard Class II renewal with a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-322.

 

41

 

272

 

No

 

A.A.C. R18-2-304,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

7. Complex Class II renewal with no public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-322.

 

41

 

302

 

No

 

A.A.C. R18-2-304,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

8. Complex Class II renewal with a public hearing,

A.R.S. § 49-426,

A.A.C. R18-2-302 and R18-2-322.

 

41

 

334

 

No

 

A.A.C. R18-2-304,

Department application form site inspection required.

 

 

 

 

 

 

 

 

 

 

Table 2 (Continued). Class II Air Licenses

Subject to A.R.S. § 41-1073-(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

Group III: Individual Class II transfer, amendment, and revision licenses:

 

 

 

 

 

 

 

 

 

9. Class II transfer,

A.R.S. § 49-429,

A.A.C. R18-2-302, R18-2-323.

 

5

 

10

 

Yes

 

A.A.C. R18-2-323,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

10. Class II administrative amendment,

A.R.S. § 49-426,

A.A.C. R18-2-302, R18-2-318.

 

10

 

41

 

No

 

A.A.C. R18-2-318.

 

 

11. Class II minor revision,

A.R.S. § 49-426.01.

A.A.C. R18-2-302 and R18-2-319.

 

41

 

62

 

Yes

 

A.A.C. R18-2-319,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

12. Standard Class II significant revision with no public hearing,

A.R.S. § 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

198

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

13. Standard Class II significant revision with a public hearing,

A.R.S. § 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

230

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

14. Complex Class II significant revision with no public hearing,

A.R.S. § 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

260

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

15. Complex Class II significant revision with a public hearing,

A.R.S. § 49-426.01,

A.A.C. R18-2-302 and R18-2-320.

 

41

 

292

 

Yes

 

A.A.C. R18-2-304,

Fee: R18-2-326,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

Group IV: Authority to operate (ATO) under general permit licenses.

 

16. Class II general permit petition,

A.R.S. § 49-426(H),

A.A.C. R18-2-302 and R18-2-502(B).

 

21

 

61

 

No

 

A.A.C. R18-2-502(B).

 

 

 

 

 

 

 

 

 

17. Class II general coverage ATO new permit,

A.R.S. § 49-426(H),

A.A.C. R18-2-302 and R18-2-503.

 

21

 

103

 

Yes

 

A.A.C. R18-2-503,

Fee: R18-2-511,

Department application form, site inspection, and initial fee required.

Table 2 (Continued). Class II Air Licenses

Subject to A.R.S. § 41-1073-(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

 

Group IV (Continued): Authority to operate (ATO) under general permit licenses.

 

16. Class II general permit petition,

A.R.S. § 49-426(H),

A.A.C. R18-2-302 and R18-2-502(B).

 

21

 

61

 

No

 

A.A.C. R18-2-502(B).

 

 

 

 

 

 

 

 

 

17. Class II general coverage ATO new permit,

A.R.S. § 49-426(H),

A.A.C. R18-2-302 and R18-2-503.

 

21

 

103

 

Yes

 

A.A.C. R18-2-503,

Fee: R18-2-511,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

18. Class II general coverage ATO renewal permit,

A.R.S. § 49-426(H),

A.A.C. R18-2-302 and R18-2-505.

 

21

 

103

 

Yes

 

A.A.C. R18-2-505,

Fee: R18-2-511,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

 

 

 

19. Class II general coverage ATO variance,

A.R.S. § 49-426(H),

A.A.C. R18-2-507.

 

21

 

103

 

No

 

A.A.C. R18-2-507,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

Historical Note

Table 2 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

 

Table 3. Open Burning Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

1. Dangerous material open burning permit,

A.R.S. § 49-501,

A.A.C. R18-2-602.

 

5

 

21

 

No

 

A.A.C. R18-2-602(D)(2),

Department application form required.

 

 

 

 

 

 

 

 

 

Historical Note

Table 3 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 3-N. Repealed

Historical Note

Table 3-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Table 3-S. Repealed

Historical Note

Table 3-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 4. Vehicle Emission Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

1. Fleet station permit,

A.R.S. § 49-546,

A.A.C. R18-2-1019, R18-2-1026.

 

15

 

21

 

No

 

A.A.C. R18-2-1019,

Department application form required.

 

 

2. Emissions analyzer/opacity meter registration,

A.R.S. §§ 49-542(J)(4) and 49-546(A)(2),

A.A.C. R18-2-1027.

 

10

 

10

 

No

 

A.A.C. R18-2-1027,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

Historical Note

Table 4 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 5. Safe Drinking Water Construction Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group I: Drinking water approval-to-construct (ATC) licenses:

 

1. Standard drinking water treatment facility, project, or well approval to construct,

A.R.S. § 49-353,

A.A.C. R18-5-505.

 

16

 

37

 

Yes

 

A.A.C. R18-5-505,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

2. Complex drinking water treatment facility, project, or well approval to construct,

A.R.S. § 49-353,

A.A.C. R18-5-505.

 

16

 

67

 

Yes

 

A.A.C. R18-5-505,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

3. Standard public and semi-public swimming pool
design approval,

A.R.S. § 49-104(B)(12).

 

26

 

26

 

Yes

 

A.A.C. R18-5-203,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

4. Complex public and semi-public swimming pool
design approval,

A.R.S. § 49-104(B)(12).

 

26

 

67

 

Yes

 

A.A.C. R18-5-203,

Department application form and site inspection required.

Table 5 (Continued): Safe Drinking Water Construction Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group II: Drinking water approval-of-construction (AOC) licenses:

 

5. Standard drinking water treatment facility, project, or well approval of construction,

A.R.S. § 49-353,

A.A.C. R18-5-507.

 

16

 

37

 

Yes

 

A.A.C. R18-5-507,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

6. Complex drinking water treatment facility, project, or well approval of construction,

A.R.S. § 49-353,

A.A.C. R18-5-507.

 

16

 

67

 

Yes

 

A.A.C. R18-5-507,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

7. Standard public and semi-public swimming pool approval of construction,

A.R.S. § 49-104(B)(12).

 

26

 

26

 

Yes

 

A.A.C. R18-5-204,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

8. Complex public and semi-public swimming pool approval of construction,

A.R.S. § 49-104(B)(12).

 

26

 

67

 

Yes

 

A.A.C. R18-5-204,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

Group III: Other licenses:

 

9. Standard drinking water new source approval,

A.R.S. § 49-353,

A.A.C. R18-5-505.

 

16

 

37

 

Yes

 

A.A.C. R18-5-505,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

10. Complex drinking water new source approval,

A.R.S. § 49-353,

A.A.C. R18-5-505.

 

16

 

67

 

Yes

 

A.A.C. R18-5-505,

Department application form and site inspection required.

 

11. Drinking water time extension approval,

A.R.S. § 49-353,

A.A.C. R18-5-505.

 

16

 

16

 

Yes

 

A.A.C. R18-5-505,

Department application form required.

 

 

 

 

 

 

 

 

 

Historical Note

Table 5 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 5-N. Repealed

Historical Note

Table 5-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Table 5-S. Repealed

Historical Note

Table 5-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Table 6. Repealed

Historical Note

Table 6 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

 

Table 6-E. Repealed

Historical Note

Table 6-E adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

 

Table 6-N. Repealed

Historical Note

Table 6-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

 

Table 6-S. Repealed

Historical Note

Table 6-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

 

Table 7. Pesticide Contamination Prevention Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

1. New pesticide approval

A.R.S. § 49-310

A.A.C. R18-6-102

62

124

No

A.A.C. R18-6-102

 

 

 

 

 

2. Active ingredient or pesticide criticality
determination

A.R.S. § 49-303

A.A.C. R18-6-103

21

41

No

A.A.C. R18-6-102

 

 

 

 

 

3. Pesticide addition or deletion to groundwater
protection list approval

A.R.S. § 49-305

A.A.C. R18-6-301

21

41

No

A.A.C. R18-6-301

 

 

 

 

 

4. Conditional pesticide registration
A.R.S. § 49-310

A.A.C. R18-6-102(B)(2)

21

41

No

A.R.S. § 49-310

Historical Note

Table 7 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed; new Table made by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Table 7-N. Repealed

Historical Note

Table 7-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

 

Table 7-S. Repealed

Historical Note

Table 7-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Table 8. Safe Drinking Water Monitoring and Treatment Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group I: Safe drinking water monitoring, sample, and sample site change and waiver licenses:

 

1. Monitoring frequency change approval,
A.R.S. § 49-353(A)(2), A.A.C. R18-4-206(G)(1),
R18-4-206(G)(2), R18-4-206(J), R18-4-206(K)(1),
R18-4-206(K)(2), R18-4-207(H)(1), R18-4-207(H)(2), R18-4-208(E), R18-4-208(F), R18-4-209(G),
R18-4-212(E), R18-4-212(F), R18-4-212(G)(1),
R18-4-212(G)(2), R18-4-212(I)(3), R18-4-213(A),
R18-4-214(F), R18-4-214.01(H), R18-4-214.01(L),
R18-4-214.02(G), R18-4-214.02(K), R18-4-216(E),
R18-4-216(G)(1), R18-4-216(G)(2), R18-4-216(H)(3), R18-4-217(D) R18-4-217(E), R18-4-217(F), R18-4-310(D), R18-4-310(D)(2), R18-4-313(J), R18-4-313(K),
R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3), R18-4-403(A)(1), R18-4-403(A)(2).

 

15

 

27

 

No

 

A.A.C. R18-4-206(G)(1), R18-4-206(G)(2), R18-4-206(J), R18-4-206(K)(1), R18-4-206(K)(2), R18-4-207(H)(1), R18-4-207(H)(2), R18-4-208(E), R18-4-208(F), R18-4-209(G), R18-4-212(E), R18-4-212(F), R18-4-212(G)(1), R18-4-212(G)(2), R18-4-212(I)(3), R18-4-213(A), R18-4-214(F), R18-4-214.01(H), R18-4-214.01(L), R18-4-214.02(G), R18-4-214.02(K), R18-4-216(E), R18-4-216(G)(1), R18-4-216(G), R18-4-216(H)(3), R18-4-217(D), R18-4-217(E), R18-4-217(F), R18-4-310(D), R18-4-310(D)(2), R18-4-313(J), R18-4-313(K), R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3), R18-4-403(A)(1), R18-4-403(A)(2).

Department application form required.

 

 

 

 

 

 

 

 

 

2. Monitoring sample change approval,

A.R.S. § 49-353(A)(2), A.A.C. R18-4-214(E),
R18-4-214.02(F), R18-4-310(E), R18-4-313(J), R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3).

 

15

 

27

 

No

 

A.A.C. R18-4-214(E), R18-4-214.02(F), R18-4-310(E), R18-4-313(J), R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3).

Department application form required.

 

 

 

 

 

 

 

 

 

3. Residual disinfectant concentration sampling interval approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-303(B)(2)(a).

 

15

 

15

 

No

 

A.A.C. R18-4-303,

Department application form required.

 

 

 

 

 

 

 

 

 

4. Interim monitoring relief determination,

A.R.S. § 49-359(B)(3).

 

21

 

41

 

No

 

A.R.S. § 49-359(B),

Department application form required.

 

 

 

 

 

 

 

 

 

5. Man-made radioactivity environmental surveillance substitution approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-217(I)(3)(d).

 

21

 

62

 

No

 

A.A.C. R18-4-217(I)(3)(d),

Department application form required.

 

 

 

 

 

 

 

 

 

6. Consecutive public water system monitoring requirements modification approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-113.

 

21

 

84

 

No

 

A.A.C. R18-4-113,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

7. Trihalomethane source basis for sampling purposes approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-214(C).

 

21

 

167

 

No

 

A.A.C. R18-4-214,

Department application form and site inspection required.

Table 8 (Continued). Safe Drinking Water Monitoring and Treatment Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group I (Continued): Safe drinking water monitoring, sample, and sample site change and waiver licenses:

8. Sodium multiple well sampling number reduction approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-401(B).

 

21

 

167

 

No

 

A.A.C. R18-4-401,

Department application form and site inspection required.

 

9. Turbidity monitoring frequency reduction approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-302(H).

 

21

 

167

 

No

 

A.A.C. R18-4-302,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

10. Monitoring waiver approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-206(L), R18-4-207(K), R18-4-212(K)(1), R18-4-212(K)(2), R18-4-212(K)(3), R18-4-212(K)(4), R18-4-216(M)(1), R18-4-216(M)(2), R18-4-217(F).

 

21

 

105

 

No

 

A.A.C. R18-4-206(L), R18-4-207(K), R18-4-212(K)(1), R18-4-212(K)(2), R18-4-212(K)(3), R18-4-212(K)(4), R18-4-216(M)(1), R18-4-216(M)(2), R18-4-217(F),

Department application form required.

 

 

 

 

 

 

 

 

 

Group II: Safe drinking water variance and exemption licenses:

 

11. Maximum contaminant level or treatment technique requirement variance with no public hearing,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-110.

 

21

 

105

 

No

 

A.A.C. R18-4-110,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

12. Maximum contaminant level or treatment technique requirement variance with a public hearing,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-110.

 

21

 

187

 

No

 

A.A.C. R18-4-110,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

13. Maximum contaminant level or treatment technique requirement exemption with no public hearing,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-111.

 

21

 

105

 

No

 

A.A.C. R18-4-111,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

14 Maximum contaminant level or treatment technique requirement exemption with a public hearing,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-111.

 

21

 

187

 

No

 

A.A.C. R18-4-111,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

15. Maximum contaminant level or treatment technique requirement compliance extension approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-111(C).

 

21

 

32

 

No

 

A.A.C. R18-4-111,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

16. Maximum contaminant level or treatment technique requirement compliance additional extension approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-111(C).

 

21

 

42

 

No

 

A.A.C. R18-4-111,

Department application form and site inspection required.

Table 8 (Continued). Safe Drinking Water Monitoring and Treatment Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group II (Continued): Safe drinking water variance and exemption licenses:

 

17. Safe drinking water requirement exclusion approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-112(A).

 

21

 

42

 

No

 

A.A.C. R18-4-112(B),

Department application form and site inspection required.

 

18. Backflow-prevention assembly third-party certifying entity designation approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-115(D)(2).

 

21

 

105

 

No

 

A.A.C. R18-4-115,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

Group III: Safe drinking water treatment and monitoring plan licenses:

 

19. Maximum contaminant level compliance blending
plan approval (for 10 or fewer points-of entry),

A.R.S. § 49-353(A)(2),

R18-4-221(A).

 

21

 

42

 

No

 

A.A.C. R18-4-221,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

20. Maximum contaminant level compliance blending
plan approval (for more than 10 points-of-entry),

A.R.S. § 49-353(A)(2),

R18-4-221(A).

 

21

 

84

 

No

 

A.A.C. R18-4-221,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

21. Maximum contaminant level compliance blending
plan change approval (for 10 or fewer points-of entry),

A.R.S. § 49-353(A)(2),

R18-4-221(B).

 

21

 

42

 

No

 

A.A.C. R18-4-221,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

22. Maximum contaminant level compliance blending
plan change approval (for more than 10 points-of-entry,

A.R.S. § 49-353(A)(2),

R18-4-221(B).

 

21

 

84

 

No

 

A.A.C. R18-4-221,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

23. Maximum contaminant level compliance at
subsequent downstream service connections monitoring plan approval,

A.R.S. § 49-353(A)(2),

R18-4-221(A)(2).

 

21

 

125

 

No

 

A.A.C. R18-4-221,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

24. Point-of-entry treatment device monitoring plan approval,

A.R.S. § 49-353(A)(2),

R18-4-222(B)(1).

 

15

 

15

 

No

 

A.A.C. R18-4-222,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

25. Point-of-entry treatment device design approval,

A.R.S. § 49-353(A)(2),

R18-4-222(B)(2).

 

21

 

167

 

No

 

A.A.C. R18-4-222,

Department application form and site inspection required.

Table 8 (Continued). Safe Drinking Water Monitoring and Treatment Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group III (Continued): Safe drinking water treatment and monitoring plan licenses:

 

26. Lead and copper source water treatment determination modification,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-313(P), R18-4-313(Q).

 

21

 

167

 

No

 

A.A.C. R18-4-313,

Department application form and site inspection required.

 

27. Lead and copper source water concentration
determination modification,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-314(N).

 

21

 

167

 

No

 

A.A.C. R18-4-314,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

28. Lead service line extent under system control
determination approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-315(D).

 

21

 

105

 

No

 

A.A.C. R18-4-315,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

29. Lead service line extent under system control
rebuttable presumption determination approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-315(E).

 

21

 

105

 

No

 

A.A.C. R18-4-315,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

Group IV: Lead and copper corrosion control licenses:

 

 

30. Lead and copper optimal corrosion control treatment approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-313(A).

 

42

 

502

 

No

 

A.A.C. R18-4-313,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

31. Large water system lead and copper corrosion control activities equivalency demonstration approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-307(B).

 

42

 

502

 

No

 

A.A.C. R18-4-307,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

32. Small and medium water system lead and copper
corrosion control activities equivalency demonstration approval,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-307(B).

 

21

 

502

 

No

 

A.A.C. R18-4-307,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

33. Lead and copper optimal corrosion treatment
determination modification,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-313(P), R18-4-313(Q).

 

42

 

376

 

No

 

A.A.C. R18-4-313,

Department application form and site inspection required.

Table 8 (Continued). Safe Drinking Water Monitoring and Treatment Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

 

ACR

TF

Days

 

SR

TF

Days

 

Subject

to

Sanctions

 

 

 

Application Components

 

 

 

 

 

 

 

 

 

Group IV (Continued): Lead and copper corrosion control licenses:

 

 

 

 

 

 

 

 

 

34. Lead and copper water quality control parameters determination modification,

A.R.S. § 49-353(A)(2),

A.A.C. R18-4-313(P), R18-4-313(Q).

 

42

 

376

 

No

 

A.A.C. R18-4-313,

Department application form and site inspection required.

 

 

 

 

 

 

 

 

 

Historical Note

Table 8 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 9. Repealed

Historical Note

Table 9 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 10. Water Permit Licensing Time-frames (Business Days)

 

 

 

Permits

 

 

Authority

 

Administrative Completeness Review

 

Substantive Review

 

Overall Time-frame

 

 

 

AQUIFER PROTECTION PERMITS

Individual Permit

No public hearing

Public hearing

A.R.S. §§ 49-203, 49-242

18 A.A.C. 9, Article 2

 

35

35

 

 

 

 

 

 

 

186

2311

 

221

266

Complex Individual Permit

No public hearing

Public hearing

A.R.S. §§ 49-203, 49-242

18 A.A.C. 9, Article 2

 

 

35

35

 

 

 

 

 

 

 

 

 

 

249

2941

 

 

284

329

Individual Permit Significant Amendment

No public hearing

Public hearing

A.R.S. §§ 49-203,
49-242

18 A.A.C. 9, Article 2

 

 

35

35

 

 

 

 

 

 

 

 

 

 

186

2311

 

 

221

266

Complex Individual Permit
Significant Amendment

No public hearing

Public hearing

A.R.S. §§ 49-203,
49-242

18 A.A.C. 9, Article 2

35

35

 

 

 

 

 

 

 

 

249

2941

284

329

Individual Permit

Other Amendment

A.R.S. §§ 49-203, 49-242

18 A.A.C. 9, Article 2

 

35

 

 

 

 

 

100

 

135

Temporary Individual Permit

A.R.S. §§ 49-203, 49-242

18 A.A.C. 9, Article 2

 

35

 

 

 

 

 

145

 

180

Type 3 General Permit

A.R.S. § 49-245

A.A.C. R18-9-D301 through R18-9-D307

 

21

 

 

 

 

 

60

 

81

4.01 General Permit

300 services or less

 

 

More than 300 services

A.R.S. § 49-245

A.A.C. R18-9-E301

 

42

 

 

42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

53

 

94

 

 

952

 

1362

Standard Single

4.02, 4.03, 4.13, 4.14, 4.15,
and 4.16 General Permits

A.R.S. § 49-245

A.A.C. R18-9-E302,

R18-9-E303,

R18-9-E313,

R18-9-E314

 

 

42

 

 

 

 

 

 

 

 

31

 

 

732

4.23 General Permit

A.R.S. § 49-245

A.A.C. R18-9-E323

42

 

 

94

1362

Standard Combined

Two or three Type 4

General Permits

A.R.S. § 49-245

A.A.C. R18-9-E302 through R18-9-E323

 

42

 

 

 

 

 

 

53

 

952

Complex Combined

Four or more Type 4

General Permits

A.R.S. § 49-245

A.A.C. R18-9-E302 through R18-9-E323

 

42

 

 

 

 

 

 

94

 

1362

SUBDIVISION APPROVALS

Subdivision

Individual facilities

A.R.S. § 49-104(B)(11)

A.A.C. R18-5-408

 

21

 

 

 

 

 

46

 

67

Subdivision

Community facilities

A.R.S. § 49-104(B)(11)

A.A.C. R18-5-403

 

21

 

 

 

 

 

37

 

58

RECLAIMED WATER PERMITS

Individual Permit

No public hearing

Public hearing

A.R.S. § 49-203

A.A.C. R18-9-702 through R18-9-707

 

35

35

 

 

 

 

 

 

 

186

2311

 

221

266

Complex Individual Permit

No public hearing

Public hearing

A.R.S. § 49-203

A.A.C. R18-9-702 through

A.A.C. R18-9-707

 

 

35

35

 

 

 

 

 

 

 

 

 

 

249

2941

 

 

284

329

Type 3 General Permit

A.R.S. § 49-203

A.A.C. R18-9-717,

R18-9-718,

R18-9-719

 

21

 

 

 

 

 

60

 

81

ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM (AZPDES) PERMITS

Individual Permit

Major Facility5

No public hearing

Public hearing

A.R.S. § 49-255.01

18 A.A.C. 9, Article 9, Part B

 

 

35

35

 

 

 

 

 

 

 

 

 

 

249

2941

 

 

2843, 4

3293, 4

Individual Permit

Minor Facility6

No public hearing

Public hearing

A.R.S. § 49-255.01

18 A.A.C. 9, Article 9, Part B

 

 

35

35

 

 

 

 

 

 

 

 

 

 

186

2311

 

 

2213, 4

2663, 4

Individual Permit

Stormwater / Construction Activities

No public hearing

Public hearing

A.R.S. § 49-255.01

18 A.A.C. 9, Article 9, Part B

 

 

 

35

35

 

 

 

 

 

 

 

 

 

 

 

 

 

126

1711

 

 

 

161

2063, 4

Individual Permit

Major Modification

No public hearing

Public hearing

A.R.S. § 49-255.01

18 A.A.C. 9, Article 9, Part B

 

 

35

35

 

 

 

 

 

 

 

 

 

 

186

2311

 

 

2213, 4

2663, 4

LAND APPLICATION OF BIOSOLIDS REGISTRATIONS

Biosolid Applicator Registration Request Acknowledgment

A.R.S. § 49-255.03

A.A.C. R18-9-1004

 

15

 

 

 

 

 

0

 

15

 

1 A request for a public hearing allows the Department 60 days to publish the notice of public hearing and for the official comment period. Forty-five business days are added to the substantive review time-frame.

2 Each request for an alternative design, installation, or operational feature under R18-9-A312(G) to a Type 4 General Permit adds eight business days to the substantive review time-frame.

3 EPA reserves the right, under 40 CFR 123.44, to take 90 days to supply specific grounds for objection to a draft or proposed permit when a general objection is filed within the review period. The first 30 days run concurrently with the Department's official comment period. Forty-five business days will be added to the substantive review time-frame to allow for the EPA review.

4 If a request for a variance is submitted to the Department, 40 CFR 124.62 requires that specific variances are subject to review by EPA. Under 40 CFR 123.44, EPA reserves the right to take 90-days to approve or deny the variance. Sixty-four business days will be added to the substantive review time-frame to allow for the EPA review.

5 "Major facility" means any NPDES "facility or activity" classified as such by the EPA in conjunction with the Director.

6 "Minor facility" means any facility that is not classified as a major facility.

 

Historical Note

Table 10 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed; new Table made by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 11. Surface Water Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group I: Clean Water Act (CWA) § 401 certification licenses:

 

 

 

 

 

1. CWA § 401 state certification of a proposed CWA § 404 permit,

A.R.S. § 49-202.

 

21

42

No

A.R.S. § 49-202, 33 U.S.C. § 1341(a),

Public notice of underlying proposed permit and Department application form required.

Historical Note

Table 11 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 12. Solid Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

Group I: Solid waste variance licenses:

 

1. Rule or standard variance request,

A.R.S. § 49-763.01.

 

21

41

No

A.R.S. § 49-763.01,

Department application form required.

Group II: Nonlandfill solid waste facility individual discharging aquifer protection (AP) licenses:

 

2. Standard nonlandfill solid waste discharging facility AP new permit with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

186

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

3. Standard nonlandfill solid waste discharging facility AP new permit with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

232

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

4. Complex nonlandfill solid waste discharging facility AP new permit with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

249

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

5. Complex nonlandfill solid waste discharging facility AP new permit with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

295

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

6. Standard nonlandfill solid waste discharging facility AP permit significant amendment with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

35

186

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

7. Standard nonlandfill solid waste discharging facility AP permit significant amendment with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

35

232

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

8. Complex nonlandfill solid waste discharging facility AP permit significant amendment with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

35

249

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

9. Complex nonlandfill solid waste discharging facility AP permit significant amendment with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

35

295

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

10. Standard nonlandfill solid waste discharging facility AP permit other amendment,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

35

186

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form and initial fee required.

11. Complex nonlandfill solid waste discharging facility AP permit other amendment,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

35

249

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

12. Nonlandfill solid waste discharging facility AP permit transfer approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

21

32

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form and initial fee required.

13. Nonlandfill solid waste discharging facility AP closure plan approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

21

41

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

14. Standard nonlandfill solid waste discharging facility AP post-closure plan approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

 

21

41

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

15. Complex nonlandfill solid waste discharging facility AP post-closure plan approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

21

125

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

Historical Note

Table 12 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

 

Table 13. Special Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group I: Special waste licenses:

 

 

 

 

 

1. Waste from shredding motor vehicles alternative sampling plan approval,

A.R.S. §§ 49-762 and 49-857,

A.A.C. R18-13-1307(A).

5

5

No

A.A.C. R18-13-1307(A).

 

 

 

 

 

2. Petroleum contaminated soil temporary
treatment facility approval,

A.A.C. R18-13-1610(B).

32

62

No

A.A.C. R18-13-1610(B).

 

 

 

 

 

Group II: Special waste facility plan licenses:

 

 

 

 

 

3. Existing special waste facility plan approval,

A.R.S. § 49-762.03(A)(2).

32

124

Yes

A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

4. New special waste facility plan approval with no public hearing,

A.R.S. §§ 49-762.03(A)(1), 49-857, and 49-857.01.

32

62

Yes

A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

5. New special waste facility plan approval with a public hearing,

A.R.S. §§ 49-762.03(A)(1), 49-857, and 49-857.01.

32

124

Yes

A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

Group III: Special waste facility amendment licenses:

 

 

 

 

 

6. Special waste facility plan type III substantial change,

A.R.S. §§ 49-762.06(B), 49-857, and 49-857.01.

21

41

Yes

A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

7. Special waste facility plan type IV substantial change with no public hearing,

A.R.S. § 49-762.06(B).

21

41

Yes

A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

8. Special waste facility plan type IV substantial change with a public hearing,

A.R.S. §§ 49-762.06(B), 49-857, and 49-857.01.

21

62

Yes

A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

 

Historical Note

Table 13 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Table 14. Landfill Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group I: Municipal solid waste landfill facility plan licenses:

 

 

 

 

 

1. Existing solid waste facility plan approval (landfill),

A.R.S. §§ 49-761(B), 49-762, 49-762.03, and
49-762.04.

32

124

Yes

40 CFR § 257, 40 CFR § 258,

Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

2. New solid waste facility plan approval with no public hearing (landfill),

A.R.S. §§ 49-761(B), 49-762, 49-762.03, and 49-762.04.

32

62

Yes

40 CFR § 257, 40 CFR § 258,

Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

3. New solid waste facility plan approval with a public hearing (municipal solid waste landfill),

A.R.S. §§ 49-761(B), 49-762, 49-762.03, and 49-762.04.

32

124

Yes

40 CFR § 257, 40 CFR § 258,

Fee: R18-13-701 through R18-13-703,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

4. New municipal solid waste landfill operation temporary authorization,

A.R.S. § 49-762.03(C).

21

41

No

A.R.S. § 49-762.03(C).

 

 

 

 

 

Group II: Solid waste landfill facility amendment licenses:

 

 

 

 

 

5. Solid waste facility plan type III substantial change (municipal solid waste landfill) with no public hearing,

A.R.S. § 49-762.06(B).

21

41

Yes

40 CFR § 258,

Fee: R18-13-701 through R18-13-703,

Department application, site inspection, form required.

 

 

 

 

 

6. Solid waste facility plan type III
substantial change (municipal solid waste landfill) with a public hearing,

A.R.S. § 49-762.06(B).

21

62

Yes

40 CFR § 258,

Fee: R18-13-701 through R18-13-703,

Department application, site inspection, form required.

 

 

 

 

 

7. Solid waste facility plan type IV substantial change (municipal solid wasteland fill) with no public hearing,

A.R.S. § 49-762.06(B).

21

41

Yes

40 CFR § 258,

Fee: R18-13-701 through R18-13-703,

Department application, site inspection, form required.

 

 

 

 

 

8. Solid waste facility plan type IV substantial change (municipal solid waste landfill) with a public hearing,

A.R.S. § 49-762.06(B).

21

62

Yes

40 CFR § 258,

Fee: R18-13-701 through R18-13-703,

Department application, site inspection, form required.

 

 

 

 

 

Group III: Non-municipal solid waste landfill facility individual discharging aquifer protection (AP) licenses:

 

 

 

 

 

9. Standard non-municipal solid waste landfill discharging facility AP new permit with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

186

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

10. Standard non-municipal solid waste landfill discharging facility AP new permit with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

232

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

Table 14 (Continued). Landfill Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group III (Continued): Non-municipal solid waste landfill facility individual discharging aquifer protection (AP) licenses:

 

 

 

 

 

11. Complex non-municipal solid waste landfill discharging facility AP new permit with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

249

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

12. Complex non-municipal solid waste landfill discharging facility AP new permit with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

295

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

13. Standard non-municipal solid waste landfill discharging facility AP permit significant amendment with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

186

Yes

A.A.C. A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

14. Standard non-municipal solid waste landfill discharging facility AP permit significant amendment with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

232

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

15. Complex non-municipal solid waste landfill discharging facility AP permit significant amendment with no public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

249

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

16. Complex non-municipal solid waste landfill discharging facility AP permit significant amendment with a public hearing,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

295

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

17. Standard non-municipal solid waste landfill discharging facility AP permit other amendment,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

186

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

18. Complex non-municipal solid waste landfill discharging facility AP permit other amendment,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

35

249

Yes

A.A.C. R18-9-A201 through R18-9-A213,

Fee: R18-14-101 through R18-14-107,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

19. Non-municipal solid waste landfill discharging facility AP permit transfer approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

21

32

Yes

A.A.C. R18-9-121(E),

Fee: R18-14-101 through R18-14-107,

Department application form and initial fee required.

 

20. Non-municipal solid waste landfill discharging facility AP closure plan approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

21

41

Yes

A.A.C. R18-9-116,

Fee: R18-14-101 through R18-14-107,
Department application form, site inspection, and initial fee required.

Table 14 (Continued). Landfill Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group III (Continued): Non-municipal solid waste landfill facility individual discharging aquifer protection (AP) licenses:

 

 

 

 

 

 

21. Standard non-municipal solid waste landfill discharging facility AP post-closure plan approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

21

41

Yes

A.A.C. R18-9-116,

Fee: R18-14-101 through R18-14-107,

Department application form required.

 

 

 

 

 

22. Complex non-municipal solid waste landfill discharging facility AP post-closure plan approval,

A.R.S. §§ 49-241 through 49-251,

A.A.C. R18-9-101 through R18-9-A213.

21

125

Yes

A.A.C. R18-9-116,

Fee: R18-14-101 through R18-14-107,

Department application form required.

Historical Note

Table 14 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Table 15. Biohazardous Medical Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-Frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

License Category

ACR

TF

Days

SR

TF

Days

Subject

to

Sanctions

Application Components

 

1. Biohazardous medical waste plan approval of storage, treatment, or disposal facility with no public hearing. A.R.S. § 49-762.04, A.A.C. R18-13-1410(A)

 

32

 

62

 

Yes

 

A.A.C. R18-13-1410, R18-13-1411,

and R18-13-1412,

Fee: R18-13-701 through R18-13-703.

Initial fee required.

 

2. Biohazardous medical waste plan approval of storage, treatment, or disposal facility with a public hearing. A.R.S. § 49-762.04, A.A.C. R18-13-1410(A)

32

124

Yes

 

A.A.C. R18-13-1410, R18-13-1411,

and R18-13-1412,

Fee: R18-13-701 through R18-13-703.

Initial fee required.

3. Biohazardous medical waste transporter registration. A.R.S. § 49-761, A.A.C. R18-13-1409

32

0

No

A.A.C. R18-13-1409,

Department application form required.

4. Biohazardous medical waste facility plan amendment type III substantial change. A.R.S. § 49-762.06, A.A.C. R18-13-1413

21

41

Yes

A.A.C. R18-13-1413,

Fee: R18-13-701 through R18-13-703.

Initial fee required.

5. Biohazardous medical waste facility plan amendment type IV substantial change with no public hearing. A.R.S. § 49-762.06, A.A.C. R18-13-1413

21

41

Yes

A.A.C. R18-13-1413,

Fee: R18-13-701 through R18-13-703.

Initial fee required.

6. Biohazardous medical waste facility plan amendment type IV substantial change with a public hearing. A.R.S. § 49-762.06, A.A.C. R18-13-1413

21

62

Yes

A.A.C. R18-13-1413,

Fee: R18-13-701 through R18-13-703.

Initial fee required.

7. Biohazardous medical waste plan alternative treatment registration and approval. A.R.S. § 49-761, A.A.C. R18-13-1414

32

62

No

A.A.C. R18-13-1414,

Department application form required.

Historical Note

Table 15 made by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Table 16. Waste Tire, Lead Acid Battery, and Used Oil Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group I: Waste tire licenses:

 

 

 

 

 

 

 

 

 

1. Waste tire collection site registration,

A.R.S. § 44-1303.

11

21

No

A.R.S. § 44-1303,

Department application form required.

 

 

 

 

 

2. Mining off-road waste tire collection facility
license,

A.R.S. § 44-1304,

A.A.C. R18-13-1206.

32

62

No

A.R.S. § 44-1304.

 

 

 

 

 

Group II: Lead acid battery licenses:

 

 

 

 

 

 

 

 

 

3. Lead battery collection or recycling facility authorization,

A.R.S. § 44-1322(C).

32

62

No

A.R.S. § 44-1322(C),

Department application form required.

 

 

 

 

 

Group III: Used oil licenses:

 

 

 

 

 

 

 

 

 

4. Used oil collection center registration number,

A.R.S. § 49-802(C)(1).

11

21

No

A.R.S. § 49-802(C)(1).

 

 

 

 

 

 

Historical Note

Table 16 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 17. Hazardous Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group I: Resource Conservation and Recovery Act (RCRA) new and renewal licenses:

 

 

 

 

 

1. Hazardous waste container or tank permit with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

251

Yes

40 CFR §§ 270.10-270.16, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

2. Hazardous waste container or tank permit with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

293

Yes

40 CFR §§ 270.10-270.16, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

3. Hazardous waste surface impoundment permit with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR §§ 270.10-270.14, 270.17, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

4. Hazardous waste surface impoundment permit with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

418

Yes

40 CFR §§ 270.10-270.14, 270.17, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

5. Hazardous waste pile permit with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR §§ 270.10-270.14, and 270.18, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

6. Hazardous waste pile permit with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

418

Yes

40 CFR §§ 270.10-270.14, and 270.18, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

7. Hazardous waste incinerator or burning boiler and industrial furnace (BIF) permit with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

502

Yes

40 CFR §§ 270.10-270.14, 270.19, 270.22, 270.62, and 270.66, Fee: A.A.C. R18-8-270(G),

EPA 8700-23, Department application form, site inspection, and initial fee required.

 

 

 

 

 

8. Hazardous waste incinerator or burning boiler and industrial furnace (BIF) permit with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

544

Yes

40 CFR §§ 270.10-270.14, 270.19, 270.22, 270.62, and 270.66, EPA 8700-23,

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

9. Hazardous waste land treatment permit with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR §§ 270.10-270.14, and 270.20, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

10. Hazardous waste land treatment permit
with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

418

Yes

40 CFR §§ 270.10-270.14, and 270.20, EPA 8700-23, Fee: A.A.C. R18-8-270(G),
Department application form, site inspection, and initial fee required.

 

 

 

 

 

11. Hazardous waste landfill facility permit
with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

502

Yes

40 CFR §§ 270.10-270.14, and 270.21, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

Table 17 (Continued). Hazardous Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

Group I (Continued): Resource Conservation and Recovery Act (RCRA) new and renewal licenses:

 

 

 

 

 

12. Hazardous waste landfill facility permit
with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

544

Yes

40 CFR §§ 270.10-270.14, and 270.21, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

13. Hazardous waste miscellaneous unit permit with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR §§ 270.10-270.14, and 270.23, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

14. Hazardous waste miscellaneous unit permit with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

418

Yes

40 CFR §§ 270.10-270.14, and 270.23, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

15. Hazardous waste drip pad permit with no public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR §§ 270.10-270.14, 270.26, EPA 8700-23, Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

16. Hazardous waste drip pad permit with a public hearing,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

418

Yes

40 CFR §§ 270.10-270.14, 270.26, EPA 8700-23,

Department application form, site inspection, and initial fee required.

 

 

 

 

 

17. Hazardous waste emergency permit,

A.R.S. § 49-922,

A.A.C. R18-8-270.

10

84

Yes

40 CFR § 270.61, EPA 8700-23,

Fee: A.A.C. R18-8-270(G),

Department application form and site inspection required.

 

 

 

 

 

18. Hazardous waste land treatment demonstration using field test or laboratory analysis permit,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR § 270.63, EPA 8700-23,

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

19. Hazardous waste research, development,
and demonstration permit,

A.R.S. § 49-922,

A.A.C. R18-8-270(Q).

84

376

Yes

40 CFR § 270.65, EPA 8700-23,

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

20. Hazardous waste temporary authorization request approval,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

84

No

40 CFR § 270.42(e), EPA 8700-23,
Department application form and site inspection required.

 

 

 

 

 

Group II: Resource Conservation and Recovery Act (RCRA) modification licenses:

 

 

 

 

 

21. Hazardous waste permit transfer approval,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

125

Yes

40 CFR § 270.40,

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

22. Hazardous waste Class 1 permit modification,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

125

Yes

40 CFR § 270.42(a),

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

Table 17 (Continued). Hazardous Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

Group II (Continued): Resource Conservation and Recovery Act (RCRA) modification licenses:

 

 

 

 

 

23. Hazardous waste Class 2 permit modification,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR § 270.42(b),

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

24. Hazardous waste Class 3 incinerator,
BIF, or landfill permit modification,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

502

Yes

40 CFR § 270.42(c),

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

25. Hazardous waste Class 3 other permit modification,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

376

Yes

40 CFR § 270.42(c),

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

26. Hazardous waste permit modification classification request,

A.R.S. § 49-922,

A.A.C. R18-8-270.

84

125

Yes

40 CFR § 270.42(d),

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

 

 

 

 

 

Group III: Hazardous waste closure plan licenses:

 

 

 

 

 

27. Hazardous waste interim status facility partial closure plan approval,

A.R.S. § 49-922.

84

95

Yes

40 CFR §§ 264 Subpart G and 265 Subpart G,

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required

 

 

 

 

 

28. Hazardous waste interim status facility
final closure plan approval,

A.R.S. § 49-922.

84

95

Yes

40 CFR §§ 264 Subpart G and 265 Subpart G,

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required

 

 

 

 

 

29. Hazardous waste post-closure permit
with no public hearing,

A.R.S. § 49-922.

84

376

Yes

40 CFR § 270.1(c), 40 CFR § 270.28

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required

 

 

 

 

 

30. Hazardous waste post-closure permit
with a public hearing,

A.R.S. § 49-922.

84

418

Yes

40 CFR § 270.1(c), 40 CFR § 270.28

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required

 

 

 

 

 

31. Hazardous waste remedial action plan approval, A.R.S. § 49-922.

84

251

Yes

40 CFR § 270.68, 40 CFR § 270,
Subpart H,

Fee: A.A.C. R18-8-270(G),

Department application form, site inspection, and initial fee required.

Historical Note

Table 17 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 18. Underground Storage Tank Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group I: Underground Storage Tank (UST) technical requirement license.

 

 

 

 

 

1. UST temporary closure extension request approval,

A.R.S. § 49-1008,

A.A.C. R18-12-270.

42

84

No

A.A.C. R18-12-270(F)-(G),

Department application form required.

 

 

 

 

 

Group II: Underground Storage Tank (UST) service provider licenses.

 

 

 

 

 

2. UST installation and retrofit service provider certification, A.R.S. § 49-1082,

A.A.C. R18-12-803(1).

11

11

No

A.A.C. R18-12-806,

Department application form required.

 

 

 

 

 

3. UST tightness testing service provider certification, A.R.S. § 49-1082,

A.A.C. R18-12-803(2).

11

11

No

A.A.C. R18-12-806,

Department application form required.

 

 

 

 

 

4. UST cathodic protection testing service provider certification, A.R.S. § 49-1082,

A.A.C. R18-12-803(3).

11

11

No

A.A.C. R18-12-806,

Department application form required.

 

 

 

 

 

5. UST decommissioning service provider certification, A.R.S. § 49-1082,

A.A.C. R18-12-803(4).

11

11

No

A.A.C. R18-12-806,

Department application form required.

 

 

 

 

 

6. UST interior lining service provider certification, A.R.S. § 49-1082,

A.A.C. R18-12-803(5).

11

11

No

A.A.C. R18-12-806,

Department application form required.

 

 

 

 

 

 

Historical Note

Table 18 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 19. Repealed

Historical Note

Table 19 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 19-S. Repealed

Historical Note

Table 19-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 20. Voluntary Program Remediation Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

Group I: Voluntary program greenfields remediation license:

 

 

 

 

 

1. Voluntary program greenfields
notice-to-proceed (NTP) approval,

A.R.S. § 49-154(C).

5

5

No

A.R.S. § 49-154(C),

Department application form required.

 

 

 

 

 

Group II: Voluntary program brownfields remediation license:

 

 

 

 

 

2. Voluntary program brownfields certification,

Governor letter to EPA of August 29,
1997, concerning the "designation of the
Arizona Department of Environmental Quality as
A State Environmental Agency pursuant to
Section 198(c)(1)(C)" of the federal Taxpayer
Relief Act of 1997.

21

21

No

Section 198(c) of the Taxpayer Relief Act of 1997; 26 U.S.C. 198(c),

Department application form required.

 

 

 

 

 

Historical Note

Table 20 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

 

Table 21. Pollution Prevention Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

1. State agency hazardous waste generation level pre-approval,

A.R.S. § 49-972(C).

63

63

No

A.R.S. § 49-972(E).

 

 

 

 

 

Historical Note

Table 21 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

 

Table 22. Multi-Program Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

 

 

License Category

ACRTF

Days

SRTF

Days

Subject to

Sanctions

 

Application Components

 

 

 

 

 

1. Airport construction & expansion certificate (air & water),

A.R.S. § 49-104.

21

42

No

49 U.S.C. § 2208(7)(A).

 

 

 

 

 

Historical Note

Table 22 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).


Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

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Arizona Administrative Code