R18-16-414. Determination of No Further Action

A. The Department shall determine that no further action is necessary at a site or a portion of a site if, based upon the information submitted under A.R.S. § 49-287.01, the Department finds that the site or portion of the site does not present a significant risk to the public health, welfare, or the environment. The determination may be made by the Department based upon any of the following: 1. A finding by the Department that the requirements of A.R.S. § 49-152 and 18 A.A.C. 7, Article 2 have been met shall be sufficient to support a determination that no further action is necessary for soils at the site or a portion of the site. 2. A finding by the Department that no hazardous substances at the site or a portion of the site have impacted or will impact groundwater shall be sufficient to support a determination that the site or a portion of the site does not present a significant risk to groundwater. 3. The determination of no further action for waters of the state at a site or a portion of the site may be made by the Department based upon any of the following: a. A finding that the site or portion of a site has been remediated under a Title 49 program other than A.R.S. Title 49, Chapter 2, Article 5. b. A finding that the release of a hazardous substance does not and will not exceed water quality standards in Title 18, Chapter 11 or if there is no water quality standard, a risk level approved by the Department to protect public health, welfare, and the environment. c. A finding that there is no current or reasonably foreseeable use of water that would be impaired by the release, as determined by information collected under R18-16-406. B. A determination of no further action for a site or a portion of a site shall be published in the registry. C. If the remedial action for which a no further action determination is sought under this Section has not been previously approved by the Department, the submittal under subsection (A) may be accompanied by a request for approval of the remedial action under R18-16-413.