R18-5-116. Initial Grading and Regrading of Facilities

A. If it is determining the initial grade of a facility or whether to regrade a facility, the Department shall consider the facility characteristics in R18-5-114 and R18-5-115, and whether: 1. The facility has special design features or characteristics that make it unusually difficult to operate; 2. The water or wastewater is unusually difficult to treat; 3. The facility uses effluent; or 4. The facility poses a potential risk to public health, safety or welfare. B. The owner of a facility that is regraded under this Article shall ensure that the facility is operated by an operator, in compliance with this Article, no later than one year from the effective date of the facility regrading.