Ariz. Admin. Code § 18-16-301

Current through Register Vol. 30, No. 49, December 6, 2024

Section R18-16-301 - Public Notification and Opportunities for Public Comment

A. If notification by publication in a newspaper is required by A.R.S. Title 49, Chapter 2, Article 5 or by any community involvement plan created under A.R.S. § 49-287.03 and A.R.S. Title 49, Chapter 2, Article 5 does not specify the frequency of the notification, the Department or person publishing notice shall publish notice according to the following minimum requirements:

1. One day in a daily newspaper of general circulation in the county where the site is located; or

2. If other than a daily newspaper, two days in a newspaper of general circulation in the county where the site is located.

B. If notification by direct mail is required by A.R.S. Title 49, Chapter 2, Article 5 or by any community involvement plan created under A.R.S. § 49-287.03 and A.R.S. Title 49, Chapter 2, Article 5 does not specify the form of the mailing, the Department or person providing the notification shall provide the notification according to the following requirements:

1. By bulk or first-class mailing; or

2. If the bulk or first-class mailing would cause unreasonable delay in receiving time-sensitive materials, the Department or person shall provide the notification in a manner sufficient to timely reach those who may be impacted.

C. If an opportunity for public comment is required by A.R.S. Title 49, Chapter 2, Article 5 or by any community involvement plan under § A.R.S. 49-287.03 and A.R.S. Title 49, Chapter 2, Article 5 does not specify the duration during which the public may comment, the Department or person providing the opportunity for public comment shall provide at least 30 calendar days for public comment.

D. The requirements of this Section shall not prevent or delay a timely remedial action that the Director has determined is necessary to address the release or threat of release of a hazardous substance that may present an immediate danger to public health, welfare, or the environment.

Ariz. Admin. Code § R18-16-301

New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).