Waste Programs Division: Hazardous Waste Management: Permit Applications

To view the most updated information, visit our new website at http://www.azdeq.gov/hazardous-waste-permitting-application-forms-guidance

A hazardous waste permit application consists of two parts:

  • U.S. EPA Resource Conservation and Recovery Act (RCRA) Part A Application (Form 8700-23)
  • Part B of the application, which contains the following:
    • Description of the applicant's waste management procedures;
    • Waste analysis plan;
    • Procedures to respond to emergencies;
    • Plan to clean up the facility at the time of closure.

Specific requirements for the Part A and B application are described in the federal regulations at 40 CFR 270. In addition, a U.S. EPA identification number is required and a U.S. EPA Notification of Regulated Waste Activity Form (Form 8700-12) Leaving ADEQ Web site must be submitted.

Fees

The department's hazardous waste rules provide a process to recover expenses for processing hazardous waste permits and closure plans. These rules are authorized by A.R.S. § 49-922.B.5.

The department's fees are based on the time required to process the application and prepare the permit decision. The application fee due at the time of application submittal ranges from $1,000 to $20,000 depending on the type of permit application (see Table below).

Hazardous Waste Permitting
Application and Maximum Fees for Various License Types
License Type Application Fee Maximum
Fee
Permit for Container Storage / Container Treatment Facility $20,000 $250,000
Permit for Tanks Storage / Tank Treatment Facility $20,000 $300,000
Permit for Surface Impoundment Facility $20,000 $400,000
Permit for Incinerator / Boiler and Industrial Furnace (BIF) / Landfill /
Miscellaneous Unit Facility
$20,000 $500,000
Permit for Waste Pile / Land Treatment / Drip Pad / Containment Building /
Research, Development, and Demonstration Facility
$20,000 $300,000
Corrective Action Permit / Remedial Action Plan (RAP) Approval $20,000 $300,000
Post-Closure Permit $20,000 $400,000
Closure of Container / Tank / Drip Pad / Containment Building $5,000 / unit $100,000
Closure of Miscellaneous Unit / Incinerator / BIF / Surface Impoundment /
Waste Pile / Landfill / Land Treatment Unit
$5,000 / unit $300,000
Class 1 Permit Modification (requiring Director's Approval) $1,000 $50,000
Class 2 Modification $5,000 $250,000
Class 3 Modification (for Incinerator, BIF, Surface Impoundment, Waste Pile, Landfill /
Land Treatment Unit)
$20,000 $400,000
Class 3 Modification (all facilities except for Incinerator, BIF, Surface Impoundment, Waste Pile, Landfill / Land Treatment Unit) $10,000 $250,000

In addition to the application fee, the DEQ provides the applicant with itemized bills at least semiannually for the expenses associated with evaluating the application and processing the permit decision. The itemized bill includes:

  1. The dates of the billing period,
  2. The date and number of review hours performed during the billing period itemized by employee name and position type.
  3. A description of the review task performed, the specific facility and operational unit involved, and the hourly rate,
  4. The amounts of other expenses (see below) included in the bill,
  5. A summary of the total fees paid to date, total fees due for the billing period, the date the payment is due, and the maximum fee for the permit action.

Fees consist of processing charges and other expenses, including:

  1. Processing charges: The DEQ calculates the processing charges using a rate of $136.00 per hour, multiplied by the number of review hours used to evaluate the application and process the permit decision.


  2. Other expenses: Other expenses include those the DEQ determines are necessary for evaluating the application and processing the permit decision. These include:
    i. Per diem expenses,
    ii. Transportation costs,
    iii. Reproduction costs,
    iv. Laboratory analysis charges performed during the review of the permit action,
    v. Public notice advertising and mailing costs,
    vi. Presiding officer expenses (for public hearings on the permit action),
    vii. Court reporter expenses (for public hearings on the permit action),
    viii. Facility rentals (for public hearings on the permit action),
    ix. Other reasonable and necessary review-related expenses, documented in writing, and agreed to by the applicant.

See Arizona Administrative Code R18-8-270.G for specific application fee requirements.

Exemptions

The following may be exempt from hazardous waste permit requirements:

  • Farmers who dispose of pesticides for their own use, as long as they do so in compliance with certain conditions;
  • Conditionally Exempt Small Quantity Generators (CESQGs);
  • Operators who add absorbent material to the waste when it is first placed in a container;
  • Owners and operators who take immediate action to contain and treat a spill;
  • For more details on these and other exemptions, please contact us.

Application Forms and Guidance

Submit completed hazardous waste permit applications to:

Arizona Department of Environmental Quality
Permits and Plan Review Unit
1110 West Washington Street
Phoenix, Arizona 85007

An application must include the following:

Pursuant to A.R.S. § 41-1030:

  1. ADEQ shall not base a licensing decision, in whole or in part, on a requirement or condition not specifically authorized by statute or rule. General authority in a statute does not authorize a requirement or condition unless a rule is made pursuant to it that specifically authorizes the requirement or condition.
  2. Prohibited licensing decisions may be challenged in a private civil action. Relief may be awarded to the prevailing party against ADEQ, including reasonable attorney fees, damages, and all fees associated with the license application.
  3. ADEQ employees may not intentionally or knowingly violate the requirement for specific licensing authority. Violation is cause for disciplinary action or dismissal, pursuant to ADEQ’s adopted personnel policy. ADEQ employees are still afforded the immunity in A.R.S. §§ 12-821.01 and 12-820.02.

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