2005 Arizona Revised Statutes - Revised Statutes §49-155  Greenfields pilot program; audit

(Rpld. 1/1/08)

A. The department of environmental quality shall annually audit not less than twenty-five per cent of the sites remediated under the greenfields pilot program. If the department conducts an audit of a site pursuant to this section, it shall do so within one hundred eighty days from the date the department receives a document of no further action for that site. The audit sites shall not be chosen at random but shall be selected to provide information and verification on differing types of sites and levels of remediation, and the chosen sites may be based on written requests made by individuals, community groups or neighborhood associations. An audit may be undertaken concurrently with the remediation of the site.

B. An audit shall include at least a review of the document of no further action and any supporting documentation provided by the remediation specialist. A site that has participated in the greenfields pilot program may receive an expedited audit by the department of environmental quality if the remediation conducted by the certified remediation specialist is consistent with substantive policy statements containing guidance for remediations that are issued by this state. The audit may also include a field inspection and soil sampling. Any audit shall be reviewed and signed by a department employee who shall supervise the audit work and who shall be a remediation specialist certified pursuant to section 32-131.

C. The department of environmental quality may hire independent consultants to perform audits, but any independent consultant hired shall be required to sign the audit and shall be a remediation specialist certified pursuant to section 32-131.

D. If within one hundred eighty days after the department of environmental quality receives a document of no further action for that site and determines that remediation has not been performed in accordance with the signed and sealed document of no further action and required submittals, the department may revoke the document of no further action and shall record a notice of revocation. The department of environmental quality may notify the board of technical registration of the deficiencies in the remediation that was certified by the remediation specialist and the board shall take action against that remediation specialist pursuant to section 32-128.