49-290.01. Applicability of requirements; Arizona department of water resources

A. Notwithstanding section 49-290, any person conducting a remedial action shall obtain and comply with applicable permits, approvals or other authorizations required by the department of water resources. On consultation with the director of environmental quality, the director of water resources may waive its applicable permits, approvals or authorizations if the director of water resources determines that the permit, approval or other authorization unreasonably limits the completion of a remedial action and if the waiver does not conflict with the statutory intent of the permit, approval or other authorization. The department of water resources shall expedite the processing and issuance of permits, approvals or authorizations to facilitate the prompt conduct of approved remedial actions. If the department of water resources fails to issue or deny a permit within one hundred twenty days of the date of receipt of a complete application for a permit, approval or authorization required for the remedial action or subsequent implementing work plan approved by the department, the department may authorize the party conducting the approved remedial action to proceed with that action and that person shall not be subject to any penalties for failure to obtain the permit, approval or authorization from the department of water resources, but shall be required to comply with the substantive requirements of such permit, approval or authorization. The determination of whether an application for a permit is complete shall be made by the department of water resources. The person conducting the approved remedial action who uses groundwater withdrawn in an active management area as part of an approved remedial action shall continue to pay the groundwater withdrawal fee for the groundwater the person withdrew and used or received and used.

B. The director of environmental quality and the director of water resources shall enter into a memorandum of understanding which establishes a procedure for expediting the review and issuance of permits issued under title 45 when the director of environmental quality has made a determination that a delay in the issuance of a permit required by title 45 will result in the continuance of an imminent and substantial endangerment to the public health or welfare or the environment.

C. The director of environmental quality and the director of water resources shall coordinate their efforts to expedite remedial actions, including obtaining information pertinent to site investigations, remedial investigations, site management and beneficial use of remediated water.

D. The director of water resources may waive any regulatory requirement adopted pursuant to title 45 with respect to a site or portion of a site as part of a record of decision adopted pursuant to section 49-287.04 for that site or portion of a site if the regulatory requirement conflicts with the implementation of the selected remedy, provided that the waiver does not result in adverse impacts to other land and water users. No waiver may be granted under this subsection if it is prohibited by federal law or if the waiver would jeopardize the continued delegation to the state of authority to implement a federal environmental program.