The full definition of a transfer facility appears in A.R.S. 49-701(51) and defines a “transfer facility” as follows:

• A site that any person owns, operates, or uses for rehandling or storage for 90 days or less of solid waste that was generated off-site for the primary purpose of transporting that solid waste.
• Facilities that include significant solid waste transfer activities that warrant regulation as a transfer facility.

Arizona statute specifies that transfer stations with a throughput greater than 180 cubic yards (cy) per day are subject to self-certification. Transfer facilities with a throughput of 180 cy or less are subject to Best Management Practices (BMP). ADEQ’s draft rule includes requirements for both self-certification and BMP transfer facilities.

ADEQ’s draft transfer facility rule exempts the following from regulation:

• A transfer facility, as defined in A.R.S. § 49-701, that is not a facility engaged in the transportation, handling, storage, and treatment of biohazardous medical waste as defined in R18-13-1401(4) or special waste as defined in A.R.S. § 49-851(A)(9).
• A material recovery facility where the incoming materials are primarily source separated recyclables.
• Community or neighborhood recycling bins, including drop boxes, roll off containers, and plastic containers used to collect residential, business, or governmental recyclable solid waste.
• Bins, drop boxes, roll off containers, or vehicles that have cumulative capacity of 20 cubic yards or less. 
• A temporary drop site location, i.e., a temporary or seasonal site receiving solid waste from vehicles other than those designed to compact solid waste and used primarily for rehandling or storage of a specified class or classes of solid waste for a determinate amount of time not to exceed 30 days per calendar year. Examples of a temporary drop site include holiday tree drop-off sites or temporary household hazardous waste event sites.

A municipality’s HHW program is not within the scope of these rules; however, this rule could  impact the facilities where HHW is being collected. HHW is a solid waste, and facilities (municipal or non-municipal) that handle solid waste for the primary purpose of transportation for less than 90 days are considered transfer facilities; however, the draft rule exempts facilities with a capacity of 20 cy or less and seasonal or temporary drop-site locations. Permanent HHW facilities are transfer facilities regulated as either BMP or self-certification facilities depending on their throughput. These exemptions can be found at R18-13-402 and R18-13-502 of the proposed rules.

If it transports waste off-site, it must be registered as a transfer facility.

A mixed waste processing facility (i.e., dirty MRF) at a landfill site is considered part of the landfill operations and is not required to be registered separately as a transfer facility. If it transports waste off-site, it must be registered as a transfer facility.

Material recovery facility accepting source-separated recyclables and recycling facilities are not covered under this rule.

Source-separated recyclables are separated from regular trash or separated by type (e.g., paper, plastic, etc.) prior to collection.

Vegetative (green) waste is included in the 180 cy/day calculation.

Arizona statute specifies that transfer stations with a throughput of greater than 180 cubic yards (cy) per day are subject to self-certification. Transfer facilities with a throughput of 180 cy or less are subject to Best Management Practices. There are several specific exemptions as described above. No “minimum tonnage" is specified in statute or the draft rule.

Any tipping pads or drop-off areas for public use located at landfills for waste being disposed of at that landfill are considered part of the landfill operation and are not required to be registered separately as a transfer station. If the waste is being transported offsite, the facility must be registered as a transfer station.

This rule does not impact which transfer facilities can accept sludge. However, it includes standards that may impact how the transfer facility is designed and operated.

ADEQ does not have a conversion chart. Conversion depends on density, as one measurement reflects volume and the other reflects weight. 

Yes, the FA mechanism (bond, local government test, etc.) for landfills and transfer stations can be combined, but the cost estimates should be itemized separately.

Yes, the FA mechanism (bond, local government test, etc.) for landfills and transfer stations can be combined, but the cost estimates should be itemized separately.

For closure cost estimates, yes. The closure cost estimate must be updated and submitted every three years for transfer stations. For other FA documentation, the cycle will depend on the mechanism and whether changes are made to the mechanism or coverage.

FA documentation must also be resubmitted during annual registration if there are any changes to the selected mechanism, its coverage amount, or if the coverage period of the prior mechanism expired (e.g., a renewed insurance policy). Owners and operators must maintain up-to-date documentation in their facility records at all times.

ADEQ is proposing to use the same ratio requirements for the Local Government Financial Test at A.A.C. R18-17-1704(8) that the U.S. Environmental Protection Agency (EPA) specifies in 40 CFR 258.74(f) for municipal solid waste (MSW) landfills. This provides consistency for cities and counties that wish to combine their transfer station and landfill FA demonstrations.

The requirement for local government tests to be submitted within 180 days after the end of the fiscal year is part of U.S. Environmental Protection Agency's (EPA's) regulation for FA at municipal landfills. ADEQ has included this requirement in the proposed rule at R18-13-1704(8). ADEQ is required by statute to use EPA’s rules for municipal landfills as part of our program, and hence, does not have the flexibility to modify this requirement. The agency will work with facility owners and operators to assist in meeting the new FA requirements.

The requirement for local government tests to be submitted within 180 days after the end of the fiscal year is part of U.S. Environmental Protection Agency's (EPA's) regulation for FA at municipal landfills. ADEQ has included this requirement in the proposed rule at R18-13-1704(8). ADEQ is required by statute to use EPA’s rules for municipal landfills as part of our program, and hence, does not have the flexibility to modify this requirement. The agency will work with facility owners and operators to assist in meeting the new FA requirements.

No.

No, a website link or QR code (absent other information) would not suffice.The intent of the rule is to have information clearly accessible to customers. A QR code or website link could be in addition to the posted information, but should not be in replacement of it.

The proposed rules do not alter how these scenarios are currently handled.

The ADEQ Solid Waste Unit is available to assist with registration of transfer facilities. You can contact the unit | Email >

Submit a notification to ADEQ in accordance with A.R.S. 49-762.07.

Not at this time. myDEQ will not be used in the immediate future for transfer facility registration.

ADEQ will provide compliance assistance and resources.

The rules do not apply to municipalities that do not own or operate transfer facilities.

We do not anticipate any of the changes to the rule to require substantial capital investment in order to maintain compliance, and as a result do not anticipate significant increases in costs.

No.

Biohazardous Medical Waste (BMW) is not a component of this rulemaking. BMW facilities are subject to separate rules. Specifically, A.A.C. R18-13-1409(I)(5) does not allow a transporter to transfer the BMW to another vehicle at a facility other than at a facility approved by ADEQ through the solid waste facility plan approval process.

This consideration is outside of the scope of this rule.

The deadline will be 30 days from the beginning of the public comment period. A formal public announcement will be made via email and the ADEQ website when this occurs.

The rule will allow for 180 days after the effective date of the rule for existing facilities to implement the requirements. We anticipate the effective date to occur in late 2026 and will be posted to ADEQ’s website | View Rulemaking Page >

No, there are no grant options at this time.