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Arizona Gray Water Regulations

This document contains the three tiers of the Arizona Gray Water regulations, as copied from the official web site in September 2002. The advantage is that the three tiers do not appear together and are not all specifically labeled as gray water regulations, so it is confusing to figure out which sections apply. I received help from Greg Brown, manager of the AZ engineering approvals unit to figure out which sections were relevant. Notes with highlight are comments from Oasis design and are not part of the original.

A type 1 general permit provides authorization to discharge, without the need to obtain project specific permission for projects up to 400 gpd for systems which meet requirements. Could be multifamily if flow is small enough.

Type 2 permit is reclaimed water, drywells, mining water...etc.

Type 3 permit is for larger gray water systems up to 3,000 gpd. Have to obtain authorization to discharge via project specific permit. Notice of intent to discharge, renew each 5 years. (type 4 is conventional septic system) Individual consideration of systems over 3000 gpd. Individual aquifer protection permit, DEQ can put in any conditions they like. If you treat water to class A or A+ standards, then reclaimed water rules apply and many kinds of reuse are possible with relatively little restriction. DEQ takes hands off on proscribing design, have to meet performance requirements only; this is the right way to do it.

On this page

Contents listing of all of Title 18
Tier 1 Arizona Gray Water Law–Applies to systems under 400 gpd which meet requirements
Tier 2 Arizona Gray Water Law–Systems of 400 to 3000 gpd, or which don't meet conditions for Tier 1 general permit
Tier 3 Arizona Gray Water Law–Systems Over 3000 gallons a day
Composting toilet, kitchen greywater system, and greywater system (no septic) law

TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 9. DEPARTMENT OF ENVIRONMENTAL QUALITY
WATER POLLUTION CONTROL

ARTICLE 7. DIRECT REUSE OF RECLAIMED WATER

Article 4 consisting of Sections R9-20-401 through R9-20-407 renumbered as Article 7, Sections R18-9-701 through R18-9-707 (Supp. 87-3).

Article 4 consisting of Sections R9-20-401 through R9-20-407 adopted effective May 24, 1985.

Former Article 4 consisting of Sections R9-20-401 through R9-20-408 repealed effective May 24, 1985.

Section:

R18-9-701. Definitions

"Graywater" means wastewater that originates from residential clothes washers, bathtubs, showers, and sinks, but does not include wastewater from kitchen sinks, dishwashers and toilets.

R18-9-702. Applicability and Standards for Reclaimed Water Classes

R18-9-703. Transition of Permits

R18-9-704. General Requirements

R18-9-705. Reclaimed Water Individual Permit Application

R18-9-706. Reclaimed Water Individual Permit General Provisions

R18-9-707. Reclaimed Water Individual Permit Where Industrial Wastewater Influences the Characteristics of Reclaimed Water

R18-9-708. Reusing Reclaimed Water Under a General Permit

R18-9-709. Reclaimed Water General Permit Renewal and Transfer

R18-9-710. Reclaimed Water General Permit Revocation

R18-9-711. Type 1 Reclaimed Water General Permit for Gray Water

R18-9-712. Type 2 Reclaimed Water General Permit for Direct Reuse of Class A+ Reclaimed Water

R18-9-713. Type 2 Reclaimed Water General Permit for Direct Reuse of Class A Reclaimed Water

R18-9-714. Type 2 Reclaimed Water General Permit for Direct Reuse of Class B+ Reclaimed Water

R18-9-716. Type 2 Reclaimed Water General Permit for Direct Reuse of Class C Reclaimed Water

R18-9-717. Type 3 Reclaimed Water General Permit for a Reclaimed Water Blending Facility

R18-9-718. Type 3 Reclaimed Water General Permit for a Reclaimed Water Agent

R18-9-720. Enforcement and Penalties

Contents listing of all of Title 18

Tier 1 Arizona Gray Water Law–Applies to systems under 400 gpd which meet requirements below

ARTICLE 7. DIRECT REUSE OF RECLAIMED WATER

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1).

R18-9-711. Type 1 Reclaimed Water General Permit for Gray Water

A. A Type 1 Reclaimed Water General Permit allows private residential direct reuse of gray water for a flow of less than 400 gallons per day if all the following conditions are met:

1. Human contact with gray water and soil irrigated by gray water is avoided;

2. Gray water originating from the residence is used and contained within the property boundary for household gardening, composting, lawn watering, or landscape irrigation;

3. Surface application of gray water is not used for irrigation of food plants, except for citrus and nut trees;

4. The gray water does not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo labs or similar hobbyist or home occupational activities;

5. The application of gray water is managed to minimize standing water on the surface;

6. The gray water system is constructed so that if blockage, plugging, or backup of the system occurs, gray water can be directed into the sewage collection system or onsite wastewater treatment and disposal system, as applicable. The gray water system may include a means of filtration to reduce plugging and extend system lifetime;

7. Any gray water storage tank is covered to restrict access and to eliminate habitat for mosquitoes or other vectors;

8. The gray water system is sited outside of a floodway;

9. The gray water system is operated to maintain a minimum vertical separation distance of at least five feet from the point of gray water application to the top of the seasonally high groundwater table;

10. For residences using an onsite wastewater treatment facility for black water treatment and disposal, the use of a gray water system does not change the design, capacity, or reserve area requirements for the onsite wastewater treatment facility at the residence, and ensures that the facility can handle the combined black water and gray water flow if the gray water system fails or is not fully used;

11. Any pressure piping used in a gray water system that may be susceptible to cross connection with a potable water system clearly indicates that the piping does not carry potable water;

12. Gray water applied by surface irrigation does not contain water used to wash diapers or similarly soiled or infectious garments unless the gray water is disinfected before irrigation; and

13. Surface irrigation by gray water is only by flood or drip irrigation.

B. Prohibitions. The following are prohibited:

1. Gray water use for purposes other than irrigation, and

2. Spray irrigation.

C. Towns, cities, or counties may further limit the use of gray water described in this Section by rule or ordinance.

Tier 2 Arizona Gray Water Law–Systems of 400 to 3000 gpd, or which don't meet conditions for Tier 1 general permit

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1).

R18-9-719. Type 3 Reclaimed Water General Permit for Gray Water

A. A Type 3 Reclaimed Water General Permit allows a gray water irrigation system if:

1. The general permit described in R18-9-711 does not apply,

2. The flow is not more than 3000 gallons per day, and

3. The gray water system satisfies the notification, design, and installation requirements specified in subsection (C).

B. A person shall file a Notice of Intent to Operate a Gray Water Irrigation System with the Department at least 90 days before the date the proposed activity will start. The Notice of Intent to Operate shall include:

1. The name, address, and telephone number of the applicant;

2. The social security number of the applicant, if the applicant is an individual;

3. A legal description of the direct reuse site, including latitude and longitude coordinates;

4. The design plans for the gray water irrigation system;

5. A signature on the Notice of Intent to Operate certifying that the applicant agrees to comply with the requirements of this Article and the terms of this Reclaimed Water General Permit; and

6. The applicable permit fee specified under 18 A.A.C. 14.

C. The following technical requirements apply to the design and installation of a gray water irrigation system allowed under this Reclaimed Water General Permit:

1. Design of the gray water irrigation system shall meet the onsite wastewater treatment facility requirements under R18-9-A312(C), (D)(1), (D)(2), (E)(1), (G), and R18-9-E302(C)(1), except the septic tank specified in R18-9-E302(C)(1) is not required if pretreatment of gray water is not necessary for the intended application;

2. Design of the dispersal trenches for the gray water irrigation system shall meet the onsite wastewater treatment facility requirements for shallow trenches specified in R18-9-E302(C)(2);

3. The depth of the gray water dispersal trenches shall be appropriate for the intended irrigation use but not more than 5 feet below the finished grade of the native soil; and

4. The void space volume of the aggregate fill in the gray water dispersal trench below the bottom of the distribution pipe shall have enough capacity to contain two days of gray water at the design flow.

D. The Department may review design plans and details and accept a gray water irrigation system that differs from the requirements specified in subsection (C) if the system provides equivalent performance and protection of human health and water quality.

Tier 3 Arizona Gray Water Law–Systems Over 3000 gallons a day

ARTICLE 1. AQUIFER PROTECTION PERMITS - GENERAL PROVISIONS

R18-9-101. Definitions

In addition to the definitions established in A.R.S. § 49-201, the following terms apply to Articles 1, 2, and 3 of this Chapter:

1. "Aggregate" means a clean graded hard rock, volcanic rock, or gravel of uniform size, 3/4 inch to 2 1/2 inches in diameter, offering 30% or more void space, washed or prepared to be free of fine materials that will impair absorption surface performance, and has a hardness value of three or greater on the Moh’s Scale of Hardness (can scratch a copper penny).

2. "Alert level" means a numeric value, expressing a concentration of a pollutant or a physical or chemical property of a pollutant, that is established in an individual permit and serves as an early warning indicating a potential violation of an Aquifer Water Quality Standard at the applicable point of compliance or a permit condition.

3. "Aquifer Protection Permit" means an individual or general permit issued under A.R.S. §§ 49-203, 49-241 through 49-252, and Articles 1, 2, and 3 of this Chapter.

4. "Aquifer Water Quality Standard" means a standard established under A.R.S. §§ 49-221 and 49-223.

5. "BADCT" means the best available demonstrated control technology, process, operating method, or other alternative to achieve the greatest degree of discharge reduction determined for a facility by the Director under A.R.S. § 49-243.

6. "Daily flow rate" means the average daily flow calculated for the month that has the highest total flow during a calendar year.

7 "Design capacity" means the volume of a containment feature at a discharging facility that accommodates all permitted flows and meets all Aquifer Protection Permit conditions, including allowances for appropriate peaking and safety factors to ensure sustained reliable operation.

8. "Design flow" means the daily flow rate a facility is designed to accommodate on a sustained basis while satisfying all permit discharge limitations and treatment and operational requirements. The design flow incorporates peaking and safety factors to ensure sustained, reliable operation.

9. "Direct reuse site" means an area where reclaimed water is applied or impounded.

10. "Disposal works" means the system for disposing of treated wastewater generated by the treatment works of a sewage treatment facility or onsite wastewater treatment facility, by surface or subsurface methods.

11. "Drywell" means a well which is a bored, drilled or driven shaft or hole whose depth is greater than its width and is designed and constructed specifically for the disposal of storm water. Drywells do not include class 1, class 2, class 3 or class 4 injection wells as defined by the Federal Underground Injection Control Program (P.L. 93-523, part C), as amended. A.R.S. § 49-331(3)

12. "Final permit determination" means a written notification to the applicant of the Director’s final decision whether to issue or deny an Aquifer Protection Permit.

13. "Groundwater Quality Protection Permit" means a permit issued by the Arizona Department of Health Services or the Department. before September 27, 1989 that regulates the discharge of pollutants that may affect groundwater.

14. "Injection well" means a well that receives a discharge through pressure injection or gravity flow.

15. "Intermediate stockpile" means an accumulation of in-process material not intended for long term storage and in transit from one process to another at the mining site. Intermediate stockpile does not include metallic ore concentrate stockpiles or feedstocks not originating at the mining site.

16. "Mining site" means a site assigned one or more of the following primary Standard Industrial Classification Codes: 10, 12, 14, 32, and 33, and includes noncontiguous properties owned or operated by the same person and connected by a right-of-way controlled by that person to which the public is not allowed access.

17. "Notice of Disposal" means a document submitted to the Arizona Department of Health Services or the Department before September 27, 1989, giving notification of the discharge of pollutants that may affect groundwater.

18. "Onsite wastewater treatment facility" means a conventional septic tank system or alternative system installed at a site to treat and dispose of wastewater, predominantly of human origin, generated at that site. An onsite wastewater treatment facility does not include a pre-fabricated, manufactured treatment works that typically uses an activated sludge unit process and has a design flow of 3000 gallons per day or more.

19. "Operational life" means the designed or planned useful period during which a facility remains operational while continuing to be subject to permit conditions, including closure requirements. Operational life does not include post closure activities.

20. "Pilot project" means a short term, limited scale test designed to gain information regarding site conditions, project feasibility, or application of a new technology.

21. "Process solution" means a pregnant leach solution, barren solution, raffinate, and other solutions uniquely associated with the mining or metals recovery process.

22. "Residential soil remediation level" means the applicable predetermined standard established in 18 A.A.C. 7, Article 2, Appendix A.

23. "Setback" means a minimum horizontal distance maintained between a feature of a discharging facility and a potential point of impact.

24. "Sewage" means untreated wastes from toilets, baths, sinks, lavatories, laundries, and other plumbing fixtures in places of human habitation, employment, or recreation.

25. "Sewage collection system" means a system of pipelines, conduits, manholes, pumping stations, force mains, and all other structures, devices, and appurtenances that collect, contain, and conduct sewage from its sources to the entry of a sewage treatment facility or onsite wastewater treatment facility serving sources other than a single residence.

26. "Sewage treatment facility" means a plant or system for sewage treatment and disposal, except an onsite wastewater treatment facility, that consists of treatment works, disposal works, and appurtenant pipelines, conduits, pumping stations, and related subsystems and devices.

27. "Surface impoundment" means a pit, pond, or lagoon with a surface dimension equal to or greater than its depth, and used for the storage, holding, settling, treatment, or discharge of liquid pollutants or pollutants containing free liquids.

28. "Tracer" means a substance, such as a dye or other chemical, used to change the characteristic of water or some other fluid to detect movement.

29. "Tracer study" means a test conducted using a tracer to measure the flow velocity, hydraulic conductivity, flow direction, hydrodynamic dispersion, partitioning coefficient, or other property of a hydrologic system.

30. "Typical sewage" means sewage in which the total suspended solids (TSS) content does not exceed 430 mg/l, the five-day biochemical oxygen demand (BOD) does not exceed 380 mg/l, and the content of fats, oils, and greases (FOG) does not exceed 75 mg/l.

31. "Underground storage facility" means a constructed underground storage facility or a managed underground storage facility. A.R.S. § 45-802.01(20).

32. "Waters of the United States" means:

a. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;

b. All interstate waters, including interstate wetlands;

c. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any waters:

i. That are or could be used by interstate or foreign travelers for recreational or other purposes;

ii. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

iii. That are used or could be used for industrial purposes by industries in interstate commerce;

d. All impoundments of waters defined as waters of the United States under this definition;

e. Tributaries of waters identified in subsections (32)(a) through (d);

f. The territorial sea; and

g. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (32)(a) through (f).

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-102. Facilities to which Articles 1, 2, and 3 Do Not Apply

Articles 1, 2, and 3 do not apply to:

1. A drywell used solely to receive storm runoff and located so that no use, storage, loading, or treating of hazardous substances occurs in the drainage area;

2. A direct pesticide application in the commercial production of plants and animals subject to the Federal Insecticide, Fungicide, and Rodenticide Act (P.L. 92-516; 86 Stat. 975; 7 United States Code 135 et seq., as amended), or A.R.S. §§ 49-301 through 49-309 and applicable rules, or A.R.S. Title 3, Chapter 2, Article 6 and applicable rules.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-103. Class Exemptions

Class exemptions. In addition to the classes or categories of facilities listed in A.R.S. § 49-250(B), the following classes or categories of facilities are exempt from the Aquifer Protection Permit requirements of Articles 1, 2, and 3 of this Chapter.

1. Facilities that treat, store, or dispose of hazardous waste and have been issued a permit or have interim status, under the Resource Conservation and Recovery Act (P.L. 94-580; 90 Stat. 2796; 42 U.S.C. 6901 et seq., as amended), or have been issued a permit according to the hazardous waste management rules adopted under A.R.S. § 49-922;

2. Underground storage tanks that contain a regulated substance as defined in A.R.S. § 49-1001;

3. Facilities for the disposal of solid waste, as defined in A.R.S. § 49-701.01, that are located in unincorporated areas and receive solid waste from four or fewer households;

4. Land application of biosolids in compliance with 18 A.A.C. 13, Article 15.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-104. Transition from Notices of Disposal and Groundwater Quality Protection Permitted Facilities

A. A person who filed a Notice of Disposal or received a Groundwater Quality Protection Permit shall notify the Department before any cessation. The Director shall specify any measure to be taken by the person to prevent a violation of an Aquifer Water Quality Standard at the point of compliance, determined by the criteria established in A.R.S. § 49-244.

B. A person who owns or operated a facility, for which a Notice of Disposal was filed or a Groundwater Quality Protection Permit was issued, or who owns or operates a facility required to obtain an Aquifer Protection Permit shall, within 90 days from the date on the Director’s notification, submit an application for an Aquifer Protection Permit or a closure plan as specified under A.R.S. § 49-252.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-105. Continuance and Transition of Permits

A. Continuance.

1. Groundwater Quality Protection Permits.

a. Subject to the other provisions of this Section, a Groundwater Quality Protection Permit issued before September 27, 1989 is valid according to the terms of the permit.

b. A person who owns or operates a facility to which a Groundwater Quality Protection Permit was issued is in compliance with Articles 1, 2, and 3 of this Chapter and A.R.S. Title 49, Chapter 2, Article 3, if the person:

i. Meets the conditions of the Groundwater Quality Protection Permit; and

ii. Is not causing or contributing to the violation of any Aquifer Water Quality Standard at a point of compliance, determined by the criteria in A.R.S. § 49-244.

2. Notice of Disposal. A person who owns or operates a facility for which a Notice of Disposal was filed before September 27, 1989 complies with Articles 1, 2, and 3 of this Chapter and A.R.S. Title 49, Chapter 2, Article 3 if the facility is not causing or contributing to the violation of an Aquifer Water Quality Standard at a point of compliance, determined by the criteria in A.R.S. § 49-244.

3. Aquifer Protection Permit application submittal. A person who did not file a Notice of Disposal and does not possess a Groundwater Quality Protection Permit or an Aquifer Protection Permit for an existing facility, but submitted the information required in applicable rules before December 27, 1989, is in compliance with Articles 1, 2, and 3 of this Chapter only if the person submitted an Aquifer Protection Permit application to the Department before January 1, 2001.

B. Applicability. Subsection (A) applies until the Director:

1. Issues an Aquifer Protection Permit for the facility,

2. Denies an Aquifer Protection Permit for the facility, or

3. Issues a letter of clean closure approval for the facility under A.R.S. § 49-252.

C. Transition.

1. From individual permit to general permit.

a. To qualify for a general permit established in Article 3, an owner or operator of a facility who applied for or was issued an individual permit before January 1, 2001, or who operates a facility described in subsection (A) shall submit the information required by Article 3 and adhere to all applicable general permit conditions.

b. The facility’s individual permit is valid and enforceable until the date the Department receives Notification of Intent to Discharge, or until the date the Director issues a written Verification of General Permit Conformance, if required.

c. If the Director does not provide the required verification, the facility’s individual permit remains valid and enforceable until its stated date of expiration, if any.

2. Approvals to Construct.

a. Any Approval to Construct a sewerage system issued under 18 A.A.C. 9, Article 8 before January 1, 2001 is valid until its stated date of expiration.

b. The Department shall accept the Approval to Construct instead of the design report requirements specified in R18-9-B202(A) if the individual permit application is in process on January 1, 2001.

c. The Director shall provide a Verification of General Permit Conformance under R18-9-A301(D), for an onsite wastewater treatment facility with a flow of less than 20,000 gallons per day if the facility is constructed according to the specifications in the Approval to Construct.

D. Monitoring. The Director may amend an individual permit to incorporate monitoring requirements to ensure that reclaimed water quality standards developed under A.R.S. § 49-221(E) are met.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Amended effective November 12, 1996 (Supp. 96-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-106. Determination of Applicability

A. A person who engages or who intends to engage in an operation or an activity that may result in a discharge regulated under Articles 1, 2, and 3 of this Chapter may submit a request on a form provided by the Department that the Department determine the applicability of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter to the operation or activity.

B. A person requesting a determination of applicability shall provide the following information:

1. The name of the operation or activity;

2. The location of the operation or activity;

3. The names of the persons who are engaging or who propose to engage in the operation or activity:

4. A description of the operation or activity;

5. A description of the volume, chemical composition, and characteristics of materials stored, handled, used, or disposed of in the operation or activity; and

6. Any other information required by the Director to make the determination of applicability.

C. Within 45 days after receipt of a request for a determination of applicability, the Director shall notify in writing the person making the request that the operation or activity:

1. Is not subject to the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or facility does not discharge as described under A.R.S. § 49-241;

2. Is not subject to the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or activity is exempted by A.R.S. § 49-250 or R18-9-103;

3. Is eligible for a general permit under A.R.S. §§ 49-245.01, 49-245.02 or 49-247 or Article 3 of this Chapter, specifying the particular general permit that applies, provided the person meets the conditions of the general permit; or

4. Is subject to the permit requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter.

D. If, after issuing a determination of applicability under this Section, the Department concludes that its determination or the information relied upon for a determination is inaccurate, the Department may modify or withdraw its determination upon written notice to the person who requested the determination of applicability.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-107. Consolidation of Aquifer Protection Permits

A. The Director may consolidate any number of individual or general permits into a single individual permit, if:

1. The facilities are part of the same project or operation and are located in a contiguous geographic area, or

2. The facilities are part of an area under the jurisdiction of a single political subdivision.

B. All applicable individual permit requirements established in Articles 1 and 2 of this Chapter apply to the consolidation of Aquifer Protection Permits.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-108. Public Notice

A. Individual permits.

1. The Department shall provide the entities specified in subsection (A)(2), monthly written notification of the following:

a. Individual permit applications,

b. Temporary permit applications,

c. Preliminary and final decisions by the Director whether to issue or deny an individual or temporary permit,

d. Closure plans received under R18-9-A209(B),

e. Significant permit amendments and "other" permit amendments,

f. Permit revocations, and

g. Clean closure approvals.

2. Entities.

a. Each county department of health, environmental services, or comparable department;

b. An affected federal, state, local agency, or council of government; and

c. A person who requested, in writing, notification of the activities described in subsection (A).

3. The Department may post the information referenced in subsections (A)(1) and (A)(2) on the Department web site: www.adeq.state.az.us.

B. General permits. Public notice requirements do not apply.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-109. Public Participation

A. Notice of Preliminary Decision.

1. The Department shall publish a Notice of Preliminary Decision regarding the issuance or denial of a significant permit amendment or a final permit determination in one or more newspapers of general circulation where the facility is located.

2. The Department shall accept written comments from the public before a significant permit amendment or a final permit determination is made.

3. The written public comment period begins on the publication date of the Notice of Preliminary Decision and extends for 30 calendar days.

B. Public hearing.

1. The Department shall provide notice and conduct a public hearing to address a Notice of Preliminary Decision regarding a significant permit amendment or final permit determination if:

a. Significant public interest in a public hearing exists, or

b. Significant issues or information have been brought to the attention of the Department that has not been considered previously in the permitting process.

2. If, after publication of the Notice of Preliminary Decision, the Department determines that a public hearing is necessary, the Department shall schedule a public hearing and publish the Notice of Preliminary Decision at least once, in one or more newspapers of general circulation where the facility is located.

3. The Department shall accept written public comment until the close of the hearing record as specified by the person presiding at the public hearing.

C. At the same time the Department notifies a permittee of a significant permit amendment or an applicant of the final permit determination, the Department shall send, through regular mail, a notice of the amendment or determination to any person who submitted comments or attended a public hearing on the significant permit amendment or final permit determination.

D. The Department shall respond in writing to all written comments submitted during the written public comment period.

E. General permits. Public participation requirements do not apply.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-110. Inspections, Violations, and Enforcement

A. The Department shall conduct any inspection of a permitted facility as specified under A.R.S. § 41-1009.

B. Except as provided in R18-9-A308, a person who owns or operates a facility contrary to a provision of Articles 1, 2, and 3 of this Chapter, violates a condition of an Aquifer Protection Permit, or violates a Groundwater Quality Protection Permit continued by R18-9-105(A)(1) is subject to the enforcement actions established under A.R.S. Title 49, Chapter 2, Article 4.

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-111. Repealed

Historical Note