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 laws, so it is confusing to figure out which sections apply. I recieved 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.

 

Authorization to discharge is allowed under a type 1 general permit, 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 three permit for larger gray water systems up to 3000 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

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Former Article 4 consisting of Sections R9-20-401 through R9-20-408 repealed effective May 24, 1985.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

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

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-112. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-113. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-114. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-115. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-116. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-117. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-118. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-119. Repealed

Historical Note

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 Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-120. Repealed

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Repealed effective July 14, 1998 (Supp. 98-3).

R18-9-121. Repealed

Historical Note

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

R18-9-122. Repealed

Historical Note

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

R18-9-123. Repealed

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Repealed effective November 15, 1996 (Supp. 96-4).

R18-9-124. Repealed

Historical Note

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

R18-9-125. Repealed

Historical Note

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

R18-9-126. Repealed

Historical Note

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

R18-9-127. Repealed

Historical Note

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

R18-9-128. Repealed

Historical Note

Adopted effective September 27, 1989 (Supp. 89-3). Repealed effective November 12, 1996 (Supp. 96-4).

R18-9-129. Repealed

Historical Note

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

R18-9-130. Repealed

Historical Note

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

Appendix I. Repealed

Historical Note

Appendix I repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

ARTICLE 2. AQUIFER PROTECTION PERMITS - INDIVIDUAL PERMITS

PART A. APPLICATION AND GENERAL PROVISIONS

R18-9-A201. Application

A. Individual permit application.

1. A person may submit an individual permit application that covers one or more of the following categories:

a. Drywell,

b. Industrial,

c. Mining,

d. Wastewater, or

e. Solid waste disposal.

2. The applicant shall provide the Department with:

a. The following information on an application form:

i. The name and mailing address of the applicant;

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

iii. The name and mailing address of the owner of the facility;

iv. The name and mailing address of the operator of the facility;

v. The legal description of the location of the facility;

vi. The expected operational life of the facility; and

vii. Any other federal or state environmental permit issued to the applicant.

b. A copy of the certificate of disclosure required by A.R.S. § 49-109;

c. Evidence that the facility complies with applicable municipal or county zoning ordinances, codes, and regulations;

d. Two copies of the technical information required in R18-9-A202(A);

e. The financial information required in R18-9-A203;

f. The site-specific conditions specified in R18-9-A202;

g. For a sewage treatment facility, a design report signed and sealed by an Arizona-registered professional engineer, containing the information required in R18-9-B202;

h. Certification in writing that the information submitted in the application is true and accurate to the best of the applicant’s knowledge; and

i. The applicable fee established in 18 A.A.C. 14.

3. Special provision for underground storage facilities. A person applying for an individual permit for an underground storage facility shall submit the information described in R18-9-A201 through R18-9-A203, except the BADCT information specified in R18-9-A202(A)(5).

a. Upon receipt of the application, the Department shall process the application in coordination with the underground storage facility permit process administered by the Department of Water Resources.

b. The Department shall advise the Department of Water Resources of each permit application received.

B. Pre-application conference. Upon request of the applicant, the Department shall schedule and hold a pre-application conference with the applicant to discuss any requirements in Articles 1 and 2 of this Chapter.

C. Draft permit. The Department shall provide the applicant with a draft of the individual permit on or immediately before publication of the Notice of Preliminary Decision specified in R18-9-109.

D. Permit Duration. Except for a temporary permit, an individual permit is valid for the operational life of the facility and any period during which the facility is subject to a post-closure plan under R18-9-A209(C).

E. Permit issuance or denial.

1. The Director shall issue an individual permit if the Director determines, based upon the information obtained by or made available to the Department, that the applicant will comply with A.R.S. §§ 49-241 through 49-252 and Articles 1 and 2 of this Chapter.

2. The Director shall provide the applicant with written notification of the final decision to issue or deny the permit application within the overall licensing time-frame requirements under 18 A.A.C. 1, Chapter 5.

3. If the Director denies an individual permit application the Director shall provide the applicant with a written notification that explains:

a. The reason for the denial with reference to the statute or rule on which the denial is based;

b. The applicant’s right to appeal the denial, including the number of days the applicant has to file a protest challenging the denial and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

c. The applicant’s right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

4. Permit applications received before August 16, 1999, not subject to licensing time-frames, shall be issued or denied within 30 days after close of public comment established in the public notice, or if a public hearing is held, within 45 days after the public hearing record is closed.

a. The Director may extend the final decision deadline for not more than 90 days after the close of the public comment period, or, if a public hearing is held, after the public hearing record is closed, if the Director determines that additional information is required to make the decision whether to issue or deny a permit.

b. The Director shall provide the applicant with written notification of a decision to extend the final decision deadline within 15 days after the close of the public comment period or if a public hearing is held, within 15 days after the public hearing record is closed.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A202. Technical Requirements

A. Except as specified in R18-9-A201(A)(3), an applicant shall submit the following technical information as attachments to the individual permit application:

1. A topographic map, or other appropriate map approved by the Department, of the facility location and contiguous land area showing the known use of adjacent properties, all known water well locations found within 1/2 mile of the facility, and a description of well construction details and well uses, if available;

2. A facility site plan showing all known property lines, structures, water wells, injection wells, drywells and their uses, topography, and the location of points of discharge. The facility site plan shall include all known borings unless the Department determines that borings are numerous and the requirement may be satisfied by a narrative description of the number and location of the borings;

3. The facility design documents indicating proposed or as-built design details and proposed or as-built configuration of basins, ponds, waste storage areas, drainage diversion features, or other engineered elements of the facility affecting discharge. When formal as-built submittals are not available, the applicant shall provide documentation, sufficient to allow evaluation of those elements of the facility affecting discharge, following the demonstration requirements of A.R.S. § 49-243(B). An applicant seeking an Aquifer Protection Permit for a sewage treatment facility shall submit design documents required in R18-9-B203;

4. A summary of the known past facility discharge activities and the proposed facility discharge activities indicating all of the following:

a. The chemical, biological, and physical characteristics of the discharge;

b. The rate, volume, and frequency of the discharge for each facility; and

c. The location of the discharge.

5. A description of the BADCT to be employed in the facility, including:

a. A statement of the technology, processes, operating methods, or other alternatives that will be employed to meet the requirements of A.R.S. § 49-243(B), (G), or (P), as applicable. The statement shall describe:

i. The alternative discharge control measures considered,

ii. The technical and economic advantages and disadvantages of each alternative, and

iii. The justification for selection or rejection of each alternative.

b. An evaluation of each alternative discharge control technology relative to the amount of discharge reduction achievable, site specific hydrologic and geologic characteristics, other environmental impacts, and water conservation or augmentation;

c. For a new facility, an industry-wide evaluation of the economic impact of implementation of each alternative control technology;

d. For an existing facility, a statement reflecting the consideration of factors listed in A.R.S. §§ 49-243(B)(1)(a) through (B)(1)(h);

e. The above requirements do not apply if the Department verifies that a sewage treatment facility meets the BADCT requirements under Article 2, Part B of this Chapter.

6. Proposed points of compliance for the facility based on A.R.S. § 49-244. An applicant shall demonstrate that:

a. The facility will not cause or contribute to a violation of the Aquifer Water Quality Standards at the proposed point of compliance, or

b. If an Aquifer Water Quality Standard for a pollutant has been exceeded in an aquifer at the time of permit issuance, no additional degradation of the aquifer relative to that pollutant and determined at the proposed point of compliance will occur as a result of the discharge from the proposed facility.

7. A contingency plan that meets the requirements of R18-9-A204;

8. A hydrogeologic study that defines the discharge impact area for the expected duration of the facility. The Department may allow the applicant to submit an abbreviated hydrogeologic study or, if warranted, no hydrogeologic study, based upon the quantity and characteristics of the pollutants discharged, the methods of disposal, and the site conditions. Information from a previous study of the affected area may be included to meet a requirement of the hydrogeologic study, if the previous study accurately represents current hydrogeologic conditions. The hydrogeologic study shall demonstrate:

a. That the facility will not cause or contribute to a violation of Aquifer Water Quality Standards at the applicable point of compliance; or

b. If an Aquifer Water Quality Standard for a pollutant has been exceeded in an aquifer at the time of permit issuance that no additional degradation of the aquifer relative to that pollutant and determined at the applicable point of compliance will occur as a result of the discharge from the proposed facility;

c. Based on the quantity and characteristics of pollutants discharged, methods of disposal, and site conditions, the Department may require the applicant to provide:

i. A description of the surface and subsurface geology, including a description of all borings;

ii. The location of any perennial, intermittent, or ephemeral surface water bodies;

iii. The characteristics of the aquifer and geologic units with limited permeability, including depth, hydraulic conductivity, and transmissivity;

iv. Rate, volume, and direction of surface water and groundwater flow, including hydrographs, if available, and equipotential maps;

v. The precise location or estimate of the location of the 100-year flood plain and an assessment of the 100-year flood surface flow and potential impacts on the facility;

vi. Documentation of the existing quality of the water in the aquifers underlying the site, including, where available, the method of analysis, quality assurance, and quality control procedures associated with the documentation;

vii. Documentation of the extent and degree of any known soil contamination at the site;

viii. An assessment of the potential of the discharge to cause the leaching of pollutants from surface soils or vadose materials;

ix. Any anticipated changes in the water quality expected because of the discharge;

x. A description of any expected changes in the elevation or flow directions of the groundwater that may be caused by the facility;

xi. A map of the facility’s discharge impact area;

xii. The criteria and methodologies used to determine the discharge impact area; or

xiii. The proposed location of each point of compliance.

9. A detailed proposal indicating the alert levels, discharge limitations, monitoring requirements, compliance schedules, and temporary cessation, closure, and post-closure strategies or plans that the applicant will use to satisfy the requirements of A.R.S. Title 49, Chapter 2, Article 3, and Articles 1 and 2 of this Chapter;

10. Any other relevant information required by the Department to determine whether to issue a permit.

B. An applicant shall demonstrate the ability to maintain the technical capability necessary to carry out the terms of the individual permit, including a demonstration that the facility will be operated by a certified operator if a certified operator is required under 18 A.A.C. 5. An applicant shall make the demonstration by submitting the following information for each person principally responsible for designing, constructing, or operating the facility:

1. Pertinent licenses or certifications held by the person;

2. Professional training relevant to the design, construction, or operation of the facility; and

3. Work experience relevant to the design, construction, or operation of the facility.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A203. Financial Requirements

A. Cost estimates. A person applying for an individual permit shall demonstrate financial capability to construct, operate, close, and assure proper post-closure care of the facility in compliance with A.R.S. Title 49, Chapter 2, Article 3; Articles 1 and 2 of this Chapter; and the conditions of the individual permit.

1. The applicant shall submit the following cost estimates:

a. Total cost of new facility construction;

b. The operation and maintenance costs of those elements of the facility used to comply with the demonstration under A.R.S. § 49-243(B);

c. The cost of closure, described in R18-9-A209(B), consistent with the closure plan or strategy submitted under R18-9-A202(A)(9); and

d. The cost of post-closure monitoring and maintenance, described in R18-9-A209(C), consistent with the post closure plan or strategy submitted under R18-9-A202(A)(9).

2. The cost estimates for facility construction, operation, and maintenance shall be derived from competitive bids, construction plan take-offs, or specifications, if available. The cost estimates may be prepared by an engineer, contractor, or accountant and shall be representative of regional fair market costs.

B. Financial demonstration. The applicant’s chief financial officer shall submit a statement indicating that the applicant is financially capable of meeting the costs described in subsection (A).

1. The statement shall specify in detail the financial arrangements for meeting the estimated closure and post-closure costs, according to the plans or strategies submitted under R18-9-A202(A)(9).

2. An applicant other than a state or federal agency, county, city, town, or other local government entity, shall further support the demonstration of financial capability with at least one of the following:

a. If a publicly traded corporation, the latest fiscal year-end copy of the applicant’s 10K or 20F Form filed under section 13 or 15(d) of the federal Securities Exchange Act of 1934;

b. If a non-publicly traded corporation, a report that contains all of the following:

i. A brief description of the applicant’s status as a corporation;

ii. A brief description of the applicant’s business;

iii. Signed and dated copies of the applicant’s U.S. tax returns with all schedules from the two previous tax years and a copy of the most recent year-end financial statement;

iv. A brief description of any civil judgement exceeding $100,000 against the applicant during the last five years preceding the date of the application;

v. A brief description of any bankruptcy proceeding instituted by the applicant during the five years preceding the date of the application; and

vi. The names of the corporation’s executive officers and their dates of birth or ages.

c. If the applicant is a partnership or limited liability entity, the name of any principal who owns more than a 20% interest in the business entity;

d. If the person is an individual, non-business applicant, a current financial statement and evidence of current personal income or assets.

C. The Department shall consider an applicant unable to demonstrate the financial capability necessary to fully carry out the terms of the permit, as described in subsection (B), and shall require the applicant to submit a financial assurance mechanism under subsection (D) if any one of the following conditions exists:

1. For a publicly traded corporation:

a. The 10K Form or 20F Form indicates that the company received an adverse opinion, disclaimer of opinion, or other qualified opinion from the independent certified public accountant auditing its financial statements;

b. Standard and Poor’s or Moody’s Investors Service has assigned the applicant an unsecured debt rating less than investment grade. Unacceptable ratings are Standard and Poor’s: BB, B, CCC, C, D or Speculative; Moody’s Investors Services: Ba, B, Caa, Ca C, or Speculative or lack of an unsecured credit rating by Standard and Poor’s or Moody’s Investors Service; or

c. Lack of assets in the United States equal to at least 90% of the total closure and post-closure care cost estimates.

2. For a non-publicly traded corporation:

a. Lack of a financial statement prepared by an independent certified public accountant, including all balance sheet notes and schedules;

b. Lack of assets located in the United States equal to at least 90% of total assets or assets amounting to less than six times the costs of closure and post-closure care; or

c. Lack of net working capital and tangible net worth of at least six times the costs of closure and post-closure care.

D. Financial demonstration option.

1. Instead of the financial demonstration required in subsection (B), an applicant may submit evidence of one or more of the following financial assurance mechanisms, listed in A.R.S. § 49-761(J), sufficient to cover the costs described in subsection (A). The applicant shall provide written documentation demonstrating compliance with the listed requirements for each financial assurance mechanism.

a. Performance surety bond.

i. The surety is listed in Department of Treasury, Circular 570, as qualified in the state where the bond is signed; and

ii. The surety’s underwriting limit is at least as great as the amount of the surety bond.

b. Certificate of deposit.

i. The Certificate of deposit is issued by a financial institution that is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance corporation, and

ii. The Certificate of deposit is assigned to the Director.

c. Trust fund with pay-in period.

i. The trustee is an entity who has the authority to act as a trustee, and

ii. The trust operation is regulated and examined by a federal or state agency.

d. Irrevocable letter of credit.

i. The issuing financial institution has authority to issue letters of credit, and

ii. The issuing financial institution is regulated and examined by a federal or state agency.

e. Insurance policy.

i. The insurer is licensed to transact the business of insurance or as an excess or surplus lines insurer in one or more states, and

ii. The insurer is a non-captive insurer.

f. Deposit with the state treasurer.

g. Guarantee.

i. A guarantor is the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a substantial business relationship with the owner or operator; and

ii. A guarantor meets the requirements of subsection (D) and complies with the terms of the guarantee.

h. One or more financial assurance mechanisms; or

i. An additional financial assurance mechanism approved by the Director.

2. A permittee may substitute one financial assurance mechanism for another with prior Director approval.

3. A permittee shall hold the financial assurance mechanism for the duration of the permit or until the permittee is able to demonstrate the financial capability under subsection (B) necessary to carry out the terms of the Aquifer Protection Permit.

E. If, after issuing an individual permit, the Director determines that a permittee is not able to maintain the financial capability required in subsection (B), the permittee shall provide evidence of a financial assurance mechanism within 90 days from the date on the Department’s notification.

F. If the Director has reason to believe that a permittee will lose financial capability, the Director may request demonstration of financial capability no more than quarterly throughout the duration of an individual permit. The permittee shall provide the information within 90 days from the date on the request.

G. If a person demonstrates that a financial capability requirement under this Article is duplicative of a financial capability demonstration already made to the state and the Department has access to that information, the person is not required to resubmit that information.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A204. Contingency Plan

A. An individual permit shall specify a contingency plan that defines the actions to be taken if a discharge results in any of the following:

1. A violation of a permit condition,

2. A violation of an Aquifer Water Quality Standard,

3. An alert level is exceeded,

4. A discharge limitation is exceeded, or

5. An imminent and substantial endangerment to the public health or the environment.

B. The contingency plan may include one or more of the following actions if a discharge results in any of the conditions described in subsection (A):

1. Verification sampling;

2. Notification to downstream or downgradient users who may be directly affected by the discharge;

3. Further monitoring that may include increased frequency, additional constituents, or additional monitoring locations;

4. Inspection, testing, or maintenance of discharge control features of the facility;

5. For sewage treatment facilities, pretreatment evaluation;

6. Preparation of a hydrogeologic study to assess the extent of soil, surface water, or aquifer impact;

7. Corrective action that may include any of the following measures:

a. Control of the source of an unauthorized discharge,

b. Soil cleanup,

c. Cleanup of affected surface waters,

d. Cleanup of affected parts of the aquifer, or

e. Mitigation measures to limit the impact of pollutants on existing uses of the aquifer.

C. Each corrective action proposed under subsection (B)(7) is subject to approval by the Department.

1. Emergency response provisions and corrective actions specifically identified in the contingency plan submitted with a permit application are subject to approval by the Department during the application review process.

2. Corrective actions other than those already identified in the contingency plan may be proposed to the Department by the permittee if a discharge results in any of the conditions identified in subsection (A).

3. The Department shall approve a proposed corrective action if the corrective action returns the facility to compliance with the facility’s permit conditions, A.R.S. Title 49, Chapter 2 and Articles 1 and 2 of this Chapter.

4. Approved corrective actions other than those already identified in the contingency plan may be incorporated by the Director into an Aquifer Protection Permit.

D. A contingency plan shall contain emergency response provisions to address an imminent and substantial endangerment to public health or the environment including:

1. Twenty-four hour emergency response measures;

2. The name of an emergency response coordinator responsible for implementing the contingency plan;

3. Immediate notification of the Department regarding any emergency response measure taken;

4. A list of names, addresses and telephone numbers of persons to be contacted if an imminent and substantial endangerment to public health or the environment arises; and

5. A general description of the procedures, personnel, and equipment that will be used to mitigate unauthorized discharges.

E. A contingency plan required by the Federal Water Pollution Control Act (P.L. 92-500; 86 Stat. 816; 33 U.S.C. 1251, et seq., as amended), or the Resource Conservation and Recovery Act of 1976 (P.L. 94-580; 90 Stat. 2796; 42 U.S.C. 6901 et seq., as amended), may be amended to meet the requirements of this Section and submitted to the Department for approval instead of a separate aquifer protection contingency plan.

F. A permittee shall maintain at least one copy of the contingency plan required by the individual permit at the location where day-to-day decisions regarding the operation of the facility are made. A permittee shall advise all employees responsible for the operation of the facility of the location of the contingency plan.

G. A permittee shall promptly revise the contingency plan upon any change to the information contained in the plan.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A205. Alert Levels and Discharge Limitations

A. Alert levels.

1. The Department shall establish alert levels in an individual permit. The alert levels shall be based on the site-specific conditions described by the applicant in the application submitted under R18-9-A201(A)(2) or other information available to the Department.

2. The Department may specify an alert level based on a pollutant that indicates the potential appearance of another pollutant.

3. The Department may specify the measurement of an alert level at a location appropriate for the discharge activity, considering the physical, chemical, and biological characteristics of the discharge, the particular treatment process, and the site-specific conditions.

B. Discharge Limitations. The Department shall prescribe discharge limitations based on the considerations described in A.R.S. § 49-243.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A206. Monitoring Requirements

A. Monitoring.

1. The Department shall determine whether monitoring is required to assure compliance with Aquifer Protection Permit conditions and with the applicable Aquifer Water Quality Standards established under A.R.S. §§ 49-221, 49-223, 49-241 through 49-244, and 49-250 through 49-252.

2. If monitoring is required, the Director shall specify to the permittee:

a. The type and method of monitoring to be conducted;

b. The frequency of monitoring;

c. Any requirements for the installation, use, or maintenance of monitoring equipment; and

d. The intervals at which the permittee shall report monitoring results to the Department.

B. Recordkeeping.

1. A permittee shall make a monitoring record for each sample taken as required by the individual permit consisting of all of the following:

a. The date, time, and exact place of a sampling and the name of each individual who performed the sampling;

b. The procedures used to collect the sample;

c. The date sample analysis was completed;

d. The name of each individual or laboratory performing the analysis;

e. The analytical techniques or methods used to perform the sampling and analysis;

f. The chain of custody records; and

g. Any field notes relating to the information described in subsections (B)(1)(a) through (B)(1)(f).

2. A permittee shall make a monitoring record for each measurement made as required by the individual permit consisting of all of the following:

a. The date, time, and exact place of the measurement and the name of each individual who performed the measurement;

b. The procedures used to make the measurement; and

c. Any field notes relating to the information described in subsections (B)(2)(a) and (B)(2)(b).

3. A permittee shall maintain monitoring records for at least 10 years after the date of the sample or measurement.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A207. Reporting Requirements

A. A permittee shall notify the Department within five days after becoming aware of a violation of a permit condition or that an alert level has been exceeded. The permittee shall inform the Department whether the contingency plan described in R18-9-A204 has been implemented.

B. In addition to the requirements in subsection (A), a permittee shall submit a written report to the Department within 30 days after the permittee becomes aware of the violation of a permit condition. The report shall contain:

1. A description of the violation and its cause;

2. The period of violation, including exact date and time, if known, and the anticipated time period the violation is expected to continue;

3. Any action taken or planned to mitigate the effects of the violation or to eliminate or prevent recurrence of the violation;

4. Any monitoring activity or other information that indicates that a pollutant is expected to cause a violation of an Aquifer Water Quality Standard; and

5. Any malfunction or failure of a pollution control device or other equipment or process.

C. A permittee shall notify the Department within five days after the occurrence of any of the following:

1. The permittee’s filing of bankruptcy, or

2. The entry of any order or judgment not issued by the Director against the permittee for the enforcement of any environmental protection statute or rule.

D. The Director shall specify the format for submitting results from monitoring conducted under R18-9-A206.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A208. Compliance Schedule

A. A permittee shall follow the compliance schedule established in the individual permit.

1. If a compliance schedule provides that actions are to be taken during a period that exceeds one year from the date of permit issuance, the schedule shall establish interim requirements and dates for their achievement.

2. If the time necessary for completion of an interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall contain interim dates for submission of reports on progress toward completion of the interim requirements and shall indicate a projected completion date.

3. Within 30 days after the applicable date specified in a compliance schedule, a permittee shall submit to the Department a report indicating whether the required action was taken within the time specified.

4. After reviewing the compliance schedule activity the Director may amend the Aquifer Protection Permit, based on changed circumstances relating to the required action.

B. The Department shall consider all of the following factors when setting the compliance schedule requirements:

1. The character and impact of the discharge,

2. The nature of construction or activity required by the permit,

3. The number of persons affected or potentially affected by the discharge,

4. The current state of treatment technology, and

5. The age of the facility.

C. For a new facility, the Department shall not defer to a compliance schedule any requirement necessary to satisfy the criteria under A.R.S. § 49-243(B).

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A209. Temporary Cessation, Closure, Post-closure

A. Temporary cessation.

1. A permittee shall notify the Department before a cessation of operations at the facility of at least 60 days duration.

2. The permittee shall implement any measures specified in the individual permit for the temporary cessation.

3. If the permit does not specify temporary cessation measures, the Department shall require the permittee to submit specifications for each measure for approval by the Department.

B. Closure.

1. A permittee shall notify the Department of the permittee’s intent to cease operations without resuming an activity for which the facility was designed or operated.

a. The permittee shall submit a closure plan for Director approval within 90 days following the notification of intent to cease operations with the applicable fee established in 18 A.A.C. 14. The closure plan shall describe:

i. The approximate quantity and chemical, biological, and physical characteristics of each material to be removed from the facility;

ii. The destination of the materials to be removed from the facility and documentation that the destination is approved to accept the materials;

iii. The approximate quantity and chemical, biological, and physical characteristics of each material that remains at the facility;

iv. The method to be used to treat any material remaining at the facility;

v. The method to be used to control the discharge of pollutants from the facility;

vi. Any limitations on future land or water uses created as a result of the facility’s operations or closure activities;

vii. The methods to be used to secure the facility;

viii. An estimate of the cost of closure;

ix. A schedule for implementation of the closure plan and the submission of a post-closure plan; and

x. Any other relevant information the Department determines to be necessary.

b. Upon receipt of a complete closure plan, the Director shall:

i. Provide written notification of the closure as specified in R18-9-108, and

ii. If the proposed closure plan does not achieve clean closure, publish a Notice of Preliminary Decision for a permit amendment or issuance of an individual permit as specified in R18-9-109.

2. Within 60 days of receipt of a complete closure plan, the Department shall determine whether the closure plan achieves clean closure.

a. If the closure plan achieves clean closure, the Director shall send a letter of approval to the permittee;

b. If the closure plan does not achieve clean closure, the permittee shall submit a post closure plan under subsection (C) and the following documents within 90 days from the date on the Department’s notice or as specified under A.R.S. § 49-252(E):

i. An application for an individual permit, or

ii. A request to modify a current individual permit to address closure activities and post-closure monitoring and maintenance at the facility.

3. The Director shall require implementation of the closure plan as a permit condition.

C. Post-closure. A permittee shall describe post-closure monitoring and maintenance activities in a plan and submit it to the Department for approval.

1. The plan shall include:

a. The duration of post-closure care;

b. The monitoring procedures to be implemented by the permittee, including monitoring frequency, type, and location;

c. A description of the operating and maintenance procedures to be implemented for maintaining aquifer quality protection devices, such as liners, treatment systems, pump-back systems, and monitoring wells;

d. A schedule and description of physical inspections to be conducted at the facility following closure;

e. An estimate of the cost of post-closure maintenance and monitoring; and

f. A description of limitations on future land or water uses, or both, at the facility site as a result of facility operations.

2. The Director shall include the post-closure plan submitted under subsection (C)(1) in the individual permit.

D. The permittee shall provide the Department with written notice that a closure plan or a post-closure plan has been fully implemented within 30 calendar days of completion.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A210. Temporary Individual Permit

A. A person may apply for a temporary individual permit for either of the following:

1. A pilot project necessary to develop data for an Aquifer Protection Permit application for the full-scale project, or

2. A temporary facility with a discharge lasting no more than six months.

B. The applicant shall submit a preliminary application containing the information required in R18-9-A201(A)(2)(a).

C. The Department shall, based on the preliminary application and in consultation with the applicant, determine and provide the applicant notice of what additional information in R18-9-A201(A)(2) is necessary to complete the application.

D. Public participation.

1. If the Director issues a temporary individual permit, the Director shall postpone the public participation requirements under R18-9-109.

2. The Director shall not postpone notification of the opportunity for public participation for more than 30 days from the date on the temporary individual permit.

3. The Director may modify or revoke the temporary individual permit after consideration of public comments.

C. A temporary individual permit expires after one year unless it is renewed. A permittee may renew a temporary individual permit no more than one time.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A211. Permit Amendments

A. The Director may amend an individual permit based upon a request or upon the Director’s initiative.

1. A permittee shall submit a request for permit amendment in writing on a form provided by the Department with the applicable fee established in 18 A.A.C. 14, explaining the facts and reasons justifying the request.

2. The Department shall process amendment requests following the licensing time-frames established under 18 A.A.C. 1, Article 5.

B. Significant permit amendment. The Director shall make a significant amendment to an individual permit if:

1. Part or all of an existing facility becomes a new facility under A.R.S. § 49-201;

2. A physical change in a permitted facility or a change in its method of operation results in:

a. An increase of 10% or more in the permitted volume of pollutants discharged, except a sewage treatment facility;

b. An increase in design flow of a sewage treatment facility as follows:

Permitted Design Flow

% Increase in Design Flow

500,000 gallons per day or less

10%

Greater than 500,000 gallons per day but less than or equal to five million gallons per day

6%

Greater than five million gallons per day but less than or equal to 50 million gallons per day

4%

Greater than 50 million gallons per day

2%

c. Discharge of an additional pollutant not allowed by a facility’s original individual permit. The Director may consider the addition of a pollutant with a chemical composition substantially similar to a pollutant the permit currently allows by making an "other" amendment to the individual permit as prescribed in subsection (D);

d. For any pollutant not addressed in a facility’s individual permit, any increase that brings the level of the pollutant to within 80% or more of a numeric Aquifer Water Quality Standard at the point of compliance;

e. An increase in the concentration in the discharge of a pollutant listed under A.R.S. § 49-243(I).

3. Based upon available information, the facility can no longer demonstrate that its discharge will comply with A.R.S. § 49-243(B)(2) or (3);

4. The permittee requests and the Department makes a monitoring change, not specified in the individual permit, that will reduce the frequency in monitoring or reporting or that will reduce the number of pollutants monitored and the permittee demonstrates that the changes do not affect its ability to remain in compliance with Articles 1 and 2 of this Chapter;

5. It is necessary to change the designation of a point of compliance;

6. The permittee requests and the Department makes less stringent discharge limitations and demonstrates that the changes will not affect the permittee’s ability to remain in compliance with Articles 1 and 2 of this Chapter;

7. It is necessary to make an addition to or a substantial change in closure requirements or to provide for post-closure maintenance and monitoring;

8. Material and substantial alterations or additions to a permitted facility justify a change in permit conditions.

C. Minor permit amendment. The Director shall make a minor amendment to an individual permit to:

1. Correct a typographical error;

2. Change nontechnical administrative information, excluding a permit transfer;

3. Correct minor technical errors, such as errors in calculation, locational information, citations of law, and citations of construction specifications;

4. Increase the frequency of monitoring or reporting, or to revise a laboratory method;

5. Make a discharge limitation more stringent; or

6. Insert calculated alert levels or other permit limits into a permit based on monitoring subsequent to permit issuance, if a requirement to establish the levels or limits and the method for calculation of the levels or limits was established in the original permit.

D. "Other" permit amendment.

1. The Director may make an "other" amendment to an individual permit if the amendment is not a significant or minor permit amendment prescribed in this Section, based on an evaluation of the information relevant to the amendment.

2. Examples of an "other" amendment to an individual permit include:

a. A change in a construction requirement or operational practice, if the alteration complies with the requirements of Articles 1 and 2 of this Chapter and provides equal or better performance;

b. A change in an interim or final compliance date in a compliance schedule, if the Director determines just cause exists for changing the date;

c. A change in the permittee’s financial assurance mechanism under R18-9-A203(D)(2);

d. Permit transfer under R18-9-A212;

e. Replacement of monitoring equipment, including a well, if the replacement results in equal or greater monitoring effectiveness;

f. Any increase in the volume of pollutants discharged that is less than that described in subsection (B)(2)(a) or (B)(2)(b);

g. An adjustment of the permit to conform to rule or statutory provisions;

h. A combination of two or more permits at the same site as specified under R18-9-107; or

i. An adjustment of monitoring requirements to ensure reclaimed water quality standards developed under A.R.S. § 49-221(E) are met.

E. The public notice and public participation requirements of R18-9-108 and R18-9-109 apply to a significant amendment. The public notice requirements apply to an "other" amendment. A minor amendment does not require a public notice or public participation.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A212. Permit Transfer

A. The owner or operator of a facility subject to the continuance requirements under R18-9-105(A)(1), (A)(2), or (A)(3) shall notify the Department by certified mail within 15 days following a change of ownership. The notice shall include:

1. The name of the transferor owner or operator;

2. The name and social security number of the transferee owner or operator, if the transferee owner operator is an individual;

3. The name and location of the facility;

4. The written agreement between the existing and new permittee indicating a specific date for transfer of all permit responsibility, coverage, and liability;

5. A signed declaration by the new permittee that the permittee has reviewed the permit and agrees to be bound by its terms; and

6. The applicable fee established in 18 A.A.C. 14.

B. A permittee may transfer an individual permit to a new permittee if the Director amends the permit to identify the new permittee and holds the new permittee responsible for all conditions of the permit. The new permittee shall:

1. Notify the Department by certified mail within 15 days after the change of ownership of the transfer and include a written agreement between the existing and new permittee indicating a specific date for transfer of all permit responsibility, coverage, and liability;

2. Submit the applicable fee established in 18 A.A.C. 14;

3. Demonstrate the technical and financial capability necessary to fully carry out the terms of the permit according to R18-9-A202 and R18-9-A203;

4. Submit a signed statement by the new permittee that the permittee has reviewed the permit and agrees to be bound by its terms; and

5. Provide the Department with a copy of the Certificate of Disclosure required by A.R.S. § 49-109.

C. A permittee shall comply with the permit conditions specified under A.R.S. §§ 49-241 through 49-252, and Articles 1 and 2 of this Chapter, regardless of whether the permittee has sold or disposed of the facility, until the Director transfers the permit.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-A213. Permit Suspension, Revocation, or Denial

A. The Director may suspend or revoke an individual permit or a continuance under R18-9-105(A)(1), (A)(2), or (A)(3) for any of the following:

1. A permittee failed to comply with any applicable provision of A.R.S. Title 49, Chapter 2, Article 3; Articles 1 and 2 of this Chapter; or any permit condition.

2. A permittee’s misrepresentation or omission of any fact, information, or data related to an Aquifer Protection Permit application or permit conditions.

3. The Director determines that a permitted activity is causing or will cause a violation of any Aquifer Water Quality Standard at a point of compliance.

4. A permitted discharge is causing or will cause imminent and substantial endangerment to public health or the environment.

B. The Director may deny an individual permit if the Director determines upon completion of the application process that the applicant has:

1. Failed or refused to correct a deficiency in the permit application;

2. Failed to demonstrate that the facility and the operation will comply with the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1 and 2 of this Chapter. This determination shall be based on:

a. The information submitted in the Aquifer Protection Permit application,

b. Any information submitted to the Department following a public hearing, or

c. Any relevant information that is developed or acquired by the Department.

3. Provided false or misleading information.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

PART B. BADCT FOR SEWAGE TREATMENT FACILITIES

R18-9-B201. General Considerations and Prohibitions

A. Applicability. The requirements in this Article, including BADCT requirements, apply to all sewage treatment facilities, including expansions of existing sewage treatment facilities, that treat wastewater containing sewage, unless the discharge is covered by a general permit under Article 3 of this Chapter.

B. The Director may specify alert levels, discharge limitations, design specifications, and operation and maintenance requirements in the permit that are based upon information provided by the applicant and that meet the requirements under A.R.S. § 49-243(B)(1).

C. The Director may specify adherence to an operation and maintenance plan as an Aquifer Protection Permit condition, based on consideration of the factors in A.R.S. § 49-243(B)(1).

D. A person shall not install or maintain a connection between any part of a sewage treatment facility and a potable water supply so that sewage or wastewater contaminates a potable or public water supply.

E. A person shall not bypass untreated sewage from a sewage treatment facility.

F. Reclaimed water dispensed to a direct reuse site from a sewage treatment facility is regulated under Reclaimed Water Quality Standards established under A.R.S. § 49-221(E) and reclaimed water permit requirements under A.R.S. § 49-203(A)(6).

G. The preparation, transport, or land application of any biosolid generated by a sewage treatment facility is regulated under 18 A.A.C. 13, Article 15.

H. The Department shall not publish a Notice of Preliminary Decision to issue an individual permit or amendment under R18-9-A211(B)(2)(b) or an amendment under R18-9-A211(B)(6) for a sewage treatment facility that is not in conformance with the Certified Areawide Water Quality Management Plan and the Facility Plan.

I. The owner or operator of a sewage treatment facility that is a new facility or undergoing a major modification shall provide setbacks from the nearest adjacent property line using the following information:

Sewage Treatment Facility Design Flow (gallons per day)

No Noise,

Odor, or

Aesthetic Controls

(feet)

Full Noise, Odor, and Aesthetic Controls

(feet)

3000 to less than 24,000

250

25

24,000 to less than 100,000

350

50

100,000 to less than 500,000

500

100

500,000 to less than 1,000,000

750

250

1,000,000 or greater

1000

350

 

1. Full noise, odor, and aesthetic controls means that all treatment components are fully enclosed, odor scrubbers are installed on all vents, and fencing aesthetically matched to that in the area surrounding the facility

2. The owner or operator may decrease setbacks if setback waivers are obtained from affected property owners in which the property owner acknowledges awareness of the established setbacks, basic design of the sewage treatment facility, and the potential for noise and odor.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-B202. Application Requirements

A. An applicant shall submit a design report sealed by an Arizona-registered professional engineer. The design report shall include the following information:

1. Wastewater characterization, including quantity, quality, seasonality, and impact of increased flows as the facility reaches design flow;

2. The proposed method of disposal, including solids management;

3. A description of the treatment unit processes and containment structures, including diagrams and calculations that demonstrate that the design meets BADCT requirements and will achieve treatment levels specified in R18-9-B204. If soil aquifer treatment or other aspects of site conditions are used to meet BADCT requirements, the applicant shall document performance of the site in the design report or the hydrogeologic report;

4. A description of planned normal operation;

5. A description of operation and maintenance, an operation and maintenance plan, and a description of contingency and emergency operation of the system;

6. A description of construction management controls;

7. A description of the system startup plan, including pre-operational testing, expected treated wastewater characteristics and monitoring requirements during startup, expected time-frame for meeting performance requirements specified in R18-9-B204(C), and any other special startup condition that may merit consideration in the individual permit;

8. A site diagram depicting compliance with the setback requirements established in R18-9-B201(I);

9. For a sewage treatment facility with design flow under one million gallons per day, a design report and engineering plans and specifications. The Director may waive this requirement if the Director previously approved engineering plans and specifications submitted by the same owner or operator for a sewage treatment facility with design flow of more than one million gallons per day;

10. A certification by an Arizona-registered professional engineer that all other aspects of the design, including pipe coding, auxiliary power sources, and separation requirements, comply with applicable statutes, rules, and codes.

B. In addition to the technical and financial capability requirements specified in R18-9-A202 and R18-9-A203, the following requirements apply if construction or expansion of a private sewage treatment facility has been approved for treatment of sewage from a subdivision under R18-5-402. These requirements do not apply to a subdivision where each lot has an onsite wastewater treatment facility as defined in A.R.S. § 49-201 for sewage disposal:

1. If responsibility for operation of the private sewage treatment facility will be conveyed to a homeowner’s association or a private operator after construction, the applicant shall demonstrate that the homeowner’s association or private operator is technically capable of carrying out the terms of the permit and all treatment performance requirements specified in R18-9-B204.

2. If responsibility for operation of the private sewage treatment facility will be conveyed to a homeowner’s association or a private operator after construction, the applicant shall demonstrate that the homeowner’s association or private operator is financially capable of carrying out the terms of the permit and all treatment performance requirements specified in R18-9-B204, including monitoring, recordkeeping, and assuring that the system is under continuous operational control by the correct classification of a certified operator, as specified in 18 A.A.C. 5, Article 1.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-B203. Application Review and Approval

A. To ensure that BADCT requirements are met, the Department shall ask to review engineering plans and specifications for a sewage treatment facility with a design flow of one million gallons per day or greater if:

1. The design report required in R18-9-B202(A) fails to provide sufficient detail to determine adequacy of the proposed sewage treatment facility design;

2. The described design is innovative and does not reflect treatment technologies generally accepted as demonstrated within the industry;

3. The Department’s calculations of removal efficiencies based on the design report show that the treatment facility cannot achieve BADCT performance requirements;

4. The design report does not demonstrate:

a. Protection from physical damage due to a 100-year flood,

b. Ability to continuously operate during a 25-year flood, or

c. Provision for a standby power source.

5. The design report shows inconsistency in sizing or compatibility between two or more unit process components of the sewage treatment facility;

6. The designer of the facility has:

a. Designed a sewage treatment facility of at least a similar size on less than three previous occasions,

b. Designed a sewage treatment facility that has been the subject of a Director enforcement action due to the facility design, or

c. Been found by the Board of Technical Registration to have violated a provision of A.R.S. Title 32, Chapter 1.

7. The permittee seeks to expand its sewage treatment facility and the Department believes that BADCT will require upgrades to the design that have not been described and evaluated in the design report.

B. The Department shall review engineering plans and specifications and a design report upon request by an applicant seeking a permit for a sewage treatment facility, regardless of its flow.

C. The Department may inspect an applicant’s facility without notice to ensure that construction generally conforms to the design report.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-B204. Treatment Performance Requirements For New Facilities

A. An owner or operator of a new sewage treatment facility shall ensure that the facility meets the following performance requirements upon release of the treated wastewater at the outfall:

1. Secondary treatment levels.

a. Five-day biochemical oxygen demand (BOD5) less than 30 mg/l (30-day average) and 45 mg/l (seven-day average), or carbonaceous biochemical oxygen demand (CBOD5) less than 25 mg/l (30-day average) or 40 mg/l (seven-day average);

b. Total suspended solids (TSS) less than 30 mg/l (30-day average) and 45 mg/l (seven-day average);

c. pH maintained between 6.0 and 9.0 standard units; and

d. A removal efficiency of 85% for BOD5 CBOD5 and TSS.

2. Secondary treatment by waste stabilization ponds is not considered BADCT unless an applicant demonstrates to the Department that site-specific hydrologic and geologic characteristics and other environmental factors are sufficient to justify use of ponds or this method of treatment.

3. Total nitrogen in the treated wastewater is less than 10 mg/l (five-month rolling geometric mean). If an applicant demonstrates, using appropriate monitoring that soil aquifer treatment will produce a total nitrogen concentration of less than 10 mg/l in wastewater that percolates to groundwater, the Department may approve soil aquifer treatment for removal of total nitrogen as an alternative to meeting the performance requirement of 10 mg/l at the outfall.

4. Pathogen removal.

a. A sewage treatment facility with a design flow of less than 250,000 gallons per day. A fecal coliform limit of 200 colony forming units per 100 ml (seven-sample median) and 800 colony forming units per 100 ml (single sample maximum) applies if:

i. Depth to the seasonally high groundwater table is greater than 20 feet, and

ii. The system is not located above karstic or fractured bedrock.

b. Any other sewage treatment facility. A fecal coliform limit, using the membrane filter technique, of 2.2 colony forming units per 100 ml (seven-sample median) and less than 23 colony forming units per 100 ml (single sample maximum), or equivalent numbers using the multiple tube fermentation method, applies. Unit treatment processes, such as chlorination-dechlorination, ultraviolet, and ozone may be used to achieve this standard.

c. The Department may approve soil aquifer treatment for the removal of fecal coliform as an alternative to meeting the performance requirement in subsection (B)(4)(b), if the soil aquifer treatment process will produce a fecal coliform concentration less than that required under subsection (B)(4)(b) in wastewater that percolates to groundwater.

5. Unless governed by A.R.S. § 49-243(I), the performance requirement for each constituent regulated under R18-11-406(B) through (E) is the numeric Aquifer Water Quality Standard.

6. The performance requirement for a constituent regulated under A.R.S. § 49-243(I) is removal to the greatest extent practical regardless of cost.

a. An operator shall minimize trihalomethane compounds generated as disinfection byproducts using chlorination, dechlorination, ultraviolet, or ozone as the disinfection system or using a technology demonstrated to have equivalent or better performance for removing or preventing triahalomethane compounds.

b. For other pollutants regulated by A.R.S. § 49-243(I), an operator shall use one of the following methods to achieve industrial pretreatment:

i. Regulate industrial sources of influent to the sewage treatment facility by setting limits on pollutant concentrations, monitoring for pollutants, and enforcing the limits to reduce, eliminate, or alter the nature of a pollutant before release into a sewage collection system; or

ii. Meet the pretreatment requirements of Section 307 of the Federal Water Pollution Control Act; or

iii. For sewage treatment facilities without significant industrial input, conduct periodic monitoring to detect industrial discharge.

7. A maximum seepage rate less than 550 gallons per day per acre for all containment structures within the treatment works. A sewage treatment facility that consists solely of containment structures with no other form of discharge complies with this Part by operating below the maximum 550 gallon per day per acre seepage rate.

B. The Director shall incorporate treated wastewater discharge limitations and associated monitoring specified in this Section into the individual permit to ensure compliance with the BADCT requirements.

C. An applicant shall formally request and justify an alternative that allows less stringent performance than that established in this Section, based on the criteria specified in A.R.S. § 49-243(B)(1), including in the justification a consideration of site-specific hydrologic and geologic characteristics and other environmental factors, facility size, method of wastewater disposal or direct reuse, proportion of sewage to total industrial wastewater volume, and the seasonality of the service area for the sewage treatment facility. If a request involves treatment or disposal works that are a demonstration, experimental, or pilot project, the Department shall take into account the factors and may issue an individual permit that places greater reliance on monitoring to ensure operational capability.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-B205. Treatment Performance Requirements for Existing Facility

For an existing sewage treatment facility, the BADCT shall conform with the following:

1. The designer shall identify one or more design improvements that brings the facility closer to or within the treatment performance requirements specified in R18-9-B204, considering the factors listed in A.R.S. § 49-243(B)(1)(a) and (B)(1)(c) through (B)(1)(h),

2. The designer may eliminate from consideration alternatives identified in subsection (1) that are more expensive than the number of gallons of design flow times $0.05 per gallon, and

3. The designer shall select as the BADCT for the facility a design that incorporates one or more of the considered alternatives by giving preference to measures that will provide the greatest improvement toward meeting the treatment performance requirements specified in R18-9-B204.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

R18-9-B206. Treatment Performance Requirements for Expansion of a Permitted Facility

For an expansion of a sewage treatment facility with a current individual permit, the BADCT shall conform with the following:

1. New facility BADCT requirements of R18-9-B204:

a. Continue to apply for the part of the facility that conformed to the BADCT requirements for a new facility at the last permit issuance;

b. Apply to the addition of a process or major piece of production equipment, building, or structure that is physically separate from a facility and causes discharge; and

c. Apply to the part of the facility that has not been required to conform to BADCT requirements for new facilities, if a facility or part of a facility has undergone or will undergo any change identified in R18-9-A211(B)(2).

2. BADCT requirements for existing facilities established in R18-9-B205 apply to expansions not covered by subsections (1)(a), (1)(b), or (1)(c).

R18-9-E303. 4.03 General Permit: Composting Toilet,
Less Than 3000 Gallons Per Day Design Flow

Copied from http://azsos.gov/public_services/Title_18/18-09.htm on 5/30/07

 

A. A 4.03 General Permit allows for the use of a composting toilet with less than 3000 gallons per day design flow.

1. Definition. For purposes of this Section, "composting toilet" means a manufactured turnkey or kit form treatment technology that receives human waste from a waterless toilet directly into an aerobic composting chamber where dehydration and biological activity reduce the waste volume and the content of nutrients and harmful microorganisms to an appropriate level for later disposal at the site or by other means.

2. An applicant may use a composting toilet if:

a. Limited water availability prevents use of other types of on-site wastewater treatment facilities,

b. Environmental constraints prevent the discharge of wastewater or nutrients to a sensitive area,

c. Inadequate space prevents use of other systems,

d. Severe site limitations exist that make other forms of treatment or disposal unacceptable, or

e. The applicant desires maximum water conservation.

3. A permittee may use a composting toilet only if:

a. Wastewater is managed as provided in this Section and, if gray water is separated and reused, the gray water reuse complies with18 A.A.C. 9, Article 7; and

b. Soil conditions support subsurface disposal of all wastewater sources.

B. Restrictions.

1. A permittee shall ensure that no more than 50 persons per day use the composting toilet.

2. A composting toilet shall only receive human excrement unless the manufacturer's specifications allow the deposit of kitchen or other wastes into the toilet.

C. Performance. An applicant shall ensure that:

1. The composting toilet provides containment to prevent the discharge of toilet contents to the native soil except leachate, which may drain to the wastewater disposal works described in subsection (F);

2. The composting toilet limits access by vectors to the contained waste; and

3. Wastewater is disposed into the subsurface to prevent any wastewater from surfacing.

D. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), the applicant shall submit the following information:

1. Composting toilet.

a. The name and address of the composting toilet system manufacturer;

b. A copy of the manufacturer's warranty, and the specifications for installation operation, and maintenance;

c. The product model number;

d. Composting rate, capacity, and waste accumulation volume calculations;

e. Documentation of listing by a national listing organization indicating that the composting toilet meets the stated manufacturer's specifications for loading, treatment performance, and operation, unless the composting toilet is listed under R18-9-A309(E) or is a component of a reference design approved by the Department;

f. The method of vector control;

g. The planned method and frequency for disposing the composted human excrement residue; and

h. The planned method for disposing of the drainage from the composting unit; and

2. Wastewater.

a. The number of bedrooms in the dwelling or persons served on a daily basis, as applicable, and the corresponding design flow of the disposal works for the wastewater;

b. The results from soil evaluation or percolation testing that adequately characterize the soils into which the wastewater will be dispersed and the locations of soil evaluation and percolation testing on the site plan; and

c. The design for the disposal works in subsection (F), including the location of the interceptor, the location and configuration of the trench or bed used for wastewater dispersal, the location of connecting wastewater pipelines, and the location of the reserve area.

E. Design requirements for a composting toilet. An applicant shall ensure that:

1. The composting chamber is watertight, constructed of solid durable materials not subject to excessive corrosion or decay, and is constructed to exclude access by vectors;

2. The composting chamber has airtight seals to prevent odor or toxic gas from escaping into the building. The system may be vented to the outside;

3. The capacity of the chamber and rate of composting are calculated based on:

a. The lowest monthly average chamber temperature; or

b. The yearly average chamber temperature, if the composting toilet is designed to compost on a yearly cycle or longer; and

4. The composting system provides adequate storage of all waste produced during the months when the average temperature is below 55oF, unless a temperature control device is installed to increase the composting rate and reduce waste volume.

F. Design requirements for the disposal works.

1. Interceptor. An applicant shall ensure that the design complies with the following:

a. Wastewater passes into an interceptor before it is conducted to the subsurface for dispersal;

b. The interceptor is designed to remove grease, oil, fibers, and solids to ensure long-term performance of the trench or bed used for subsurface dispersal;

c. The interceptor is covered to restrict access and eliminate habitat for mosquitoes and other vectors; and

d. Minimum interceptor size is based on design flow.

i. For a dwelling, the following apply:

 

 

No. of
Bedrooms

Design Flow

(gallons

per day)

Minimum Interceptor Size (gallons)

Kitchen Wastewater Only

(All gray water sources are collected and reused)

Combined Non-Toilet Wastewater

(Gray water is not separated and reused)

1 (7 fixture units or less)

90

42

200

1-2 (greater than 7 fixture units)

180

84

400

3

270

125

600

4

330

150

700

5

380

175

800

6

420

200

900

7

460

225

1000

ii. For other than a dwelling, minimum interceptor size in gallons is 2.1 times the design flow from Table 1, Unit Design Flows.

2. Dispersal of wastewater. An applicant shall ensure that the design complies with the following:

a. A trench or bed is used to disperse the wastewater into the subsurface;

b. Sizing of the trench or bed is based on the design flow of wastewater as determined in subsection (F)(1)(d) and an SAR determined under R18-9-A312(D);

c. The minimum vertical separation from the bottom of the trench or bed to a limiting subsurface condition is at least 5 feet; and

d. Other aspects of trench or bed design follow R18-9-E302, as applicable.

3. Setback distances. Setback distances are no less than 1/4 of the setback distances specified in R18-9-A312(C), but not less than 5 feet, except the setback distance from wells is 100 feet.

G. Operation and maintenance requirements. A permittee shall:

1. Composting toilet.

a. Provide adequate mixing, ventilation, temperature control, moisture, and bulk to reduce fire hazard and prevent anaerobic conditions;

b. Follow manufacturer's specifications for addition of any organic bulking agent to control liquid drainage, promote aeration, or provide additional carbon;

c. Follow the manufacturer's specifications for operation and maintenance regarding movement of material within the composting chamber;

d. If batch system containers are mounted on a carousel, place a new container in the toilet area if the previous one is full;

e. Ensure that only human waste, paper approved for septic tank use, and the amount of bulking material required for proper maintenance is introduced to the composting chamber. The permittee shall remove all other materials or trash. If allowed by the manufacturer's specifications the permittee may add, other nonliquid compostable food preparation residues to the toilet;

f. Ensure that any liquid end product is:

i. Sprayed back onto the composting waste material;

ii. Removed by a person who licensed a vehicle under 18 A.A.C. 13, Article 11; or

iii. Is drained to the interceptor described in subsection (F);

g. Remove and dispose of composted waste as necessary, using a person who licensed a vehicle under 18 A.A.C. 13, Article 11 if the waste is not placed in a disposal area for burial or used on-site as mulch;

h. Before ending use for an extended period take measures to ensure that moisture is maintained to sustain bacterial activity and free liquids in the chamber do not freeze; and

i. After an extended period of non-use, empty the composting chamber of solid end product and inspect all mechanical components to verify that the mechanical components are operating as designed;

2. Wastewater Disposal Works.

a. Ensure that the interceptor is maintained regularly according to manufacturer's instructions to prevent grease and solid wastes from impairing performance of the trench or bed used for dispersal of wastewater, and

b. Protect the area of the trench or bed from soil compaction or other activity that will impair dispersal performance.

H. Reference design.

1. An applicant may use a composting toilet that achieves the performance requirements in subsection (C) by following a reference design on file with the Department.

2. The applicant shall file a form provided by the Department for supplemental information about the proposed system with the applicant's submittal of the Notice of Intent to Discharge.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

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