Reference Title: aquifer protection permits; unified permits

AN ACT
AMENDING SECTIONS 45-101, 45-2201, 49-104, 49-201, 49-203, 49-210, 49-221, 49-241, 49-241.01, 49-242, 49-243, 49-246, 49-250, 49-261 AND 49-262, ARIZONA REVISED STATUTES; REPEALING TITLE 49, CHAPTER 2, ARTICLE 10, ARIZONA REVISED STATUTES; AMENDING TITLE 49, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING A NEW ARTICLE 10; RELATING TO WATER QUALITY CONTROL.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-101, Arizona Revised Statutes, is amended to read:

45-101 . Definitions

In this title, unless the context otherwise requires:

1. "Appropriator" means the person or persons initiating or perfecting the right to use appropriable water based on state law, or the person's successor or successors in interest.

2. "Department" means the department of water resources.

3. "Director" means the director of water resources, who is also the director of the department.

4. "Effluent" means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to sections 49-361 and 49-362 TITLE 49, CHAPTER 2 . Such water remains effluent until it acquires the characteristics of groundwater or surface water.

5. "Groundwater" means water under the surface of the earth regardless of the geologic structure in which it is standing or moving. Groundwater does not include water flowing in underground streams with ascertainable beds and banks.

6. "Interstate stream" means any stream constituting or flowing along the exterior boundaries of this state, and any tributary originating in another state or foreign country and flowing into or through this state.

7. "Riparian area" means a geographically delineated area with distinct resource values, that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources. Riparian area does not include areas in or adjacent to ephemeral stream channels, artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water transportation, distribution, off-stream storage and collection systems.

8. "Sanitary sewer" means any pipe or other enclosed conduit that carries, among other substances, any water-carried wastes from the human body from residences, commercial buildings, industrial plants or institutions.

9. "Surface water" means the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, floodwater, wastewater or surplus water, and of lakes, ponds and springs on the surface. For the purposes of administering this title, surface water is deemed to include central Arizona project water.

Sec. 2. Section 45-2201, Arizona Revised Statutes, is amended to read:

45-2201 . Definitions

In this chapter, unless the context otherwise requires:

1. "Agricultural use" means water used primarily in the commercial production of agricultural crops or livestock, including domestic uses incidental to those uses, and used on tracts of land operated in units of more than five acres.

2. "Authority" means a water authority established under this chapter.

3. "Board" means the board of directors of the authority.

4. "Central Arizona project" means the reclamation project and works authorized by section 301 (a) of the Colorado river basin project act and constructed by the United States pursuant to the provisions of the Colorado river basin project act and contract between the United States and central Arizona water conservation district for delivery of water and repayment of costs of the central Arizona project.

5. "Colorado river water" means water from the main stream of the Colorado river.

6. "Conservation" means the preservation and planned management of water resources to ensure the future availability of water resources.

7. "Effluent" means water that has been collected in a sanitary sewer for subsequent treatment in a facility that is regulated pursuant to sections 49-361 and 49-362 TITLE 49, CHAPTER 2 . Such water remains effluent until it acquires the characteristics of groundwater or surface water.

8. "Industrial use" means a nonagricultural use of water not supplied by a city, town or private water company, including animal industry use and expanded animal industry use as defined in section 45-402.

9. "Multi-county water conservation district" means a multi-county district established under title 48, chapter 22, which has contracted with the United States for the repayment of the cost and for the delivery of the water supply in accordance with P.L. 90-537.

10. "Municipal use" means all nonagricultural uses of water supplied by a city, town, private water company or irrigation district.

11. "Municipal water provider" means a city, town, private water company or irrigation district that supplies water for a nonagricultural use.

12. "Private water company" means any entity that distributes or sells groundwater, except a political subdivision or any entity that is established pursuant to title 48 and that is not regulated as a public service corporation by the Arizona corporation commission under a certificate of public convenience and necessity.

13. "Tentatively allocated" means water of the main stem of the Colorado river water that has been recommended by the director to the secretary of the interior for allocation, but for which a contract with the secretary for delivery has not been signed.

14. "United States" means the secretary of the interior, acting for the United States department of interior, or his duly authorized representative.

Sec. 3. Section 49-104, Arizona Revised Statutes, is amended to read:

49-104 . Powers and duties of the department and director

A. The department shall:

1. Formulate policies, plans and programs to implement this title to protect the environment.

2. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises.

3. Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives.

4. Provide information and advice on request of any local, state or federal agencies and private persons and business enterprises on matters within the scope of the department.

5. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.

6. Make annual reports to the governor and the legislature on its activities, its finances and the scope of its operations.

7. Promote and coordinate the management of air resources to assure their protection, enhancement and balanced utilization consistent with the environmental policy of this state.

8. Promote and coordinate the protection and enhancement of the quality of water resources consistent with the environmental policy of this state.

9. Encourage industrial, commercial, residential and community development which maximizes environmental benefits and minimizes the effects of less desirable environmental conditions.

10. Assure the preservation and enhancement of natural beauty and man-made scenic qualities.

11. Provide for the prevention and abatement of all water and air pollution including that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids in accordance with article 3 of this chapter and chapters 2 and 3 of this title.

12. Promote and recommend methods for the recovery, recycling and reuse or, if recycling is not possible, the disposal of solid wastes consistent with sound health, scenic and environmental quality policies.

13. Prevent pollution through the regulation of the storage, handling and transportation of solids, liquids and gases which may cause or contribute to pollution.

14. Promote the restoration and reclamation of degraded or despoiled areas and natural resources.

15. Assist the department of health services in recruiting and training state, local and district health department personnel.

16. Participate in the state civil defense program and develop the necessary organization and facilities to meet wartime or other disasters.

17. Establish voluntary remediation programs, if appropriate, that provide for the review by the department of voluntary remediations. The department may adopt rules as necessary to implement the programs, including rules governing the director's waiver of procedural requirements otherwise applicable to remedial actions undertaken pursuant to programs authorized by this title. Any person who requests approval of a remedial action shall reimburse the department for the total reasonable costs for the review of the remedial action, including, if requested, the additional costs to the department to provide expedited review of the remedial action, unless the director waives all or a part of the reimbursement. The department may contract to provide expedited review. Costs that are reimbursed to the department by a party that obtains approval for the remedial action constitute remedial action costs that the party may recover from responsible parties.

18. Cooperate with the Arizona Mexico commission in the governor's office and with researchers at universities in this state to collect data on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona Mexico commission to assess the economic competitiveness of this state and of the state of Sonora, Mexico.

B. The department, through the director, shall:

1. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties.

2. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties.

3. Utilize any medium of communication, publication and exhibition when disseminating information, advertising and publicity in any field of its purposes, objectives or duties.

4. Adopt procedural rules that are necessary to implement the authority granted under this title, but that are not inconsistent with other provisions of this title.

5. Contract with other agencies including laboratories in furthering any department program.

6. Use monies, facilities or services to provide matching contributions under federal or other programs which further the objectives and programs of the department.

7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for department services and publications and to conduct programs which are consistent with the general purposes and objectives of this chapter. Monies received pursuant to this paragraph shall be deposited in the department fund corresponding to the service, publication or program provided.

8. Provide for the examination of any premises if the director has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed on the premises. The director shall give the owner or operator the opportunity for its representative to accompany the director on an examination of those premises. Within forty-five days after the date of the examination, the department shall provide to the owner or operator a copy of any report produced as a result of any examination of the premises.

9. Supervise sanitary engineering facilities and projects in this state, authority for which is vested in the department, and own or lease land on which sanitary engineering facilities are located, and operate the facilities, if the director determines that owning, leasing or operating is necessary for the public health, safety or welfare.

10. Adopt and enforce rules relating to plans and specifications APPROVING DESIGN DOCUMENTS for constructing, improving and operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter , requiring that the plans and specifications be first approved by the director or his designated agent before any work is begun, requiring inspection of the projects during construction and enforcing compliance with the approved plans and specifications .

11. Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and garbage collection and disposal for subdivisions. The rules shall:

(a) Provide for minimum sanitary facilities to be installed in the subdivision and may require that water systems plan for future needs and be of adequate size and capacity to deliver specified minimum quantities of drinking water and to treat all sewage.

(b) Provide that the plans and specifications DESIGN DOCUMENTS showing or describing the water supply, sewage disposal and garbage collection facilities be submitted with a fee to the department for review and that no lots in any subdivision be offered for sale before compliance with the standards and rules has been demonstrated by approval of the plans and specifications DESIGN DOCUMENTS by the department.

12. Prescribe reasonably necessary measures to prevent pollution of water used in public or semipublic swimming pools and bathing places and to prevent deleterious conditions at such places. The rules shall prescribe minimum standards for the design of and for sanitary conditions at any public or semipublic swimming pool or bathing place and provide for abatement as public nuisances of premises and facilities which do not comply with the minimum standards. The rules shall be developed in cooperation with the director of the department of health services and shall be consistent with the rules adopted by the director of the department of health services pursuant to section 36-136, subsection H, paragraph 11.

13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent the transmission of sewage borne or insect borne diseases. The rules shall:

(a) Prescribe minimum standards for the design of sewage collection systems and treatment, disposal and reclamation systems and for operating the systems.

(b) Provide for inspecting the premises, systems and installations and for abating as a public nuisance any collection system, process, treatment plant, disposal system or reclamation system which does not comply with the minimum standards.

(c) Require that the plans and specifications DESIGN DOCUMENTS for all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation systems be submitted with a fee for review to the department and may require that such plans and specifications THE DESIGN DOCUMENTS anticipate and provide for future sewage treatment needs.

(d) Prohibit REQUIRE THAT construction, reconstruction, installation or initiation of any sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on-site wastewater treatment facility or reclamation system before the approval of the plans and specifications and of the construction by the department after payment of the appropriate fees CONFORM WITH APPLICABLE REQUIREMENTS .

14. Prescribe reasonably necessary rules regarding excreta storage, handling, treatment, transportation and disposal. The rules shall:

(a) Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall provide for inspection of premises, processes and vehicles and for abating as public nuisances any premises, processes or vehicles which do not comply with the minimum standards.

(b) Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processes shall be licensed by the department subject to compliance with the rules.

15. Perform the responsibilities of implementing and maintaining a data automation management system to support the reporting requirements of title III of the superfund amendments and reauthorization act of 1986 (P.L. 99-499) and title 26, chapter 2, article 3.

16. Approve remediation levels pursuant to article 4 of this chapter.

17. Establish voluntary remediation programs, if appropriate, that provide for the review by the department of voluntary remediations. The department may adopt rules as necessary to implement the programs, including rules governing the director's waiver of procedural requirements otherwise applicable to remedial actions undertaken pursuant to programs authorized by this title. Any person who requests approval of a remedial action shall reimburse the department for the total reasonable costs for the review of the remedial action, including, if requested, the additional costs to the department to provide expedited review of the remedial action, unless the director waives all or a part of the reimbursement. The department may contract to provide expedited review. Costs that are reimbursed to the department by a party that obtains approval for the remedial action constitute remedial action costs that the party may recover from responsible parties.

C. The department may charge fees to cover the costs of all PERMITS AND inspections it performs to insure compliance with rules adopted under subsection B, paragraph 11 or 13 of this section 49-203, SUBSECTION A, PARAGRAPH 6 , except that state agencies are exempt from paying the fees. Monies collected pursuant to THIS subsection B, paragraphs 11 and 13 of this section shall be deposited in the water quality fee fund established by section 49-210. After appropriate fees are paid under such paragraphs, the department may approve construction of any facility.

D. The director may:

1. If he has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed, inspect any person or property in transit through this state and any vehicle in which the person or property is being transported and detain or disinfect the person, property or vehicle as reasonably necessary to protect the environment if a violation exists.

2. Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or required to do by law.

Sec. 4. Section 49-201, Arizona Revised Statutes, is amended to read:

49-201 . Definitions

In this chapter, unless the context otherwise requires:

1. "Administrator" means the administrator of the United States environmental protection agency.

2. "Aquifer" means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring.

3. "Best management practices" means those methods, measures or practices to prevent or reduce discharges and includes structural and nonstructural controls and operation and maintenance procedures. Best management practices may be applied before, during and after discharges to reduce or eliminate the introduction of pollutants into receiving waters. Economic, institutional and technical factors shall be considered in developing best management practices.

4. "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly known as "superfund".

5. "Clean closure" means implementation of all actions specified in a permit, if any, as closure requirements, as well as elimination, to the greatest degree practicable, of any reasonable probability of further discharge from the facility and of exceeding aquifer water quality standards at the applicable point of compliance. Clean closure also means postclosure monitoring and maintenance are unnecessary to meet the requirements of this chapter.

6. "Clean water act" means the federal water pollution control act amendments of 1972, as amended (P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1251 through 1376).

7. "Closed facility" means:

(a) A facility that ceased operation before January 1, 1986, that is not, on August 13, 1986, engaged in the activity for which the facility was designed and that was previously operated and for which there is no intent to resume operation.

(b) A facility that has been approved as a clean closure by the director.

(c) A facility at which any postclosure monitoring and maintenance plan, notifications and approvals required in a permit have been completed.

8. "Concentrated animal feeding operation" means an animal feeding operation that meets the criteria prescribed in 40 Code of Federal Regulations part 122, appendix B for determining a concentrated animal feeding operation for purposes of 40 Code of Federal Regulations sections 122.23 and 122.24, appendix C.

9. "Department" means the department of environmental quality.

10. "DIRECT REUSE" MEANS THE BENEFICIAL USE OF RECLAIMED WATER FOR SPECIFIC PURPOSES AUTHORIZED PURSUANT TO SECTION 49-203, SUBSECTION A, PARAGRAPH 6.

10. 11. "Director" means the director of environmental quality or the director's designee.

11. 12. "Discharge" means the direct or indirect addition of any pollutant to the waters of the state from a facility. For purposes of the aquifer protection permit program prescribed by article 3 of this chapter, discharge means the addition of a pollutant from a facility either directly to an aquifer or to the land surface or the vadose zone in such a manner that there is a reasonable probability that the pollutant will reach an aquifer.

12. 13. "Discharge impact area" means the potential areal extent of pollutant migration, as projected on the land surface, as the result of a discharge from a facility.

13. 14. "Discharge limitation" means any restriction, prohibition, limitation or criteria established by the director, through a rule, permit or order, on quantities, rates, concentrations, combinations, toxicity and characteristics of pollutants.

14. 15. "Environment" means navigable waters, any other surface waters, groundwater, drinking water supply, land surface or subsurface strata or ambient air, within or bordering on this state.

15. 16. "Existing facility" means a facility on which construction began before August 13, 1986 and which is neither a new facility nor a closed facility. For purposes of this definition construction on a facility has begun if the facility owner or operator has either:

(a) Begun, or caused to begin, as part of a continuous on-site construction program any placement, assembly or installation of a building, structure or equipment.

(b) Entered a binding contractual obligation to purchase a building, structure or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility engineering and design studies, do not constitute a contractual obligation for purposes of this definition.

16. 17. "Facility" means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice from which there is, or with reasonable probability may be, a discharge.

17. 18. "Hazardous substance" means:

(a) Any substance designated pursuant to sections 311(b)(2)(A) and 307(a) of the clean water act.

(b) Any element, compound, mixture, solution or substance designated pursuant to section 102 of CERCLA.

(c) Any hazardous waste having the characteristics identified under or listed pursuant to section 49-922.

(d) Any hazardous air pollutant listed under section 112 of the federal clean air act (42 United States Code section 7412).

(e) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the federal toxic substances control act (15 United States Code section 2606).

(f) Any substance which the director, by rule, either designates as a hazardous substance following the designation of the substance by the administrator under the authority described in subdivisions (a) through (e) of this paragraph or designates as a hazardous substance on the basis of a determination that such substance represents an imminent and substantial endangerment to public health.

18. 19. "Inert material" means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand and soil. Inert material also includes material that when subjected to a water leach test that is designed to approximate natural infiltrating waters will not leach substances in concentrations that exceed numeric aquifer water quality standards established pursuant to section 49-223, including overburden and wall rock that is not acid generating, taking into consideration acid neutralization potential, and that has not and will not be subject to mine leaching operations.

19. 20. "Major modification" means a physical change in an existing facility or a change in its method of operation that results in a significant increase or adverse alteration in the characteristics or volume of the pollutants discharged, or the addition of a process or major piece of production equipment, building or structure that is physically separated from the existing operation and that causes a discharge, provided that:

(a) A modification to a groundwater protection permit facility as defined in section 49-241.01, subsection C that would qualify for an area-wide permit pursuant to section 49-243, subsection P consisting of an activity or structure listed in section 49-241, subsection B shall not constitute a major modification solely because of that listing.

(b) For a groundwater protection permit facility as defined in section 49-241.01, subsection C, a physical expansion that is accomplished by lateral accretion or upward expansion within the pollutant management area of the existing facility or group of facilities shall not constitute a major modification if the accretion or expansion is accomplished through sound engineering practice in a manner compatible with existing facility design, taking into account safety, stability and risk of environmental release. For a facility described in section 49-241.01, subsection C, paragraph 1, expansion of a facility shall conform with the terms and conditions of the applicable permit. For a facility described in section 49-241.01, subsection C, paragraph 2, if the area of the contemplated expansion is not identified in the notice of disposal, the owner or operator of the facility shall submit to the director the information required by section 49-243, subsection A, paragraphs 1, 2, 3 and 7.

20. 21. "Navigable waters" means the waters of the United States as defined by section 502(7) of the clean water act (33 United States Code section 1362(7)).

21. 22. "New facility" means a previously closed facility that resumes operation or a facility on which construction was begun after August 13, 1986 on a site at which no other facility is located or to totally replace the process or production equipment that causes the discharge from an existing facility. A major modification to an existing facility is deemed a new facility to the extent that the criteria in section 49-243, subsection B, paragraph 1 can be practicably applied to such modification. For purposes of this definition construction on a facility has begun if the facility owner or operator has either:

(a) Begun, or caused to begin as part of a continuous on-site construction program, any placement, assembly or installation of a building, structure or equipment.

(b) Entered a binding contractual obligation to purchase a building, structure or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility engineering and design studies, do not constitute a contractual obligation for purposes of this definition.

22. 23. "Nonpoint source" means any conveyance which is not a point source from which pollutants are or may be discharged to navigable waters.

24. "ON-SITE WASTEWATER TREATMENT FACILITY" MEANS A CONVENTIONAL SEPTIC TANK SYSTEM OR ALTERNATIVE SYSTEM THAT IS INSTALLED AT A SITE TO TREAT AND DISPOSE OF WASTEWATER OF PREDOMINANTLY HUMAN ORIGIN THAT IS GENERATED AT THAT SITE.

23. 25. "Permit" means a written authorization issued by the director stating the conditions and restrictions governing a discharge or governing the construction, operation or modification of a facility.

24. 26. "Person" means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association , OR state, a political subdivision of this state, or A commission , or the United States government or a federal facility, interstate body or other entity.

25. 27. "Point source" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be discharged to navigable waters. Point source does not include return flows from irrigated agriculture.

26. 28. "Pollutant" means fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous or hazardous substances.

27. 29. "Postclosure monitoring and maintenance" means those activities THAT ARE conducted after closure notification AND that are necessary to:

(a) Keep the facility in compliance with aquifer water quality standards at the applicable point of compliance.

(b) Verify that the closure design has eliminated discharge to the extent intended.

(c) Perform any remedial or mitigative action necessary to comply with this chapter.

(d) Meet property use restrictions.

28. 30. "Practicably" means able to be reasonably done from the standpoint of technical practicability and, except for pollutants addressed in section 49-243, subsection I, economically achievable on an industry-wide basis.

31. "RECLAIMED WATER" MEANS WATER THAT HAS BEEN TREATED OR PROCESSED BY A WASTEWATER TREATMENT PLANT OR AN ON-SITE WASTEWATER TREATMENT FACILITY.

29. 32. "Regulated agricultural activity" means the application of nitrogen fertilizer or a concentrated animal feeding operation.

30. 33. "Safe drinking water act" means the federal safe drinking water act, as amended (P.L. 93-523; 88 Stat. 1660; 95-190; 91 Stat. 1393).

31. 34. "Standards" means water quality standards, pretreatment standards and toxicity standards established pursuant to this chapter.

32. 35. "Standards of performance" means performance standards, design standards, best management practices, technologically based standards and other standards, limitations or restrictions established by the director by rule or by permit condition.

33. 36. "Tank" means a stationary device, including a sump, which THAT is constructed of concrete, steel, plastic, fiberglass, or other non-earthen materials MATERIAL that provide PROVIDES substantial structural support, and that is designed to contain an accumulation of solid, liquid or gaseous materials.

34. 37. "Toxic pollutant" means a substance that will cause significant adverse reactions if ingested in drinking water. Significant adverse reactions are reactions that may indicate a tendency of a substance or mixture to cause long lasting or irreversible damage to human health.

35. 38. "Trade secret" means information to which all of the following apply:

(a) A person has taken reasonable measures to protect from disclosure and the person intends to continue to take such measures.

(b) The information is not, and has not been, reasonably obtainable without the person's consent by other persons, other than governmental bodies, by use of legitimate means, other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding.

(c) No statute specifically requires disclosure of the information to the public.

(d) The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business's competitive position.

36. 39. "Vadose zone" means the zone between the ground surface and any aquifer.

37. 40. "Waters of the state" means all waters within the jurisdiction of this state including all perennial or intermittent streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, aquifers, springs, irrigation systems, drainage systems and other bodies or accumulations of surface, underground, natural, artificial, public or private water situated wholly or partly in or bordering on the state.

38. 41. "Well" means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension.

Sec. 5. Section 49-203, Arizona Revised Statutes, is amended to read:

49-203 . Powers and duties of the director and department

A. The director shall:

1. Adopt, by rule, water quality standards in the form and subject to the considerations prescribed by article 2 of this chapter.

2. Adopt, by rule, a permit program for the point source discharge of any pollutant or combination of pollutants into navigable waters. The program and the rules shall be sufficient to enable this state to administer the permit program described in the clean water act.

3. Adopt, by rule, a program to control nonpoint source discharges of any pollutant or combination of pollutants into navigable waters.

4. Adopt, by rule, an aquifer protection permit program to control discharges of any pollutant or combination of pollutants which are reaching or may with a reasonable probability reach an aquifer. The permit program shall be as prescribed by article 3 of this chapter.

5. Adopt, by rule, the permit program for underground injection control described in the safe drinking water act.

6. ADOPT, BY RULE, TECHNICAL STANDARDS FOR CONVEYANCES OF RECLAIMED WATER AND A PERMIT PROGRAM FOR THE DIRECT REUSE OF RECLAIMED WATER.

6. 7. Adopt, by rule or as permit conditions, such discharge limitations, best management practice standards, new source performance standards, toxic and pretreatment standards and such other standards and conditions as are reasonable and necessary to carry out the permit programs and regulatory duties described in paragraphs 2 through 5 of this subsection.

7. 8. Assess and collect fees to cover, as necessary, reasonable costs to revoke, issue, deny, modify or suspend permits issued pursuant to this chapter and to process permit applications. The director may also assess and collect costs reasonably necessary if the director must conduct sampling or monitoring relating to a facility because the owner or operator of the facility has refused or failed to do so on order by the director. The director shall set fees which are reasonably related to the department's costs of providing the service for which the fee is charged. State agencies are exempt from all fees imposed pursuant to this chapter. Monies collected from aquifer protection permit fees shall be transmitted to the state treasurer for deposit in the water quality fee fund established in BY section 49-210. Monies from other permit fees shall be transmitted to the state treasurer for deposit in the water quality fee fund unless otherwise provided by law. Except for monies paid by an applicant for review by consultants for the department pursuant to section 49-241.02, subsection D or 49-362 , monies collected from all other fees shall be transmitted to the state treasurer for deposit in the water quality fee fund established pursuant to BY section 49-210.

8. 9. Adopt, modify, repeal and enforce other rules which are reasonably necessary to carry out his THE DIRECTOR'S functions under this chapter.

9. 10. Require monitoring at an appropriate point of compliance for any organic or inorganic pollutant listed under section 49-243, subsection I if the director has reason to suspect the presence of the pollutant in a discharge.

10. 11. Adopt rules establishing what constitutes a significant increase or adverse alteration in the characteristics or volume of pollutants discharged for purposes of determining what constitutes a major modification to an existing facility under the definition of new facility pursuant to section 49-201. Prior to the adoption of these rules, the director shall determine whether a change at a particular facility results in a significant increase or adverse alteration in the characteristics or volume of pollutants discharged on a case by case basis, taking into account site conditions and operational factors.

B. The director may:

1. On presentation of credentials, enter into, on or through any public or private property from which a discharge has occurred, is occurring or may occur, as is reasonably necessary to ensure compliance with this chapter. The director or a department employee may take samples, inspect and copy records required to be maintained pursuant to this chapter, inspect equipment, activities, facilities and monitoring equipment or methods of monitoring, take photographs and take other action reasonably necessary to determine the application of, or compliance with, this chapter. The owner or managing agent of the property shall be afforded the opportunity to accompany the director or department employee during inspections and investigations, but prior notice of entry to the owner or managing agent is not required if reasonable grounds exist to believe that such notice would frustrate the enforcement of this chapter. If the director or department employee obtains any samples before leaving the premises, he shall give the owner or managing agent a receipt describing the samples obtained and a portion of each sample equal in volume or weight to the portion retained. If an analysis is made of samples, or monitoring and testing are performed, a copy of the results shall be furnished promptly to the owner or managing agent.

2. Require any person who has discharged, is discharging or may discharge into the waters of the state to establish and maintain records, including photographs, relating to the discharge and to install, use and maintain sampling and monitoring equipment to determine the absence or presence and nature of the discharge.

3. Administer state or federal grants, including grants to political subdivisions of this state, for the construction and installation of publicly and privately owned pollutant treatment works and pollutant control devices and establish grant application priorities.

4. Develop, implement and administer a water quality planning process, including a ranking system for applicant eligibility, wherein appropriated state monies and available federal monies are awarded to political subdivisions of this state to support or assist regional water quality planning programs and activities.

5. Enter into contracts and agreements with the federal government to implement federal environmental statutes and programs.

6. Enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3 if the agreement is necessary to more effectively administer the powers and duties described in this chapter.

7. Participate in, conduct and contract for studies, investigations, research and demonstrations relating to the causes, minimization, prevention, correction, abatement, mitigation, elimination, control and remedy of discharges and collect and disseminate information relating to discharges.

8. File bonds or other security as required by a court in any enforcement actions under article 4 of this chapter.

C. Subject to the provisions of section 38-503 and other applicable statutes and rules, the department may contract with a private consultant for the purposes of assisting the department in reviewing aquifer protection permit applications and on-site wastewater treatment facilities to determine whether a facility meets the criteria and requirements of this chapter and the rules adopted by the director. Except as provided in section 49-241.02, subsection D and section 49-362 , the department shall not use a private consultant if the fee charged for that service would be greater than the fee the department would charge to provide that service. The department shall pay the consultant for the services rendered by the consultant from fees paid by the applicant or facility to the department pursuant to section 49-203, subsection A, paragraph 7 8 OF THIS SECTION .

D. The director shall integrate all of the programs authorized in this section and such other programs affording water quality protection which are administered by the department for purposes of administration and enforcement and shall avoid duplication and dual permitting to the maximum extent practicable.

Sec. 6. Section 49-210, Arizona Revised Statutes, is amended to read:

49-210 . Water quality fee fund; appropriation; exemption

A. The water quality fee fund is established in the state treasury consisting of monies appropriated by the legislature and fees received pursuant to sections 49-104, 49-203, 49-241, 49-242, 49-332 , AND 49-353 and 49-362 . The director shall administer the fund.

B. Monies in the fund are subject to annual legislative appropriation to the department for water quality programs. Monies in the fund are exempt from the provisions of section 35-190 , relating to lapsing of appropriations.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

D. Monies in the water quality fee fund shall be used for the following purposes:

1. The issuance of aquifer protection permits pursuant to section 49-241.

2. The aquifer protection permit registration fee procedures pursuant to section 49-242.

3. Dry well registration fee procedures pursuant to section 49-332.

4. Technical review fee procedures as defined in PURSUANT TO section 49-353.

5. Inspection fee procedures as defined in section 49-362 PURSUANT TO SECTION 49-104, SUBSECTION C .

Sec. 7. Section 49-221, Arizona Revised Statutes, is amended to read:

49-221 . Water quality standards in general

A. The director shall adopt, by rule, water quality standards for all navigable waters and for all waters in all aquifers to preserve and protect the quality of those waters for all present and reasonably foreseeable future uses.

B. The director may adopt, by rule, water quality standards for waters of the state other than those described in subsection A of this section, including standards for the use of water pumped from an aquifer that does not meet the standards adopted pursuant to section 49-223, subsections A and B and that is put to a beneficial use other than drinking water. These standards may include standards for the use of water pumped as part of a remedial action. In adopting such standards, the director shall consider the economic, social and environmental costs and benefits that would result from the adoption of a water quality standard at a particular level or for a particular water category.

C. In setting standards PURSUANT TO SUBSECTION A OR B OF THIS SECTION , the director shall consider, but not be limited to, the following:

1. The protection of the public health and the environment.

2. The uses which have been made, are being made or with reasonable probability may be made of these waters.

3. The provisions and requirements of the clean water act and safe drinking water act and the regulations adopted pursuant to those acts.

4. The degree to which standards for one category of waters could cause violations of standards for other, hydrologically connected, water categories.

5. Guidelines, action levels or numerical criteria adopted or recommended by the United States environmental protection agency or any other federal agency.

6. Any unique physical, biological or chemical properties of the waters.

D. Water quality standards shall be expressed in terms of the uses to be protected and, if adequate information exists to do so, numerical limitations or parameters, in addition to any narrative standards which the director may deem appropriate.

E. THE DIRECTOR MAY ADOPT BY RULE WATER QUALITY STANDARDS FOR THE DIRECT REUSE OF RECLAIMED WATER. IN ESTABLISHING THESE STANDARDS THE DIRECTOR SHALL CONSIDER THE FOLLOWING:

1. THE PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT.

2. THE USES THAT ARE BEING MADE OR MAY BE MADE OF THE RECLAIMED WATER.

3. THE DEGREE TO WHICH STANDARDS FOR THE DIRECT REUSE OF RECLAIMED WATER MAY CAUSE VIOLATIONS OF WATER QUALITY STANDARDS FOR OTHER HYDROLOGICALLY CONNECTED WATER CATEGORIES.

Sec. 8. Section 49-241, Arizona Revised Statutes, is amended to read:

49-241 . Permit required to discharge

A. Unless otherwise provided by this article, any person who discharges or who owns or operates a facility that discharges shall obtain an aquifer protection permit from the director.

B. Unless exempted under section 49-250, or unless the director determines that the facility will be designed, constructed and operated so that there will be no migration of pollutants directly to the aquifer or to the vadose zone, the following are considered to be discharging facilities and shall be operated pursuant to either an individual permit or a general permit, including agricultural general permits, under this article:

1. Surface impoundments including holding, storage settling, treatment or disposal pits, ponds and lagoons.

2. Solid waste disposal facilities except for mining overburden and wall rock that has not been and will not be subject to mine leaching operations.

3. Injection wells.

4. Land treatment facilities.

5. Facilities which add a pollutant to a salt dome formation, salt bed formation, dry well or underground cave or mine.

6. Mine tailings piles and ponds.

7. Mine leaching operations.

8. Septic tank systems with a capacity of greater than two thousand gallons per day.

9. 8. Underground water storage facilities.

10. 9. Point source discharges to navigable waters.

11. 10. Sewage or wastewater treatment facilities , INCLUDING ON-SITE WASTEWATER TREATMENT FACILITIES .

12. 11. Wetlands designed and constructed to treat municipal and domestic wastewater for underground storage.

C. The director shall provide public notice and an opportunity for public comment on any request for a determination from the director under subsection B of this section that there will be no migration of pollutants from a facility. A public hearing may be held at the discretion of the director if sufficient public comment warrants a hearing. The director may inspect and may require reasonable conditions and appropriate monitoring and reporting requirements for a facility managing pollutants that are determined not to migrate under subsection B of this section. The director may identify types of facilities, available technologies and technical criteria for facilities that will qualify for such a determination. The director's determination may be revoked on evidence that pollutants have migrated from the facility. The director may impose a review fee for a determination under subsection B of this section. Any issuance, denial or revocation of a determination may be appealed pursuant to section 49-323.

D. Not later than January 1, 1992, The director shall publish a list of the names and locations of existing facilities that are required to obtain an aquifer protection permit. THE DIRECTOR MAY REVISE THE LIST AS NEEDED. The ANY REVISED list shall contain deadlines for the submittal of applications for aquifer protection permits, based on the degree of risk to the public health and welfare and the environment and based on a work plan of the director designed to process all applications for an aquifer protection permit no later than January 1, 2001 2004 FOR NONMINING FACILITIES AND NO LATER THAN JANUARY 1, 2006 FOR MINING FACILITIES .

E. Beginning January 1, 1993, The director shall publish annually the fee schedule for aquifer protection permit applications and a list of the names and locations of the facilities that have filed applications for aquifer protection permits, with a description of the status of each application.

F. The director shall prescribe the procedures for aquifer protection permit applications and fee collection under this section. The director shall transmit all monies collected under this section to the state treasurer for deposit in the water quality fee fund established by section 49-210 and may authorize expenditures from the fund, subject to legislative appropriation, to pay reasonable and necessary costs of processing and issuing permits and administering the registration program.

Sec. 9. Section 49-241.01, Arizona Revised Statutes, is amended to read:

49-241.01 . Groundwater protection permit facilities; schedule; definition

A. The director shall complete the issuance or denial of aquifer protection permits or clean closure approval for all groundwater protection permit facilities on the following schedule:

1. By January 1, 1995, at least one-third of all groundwater protection permit facilities.

2. By January 1, 1998, at least two-thirds of all groundwater protection permit facilities.

3. By January 1, 2001, all groundwater protection permit facilities.

1. BY JANUARY 1, 2004, FOR ALL GROUNDWATER PROTECTION PERMITS FOR NONMINING FACILITIES.

2. BY JANUARY 1, 2006, FOR ALL GROUNDWATER PROTECTION PERMITS FOR MINING FACILITIES.

B. The failure by the director to issue or deny an aquifer protection permit for a groundwater protection permit facility within the time prescribed by this section does not excuse a person from continuing to comply with all statutory and regulatory requirements applicable to that person's facility.

C. For purposes of this section, "groundwater protection permit facility" means either of the following:

1. A facility for which a groundwater quality protection permit was issued pursuant to the Arizona administrative code and for which an aquifer protection permit has never been issued.

2. A facility for which a notice of disposal was filed pursuant to the Arizona administrative code and for which an aquifer protection permit has never been issued.

Sec. 10. Section 49-242, Arizona Revised Statutes, is amended to read:

49-242 . Procedural requirements for individual permits; annual registration of permittees; fee

A. The director shall prescribe, by rule, requirements for issuing, denying, suspending or modifying individual permits, including requirements for submitting notices, permit applications and any additional information necessary to determine whether an individual permit should be issued, and shall prescribe conditions and requirements for individual permits.

B. Each owner of an injection well, a land treatment facility, a dry well, a septic tank system AN ON-SITE WASTEWATER TREATMENT FACILITY with a capacity of more than two THREE thousand gallons per day or a facility which discharges to navigable waters to whom an individual permit is issued shall register the permit with the director each year and pay an annual registration fee based on the daily discharge of pollutants pursuant to subsection D of this section.

C. Each owner of a surface impoundment, a facility which adds a pollutant to a salt dome formation, salt bed formation, underground cave or mine, a mine tailings pile or pond, a mine leaching operation, a sewage or sludge pond or a wastewater treatment facility to whom an individual permit is issued shall register the permit with the director each year and pay an annual registration fee based on the daily influent of pollutants pursuant to subsection D of this section.

D. The annual registration fee shall be determined as follows:

Discharge or Influent Per Day Under the Permit

(In gallons)

2,000 3,000 to 9,999

10,000 to 99,999

100,000 to 999,999

1,000,000 to 9,999,999

10,000,000 or more

E. The director shall prescribe the procedures to register the permit and collect the fee under this section. The director shall deposit all monies collected under this section in the water quality fee fund established by section 49-210 and may authorize expenditures from the fund to pay the reasonable and necessary costs of administering the registration program.

Sec. 11. Section 49-243, Arizona Revised Statutes, is amended to read:

49-243 . Information and criteria for issuing individual permit; definition

A. The director shall consider, and the applicant for an individual permit may be required to furnish with the application, the following information:

1. The design of the discharge facility. When formal as-built submittals are unavailable, the applicant shall provide sufficient documentation to allow evaluation of those elements of the facility affecting discharge pursuant to the demonstration required in subsection B, paragraph 1 of this section.

2. A description of how the facility will be operated.

3. Existing and proposed pollutant control measures.

4. A hydrogeologic study defining and characterizing the discharge impact area, including the vadose zone.

5. The use of water from aquifers in the discharge impact area.

6. The existing quality of the water in the aquifers in the discharge impact area.

7. The characteristics of the pollutants discharged by the facility.

8. Closure strategy.

9. Any other relevant federal or state permits issued to the applicant.

10. Any other relevant information the director may require.

B. The director shall issue a permit to a person for a facility other than water storage at a storage facility pursuant to title 45, chapter 3.1 if the person demonstrates that either paragraphs 1 and 2 or paragraphs 1 and 3 of this subsection will be met:

1. That the facility will be so designed, constructed and operated as to ensure the greatest degree of discharge reduction achievable through application of the best available demonstrated control technology, processes, operating methods or other alternatives, including, where practicable, a technology permitting no discharge of pollutants. In determining best available demonstrated control technology, processes, operating methods or other alternatives , the director shall take into account ANY TREATMENT PROCESS CONTRIBUTING TO THE DISCHARGE, site specific hydrologic and geologic characteristics and other environmental factors, the opportunity for water conservation or augmentation and economic impacts of the use of alternative technologies, processes or operating methods on an industry-wide basis. A discharge reduction to an aquifer achievable solely by means of site specific characteristics does not, in itself, constitute compliance with this paragraph. The requirements of this paragraph for wetlands designed and constructed to treat municipal and domestic wastewater for underground storage pursuant to section 49-241, subsection B, paragraph 12, 11 may be met by including seepage through the bottom of the facility if it is demonstrated that site characteristics can act to achieve performance levels established as the best available demonstrated control technology by the director. In addition, the director shall consider the following factors for existing facilities:

(a) Toxicity, concentrations and quantities of discharge likely to reach an aquifer from various types of control technologies.

(b) The total costs of the application of the technology in relation to the discharge reduction to be achieved from such application.

(c) The age of equipment and facilities involved.

(d) The industrial and control process employed.

(e) The engineering aspects of the application of various types of control techniques.

(f) Process changes.

(g) Non-water quality environmental impacts.

(h) The extent to which water available for beneficial uses will be conserved by a particular type of control technology.

2. That pollutants discharged will in no event cause or contribute to a violation of aquifer water quality standards at the applicable point of compliance for the facility.

3. That no pollutants discharged will further degrade at the applicable point of compliance the quality of any aquifer that at the time of the issuance of the permit violates the aquifer quality standard for that pollutant.

C. An applicant shall satisfy the requirements of subsection B, paragraph 1 of this section either by making a demonstration that the facility will meet the criteria of that paragraph or by agreeing to utilize the appropriate presumptive controls adopted by the director pursuant to section 49-243.01, subsection A.

D. In assessing technology, processes, operating methods and other alternatives for purposes of this section, "practicable" means able to be reasonably done from the standpoint of technical practicality and, except for pollutants addressed in subsection I of this section, economically achievable on an industry-wide basis.

E. The determination of economic impact on an industry-wide basis for purposes of subsection B, paragraph 1 of this section shall take into account differences in industry sectors, the type and size of the operation and the reasonableness of applying controls in an arid or semiarid setting.

F. Control measures designed to further reduce discharge may not be required if the director determines that site specific conditions, in conjunction with technology, processes, operating methods or other alternatives are sufficient to meet the requirements of subsection B, paragraph 1 of this section.

G. A discharging facility at an open pit mining operation shall be deemed to satisfy the requirements of subsection B, paragraph 1 of this section if the director determines that both of the following conditions are satisfied:

1. The mine pit creates a passive containment that is sufficient to capture the pollutants discharged and that is hydrologically isolated to the extent that it does not allow pollutant migration from the capture zone. For purposes of this paragraph, "passive containment" means natural or engineered topographical, geological or hydrological control measures that can operate without continuous maintenance. Monitoring and inspections to confirm performance of the passive containment do not constitute maintenance.

2. The discharging facility employs additional processes, operating methods or other alternatives to minimize discharge.

H. The director shall issue a permit to a person for water storage at a storage facility proposed under title 45, chapter 3.1 if the person demonstrates that the facility will be so designed, constructed and operated as to ensure that the project will not cause or contribute to the violation of any standard adopted pursuant to section 49-223 at the applicable point of compliance for the facility.

I. With respect to the following pollutants, the permit applicant for a new facility must meet the criteria of subsection B, paragraph 1 of this section to limit discharges to the maximum extent practicable regardless of cost:

1. Any organic substance listed by the secretary of the department of health and human services pursuant to 42 United States Code section 241 (b)(4), as known to be carcinogens or reasonably anticipated to be carcinogens.

2. Any organic substance listed in 40 Code of Federal Regulations section 261.33(e), regardless of whether the substance is a waste subject to regulation under the resource conservation recovery act (P.L. 94-580; 90 Stat. 2795).

3. Any organic toxic pollutant that the director lists by rule after determining that minute amounts of that pollutant in drinking water will present a substantial short-term or long-term human health threat.

J. The director may, by rule, prescribe requirements for issuing a single permit applicable to all similar facilities under common ownership and located in a contiguous geographic area in lieu of an individual permit for each facility.

K. The director shall consider and may prescribe in the permit the following terms and conditions as necessary to ensure compliance with this article:

1. Monitoring requirements.

2. Record keeping and reporting requirements.

3. Contingency plan requirements.

4. Discharge limitations.

5. Compliance schedule requirements.

6. Closure requirements and, for a facility that cannot achieve clean closure, postclosure monitoring and maintenance requirements.

7. Alert levels which, when exceeded, may require adjustments of permit conditions or appropriate actions as are required by the contingency plans.

8. Such other terms and conditions as the director deems necessary to ensure compliance with this article.

L. The director may include in an aquifer protection permit for an existing facility the requirement that the owner or operator of the facility undertake a remedial action, as defined in section 49-281, to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the state resulting from a discharge that occurred before August 13, 1986, if the following conditions are met:

1. The selection of remedial action including the level and extent of cleanup was determined according to the criteria in section 49-282.06, and the rules adopted pursuant to that section.

2. The pollutant that was discharged constituted a hazardous substance.

M. The director may include in an aquifer protection permit as a condition the mitigation measures described in an order issued under section 49-286.

N. The director may deny a permit for a facility if he determines that the applicant is incapable of fully carrying out the terms and conditions of the permit, including any conditions that require monitoring or installing and maintaining discharge control measures. The director may require the applicant to furnish information, such as past performance, including compliance with or violations of similar laws or rules, and technical and financial competence, relevant to its capability to comply with the permit terms and conditions. For the purposes of evaluating an applicant's financial competence for closure, the director may consider a closure strategy and cost estimate rather than a detailed closure plan. A demonstration of financial responsibility made for a facility as prescribed by section 49-770 shall suffice, in whole or in part, for any demonstration of financial responsibility prescribed by this section. A demonstration of financial assurance or competence required under this section or section 49-770 for a facility shall not be required prior to completion of construction but shall be required before the department issues approval to operate. Financial information required to be supplied under this subsection is confidential.

O. The director shall require an applicant for an individual permit to submit evidence that the discharging facility complies with applicable municipal or county zoning ordinances and regulations. The director shall not issue the permit unless it appears from the evidence submitted by the applicant that the facility complies with the applicable zoning ordinances and regulations.

P. The director may issue a single area-wide permit applicable to facilities under common ownership and located in a contiguous geographic area in lieu of an individual permit for each facility. In issuing an area-wide permit, the demonstration required under subsection B, paragraphs 2 and 3 of this section may be considered collectively for all facilities included in the permit. The director may evaluate discharge reduction collectively for existing facilities in the pollutant management area by considering any one or all of the factors set forth in subsection B, paragraph 1, subdivisions (a) through (h) of this section. The director may consolidate those permit conditions listed in subsection K of this section that have general applicability to the facilities included in the area-wide permit. An area-wide permit shall specify all of the following:

1. A description of the pollutant management area and point or points of compliance.

2. Those facilities that have been evaluated individually for meeting the criteria in subsection B, paragraph 1 of this section and are included in the area-wide permit.

3. For multiple facilities within the pollutant management area that are substantially similar in nature and, considered alone, would have a small discharge impact area compared to other facilities in the area, narrative permit conditions may be used to define the best available demonstrated control technology, processes, operating methods or other alternatives consistent with subsection B, paragraph 1 of this section replacing the need for an individual technical review.

4. A compliance schedule for submittal and evaluation of information regarding design and discharge for existing facilities within the pollutant management area that, because of the small size, quantity or quality of discharge, or physical location with regard to the point or points of compliance, the director has determined that review for the purposes of subsection B, paragraph 1 of this section shall be conducted in the future. In determining the requirements and length of a compliance schedule for an area-wide permit, the director shall consider the character and impact of the discharge, the nature of the activities necessary to prepare appropriate technical submittals, the number of persons potentially affected by the discharge, the current state of treatment technology, and the age of the facility.

Q. The director may expedite processing of an aquifer protection permit application by a permit applicant who proposes a new facility to discharge liquids that do not contain any pollutant in a concentration that exceeds a numeric aquifer water quality standard. The director shall not require the applicant to complete a hydrogeologic study in order to obtain the permit unless the permit applicant is relying on site specific characteristics to meet the requirements of subsection B, paragraph 1 of this section or unless the study is necessary to demonstrate compliance with narrative aquifer water quality standards. Applications made pursuant to this subsection shall have precedence and be considered by the department before all other aquifer protection permit applications.

Sec. 12. Section 49-246, Arizona Revised Statutes, is amended to read:

49-246 . Criteria for developing best management practices

A. Pursuant to section 49-245, the director may issue a general permit for facilities requiring implementation of best management practices appropriate to the class of discharges to be regulated. The director shall:

1. Identify the aquifer water quality problem which must be addressed , and determine that protection of aquifer water quality standards can be accomplished through development and implementation of a best management practice for the class of discharge.

2. Assign a specific advisory committee to create the specific class best management practice to regulate the problem and report its recommendations to the director on a specified schedule.

3. On issuing a general permit containing best management practices, make a reasonable effort to notify persons conducting or managing the activity subject to the best management practices of the requirements of the best management practices contained in the general permit.

B. The director may establish best management practices for the following facilities or activities:

1. On-site facilities for urban runoff.

2. Storm sewers.

3. Urban runoff.

4. Silvicultural activities.

5. Septic tank systems with a capacity not greater than two thousand gallons per day .

C. The director may by rule establish best management practices for additional facilities or activities pursuant to this section, if all of the following apply:

1. The facilities or activities meet the criteria in section 49-245, subsection A, paragraphs 1 and 2.

2. The individual facilities or activities within the class are conducted over a large geographic area.

Sec. 13. Section 49-250, Arizona Revised Statutes, is amended to read:

49-250 . Exemptions

A. The director may, by rule, exempt specifically described classes or categories of facilities from the aquifer protection permit requirements of this article on a finding either that there is no reasonable probability of degradation of the aquifer or that aquifer water quality will be maintained and protected because the discharges from such facilities are regulated under other federal or state programs that provide the same or greater aquifer water quality protection as provided by this article.

B. The following are exempt from the aquifer protection permit requirement of this article:

1. Household and domestic activities.

2. Household gardening, lawn watering, lawn care, landscape maintenance and related activities.

3. The noncommercial use of consumer products generally available to and used by the public.

4. Ponds used for watering livestock and wildlife.

5. Mining overburden returned to the excavation site including any common material which has been excavated and removed from the excavation site and has not been subjected to any chemical or leaching agent or process of any kind.

6. Facilities used solely for surface transportation or storage of GROUNDWATER, surface water FOR BENEFICIAL USE OR RECLAIMED WATER THAT IS REGULATED PURSUANT TO SECTION 49-203, SUBSECTION A, PARAGRAPH 6 for beneficial use or groundwater. This exemption does not apply if effluent from any waste treatment facility that is regulated pursuant to sections 49-361 and 49-362 is added to the water after its original point of diversion .

7. Discharge to a community sewer system.

8. Facilities which are defined and THAT ARE required to obtain a permit to FOR THE DIRECT reuse OF reclaimed wastewater WATER .

9. Leachate resulting from the direct, natural infiltration of precipitation through undisturbed regolith or bedrock if pollutants are not added to the leachate as a result of any material or activity placed or conducted by man on the ground surface.

10. Surface impoundments used solely to contain storm runoff, except for surface impoundments regulated by the federal clean water act.

11. Closed facilities. However, if the facility ever resumes operation the facility shall obtain an aquifer protection permit and the facility shall be treated as a new facility for purposes of section 49-243.

12. Facilities for the storage of water pursuant to title 45, chapter 3.1 that is transported or stored in a facility which is exempt pursuant to paragraph 6 of this subsection UNLESS RECLAIMED WATER IS ADDED .

13. Facilities using central Arizona project water for underground storage and recovery projects under title 45, chapter 3.1, article 6.

14. Water storage at a groundwater saving facility that has been permitted under title 45, chapter 3.1.

15. Application of water from any source, including groundwater, surface water or wastewater, to grow agricultural crops or for landscaping purposes, except as provided in section 49-247.

16. Discharges to a facility that is exempt pursuant to paragraph 6 of this subsection if those discharges are regulated pursuant to 33 United States Code section 1342.

17. Solid waste and special waste facilities when rules addressing aquifer protection are adopted by the director pursuant to section 49-761 or 49-855 and those facilities obtain plan approval pursuant to those rules. This exemption shall only apply if the director determines that aquifer water quality standards will be maintained and protected because the discharges from those facilities are regulated under rules adopted pursuant to section 49-761 or 49-855 that provide aquifer water quality protection that is equal to or greater than aquifer water quality protection provided pursuant to this article.

18. Facilities used in:

(a) Corrective actions taken pursuant to chapter 6, article 1 of this title in response to a release of a regulated substance as defined in section 49-1001 except for those off-site facilities that receive for treatment or disposal materials that are contaminated with a regulated substance and that are received as part of a corrective action.

(b) Response or remedial actions undertaken pursuant to chapter 2, article 5 of this title CHAPTER or pursuant to CERCLA.

(c) Corrective actions taken pursuant to chapter 5, article 1 of this title or the resource conservation and recovery act of 1976, as amended (42 United States Code sections 6901 through 6992).

(d) Other remedial actions which have been reviewed and approved by the appropriate governmental authority and taken pursuant to applicable federal or state laws.

19. Municipal solid waste landfills as defined in section 49-701 that have solid waste facility plan approval pursuant to section 49-762.

20. Storage, treatment or disposal of inert material.

21. Structures THAT ARE designed and constructed not to discharge , which AND THAT are built on an impermeable barrier that can be visually inspected for leakage.

22. Pipelines and tanks designed, constructed, operated and regularly maintained so as not to discharge.

23. Surface impoundments and dry wells that are used to contain storm water in combination with discharges from one or more of the following activities or sources:

(a) Fire fighting system testing and maintenance.

(b) Potable water sources, including waterline flushings.

(c) Irrigation drainage and lawn watering.

(d) Routine external building wash down without detergents.

(e) Pavement wash water where no spills or leaks of toxic or hazardous material have occurred unless all spilled material has first been removed and no detergents have been used.

(f) Air conditioning, compressor and steam equipment condensate that has not contacted a hazardous or toxic material.

(g) Foundation or footing drains in which flows are not contaminated with process materials.

(h) Occupational safety and health administration or mining safety and health administration safety equipment.

24. Industrial wastewater treatment facilities designed, constructed and operated as required by section 49-243, subsection B, paragraph 1 and using a treatment system approved by the director to treat wastewater to meet aquifer water quality standards prior to discharge, if that water is stored at a groundwater storage facility pursuant to title 45, chapter 3.1.

Sec. 14. Section 49-261, Arizona Revised Statutes, is amended to read:

49-261 . Compliance orders; appeal; enforcement

A. If the director determines that a person is in violation of A RULE ADOPTED OR A CONDITION OF A PERMIT ISSUED PURSUANT TO SECTION 49-203, SUBSECTION A, PARAGRAPH 6, any provision of article 2 or 3 of this chapter, a rule adopted pursuant to article 2 or 3 of this chapter, a discharge limitation or any other condition of a permit issued under article 2 or 3 of this chapter or is creating an imminent and substantial endangerment to the public health or environment, the director may issue an order requiring compliance within a reasonable time period.

B. A compliance order shall state with reasonable specificity the nature of the violation, a time for compliance if applicable and the right to a hearing.

C. A compliance order shall be transmitted to the alleged violator by certified mail, return receipt requested, or by personal service.

D. A compliance order becomes final and enforceable in the superior court unless within thirty days after the receipt of the order the alleged violator requests a hearing before an administrative law judge. If a hearing is requested, the order does not become final until the administrative law judge has issued a final decision on the appeal. Appeals shall be conducted according to section 49-321.

E. At the request of the director the attorney general may commence an action in superior court to enforce orders issued under this section once an order becomes final.

Sec. 15. Section 49-262, Arizona Revised Statutes, is amended to read:

49-262 . Injunctive relief; civil penalties; recovery of litigation costs

A. If the director has reason to believe that a person is in violation of any provision of article 2 or 3 of this chapter, a rule adopted pursuant to SECTION 49-203, SUBSECTION A, PARAGRAPH 6 FROM AND AFTER DECEMBER 31, 2000, A RULE ADOPTED PURSUANT TO article 2 or 3 of this chapter, a discharge limitation or any other condition of a permit issued under article 2 or 3 of this chapter or believes that a person is creating an actual or potential endangerment to the public health or environment because of acts performed in violation of this chapter, whether or not the person has requested a hearing, the director, through the attorney general, may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public health.

B. Notwithstanding any other provision of this chapter, if the director, the county attorney or the attorney general has reason to believe that a person is creating an imminent and substantial endangerment to the public health or environment because of acts performed in violation of article 2 or 3 of this chapter OR A RULE ADOPTED OR A CONDITION OF A PERMIT ISSUED PURSUANT TO SECTION 49-203, SUBSECTION A, PARAGRAPH 6, FROM AND AFTER DECEMBER 31, 2000, the county attorney or attorney general may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public health.

C. A person who violates any provision of article 2 or 3 of this chapter or a rule, permit, discharge limitation or order issued or adopted pursuant to article 2 or 3 of this chapter is subject to a civil penalty of not to exceed twenty-five thousand dollars per day per violation. FROM AND AFTER DECEMBER 31, 2000, A PERSON WHO VIOLATES ANY RULE ADOPTED OR A CONDITION OF A PERMIT ISSUED PURSUANT TO SECTION 49-203, SUBSECTION A, PARAGRAPH 6 IS SUBJECT TO A CIVIL PENALTY OF NOT TO EXCEED FIVE THOUSAND DOLLARS PER DAY PER VIOLATION. The attorney general may, and at the request of the director shall, commence an action in superior court to recover civil penalties provided by this section.

D. The court, in issuing any final order in any civil action brought under this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any substantially prevailing party if the court determines such an award is appropriate. If a temporary restraining order is sought, the court may require the filing of a bond or equivalent security.

E. All civil penalties except litigation costs obtained under this section shall be transmitted to the state treasurer for deposit in the state general fund.

F. It shall be an affirmative defense to civil liability under this section and section 49-261 for causing or contributing to a violation of a water quality standard established pursuant to article 2 of this chapter that , OR A VIOLATION OF A PERMIT CONDITION PROHIBITING A VIOLATION OF AN AQUIFER WATER QUALITY STANDARD OR LIMITATION AT THE POINT OF COMPLIANCE OR A SURFACE WATER QUALITY STANDARD IF the release that caused or contributed to the violation came from a facility owned or operated by a party that has either:

1. Undertaken a remedial or response action approved by the director or the administrator under this title or CERCLA in response to the release of a hazardous substance, pollutant or contaminant that caused or contributed to the violation of article 2 OF THIS CHAPTER and is in compliance with that remedial or response action.

2. Otherwise resolved its liability for the release of a hazardous substance that caused or contributed to the violation of article 2 OF THIS CHAPTER in whole or in part by the execution of a settlement agreement or consent decree with the director or administrator under this article, CERCLA or any other environmental law and is in compliance with that settlement agreement or consent decree.

Sec. 16. Repeal

Title 49, chapter 2, article 10, Arizona Revised Statutes, is repealed.

Sec. 17. Title 49, chapter 2, Arizona Revised Statutes, is amended by adding article 10, to read:

article 10. sewage Treatment Plants

49-361 . Sewage treatment plants; operator certification

THE DEPARTMENT SHALL ADOPT AND ENFORCE RULES TO CLASSIFY SEWAGE COLLECTION SYSTEMS AND TREATMENT PLANTS AND TO CERTIFY OPERATING PERSONNEL ACCORDING TO THE SKILL, KNOWLEDGE AND EXPERIENCE NECESSARY WITHIN THE CLASSIFICATION. THE RULES SHALL PROVIDE THAT OPERATING PERSONNEL MAY BE CERTIFIED ON THE BASIS OF TRAINING AND SUPERVISION AT THE PLACE OF EMPLOYMENT. THE DEPARTMENT MAY ASSESS AND COLLECT REASONABLE CERTIFICATION FEES TO REIMBURSE THE COST OF CERTIFICATION SERVICES, AND THE FEES SHALL BE TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE STATE GENERAL FUND. THE RULES APPLY TO ALL SEWAGE TREATMENT PLANTS THAT RECEIVE AND TREAT WASTES FROM COMMON COLLECTION SEWERS AND INDUSTRIAL PLANTS BUT DO NOT APPLY TO SEPTIC TANKS, TO DEVICES THAT SERVE A SINGLE HOME OR TO INDUSTRIAL TREATMENT DEVICES THAT ARE USED TO PERFORM OR ALLOW RECYCLING OR IMPOUNDING WASTES WITHIN THE BOUNDARIES OF THE INDUSTRY'S PROPERTY.

Sec. 18. Rule making authority

The department of environmental quality may adopt rules pursuant to title 41, chapter 6, Arizona Revised Statutes, to carry out the provisions of this act.

Sec. 19. Applicability

This act does not prevent or limit the Arizona uniform plumbing code commission established pursuant to section 41-619, Arizona Revised Statutes, from adopting rules pursuant to section 41-619, subsection B, paragraph 3, Arizona Revised Statutes.

Sec. 20. Delayed effective date

Sections 1 through 3, 5 through 7, 10, 12 through 14, 16 and 17 of this act are effective from and after December 31, 2000.

APPROVED BY THE GOVERNOR APRIL 20, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 20, 1999.