SB 1364 — aquifer protection permits; injection wells.

(h)  OccupationalApplication safetyof andwater healthfrom administrationany source, including groundwater, surface water or miningwastewater, safetyto andgrow healthagricultural administrationcrops safetyor equipment.for landscaping purposes, except as provided in section 49-247.

24.  Industrial16. 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.

25.  AnyDischarges pointto sourcea dischargefacility causedthat byis aexempt stormpursuant eventto andparagraph authorized6 inof athis permitsubsection issuedif those discharges are regulated pursuant to section33 402United ofStates theCode cleansection water1342. act.

26.  Except17. for class V wells that are operating as prescribed by rules adopted pursuant to article 3.3 of this chapter or 42 United States Code section 300h-1(c), any underground injection well covered by a permit issued under article 3.3 of this chapter or under 42 United State States Code section 300h-1(c).  This exemption does not apply until the date that the United States environmental protection agency approves the department's underground injection control permit program established pursuant to article 3.3 of this chapter.

END_STATUTESolid Sec. 2.  Sectionwaste 49-257.01,and Arizonaspecial Revisedwaste Statutes,facilities iswhen amendedrules addressing aquifer protection are adopted by the director pursuant to read:section 49-761 or 49-855 and those facilities obtain plan approval pursuant to those rules.

START_STATUTE49-257.01.  UndergroundThis injectionexemption controlshall permitonly program;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 article 5 of this 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 that 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 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) Firefighting 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.

25.

Any point source discharge caused by a storm event and authorized in a permit issued pursuant to section 402 of the clean water act.

26.

Except for class V wells that are operating as prescribed by rules adopted pursuant to article 3.3 of this chapter or 42 United States Code section 300h-1(c), any underground injection well covered by a permit issued under article 3.3 of this chapter or under 42 United State States Code section 300h-1(c).

This exemption does not apply until the date that the United States environmental protection agency approves the department's underground injection control permit program established pursuant to article 3.3 of this chapter.

END_STATUTE Sec. 2.

Section 49-257.01, Arizona Revised Statutes, is amended to read:

START_STATUTE49-257.01.

Underground injection control permit program;

rules A.  TheA. department shall establish an underground injection control permit program, including a permitting process.

B.  AnThe undergrounddepartment injectionshall isestablish prohibitedan unless the underground injection iscontrol into a well authorized by rule or unless it is authorized by a permit issuedprogram, pursuantincluding to this article or by a permitpermitting issuedprocess. by the United States environmental protection agency.  A person may not construct any well that is required to have a permit until the person is issued the permit or is otherwise authorized under the permit program established pursuant to this article or federal law.

C.  AnyB. underground injection activity is prohibited if it is conducted in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water and if the presence of that contaminant may endanger underground sources of drinking water.

D.  NotwithstandingAn subsectionunderground Ainjection ofis thisprohibited section,unless athe classunderground Vinjection is into a well authorized by rule or unless it is exemptauthorized fromby a permit issued pursuant to this article ifor theby wella haspermit anissued aquiferby the United States environmental protection permitagency.  obtainedA pursuantperson may not construct any well that is required to articlehave 3a ofpermit thisuntil chapterthe andperson thatis issued the permit satisfiesor federalis undergroundotherwise injectionauthorized controlunder requirementsthe forpermit aprogram classestablished Vpursuant well.to this article or federal law.

E.  D.  TheC. director shall adopt rules for the purposes of establishing and operating the underground injection control permit program pursuant to this article.  Rules adopted by the director shall meet the minimum requirements prescribed by 42 United States Code section 300h(b).

F.  E.  TheAny programunderground establishedinjection pursuantactivity tois thisprohibited articleif it is exemptconducted fromin sectiona 41‑3102.manner that allows the movement of fluid containing any contaminant into underground sources of drinking water and if the presence of that contaminant may endanger underground sources of drinking water.

END_STATUTED. Sec. 3.  Section 49-324, Arizona Revised Statutes, is amended to read:

START_STATUTE49-324.  StayNotwithstanding pendingsubsection appeal;A of this section, a class V well is exempt from this article if the well has an aquifer protection permit obtained pursuant to article 3 of this chapter and that permit satisfies federal underground injection control requirements for a class V well.

standardE. of review A.  If an appeal is taken from the director's decision to issue a permit for a new facility, the facility may not discharge any pollutants inconsistent with the director's decision until the appeal process is completed.

B.  ExceptD. as provided in subsections D and E of this section:

1.  IfThe andirector appealshall isadopt takenrules from the director's decision to grant or deny a permit for an existing facility under circumstances in which that facility was previously subject to a permit, the facilitypurposes may continue to operate pending final disposition of theestablishing appealand ifoperating there is no increase in the amountunderground ofinjection pollutantscontrol dischargedpermit orprogram changepursuant into thethis characteristicsarticle. of the discharge.

2.  IfRules anadopted appealby is taken from the director'sdirector decisionshall tomeet grant, deny, modify or revoke a permit for a facility already subject to a permit, the facilityminimum mayrequirements continueprescribed toby operate42 asUnited longStates asCode thesection operation300h(b). complies with the conditions of the existing permit until final disposition of the appeal.

C.  DecisionsF. by the director shall be affirmed by the appeals board unless, considering the entire record before the board, it concludes that the director's decision is arbitrary, unreasonable, unlawful or based upon a technical judgment that is clearly invalid.

D.  TheE. director or any interested person who has appealed or intervened before the board may apply to the superior court for an order requiring cessation of discharge or conditions for continued discharge pending final disposition of the appeal as necessary to prevent an imminent and substantial endangerment to public health and the environment.  The court shall determine the matter under the standards applicable for granting preliminary injunctions.

E.  NotwithstandingThe sectionprogram 41‑1092.11,established ifpursuant ato noticethis of appeal of a permit that is issued under article 3.1 of this chapter is filedexempt with the water quality appeals board, those permit provisions that are specifically identified in the notice of appeal as being contested and those other permit provisions that cannot be severed from thesection contested41-3102. provisions are automatically stayed while the appeal is pending, including during any court proceedings before the board.  Uncontested permit provisions that are severable from the contested provisions are effective and enforceable thirty days after the director serves notice on the applicant, the water quality appeals board and any party who commented on the proposed action of the conditions that are uncontested and severable.

END_STATUTE Sec. 3.

Section 49-324, Arizona Revised Statutes, is amended to read:

START_STATUTE49-324.

Stay pending appeal;

standard of review A.

If an appeal is taken from the director's decision to issue a permit for a new facility, the facility may not discharge any pollutants inconsistent with the director's decision until the appeal process is completed.

B.

Except as provided in subsections D and E of this section:

1.

If an appeal is taken from the director's decision to grant or deny a permit for an existing facility under circumstances in which that facility was previously subject to a permit, the facility may continue to operate pending final disposition of the appeal if there is no increase in the amount of pollutants discharged or change in the characteristics of the discharge.

2.

If an appeal is taken from the director's decision to grant, deny, modify or revoke a permit for a facility already subject to a permit, the facility may continue to operate as long as the operation complies with the conditions of the existing permit until final disposition of the appeal.

C.

Decisions by the director shall be affirmed by the appeals board unless, considering the entire record before the board, it concludes that the director's decision is arbitrary, unreasonable, unlawful or based upon a technical judgment that is clearly invalid.

D.

The director or any interested person who has appealed or intervened before the board may apply to the superior court for an order requiring cessation of discharge or conditions for continued discharge pending final disposition of the appeal as necessary to prevent an imminent and substantial endangerment to public health and the environment.

The court shall determine the matter under the standards applicable for granting preliminary injunctions.

E.

Notwithstanding section 41-1092.11, if a notice of appeal of a permit that is issued under article 3.1 of this chapter is filed with the water quality appeals board, those permit provisions that are specifically identified in the notice of appeal as being contested and those other permit provisions that cannot be severed from the contested provisions are automatically stayed while the appeal is pending, including during any court proceedings before the board.

Uncontested permit provisions that are severable from the contested provisions are effective and enforceable thirty days after the director serves notice on the applicant, the water quality appeals board and any party who commented on the proposed action of the conditions that are uncontested and severable.