HB 2097 — gray water; definition; residential standards

2097 (b) 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.

"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 14replace -the H.B.process or production equipment that causes the discharge from an existing facility.

2097A totallymajor replacemodification theto processan orexisting productionfacility equipmentis thatdeemed causesa new facility to the dischargeextent fromthat anthe existingcriteria facility.in section 49-243, subsection B, paragraph 1 can be practicably applied to - 14 - H.B.

A2097 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 the purposes of regulating non-WOTUS protected surface waters, a permit shall not include provisions governing the construction, operation or modification of a facility except as necessary for the purpose of ensuring that a discharge meets water quality-related effluent limitations or to require best management practices for the purpose of ensuring that a -discharge 15does -not H.B.cause an exceedance of an applicable surface water quality standard.

2097- discharge15 does- notH.B. cause an exceedance of an applicable surface water quality standard.

2097 33.

-38. 16 - H.B.

2097 38.

39.- 16 - H.B.

2097 39.

-49. 17 - H.B.

2097 49.

50.- 17 - H.B.

2097 50.

Gray water;water reuse;

use or discharge;

composting toilets;

definitionlandscape watering A.

-4. 18 - H.B.

2097 4.

5.- 18 - H.B.

2097 5.

THENOTWITHSTANDING DEPARTMENTANY SHALLOTHER ADOPTLAW, RULESA THATPERSON ALLOWMAY FOR THE USE OR DISCHARGE OF GRAY WATER ANDAT FORA THEPRIVATE USERESIDENCE IF ALL OF COMPOSTINGTHE TOILETS.FOLLOWING APPLY:

RULES ADOPTED PURSUANT TO THIS SECTION SHALL:

NOT LATER THAN JUNE 1, 2026, ALLOW FOR THE USETOTAL OR DISCHARGE OF GRAY WATER ATFLOW AIS SINGLE-FAMILYFOUR RESIDENCEHUNDRED PURSUANTGALLONS TOPER ADAY GENERALOR PERMIT.LESS.

NOTGRAY LATERWATER THANORIGINATING JUNEFROM 1, 2026, ALLOW FOR THE USERESIDENCE OFIS COMPOSTINGUSED TOILETS AND THECONTAINED USEWITHIN ORTHE DISCHARGEPROPERTY OFBOUNDARY GRAYFOR WATERHOUSEHOLD ONGARDENING, RESIDENTIALCOMPOSTING RURALOR LANDLANDSCAPE PURSUANTWATERING. TO A GENERAL PERMIT.

ESTABLISHHUMAN CONDITIONSCONTACT THATWITH EXEMPTGRAY AWATER PROPERTY OWNER OF RESIDENTIAL RURAL LAND THAT HAS INSTALLED ONLY COMPOSTING TOILETS, RATHER THAN CONVENTIONAL TOILETS, AND THATSOIL USESWATERED ONLYBY GRAY WATER FROMIS THEAVOIDED. REQUIREMENT TO CONNECT TO AN ON-SITE WASTEWATER TREATMENT FACILITY OR OUTSIDE SEWAGE SYSTEM.

ESTABLISHSURFACE CONDITIONSAPPLICATION THATOF ALLOWGRAY AWATER PROPERTYIS OWNERNOT USED FOR WATERING OF RESIDENTIALFOOD RURALPLANTS, LANDEXCEPT TOFOR INSTALLTREES LOW-COSTAND WATERLESSSHRUBS COMPOSTINGTHAT TOILETS.HAVE AN EDIBLE PORTION THAT DOES NOT COME INTO CONTACT WITH THE GRAY WATER.

HAVE THE PRIMARYGRAY OBJECTIVEWATER TODOES FACILITATENOT ANDCONTAIN MAXIMIZEHAZARDOUS THECHEMICALS, VOLUMEINCLUDING OFTHOSE ALLOWABLEDERIVED GRAYFROM WATERCLEANING REUSE,CAR INCLUDINGPARTS, WASHING GREASY OR OILY RAGS OR DISPOSING OF WASTE SOLUTIONS FROM KITCHENHOBBYIST SINKSOR ANDHOME DISHWASHERS.OCCUPATIONAL ACTIVITIES.

MINIMIZE THE COSTS AND BURDENS OF GRAY WATER REUSEDOES ANDNOT IMPOSECONTAIN CONDITIONSWATER ANDUSED RESTRICTIONS ONLY TO THEWASH EXTENTDIAPERS NECESSARYOR TOSIMILAR PROTECTSOILED PUBLICOR HEALTH,INFECTIOUS SAFETYGARMENTS. AND GROUNDWATER FROM CONTAMINATION.

NOTGRAY REQUIREWATER ANAPPLICATION INDIVIDUALIS PERMITMANAGED FORTO AMINIMIZE SINGLE-FAMILYSTANDING RESIDENCEWATER ORON FORTHE RESIDENTIALSURFACE RURALAND LAND.THE WATER USER EMPLOYS BEST PRACTICES TO IMPROVE SOIL CONDITION AND INCREASE FILTRATION.

8.

THE WATER USER CEASES GRAY WATER USE IF THE SYSTEM FAILS TO OPERATE PROPERLY.

9.

THE WATER USER RESTRICTS ACCESS TO ANY GRAY WATER SURGE TANKS WITH A COVERING OR LID AND HOLDING TIME IS MINIMIZED TO AVOID DEVELOPMENT OF ANAEROBIC CONDITIONS AND ODORS.

10.

THE GRAY WATER SYSTEM IS SITED OUTSIDE OF A FLOODWAY.

11.

THE GRAY WATER SYSTEM IS OPERATED TO MAINTAIN A MINIMUM VERTICAL SEPARATION DISTANCE OF AT LEAST FIVE FEET FROM THE POINT OF GRAY WATER APPLICATION TO THE TOP OF THE SEASONALLY HIGH GROUNDWATER TABLE.

12.

ANY PRESSURE PIPING USED IN THE GRAY WATER SYSTEM THAT MAY BE SUSCEPTIBLE TO CROSS CONNECTION WITH A POTABLE WATER SYSTEM CLEARLY INDICATES THE PIPING DOES NOT CARRY POTABLE WATER.

13.

THE WATER USER APPLIES GRAY WATER TO A SURFACE ONLY BY FLOOD OR DRIP DISTRIBUTION.

FOR THE PURPOSES OF THIS PARAGRAPH FLOOD DISTRIBUTION MAY INCLUDE CONTAINMENT BY HORTICULTURAL MULCH BASINS AND SWALES.

FOR THE PURPOSESDEPARTMENT OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS SECTION,STATE THEMAY DEPARTMENTNOT SHALLREQUIRE RETAINA THENOTICE SAMEOR AUTHORITYPERMIT, TOINCLUDING ENFORCEANY SUBSECTIONPERMIT EISSUED OFPURSUANT TO THIS SECTIONCHAPTER, ASFOR ITTHE DOESUSE TOOR ENFORCEDISCHARGE OTHEROF USES- OF19 GRAY- WATER.H.B.

2097 GRAY WATER IF THE GRAY WATER USE IS CONSISTENT WITH SUBSECTION E OF THIS SECTION.

FOR THE PURPOSESDEPARTMENT OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS SECTION,STATE "RESIDENTIALMAY RURALNOT LAND"REQUIRE MEANSA PROPERTYPRIVATE THATRESIDENCE MEETSTO CONNECT TO AN ON-SITE WASTEWATER TREATMENT FACILITY OR OUTSIDE SEWAGE SYSTEM OR REQUIRE ANY RELATED PERMITS OR NOTICES IF ALL OF THE FOLLOWING CONDITIONS:APPLY:

ISTHE NOTRESIDENCE LOCATEDUSES INGRAY AWATER COUNTYPURSUANT ISLANDTO ASSUBSECTION DEFINEDE INOF SECTIONTHIS 11-251.12.SECTION.

ISALL LOCATEDTOILETS INAT AN UNINCORPORATED AREA OF A COUNTY WITH A ZONING CLASSIFICATION THAT ALLOWS FOR THE CONSTRUCTIONRESIDENCE OFARE ACOMPOSTING PRIVATETOILETS. RESIDENCE.

ISALL LOCATEDKITCHEN ONSINKS AIN LOTTHE OFRESIDENCE TWODO ACRESNOT ORHAVE LARGER.A GARBAGE DISPOSAL.

4.H.

ISTHE DEPARTMENT OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT DIRECTLYPROHIBIT ADJACENTA TOPERSON FROM INSTALLING A CITYCOMPOSTING ORTOILET TOWN.ON ANY PROPERTY IN WHICH ALL OF THE FOLLOWING APPLY:

-1. 19 - H.B.

2097THE Sec.PROPERTY IS LOCATED IN AN UNINCORPORATED AREA OF A COUNTY WITH A ZONING CLASSIFICATION THAT ALLOWS FOR THE CONSTRUCTION OF A PRIVATE RESIDENCE.

2.

THE PROPERTY IS LOCATED ON A LOT OF TWO ACRES OR LARGER.

3.

THE PROPERTY IS NOT DIRECTLY ADJACENT TO A CITY OR TOWN.

Sec.

(b)- Includes20 a- manufacturingH.B. facility that is subject to applicable provisions of law and department rules for air quality, water quality and waste and land use.

2097 (b) Includes a manufacturing facility that is subject to applicable provisions of law and department rules for air quality, water quality and waste and land use.

(d) When IF unencapsulated use of CCR involving INVOLVES placement of twelve thousand four hundred tons or more on the land in nonroadway applications, the user demonstrates, keeps records and provides documentation on request, that environmental releases to groundwater, surface water, soil and air are comparable to or lower than those from analogous products made without CCR, or that environmental releases to -groundwater, 20surface -water, H.B.soil and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use.

2097 groundwater, surface water, soil and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use.

(iii)- Received21 approval- forH.B. closure from the department.

2097 (iii) Received approval for closure from the department.

-12. 21 - H.B.

2097 12.

19.- 22 - H.B.

2097 19.

"Existing solid waste facility" means a solid waste facility other than a CCR unit that begins construction or is in operation on the -effective 22date -of H.B.the design and operation rules adopted by the director pursuant to section 49-761 for that type of solid waste facility.

2097 effective date of the design and operation rules adopted by the director pursuant to section 49-761 for that type of solid waste facility.

(a) Means any solid waste, including garbage, rubbish and sanitary waste from septic tanks, that is generated from households, including single and multiple-family residences, hotels and motels, bunkhouses, ranger- stations,23 crew- quarters,H.B. campgrounds, picnic grounds and day use recreation areas.

2097 ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas.

-31. 23 - H.B.

2097 31.

"On site" means the same or geographically contiguous property that may be divided by public or private right-of-way if the entrance and exit between the properties are at a crossroads intersection and access is by- crossing24 the- right-of-wayH.B. and not by traveling along the right-of-way.

2097 by crossing the right-of-way and not by traveling along the right-of-way.

-(iv) 24The -plastic H.B.has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.

2097 (iv) The plastic has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.

(ii)- Materials25 for- whichH.B. the United States environmental protection agency has made a nonwaste determination pursuant to 40 Code of Federal Regulations section 241.3(c) or has otherwise determined are feedstocks and not solid waste.

2097 (ii) Materials for which the United States environmental protection agency has made a nonwaste determination pursuant to 40 Code of Federal Regulations section 241.3(c) or has otherwise determined are feedstocks and not solid waste.

"Solid waste facility" means a transfer facility and any site owned, operated or used by any person for the storage, processing, treatment or disposal of solid waste, conditionally exempt small quantity -generator 25waste -or H.B.household hazardous waste but does not include the following:

2097 generator waste or household hazardous waste but does not include the following:

(h)- A26 closed- solidH.B. waste landfill performing a onetime removal of solid waste from the closed solid waste landfill, if the operator provides a written notice that describes the removal project to the department within thirty days after completion of the removal project.

2097 (h) A closed solid waste landfill performing a onetime removal of solid waste from the closed solid waste landfill, if the operator provides a written notice that describes the removal project to the department within thirty days after completion of the removal project.

-(iii) 26Protection -has H.B.been provided to prevent remaining waste from causing any vector, odor, litter or other environmental nuisance.

2097 (iii) Protection has been provided to prevent remaining waste from causing any vector, odor, litter or other environmental nuisance.

(t)- An27 advanced- recyclingH.B. facility that converts recovered feedstocks to manufacture raw materials and intermediate and final products.

2097 (t) An advanced recycling facility that converts recovered feedstocks to manufacture raw materials and intermediate and final products.

"Solid waste management plan" means the plan that is adopted pursuant to section 49-721 and that provides guidelines for the collection, source separation, storage, transportation, processing, treatment, reclamation and disposal of solid waste in a manner that -protects 27public -health H.B.and safety and the environment and prevents and abates environmental nuisances.

2097 protects public health and safety and the environment and prevents and abates environmental nuisances.

(b)- Does28 not- includeH.B. processed lumber, paper, cardboard and other manufactured products that are derived from plant material.

2097 (b) Does not include processed lumber, paper, cardboard and other manufactured products that are derived from plant material.

- 28 - H.B.

2097 Sec.

7.

Legislative intent The legislature intends that rules adopted pursuant to section 49-204, subsection E, Arizona Revised Statutes, as added by this act, meet all of the following conditions:

1.

Impose the least burden and costs to persons regulated by the rules, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.

2.

Are necessary to protect public health and safety.

3.

Are adopted as prescribed by title 41, chapter 6, Arizona Revised Statutes.

4.

Are consistent with the laws of this state, legislative intent and the department of environmental quality's statutory authority.