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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
regulated water company; violations; enforcement
Purpose
Allows the Arizona Department of Environmental Quality (ADEQ) to make a request for corrective actions for a wastewater treatment facility or system or a public water system that is regulated by the Arizona Corporation Commission (ACC) under certain conditions.
Background
ADEQ is responsible for adopting water quality standards, including wastewater treatment regulations (A.R.S. Title 49, Chapter 2). Current statute grants the ACC the authority to supervise and regulate every public agency corporation in Arizona, which includes public water and wastewater systems and facilities (A.R.S. § 40-202).
A wastewater treatment facility is a process, device or structure used to treat or stabilize wastewater or industrial waste and dispose of the effluent (A.A.C. R18-5-101).
A public water system is a water system that provides water for human consumption through pipes or other constructed conveyances and has at least 15 service connections or regularly serves an average of at least 25 persons for at least 60 days a year (A.R.S. § 49-352).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows ADEQ to make a written request to the ACC to take necessary corrective actions for a wastewater treatment facility or system or a public water system that is regulated as a public service corporation by the ACC within 30 days after ADEQ determines that corrective actions would expedite the facility's or system's return to compliance and ADEQ does one or more of the following:
a) determines that the facility or system is out of compliance with an administrative order;
b) files a civil action against the owner or operator of the facility or system; or
c) determines that an emergency exists with respect to the facility or system.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
House Action
NREW 2/12/19 DP 9-4-0-0
GOV 2/14/19 DPA 9-0-0-2
3rd Read 2/26/19 38-21-1
Prepared by Senate Research
March 5, 2019
KN/LD/gs