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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
water; effluent; credits
Purpose
Allows an industrial processing facility to construct and operate an on-site wastewater treatment facility for wastewater, and discharge its effluent after treatment by the on-site wastewater treatment facility, to a constructed underground storage facility, under outlined conditions.
Background
A person who wishes to operate a constructed underground storage facility must apply for and obtain a constructed underground storage facility permit from the Arizona Department of Water Resources (ADWR). Additionally, the person must apply for and obtain a water storage permit to store water in the constructed underground storage facility and a recovery well permit to recover the water stored at the storage facility. Each permit is subject to its own application requirements as prescribed by law (A.R.S. §§ 45-811.01; 45-831.01; and 45-834.01).
The Director of ADWR is required to establish a long-term storage account for each person holding long-term storage credits. Up to 95 percent of the recoverable water stored at a storage facility may be credited to a long-term storage account if the conditions prescribed in law are satisfied. A long-term storage account may include a subaccount for each active management area, irrigation non-expansion area, groundwater basin or groundwater subbasin in which the person's stored water is located and may be subdivided by type of water (A.R.S. § 45-852.01)
Effluent is water that has been collected on a sanitary sewer for subsequent treatment in a facility that is regulated by the Arizona Department of Environmental Quality and that remains effluent until it acquires the characteristics of groundwater or surface water (A.R.S. § 45-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an industrial processing facility, if the water and wastewater service provider that holds a certificate of convenience and necessity for the service area in which the industrial processing facility is located cannot or does not accept the entire discharging capacity of an otherwise lawful industrial processing facility, to:
a) construct and operate an on-site wastewater treatment facility for some or all of its wastewater; and
b) discharge, after treatment by the on-site wastewater treatment facility, its effluent to a constructed underground storage facility.
2. Requires the water and wastewater service provider to continue to provide water service under the terms of its certificate of convenience and necessity that is sufficient for the industrial processing facility to comply with the occupancy requirements of the permitting jurisdictions and agencies for the facility.
3. Allows any long-term storage credits accrued from stored effluent to only be used at the site where the water was stored.
4. Adds to the definition of effluent water, other than water that is originally supplied by a city, town or private water company, that is used for nonirrigation use in an industrial facility and that is treated at the site of use to meet or exceed aquifer water quality standards.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
RA/slp