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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
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. Prohibits facilities that treat and store effluent from being exempt of aquifer protection permit requirements.
2. Allows the Director of ADWR to issue a water storage permit for effluent if the effluent will be stored at a constructed underground storage facility at the site where the water was used before treatment.
3. Allows effluent that has been stored pursuant to a water storage permit to be used only by the storer for a nonirrigation use at the same site where the water was stored.
4. Allows a person who holds long-term storage credits or who may recover water on an annual basis to recover the water stored pursuant to a water storage permit if the stored water is not effluent.
5. Adds to the definition of effluent water, water that is not originally supplied by a city, town or private water company, that is used for nonirrigation use in an industrial facility and that is used by an industrial facility located within the service area of a wastewater provider that holds a certificate of convenience and necessity issued by the Arizona Corporation Commission and that is treated at the site of use to meet or exceed aquifer water quality standards as determined by the Arizona Department of Environmental Quality.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Prohibits the exemption of effluent from aquifer protection permit requirements.
2. Modifies regulations regarding effluent stored pursuant to water storage permits.
3. Adds to the definition of effluent water.
Senate Action
NREW 2/16/23 DPA 5-2-0
Prepared by Senate Research
February 17, 2023
RA/slp