Chapter 0137 - 562R - S Ver of HB2195

Senate Engrossed House Bill

on-site wastewater treatment facilities; permitting

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

CHAPTER 137

HOUSE BILL 2195

An Act

amending section 49-245, Arizona Revised Statutes; relating to water quality control.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 49-245, Arizona Revised Statutes, is amended to read:

START_STATUTE49-245. Criteria for issuing general permit

A. The director may issue by rule a general permit for a defined class of facilities if all of the following apply:

1. The cost of issuing individual permits cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits.

2. The facilities, activities or practices in the class are substantially similar in nature.

3. The director is satisfied that appropriate conditions under a general permit for operating the facilities or conducting the activity will meet the applicable requirements in section 49-243 or, as to facilities for which the director has established best management practices, section 49-246.

B. In addition to other applicable enforcement actions, if a person violates the conditions of a general permit, the director may revoke the general permit for that person and require that the person obtain an individual permit. A general permit may be revoked, modified or suspended at any time by the director if necessary to comply with this chapter.

C. Rules establishing a general permit shall include terms and conditions to ensure that all discharges and facilities will meet the requirements of this chapter and shall provide for the collective or individual revocation of the general permit if necessary to ensure compliance with this chapter.

D. Rules adopted pursuant to subsection A of this section may require a person who owns or operates a facility seeking coverage under a general permit to notify the director of the person's intent to operate the facility pursuant to the general permit and pay the applicable fee required pursuant to section 49-203.

E. Until revised rules that are proposed after December 31, 2024 are effective, and only for on-site WASTEWATER treatment FACILITIES with a design flow of three THOUSAND gallons per day or more, an on-site wastewater treatment facility with a design flow of three thousand gallons per day or more but less than seventy-five thousand gallons per day may discharge under a general permit if the on-site wastewater treatment facility complies with existing general permit rules and is operated by a service provider that is certified by the technology manufacturer. The director shall include an addendum to the general permit authorization that requires on-site wastewater treatment facilities to conduct maintenance, monitoring, recordkeeping and reporting in addition to the requirements of the general permit.

f. For an on-site wastewater treatment facility with a design flow of fifty thousand gallons per day or more or for a site with multiple on-site wastewater treatment facilities with a collective design flow of fifty thousand gallons per day or more, the director may require the facility by an addendum to the general permit authorization to provide adequate financial assurance.

g. The director shall ESTABLISH fees for GENERAL permits issued PURSUANT to SUBSECTIONS E and F of this section. the department shall deposit the fees, pursuant to sections 35-146 and 35-147, in the WATER quality fee fund ESTABLISHED by section 49-210.

H. not later than one hundred and eighty days after the effective date of revised rules that are PROPOSED after December 31, 2024, and only for on-site WASTEWATER TREATMENT FACILITIES with a design flow of three THOUSAND gallons per day or more, a permittee prescribed by subsection E or F of this section SHALL TRANSITION the permittee's facility CONSISTENT with the revised on-site wastewater treatment facility permit program. END_STATUTE

Sec. 2. Legislative intent

The legislature intends that the director of the department of environmental quality base fees that are adopted pursuant to section 49-245, Arizona Revised Statutes, as amended by this act, on the department's direct and indirect costs associated with the type of activity that is assessed a fee.