ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: NREW DPA 7-2-0-1 | 3rd Read 44-15-0-0-1

Senate: NREW DPA 6-0-1-0 | 3rd Read 28-0-2-0

HB 2195: on-site wastewater treatment facilities; permitting

Sponsor: Representative Hendrix, LD 14

Senate Engrossed

Overview

Permits an on-site wastewater treatment facility (facility) that treats and disposes of wastewater to discharge under a general permit if specific requirements are met. 

History

A facility is a conventional septic tank system or alternative system installed at a site to treat and dispose of wastewater of predominantly human origin that is generated at that site  (A.R.S. § 49-201).

A facility is required to be operated pursuant to either an individual permit or general permit issued by the Arizona Department of Environmental Quality (ADEQ) Director. A general permit for a defined class of facilities can be issued if:

1)   the cost of issuing individual permits cannot be justified by any environmental or public health benefit;

2)   the facilities, activities or practices are substantially similar; and

3)   the ADEQ Director is satisfied that appropriate conditions under a general permit for operating the Facilities or conducting the activities will meet the applicable requirements outlined in statute as well as the established best management practices (A.R.S. §§ 49-241, 49-245).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAuthorizes a facility with a design flow of between 3,000 gallons and 75,000 gallons per day to discharge under a general permit if the facility complies with general permit rules and is operated by a service provider that is certified by the technology manufacturer.  (Sec. 1)

2.   Requires the ADEQ Director to include an addendum to the general permit authorization that requires facilities to maintain, monitor, keep records and issue reports, in addition to the general permit requirements.  (Sec. 1)

3.   Allows the ADEQ Director to require a facility with a design flow of 50,000 gallons or more per day or for a site with multiple facilities with a collective flow of 50,000 gallons or more per day to provide adequate financial assurance by an addendum to the general permit authorization. (Sec. 1)

Senate Amendments

1.   Specifies that a facility with a design flow between 3,000 gallons and 75,000 gallons per day may discharge under a general permit until revised rules that are proposed after December 31, 2024, become effective and only for facilities with a design flow of 300,000 gallons or more per day.

2.   Requires the ADEQ Director to establish fees for general permits and deposit the fees in the Water Quality Fee Fund.

3.   Requires a permittee of  a facility with a design flow between 3,000 gallons and 75,000 gallons per day to transition their facility consistent with the revised on-site wastewater treatment facility permit program within 180 days after the effective date of revised rules that are proposed after December 31, 2024, and only for facilities with a design flow of 300,000 gallons or more per day.

4.   Adds a legislative intent clause.

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7.   ---------- DOCUMENT FOOTER ---------

8.                     HB 2195

9.   Initials EB         Page 0           House Engrossed

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