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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
gray water; definition; residential standards
Purpose
Allows a person to use or discharge gray water at a private residence if outlined conditions are met, and outlines prohibitions of the Arizona Department of Environmental Quality (ADEQ), counties, cities, towns and other political subdivisions in Arizona regarding the regulation of gray water treatment systems.
Background
Gray water is wastewater that has been collected separately from a sewage flow and that originates from a clothes washer, bathroom tub, shower or sink, not including wastewater from a kitchen sink (A.R.S. § 49-201).
A city, town or county may not limit the use of gray water by rule or ordinance unless, in an initial active management area that has a groundwater management goal of safe yield and that does not contain a part of the Central Arizona Project aqueduct, effluent has been included in an assured water supply determination and the use of gray water would reduce the volume of effluent available to satisfy assured water supply requirements applicable to that determination. For residential gray water treatment systems that are used indoors for toilet flushing, the Director of ADEQ may establish by rule minimum requirements that are necessary specifically to address public health or safety concerns (A.R.S. § 49-204).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Residential Gray Water Reuse
1. Allows a person to use or discharge gray water at a private residence if:
a) the total gray water flow is 400 gallons per day or less;
b) gray water originating from the residence is used and contained within the property boundary for household gardening, composting or landscape watering;
c) human contact with gray water and soil watered by gray water is avoided;
d) surface application of gray water is not used for watering of food plants, except for trees and shrubs that have an edible portion that does not come in contact with the gray water;
e) the gray water does not contain hazardous chemicals, including those derived from cleaning car parts, washing greasy or oily rags or disposing of waste solutions from hobbyist or home occupational activities;
f) the gray water does not contain water used to wash diapers or similar soiled or infectious garments;
g) the gray water application is managed to minimize standing water on the surface and the water user employs best practices to improve soil condition and increase filtration;
h) the water user ceases gray water use if the system fails to operate properly;
i) the water user restricts access to any gray water surge tanks with a covering or lid and holding time is minimized to avoid development of anaerobic conditions and odors;
j) the gray water system is sited outside of a floodway;
k) the gray water system is operated to maintain a minimum vertical separation distance of at least five feet from the point of gray water application to the top of the seasonally high groundwater table;
l) any pressure piping used in the gray water system that may be susceptible to cross connection with a potable water system clearly indicates the piping does not carry potable water; and
m) the water user applies gray water to a surface only by flood or drip distribution, including containment by horticultural mulch basins and swales.
2. Prohibits ADEQ or a county, city, town or other political subdivision of Arizona from requiring a notice or permit, including any permit issued pursuant to water quality control standards, for the use or discharge of gray water if the gray water use is consistent with the outlined requirements.
3. Prohibits ADEQ or a county, city, town or other political subdivision of Arizona from requiring a private residence to connect to an on-site wastewater treatment facility or outside sewage system or requiring any related permits or notices if:
a) the residence uses gray water pursuant to the outlined standards;
b) all toilets at the residence are composting toilets; and
c) all kitchen sinks in the residence do not have a garbage disposal.
4. Prohibits ADEQ or a county, city, town or other political subdivision of Arizona from prohibiting a person from installing a composting toilet on any property in which the property is:
a) located in an unincorporated area of a county with a zoning classification that allows for the construction of a private residence;
b) on a lot of two acres or larger; and
c) not directly adjacent to a city or town.
Zoning Ordinances
5. Prohibits the zoning ordinance adopted by the county board of supervisors from imposing any other requirements beyond the residential gray water reuse standards or any penalties on gray water users who comply with the residential gray water reuse standards.
6. Prohibits any outlined county zoning ordinance from preventing, restricting or otherwise regulating the use or occupation of land or improvements on land related to gray water that conform to the residential gray water reuse standards.
7. States that a building permit is not required for constructing a gray water system that complies with the residential gray water reuse standards.
Definitions
8. Defines composting toilet as a manufactured or constructed treatment technology that receives human waste from a waterless toilet directly into an aerobic composting chamber in which dehydration and biological activity reduce the waste volume, nutrient content and harmful microorganisms to an appropriate level for later disposal.
9. Adds, to the definition of gray water, wastewater that has been collected separately from a dishwasher or kitchen sink that does not include a garbage disposal.
10. Specifies that gray water does not include wastewater from a kitchen sink that includes a garbage disposal or from a flush toilet or wastewater contaminated by soiled diapers.
11. Exempts, from the definition of on-site wastewater treatment facility, a system that is installed at a site to treat and dispose of gray water.
Miscellaneous
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
House Action
NREW 1/23/24 DP 5-4-0-0
3rd Read 1/8/24 31-26-1-0-2
Prepared by Senate Research
February 27, 2024
RA/slp