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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
remedial groundwater incentive; brackish groundwater
Purpose
Adds, to the definition of hazardous substance, groundwater containing total dissolved solids between 1,000 and 10,000 milligrams per liter and deems the use of the outlined hazardous substances and remedial groundwater as consistent with the management goal of an active management area (AMA) if outlined conditions apply.
Background
For the purpose of determining whether an assured water supply exists, the Director of the Arizona Department of Environmental Quality (ADEQ) must find that a groundwater replenishment district member's projected use is consistent with achieving the management goal for the AMA if: 1) the land for which a certificate or the city, town or private water company for which a designation is sought is in a groundwater replenishment district; 2) the Director of ADEQ has made either a preliminary determination that has not expired or a final determination that the district's plan for operation is consistent with achieving the management goal; and 3) the master replenishment account does not have a debit balance that exceeds the cumulative amount of the district's debits accrued during the four preceding calendar years (A.R.S. § 45-576.01).
Hazardous substance includes: 1) any substance designated by outlined statute and the Federal Clean Water Act; 2) any element, compound, mixture, solution or substance designated pursuant to section 102 of CERCLA; 3) any hazardous air pollutant listed by the Federal Clean Air Act; 4) any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to the Federal Toxic Substances Control Act; 5) and any substance that the Director of ADEQ, by rule, either designates as a hazardous substance following the designation of the substance by an outlined administrator or designates as a hazardous substance on the basis of a determination that such substance represents an imminent and substantial endangerment to public health (A.R.S. § 49-201).
Inert material means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand and soil. Inert material also includes material that, when subjected to a water leach test that is designed to approximate natural infiltrating waters, will not leach substances in concentrations that exceed numeric aquifer water quality standards, including overburden and wall rock that is not acid generating, taking into consideration acid neutralization potential, and that has not and will not be subject to mine leaching operations (A.R.S. § 49-201).
Remedial actions means actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment, such as actions as may be necessary to investigate, monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the environment that may otherwise result form a release or threat of release of a hazardous substance. Remedial actions include the use of biostimulation with indigenous and bioaugmentation using microbes that are nonpathogenic, that are nonopportunistic and that are naturally occurring (A.R.S. § 49-281).
ADEQ may conduct a remedial investigation and feasibility study of a scored site or portion of the site to assess conditions on the site or portion of the site and to evaluate alternative potential remedies to the extent necessary to select a final remedy in a manner consistent with adopted rules and procedures. After evaluating the site or portion of a site, the Director of ADEQ must prepare a proposed remedial action plan and issue notice of the proposed plan to pursuant to the community involvement plan. A copy of the proposed remedial action plan must also be sent to each person on the preliminary list of potentially responsible parties with a notice that includes the outlined required information and that also must: 1) notify the recipients of the opportunity to propose alternative methods of allocation of liability among responsible parties; 2) provide a preliminary list of potentially responsible parties and summarize the basis for each party's liability, if the Director of ADEQ determines that cost recovery may be appropriate; 3) advise the recipient that all information known to the recipient regarding a person who may be liable and any facility within the site from which a release of hazardous substance may have occurred must be provided to ADEQ within a reasonable period set by ADEQ, but at least within 60 days; 4) within 90 days after the end of the public comment period, if ADEQ has received sufficient information identifying additional persons who may be responsible or facilities where a release of a hazardous substance may have occurred, the Director of ADEQ must investigate that person or facility within the site or decline to investigate and notify the person providing the information in writing of the decision (A.R.S. §§ 49-287.03 and 49-287.04).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems the use of remedial groundwater by a person with or applying for a certificate or designation of assured water supply during a year as consistent with the management goal of the AMA in which the remedial groundwater is withdrawn and is excluded when determining compliance with the management goal requirements if the Director of ADEQ determines that the remedial groundwater use is consistent with the management goal and the person complies with outlined metering and reporting requirements.
2. Deems the use of remedial groundwater by a person with or applying for a certificate or designation of assured water supply during a year as consistent with the management goal of an AMA in which the remedial groundwater is withdrawn and is excluded when determining compliance with management goal requirements without approval of the Director of ADEQ if:
a) the remedial groundwater associated with the withdrawal or use meets the outlined definition of a hazardous substance;
b) the total amount of remedial groundwater to be withdrawn from all wells pursuant to the approved remedial action project does not exceed the total amount of remedial groundwater in the relevant area that meets the outlined definition of a hazardous substance;
c) the person provides outlined information; and
d) the person complies with outlined metering and reporting requirements.
3. Allows a person with or applying for a certificate or designation of assured water supply that is using or proposing to use remedial groundwater or that has agreed in a consent decree or other document approved by ADEQ or the U.S. Environmental Protection Agency (EPA) to use remedial groundwater to apply to the Director of ADEQ for a determination that the person's use of the remedial groundwater is consistent with the management goal of the AMA by submitting an application on a form provided by the Director of ADEQ.
4. Requires the Director of ADEQ, if the Director approves an application for a determination that the person's use of the remedial groundwater is consistent with the management goal of the AMA, to calculate the annual amount of remedial groundwater use that is deemed consistent with the management goal.
5. Requires the Director of ADEQ to establish rules;
a) establishing a simplified application process to determine that remedial groundwater use is consistent with the management goals of an AMA;
b) outlining the timeline for review for a submitted application; and
c) outlining the formulation to calculate, increase or decrease the annual authorized volume that can be withdrawn.
6. Requires a person with or applying for a certificate or designation of assured water supply that is withdrawing or proposing to withdraw remedial groundwater that is or has been determined to be consistent with the management goal to:
a) meter the remedial groundwater withdrawals separately from groundwater withdrawn pursuant to another groundwater withdrawal authority; and
b) include in its annual reports the amount of remedial groundwater withdrawn during the reporting year that is consistent with the management goal and the purposes for which the remedial groundwater was used.
7. Requires a person with or applying for a certificate or designation of assured water supply that is withdrawing or proposing to withdraw or use remedial groundwater that meets the outlined definition of a hazardous substance and is deemed consistent with the management goals of an AMA to provide, at least 120 days before commencement of the withdrawals or use or 120 days after the general effective date, whichever is later, written notice to the Director of ADEQ of:
a) the annual volume of remedial groundwater to be withdrawn from each well pursuant to the approved remedial action project;
b) the total amount of remedial groundwater in the relevant area that meets the outlined definition of a hazardous substance;
c) the time period in which remedial groundwater will be withdrawn and used;
d) the anticipated or actual commencement date of withdrawals or use;
e) the purpose for which the remedial groundwater will be used;
f) a copy of a document evidencing ADEQ or EPA approval of the person's withdrawal and use of remedial groundwater, such as a remedial action plan, record of decision or consent decree;
g) the person with or applying for a certificate or designation of assured water supply to which the remedial groundwater will be pledged; and
h) the name and telephone number that the Arizona Department of Water Resources may contact regarding the withdrawal or use.
8. Requires a copy of a proposed remedial action plan sent to each person on the preliminary list of potentially responsible parties to advise the recipient that all information known to the recipient regarding a person who may be liable and any facility within the site from which a release of hazardous substance, except remedial groundwater that meets the outlined definition of a hazardous substance, may have occurred must be provided to the ADEQ within a reasonable period of time set by ADEQ, but at least within 60 days.
9. Removes a hazardous substance that meets the outlined definition of a hazardous substance from hazardous substances that the Director of ADEQ must investigate within 90 days after the end of the public comment period, if ADEQ has received sufficient information identifying additional persons who may be responsible.
10. Defines annual authorized volume as, for an approved remedial action project, the annual authorized volume specified in a consent decree or other document approved by ADEQ or the EPA, except that:
a) if no annual authorized amount is specified in a consent decree or other document approved by ADEQ or the EPA, the annual authorized volume is the largest volume of groundwater withdrawn pursuant to the approved remedial action project in any year before the general effective date; and
b) if the Director of ADEQ increases the annual authorized volume, the annual authorized volume is the amount approved by the Director.
11. Adds, to the definition of hazardous substance, groundwater containing total dissolved solids between 1,000 and 10,000 milligrams per liter.
12. Removes, from the definition of inert material, material that, when subjected to a water leach test that is designed to approximate natural infiltrating waters, will not leach substances in concentrations that exceed numeric aquifer water quality standards, including overburden and wall rock that is not acid generating, taking into consideration acid neutralization potential, and that has not and will not be subject to mine leaching operations.
13. Includes, in the definition of remedial actions, for groundwater that meets the outlined definition of a hazardous substance, desalination of the groundwater to a level such that the groundwater no longer meets the definition of hazardous substance and complies with all applicable ADEQ potable drinking water standards.
14. Defines authorized remedial groundwater use to mean, for any year, the amount of remedial groundwater withdrawn pursuant to an approved remedial action project and used by a person with or applying for a certificate or designation of assured water supply during the year, not to exceed the annual authorized volume of the project.
15. Defines remedial groundwater to:
a) mean groundwater withdrawn pursuant to an approved remedial action project; and
b) not include groundwater withdrawn to provide an alternative water supply.
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date.
House Action
NREW 2/13/24 DP 6-4-0-0
3rd Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
March 19, 2024
RA/SDR/slp