Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 11 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY STANDARDS › Article 1 - WATER QUALITY STANDARDS FOR SURFACE WATERS › Section R18-11-122 - Variances

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon request,
				the Director may establish, by rule, a discharger-specific or water
				segment(s)-specific variance from a water quality standard if requirements
				pursuant to this section are met.
B. A person who requests a variance must
				demonstrate all of the following information:
1. Identification of the specific pollutant
				and water quality standard for which a variance is sought.
2. Identification of the receiving surface
				water segment or segments to which the variance would apply.
3. A detailed discussion of the need for the
				variance, including the reasons why compliance with the water quality standard
				cannot be achieved over the term of the proposed variance, and any other useful
				information or analysis to evaluate attainability.
4. A detailed discussion of the discharge
				control technologies that are available for achieving compliance with the water
				quality standard for which a variance is sought.
5. Documentation that more advanced treatment
				technology than applicable technology-based effluent limitations is necessary
				to achieve compliance with the water quality standard for which a variance is
				sought.
6. A detailed description
				of proposed interim discharge limitations and pollutant control activities that
				represent the highest level of treatment achievable by a point source
				discharger or dischargers during the term of the variance.
7. Documentation that the proposed term is
				only as long as necessary to achieve the highest attainable
				condition.
8. Documentation that is
				appropriate to the type of use to which the variance would apply as follows:
a. For a water quality standard variance to a
				use specified in Clean Water Act § 101(a)(2), documentation must include
				demonstration of at least one of the following factors that preclude attainment
				of the use during the term of the variance:
i.
				Naturally occurring pollutant concentrations prevent attainment of the
				use;
ii. Natural, ephemeral,
				intermittent or low flow conditions or water levels prevent the attainment of
				the use, unless these conditions may be compensated for by the discharge of
				sufficient volume of effluent discharges without violating state water
				conservation requirements to enable uses to be met;
iii. That human-caused conditions or sources
				of pollution prevent the attainment of the water quality standard for which the
				variance is sought and either (1) it is not possible to remedy the conditions
				or sources of pollution or (2) remedying the human-caused conditions would
				cause more environmental damage to correct than to leave in place;
iv. Dams, diversions or other types of
				hydrologic modifications preclude the attainment of the use, and it is not
				feasible to restore the water body to its original condition or to operate such
				modification n a way that would result in the attainment of the use;
v. Physical conditions related to the natural
				features of the water body, such as the lack of a proper substrate, cover,
				flow, depth, pools, riffles, and the like, unrelated to water quality, preclude
				attainment of aquatic life protection uses;
vi. That installation and operation of each
				of the available discharge technologies more advanced than those required to
				comply with technology-based effluent limitations to achieve compliance with
				the water quality standard would result in substantial and widespread economic
				and social impact; or
vii. Actions
				necessary to facilitate lake, wetland, or stream restoration through dam
				removal or other significant reconfiguration activities preclude attainment of
				the designated use and criterion while the actions are being
				implemented.
b. For a
				water quality standard variance to a use other than those uses specified in
				Clean Water Act § 101(a)(2), documentation must justify how consideration
				and value of the water subject to the use appropriately supports the variance
				and term. A demonstration consistent with (B)(8)(a) of this section may be used
				to satisfy this requirement.
9. For a waterbody segment(s)-specific
				variance, the following information is required before the Director may issue a
				variance, in addition to all other required documentation pursuant to this
				section:
a. Identification and documentation
				of any cost-effective and reasonable best management practices for nonpoint
				source controls related to the pollutant(s) or water quality parameter(s) and
				water body or waterbody segment(s) specified in the variance that could be
				implemented to make progress towards attaining the underlying designated use
				and criterion; and
b. If any
				variance pursuant to (B)(9)(a) of this section previously applied to the water
				body or waterbody segment(s), documentation must also demonstrate whether and
				to what extent best management practices for nonpoint source controls were
				implemented to address the pollutant(s) or water quality parameter(s) subject
				to the water quality variance and the water quality progress
				achieved.
10. For a
				discharger-specific variance, the following information is required before the
				Director may issue a variance, in addition to all other required documentation
				pursuant to this section:
a. Identification of
				the permittee subject to the variance;
b. For an existing point source discharge, a
				detailed description of the existing discharge control technologies that are
				used to achieve compliance with applicable water quality standards. For a new
				point source discharge, a detailed description of the proposed discharge
				control technologies that will be used to achieve compliance with applicable
				water quality standards; and
c.
				Documentation that the existing or proposed discharge control technologies will
				comply with applicable technology-based effluent limitations.