Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 1 - PRIMARY DRINKING WATER STANDARDS › Section R18-4-103 - General - 40 Cfr 141, Subpart A

Current through Register Vol. 30, No. 28, July 12, 2024
A.40 CFR 141, Subpart A (
				40
				CFR 141.1 through
				141.6 ), is
				incorporated by reference as of the date specified in
				R18-4-102,
				except for the changes listed in this Section; this incorporation does not
				include any later amendments or editions.
B. The definition of "State" in
				40
				CFR 141.2 is not incorporated by reference.
				In addition to the terms defined in A.R.S. §§
									49-201 and
				49-351,
				and 40 CFR 141.2, in this
				Chapter, unless otherwise specified, the terms listed below have the following
				meanings.
"Air-gap separation" means a physical separation between the
				  discharge end of a supply pipe and the top rim of its receiving vessel of at
				  least 1 inch or twice the diameter of the supply pipe, whichever is
				  greater.
"ANSI/NSF Standard 60" means American National Standards
				  Institute/NSF International Standard 60 - 2014a, Drinking Water Treatment
				  Chemicals - Health Effects, November 17, 2014, incorporated by reference and on
				  file with the Department. This material is available from NSF International,
				  789 N. Dixboro Road, P.O. Box 130140, Ann Arbor, MI 48113-0140, USA; (734)
				  769-8010;
http://www.nsf.org
. This
				  incorporation by reference includes no future editions or amendments.
"ANSI/NSF Standard 61" means American National Standards
				  Institute/NSF International Standard 61 - 2014a, Drinking Water System
				  Components - Health Effects, October 19, 2014, incorporated by reference and on
				  file with the Department. This material is available from NSF International,
				  789 N. Dixboro Road, P.O. Box 130140, Ann Arbor, MI 48113-0140, USA; (734)
				  769-8010;
http://www.nsf.org
. This
				  incorporation by reference includes no future editions or amendments.
"Backflow" means a reverse flow condition that causes water
				  or mixtures of water and other liquids, gases, or substances to flow back into
				  the distribution system. Backflow can be created by a difference in water
				  pressure (backpressure), a vacuum or partial vacuum (backsiphonage), or a
				  combination of both.
"Backflow-prevention assembly" means a mechanical device used
				  to prevent backflow.
"Capacity" means the overall capability of a water system to
				  consistently produce and deliver water meeting all national and state primary
				  drinking water regulations in effect when new or modified operations begin.
				  Capacity includes the technical, managerial, and financial capacities of the
				  water system to plan for, achieve, and maintain compliance with applicable
				  national and state primary drinking water regulations.
"Capacity development" means improving public water system
				  finances, management, infrastructure, and operations, so that the public water
				  system can provide safe drinking water consistently, reliably, and
				  cost-effectively.
"Capacity development report" means an annual report adopted
				  by the Department that describes progress made in improving technical,
				  managerial, or financial capacity of public water systems in Arizona.
"Cross connection" means a physical connection between a
				  public water system and any source of water or other substance that may lead to
				  contamination of the water provided by the public water system through
				  backflow.
"Distribution system" means a pipeline, appurtenance, device,
				  and facility of a public water system that conducts water from a source or
				  water treatment plant to persons served by the system.
"Department" means the Arizona Department of Environmental
				  Quality.
"Double check valve assembly" means a backflow-prevention
				  assembly that contains two independently acting check valves with tightly
				  closing, resilient-seated shut-off valves on each end of the assembly and
				  properly located, resilient-seated test cocks.
"Elementary business plan" means a document containing all of
				  the items necessary for a complete review of the technical, managerial, and
				  financial capacity of a new public water system under Article 6 of this
				  Chapter.
"Entry point to the distribution system" means a compliance
				  sampling point anywhere on a finished water line that is representative of a
				  water source and located after the well, surface water intake, treatment plant,
				  storage tank, or pressure tank, whichever is last in the process flow, but
				  prior to where the water is discharged into the distribution system and prior
				  to the first service connection.
"EPA" means the United States Environmental Protection
				  Agency.
"Exclusion" means a waiver granted by the Department under
				  R18-4-219 from a requirement of this Chapter that is not a requirement
				  contained in a federal drinking water law.
"Exemption" means a form of temporary relief from a maximum
				  contaminant level or treatment technique granted by the Department to a public
				  water system, pending installation and operation of treatment facilities,
				  acquisition of an alternate source, or completion of improvements in treatment
				  processes to bring the system into compliance with drinking water
				  regulations.
"Financial capacity" means the ability of a public water
				  system to acquire and manage sufficient financial resources for the system to
				  achieve and maintain compliance with the federal Safe Drinking Water
				  Act.
"Groundwater system" means a public water system that is
				  supplied solely by groundwater that is not under the direct influence of
				  surface water.
"Lead-free"
has the same meaning prescribed in A.R.S.
				  §
										49-353(B).
"Major stockholder" means a person who has 20% or more
				  ownership interest in a public water system.
"Master priority list" means a list created by the Department
				  that ranks public water systems according to the criteria in
				  R18-4-803.
"Monitoring assistance program" means the program established
				  by A.R.S. §
										49-360
				  to assist public water systems with mandatory monitoring for contaminants and
				  administered by the Department under 18 A.A.C. 4.
"Operational assistance" means professional or financial
				  assistance provided to a public water system to improve the technical,
				  managerial, or financial operations of the public water system.
"Protected water source" means a groundwater source
				  that:
* Meets the requirements of A.A.C.
				  R18-5-502(D);
* Is not located within 100 feet of a drywell as defined by
				  A.R.S. §
										49-331(3),
				  and
* Is not located within 100 feet of a condition that can
				  constitute an environmental nuisance as described in A.R.S. §
										49-141(A).
"Reduced pressure principle backflow-prevention assembly"
				  means a backflow-prevention assembly that contains two independently acting
				  check valves; a hydraulically operating, mechanically independent pressure
				  differential relief valve located between the two check valves; tightly
				  closing, resilient seated shut-off valves on each end of the check valve
				  assembly; and properly located resilient seated test cocks.
"Service connection" means a location at the meter or, in the
				  absence of a meter, at the curbstop or building inlet.
"Service line" means the water line that runs from the
				  corporation stop at a water main to the building inlet, including any pigtail,
				  gooseneck, or fitting.
"State" means the Arizona Department of Environmental
				  Quality, except during any time period during which the Department does not
				  have primary enforcement responsibility pursuant to Section 1413 of the Act,
				  the term "State" means the Regional Administrator of EPA Region 9.
"System evaluation assistance" means assistance provided to
				  assess the status of the public water system's technical, managerial, and
				  financial components, with emphasis on infrastructure status.
"Technical assistance" means operational assistance, system
				  evaluation assistance, or both.
"Treatment" means a process that changes the quality of water
				  by physical, chemical, or biological means.
"Treatment technique" means a treatment procedure promulgated
				  by EPA in lieu of an MCL.
"Variance" means relief from a maximum contaminant level or
				  treatment technique granted by the Department to a public water system when
				  characteristics of a system's raw water source preclude the system from
				  complying with maximum contaminant levels prescribed by drinking water
				  regulations, despite application of best technology, treatment techniques, or
				  other means available to the system.
"Water main" means a pipe that is exterior to buildings and
				  is used to distribute drinking water to more than one property.
"Water Infrastructure Finance Authority" means the entity
				  created under A.R.S. §
										49-1201 et
				  seq. to provide financial assistance to political subdivisions, Indian tribes,
				  and eligible drinking water facilities for constructing, acquiring, or
				  improving wastewater treatment facilities, drinking water facilities, nonpoint
				  source projects, and other related water quality facilities and
				  projects.
"Water treatment plant" means a process, device, or structure
				  used to improve the physical, chemical, or biological quality of the water in a
				  public water system. A booster chlorination facility that is designed to
				  maintain an effective disinfectant residual in water in the distribution system
				  is not a water treatment plant.
C.
									40 CFR
				141.4, entitled "variances and exemptions,"
				is incorporated by reference subject to the following modifications:
1. The phrase "entity with primary
				enforcement responsibility" is changed to "Department."
2. When reviewing and acting on requests for
				variances and exemptions, the Department shall act in accordance with the
				procedures at
				42
				U.S.C. 300g-4 and
				300g -
				5(2004)
				of the Act (Public Health Service Act §§ 1415 and 1416), including:
a. The Department shall require a public
				water system granted a variance under subsection (C) to comply with the
				requirements in a compliance schedule as expeditiously as
				practicable.
b. The Department
				shall promptly notify EPA of all variances and exemptions granted by the
				Department in the manner specified in the Act.
c. The Department shall enforce a schedule or
				other requirement on which a variance or exemption is conditioned under
				42 U.S.C.
				300g-3 and A.R.S. §
											49-354,
				as if the schedule or other requirement is part of a national primary drinking
				water regulation incorporated by reference in this Chapter.
d. "Treatment technique requirement," for the
				purpose of subsection (C), means a requirement in a national primary drinking
				water regulation which specifies for a contaminant, in accordance with
				42 U.S.C.
				300 f(1)(C)(ii), each treatment technique
				known to lead to a reduction in the level of the contaminant sufficient to
				satisfy the requirements of
				42
				U.S.C. 300g - 1(b).
e. If the Department grants a variance or
				exemption, the Department shall prescribe:
i.
				A compliance schedule that includes increments of progress or measures to
				develop an alternative source of water supply; and
ii. An implementation schedule that includes
				such control measures as the Department deems necessary for each
				contaminant.