reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-213 - Standards for Additives, Materials, and Equipment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each product added directly to water
				during production or treatment shall conform to ANSI/NSF Standard 60. Products
				covered by this subsection include but are not limited to:
1. Coagulation and flocculation
				chemicals;
2. Chemicals for
				corrosion and scale control;
3.
				Chemicals for softening, precipitation, sequestering, and pH
				adjustment;
4. Disinfection and
				oxidation chemicals;
5. Chemicals
				for fluoridation, defluoridation, algae control, and dechlorination;
6. Dyes and tracers;
7. Antifreezes, antifoamers, regenerants, and
				separation process scale inhibitors and cleaners; and
8. Water well drilling and rehabilitation
				aids.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-214 - Hauled Water

Current through Register Vol. 30, No. 28, July 12, 2024
A. All hauled
				water for delivery to a public water system shall be obtained from a source
				that is approved pursuant to 18 A.A.C. 5, Article 5, or a regulated public
				water system.
B. Materials or
				products that come into contact with the water shall comply with
				R18-4-213(B).
C. Roof hatches shall
				be fitted with a watertight cover.
D. A bottom drain valve or other provisions
				to allow complete drainage and cleaning of a water transport container shall be
				provided.
E. Hoses that are used to
				deliver drinking water shall be equipped with a cap and shall remain capped
				when not in use.
F. A water hauler
				shall, at all times, maintain a residual free chlorine level of 0.2 mg/l to 1.0
				mg/l in the water that is hauled in a water transport container. A chlorine
				disinfectant shall be added at the time water is loaded into the container. The
				residual free chlorine level shall be measured each time water is off-loaded
				from the container. The water hauler shall maintain a log of all on-loading,
				chlorine disinfectant additions and residual-free chlorine measurements. Such
				records shall be maintained for at least three years and made available to the
				Department for review upon request.
G. A water transport container shall be for
				hauling drinking water only. The container shall be plainly and conspicuously
				labeled "For Drinking Water Use Only."
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-215 - Backflow Prevention

Current through Register Vol. 30, No. 28, July 12, 2024
A. A public
				water system shall protect its system from contamination caused by backflow
				through unprotected cross-connections by requiring the installation and
				periodic testing of backflow-prevention assemblies. Required
				backflow-prevention assemblies shall be installed as close as practicable to
				the service connection.
B. A public
				water system shall ensure that a backflow-prevention assembly is installed
				whenever any of the following occur:
1. A
				substance harmful to human health is handled in a manner that could permit its
				entry into the public water system. These substances include chemicals,
				chemical or biological process waters, water from public water supplies that
				has deteriorated in sanitary quality, and water that has entered a fire
				sprinkler system. A Class 1 or Class 2 fire sprinkler system is exempt from the
				requirements of this Section;
2. A
				source of water supply exists on the user's premises that is not accepted as an
				additional source by the public water system or is not approved by the
				Department;
3. An unprotected
				cross-connection exists or a cross-connection problem has previously occurred
				within a user's premises; or
4.
				There is a significant possibility that a cross-connection problem will occur
				and entry to the premises is restricted to the extent that cross-connection
				inspections cannot be made with sufficient frequency or on sufficiently short
				notice to ensure that unprotected cross-connections do not exist.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-216 - Vending Machines

Current through Register Vol. 30, No. 28, July 12, 2024
An owner of a water vending machine shall be responsible for
				  the proper operation of each water vending machine. The owner shall do all of
				  the following:
1. Clean and maintain
				each water vending machine according to the manufacturer's
				recommendations;
2. Retain
				maintenance and cleaning records for one year;
3. Have analyses performed at least once
				every six months for total coliform bacteria. Results of such analyses shall be
				retained for one year. If a sample is positive for total coliform, the water
				vending machine shall be removed from service, and all components shall be
				cleaned, replaced, or serviced. The water vending machine shall not be placed
				back into service until another total coliform bacteria analysis is performed
				and the result is negative; and
4.
				Maintain in operable condition all ultraviolet, ozone, or other disinfection
				components and automatic disabling capabilities built into the vending machine
				for use in the event of a disinfection system malfunction.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-217 - Use of Blending to Achieve Compliance with Maximum Contaminant Levels

Current through Register Vol. 30, No. 28, July 12, 2024
A. A public water
				system may use blending to achieve compliance with a MCL if all of the
				following requirements are met:
1. The public
				water system has obtained the Department's written approval for a blending plan
				that includes the following elements:
a.
				Detailed drawings and schematics that show flow, concentrations, and
				controls;
b. Proposed automatic or
				electronic devices that will be incorporated to ensure that the blend remains
				in the desired range or shuts off the offending source or triggers an alarm
				when the blend falls out of the desired range;
c. Individual test results from all sources
				proposed to be blended;
d.
				Projected contaminant levels that will result from blending that show both
				best-case and worst-case scenarios;
e. Identified techniques, and any other
				information requested by the Department, that show how the blending plan will
				produce water that will comply with MCLs; and
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-218 - Criteria and Procedures for Public Water Systems Using Point-of-entry or Point-of-use Treatment Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A water supplier may use a point-of-entry (POE) or point-of-use (POU) treatment
				technology to achieve compliance with a MCL or treatment technique if the water
				supplier meets the requirements of this Section.
B. A public water system may use a POE or POU
				treatment device to achieve compliance with a MCL, if the treatment device:
1. Is not used to achieve compliance with an
				MCL or treatment technique for a microbial contaminant or an indicator for a
				microbial contaminant, in accordance with
				42
				U.S.C. 300g - 1(b)(4)(E)(ii)
				(2007);
2. Is listed in 40 CFR 141
				as an acceptable compliance technology for the applicable
				contaminant;
3. Is certified
				against the applicable NSF/ANSI Standards;
4. Is owned, controlled and maintained by a
				public water system or by a person under contract with the public water system
				to ensure proper operation, maintenance, and compliance with MCLs or treatment
				techniques; and
5. Is equipped with
				mechanical warnings to ensure that customers are automatically notified of
				recommended system maintenance and or operational problems. This performance
				indication device shall provide notice to the end user at a defined moment in
				time without shutting off the POE or POU device.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-219 - Exclusions

Current through Register Vol. 30, No. 28, July 12, 2024
A. A water supplier
				may request an exclusion from any requirement contained in this Chapter if such
				requirement is not also a requirement contained in a federal drinking water
				law. The Department shall consider the application of a water supplier for an
				exclusion from compliance with portions of this Chapter if the water supplier
				satisfactorily demonstrates that:
1. The
				request is not for a requirement that could be the subject of a variance or
				exemption under
				R18-4-103;
2. The request is not for requirements
				relating to turbidity, nitrate, or microbiological contaminants; and
3. The exclusion will not result in
				unreasonable risk to public health.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 2 - STATE DRINKING WATER REGULATIONS › Section R18-4-223 - Use of Bottled Water

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				public water system may use bottled water on a temporary basis to avoid an
				unreasonable risk to health. A public water system shall not use bottled water
				to achieve compliance with a MCL.
B. If a public water system uses bottled
				water to avoid an unreasonable risk to health, the public water system is
				responsible for the provision of sufficient quantities of bottled water to
				every person served by the public water system via door-to-door bottled water
				delivery.
C. A public water system
				that uses bottled water as a condition for receiving a variance or an exemption
				shall comply with the following:
1. The
				public water system shall develop and put in place a monitoring program
				approved by the Department that provides reasonable assurances that the bottled
				water meets applicable MCLs. The public water system shall monitor a
				representative sample of the bottled water to determine compliance with
				applicable MCLs during the first three-month period that it supplies the
				bottled water to the public and annually thereafter. Results of the bottled
				water monitoring program shall be provided to the Department annually;
				or
2. The public water system shall
				receive a certification from the bottled water company that the bottled water
				supplied has been taken from an "approved source" as defined in
				21
				CFR 129.3(a); the bottled
				water company has conducted monitoring in accordance with
				21 CFR 129.80(g)(1) through
				(3); and the bottled water does not exceed
				any MCLs or quality limits as set out in
				21
				CFR 165.110, 21 CFR 110, and 21 CFR 129. The
				public water system shall provide the certification to the Department in the
				first quarter after it supplies bottled water and annually thereafter. The
				Department may waive the certification requirements prescribed in this
				subsection if an approved monitoring program is already in place in another
				state; and
3. The public water
				system is fully responsible for the provision of sufficient quantities of
				bottled water to every person served by the public water system via
				door-to-door bottled water delivery.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 3 - MONITORING ASSISTANCE PROGRAM › Section R18-4-301 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. A public water
				system that serves 10,000 or fewer persons shall participate in the monitoring
				assistance program. Within 60 days after receiving notice of participation in
				the monitoring assistance program from the Department, a public water system
				that determines that it serves more than 10,000 persons shall substantiate its
				determination by submitting to the Department the portion of the most recent
				census provided by the Arizona Department of Economic Security, Research
				Administration, Population Statistics Unit that supports the public water
				system's determination.
B. A public
				water system that is not obligated to participate in the monitoring assistance
				program may elect to participate in the monitoring assistance program if the
				owner of the public water system:
1. Notifies
				the Department in writing of the public water system's intention to participate
				in the monitoring assistance program,
2. Agrees to participate in the monitoring
				assistance program for a minimum of three years, and
3. Pays the fees required by
				R18-4-304.
				Subject to payment of the required fees, the public water system's
				participation shall begin at the start of the next full calendar year of a
				compliance period.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 3 - MONITORING ASSISTANCE PROGRAM › Section R18-4-302 - Contractor Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Under the monitoring assistance program, a contractor is authorized to collect,
				transport, analyze, and report water samples on behalf of a participating
				public water system. The contractor or a party designated by the contractor
				shall conduct baseline monitoring for all chemicals for which the system is
				required to monitor under this Chapter, except for copper, lead, disinfection
				byproducts, and microbiological contaminants, which remain the responsibility
				of the public water system. Baseline monitoring includes routine monitoring for
				contaminants included in the monitoring assistance program. Baseline monitoring
				does not include increased monitoring required by this Chapter when the results
				of baseline monitoring indicate the presence of a contaminant at a level that
				requires increased monitoring by a participating public water system.
B. A contractor shall deliver copies of
				monitoring analysis results to the public water system and to the
				Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 3 - MONITORING ASSISTANCE PROGRAM › Section R18-4-303 - Public Water System Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. Although a contractor performs baseline
				monitoring when a public water system participates in the monitoring assistance
				program, the public water system remains legally responsible for compliance
				with all other requirements of this Chapter.
B. The legal owner of a public water system
				participating in the monitoring assistance program shall notify the Department
				by July 1 of each year of:
1. The legal
				owner's name, current mailing address, and phone number;
2. The population currently served by the
				public water system;
3. The public
				water system identification number; and
4. The number of meters and service
				connections currently in the public water system.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 3 - MONITORING ASSISTANCE PROGRAM › Section R18-4-304 - Fees for the Monitoring Assistance Program

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall assess, and a public
				water system participating in the monitoring assistance program shall pay, the
				following annual fees, subject to adjustments referenced in subsection (B):
1. An annual fee of $250, and
2. A unit fee of $2.57 per meter or service
				connection.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 3 - MONITORING ASSISTANCE PROGRAM › Section R18-4-305 - Collection and Payment of Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall annually mail an invoice for fees to the legal owner of a
				public water system participating in the monitoring assistance program. The
				owner of the public water system shall pay the invoiced amount to the
				Department, at the address listed on the invoice, by the due date indicated on
				the invoice.
B. The Department
				shall make refunds or billing corrections if a public water system demonstrates
				an error in the amount billed. The owner of a public water system shall send a
				written request for a refund or correction to the Department, at the address on
				the invoice, within 90 days of the invoice date.
C. The Department may verify the number of
				meters and service connections of a participating public water
				system.
D. The Department shall not
				waive fees prescribed by
				R18-4-304.
E. The owner of a public water system that
				fails to pay fees assessed by the Department in a timely manner shall be
				subject to the penalties listed in A.R.S. §
									49-354.
				Failure to notify the Department of the owner's current mailing address does
				not relieve the owner of a public water system from liability for
				penalties.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 4 - OTHER SAFE DRINKING WATER ACT REGULATIONS › Section R18-4-402 - Use of Lead Free Pipes, Fittings, Fixtures, Solder, and Flux for Drinking Water - 40 CFR 143, Subpart B

Current through Register Vol. 30, No. 28, July 12, 2024
40 CFR
				  143, Subpart B (40 CFR 143.10 through
				  143.20) revised as of July 1, 2021
				  and published by the Office of the Federal Register, National Archives and
				  Records Administration is incorporated by reference. This rule does not include
				  any later amendments or editions of the incorporated material. Copies of the
				  incorporated material are available for inspection at the Arizona Department of
				  Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained
				  from the U.S. Government Publishing Office, bookstore.gpo.gov, P.O. Box.
				  979050, St. Louis, MO 63197-9000.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Section R18-4-601 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
This Article applies to new CWSs and new NTNCWSs that begin
				  operation on or after October 1, 1999. This Article does not apply to an
				  existing public water system.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Section R18-4-602 - Elementary Business Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				become a new public water system, an owner shall file an elementary business
				plan for review and approval by the Department, on a form provided by the
				Department. The elementary business plan shall meet the requirements of and
				contain all information required in
				R18-4-603,
				R18-4-604,
				and R18-4-605.
B. An owner shall
				not commence operation of a public water system without Department approval
				under R18-4-606.
C. If the owner of
				a new public water system fails to submit a complete application, the
				Department shall suspend the review process and send a notice of incomplete
				elementary business plan to the owner. The owner shall submit the missing
				information to the Department within 60 days of the date of the notice of
				incomplete elementary business plan. If missing information is not received at
				the Department within the 60 day time period, the Department shall deny the
				elementary business plan and return the elementary business plan to the
				owner.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Section R18-4-603 - Technical Capacity Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
An owner of a new public water system shall submit the
				  following to the Department for a determination of technical capacity:
1. Documentation of a drinking water source
				adequacy minimum of 50 gallons of water per person per day for a period of 100
				years, a 100 year water availability designation from the Arizona Department of
				Water Resources (ADWR), or a Certificate of Assured Water Supply from
				ADWR;
2. Documentation that the
				drinking water served to the public will meet the safe drinking water standards
				of this Chapter;
3. Documentation
				that infrastructure, treatment, and storage design meets the requirements of
				this Chapter, Articles 2, 3, and 5;
4. Documentation that the public water system
				is operated by a certified operator of the sufficient grade and type;
				and
5. Documentation that contains
				at least the following:
a. Day 1 to final
				build-out technical and engineering needs projections;
b. Proposed water system design specification
				and proposed uses including commercial and domestic use phases;
c. Information describing the life of the
				plant;
d. A demonstration that all
				site-specific components meet nationally recognized standards, such as those
				established by the American Water Works Association, National Sanitation
				Foundation, or Underwriter's Laboratory;
e. Manufacturers' specifications on
				components used in the construction of the water system; and
f. Corrective action plan to address
				site-specific component replacement or repair protocols based on manufacturer's
				recommendations or engineer's specification.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Section R18-4-604 - Managerial Capacity Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
An owner of a new public water system shall submit the
				  following information as part of the elementary business plan to the Department
				  for a determination of managerial capacity:
1. A statement of how the public water system
				is owned, such as by major stockholders, board of directors, sole proprietor
				cooperative, governmental agency or district, corporation, limited partnership,
				or limited liability corporation;
2. Name, address, and phone number of
				owner;
3. Organizational chart of
				the new public water system;
4.
				Staff job descriptions and responsibilities;
5. Water system capital improvement plan up
				to the proposed full system build-out or for a five-year projection, whichever
				is greater;
6. Certified operator
				grade and type that will be required by the new public water system, based upon
				water system design specifications;
7. A statement of the intent to create a CWS
				or NTNCWS and any intent to transfer ownership of the public water system as
				part of the construction plan or project phase build-out;
8. Method to ensure provision of information
				listed in Appendix B, item 4 to subsequent owners; and
9. A disclosure statement signed by the owner
				setting forth the owner's responsibility to comply with the requirements of
				this Article and to disclose all information relevant to the operation of the
				public water system upon transfer of ownership as outlined in Appendix
				B.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Section R18-4-605 - Financial Capacity Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
An owner of a new public water system shall submit
				  information for a five-year financial capacity plan, or a financial capacity
				  plan to the end of the build-out phase, whichever is longer, that demonstrates
				  financial capacity and documents or contains all of the information listed in
				  Appendices C and D.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Section R18-4-606 - Review, Approval, Denial Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall review and evaluate
				technical capacity, based upon the requirements in
				R18-4-603
				and Appendix A.
B. The Department
				shall review and evaluate managerial capacity, based upon the requirements in
				R18-4-604
				and Appendix A.
C. The Department
				shall accept a financial determination made by the Arizona Corporation
				Commission (ACC) as meeting the financial capacity requirements contained in
				this Article for a new CWS or new NTNCWS under the jurisdiction of the ACC. The
				applicant shall submit documentation to the Department that verifies ACC
				approval of the public water system's financial capacity.
D. The Department shall accept a financial
				determination as set forth in the certificate of assured water supply from the
				Arizona Department of Water Resources, Active Management Area Program (ADWR) as
				meeting the financial capacity requirements contained in this Article for a new
				CWS or new NTNCWS. The owner shall submit documentation to the Department that
				verifies ADWR approval of its financial capacity.
E. If a new public water system does not fall
				under financial review jurisdiction of the ACC or ADWR, the new CWS or new
				NTNCWS shall submit to the Department for review a completed financial capacity
				portion of the elementary business plan. The Department shall review and
				evaluate financial capacity, based upon the requirements in
				R18-4-605
				and Appendices A, C, and D.
F. The
				Department shall notify an owner of a new public water system in writing of a
				deficiency in the elementary business plan or approve or deny the elementary
				business plan within 90 days of a receipt of a complete elementary business
				plan. The owner shall have 60 days from the date of a notice of deficiency to
				submit to the Department the information necessary to correct the deficiency in
				the elementary business plan. If the owner of the new public water system fails
				to send the requested information so that it is received by the Department
				within 60 days of the date of the notice of deficiency, the Department shall
				deny the elementary business plan and return it to the owner with a written
				explanation for the denial and information on the appeal process.
G. If an owner modifies technical or
				managerial specifications at any time between the approval to construct and the
				approval of construction, the owner shall notify the Department of the need to
				modify the elementary business plan in the technical, managerial, and financial
				capacity documentation. The Department shall revoke approval of the elementary
				business plan if the owner fails to notify the Department within 30 days of a
				modification.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Section R18-4-607 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
An owner may appeal denial of an elementary business plan
				  under A.R.S. §
									41-1092 et
				  seq.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 6 - CAPACITY DEVELOPMENT REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM › Appendix D - Water System Financial Viability Tests

Current through Register Vol. 30, No. 28, July 12, 2024
Test 1: Will the proposed water system collect sufficient
				  revenues to meet all of its projected expenses?
Measurements:
a.
				Total Revenues - Total Expenses = Net Income > 0
b. Total Revenues - One-Time Revenues -
				Interest Income - Other Income = Operating Revenues
c. Total Expenses - One-Time Expenditures -
				Debt Service - Capital Outlays = Operating Expenditures
d. Operating Revenues - Operating Expenses =
				Net Revenues > 0
e. Operating
				Ratio = Operating Expenses = 1 Operating Revenues
Test 2: Will the proposed water system generate
				  reserves?
The following measurements shall be > 0 at the time
				  submitted:
a. Operating Cash Reserve =
				$___________
b. Replacement Reserve
				= $____________
c. Working Capital
				= Current Assets - Current Liabilities
Test 3: Are the proposed rates reasonable compared to the
				  median household income of the area to be served?
The following measurement shall be:
Average Annual Rates < Median Household Income* x
				  2.5%.
*The sources of median household income data include the most
				  recent United States Census Bureau (USCB) data collected by the Department or
				  generated by an impartial third party experienced in collecting income data and
				  supplied to the Department by the applicant seeking viability determinations.
				  Acceptable sources of income data, other than USCB data include feasibility
				  studies, engineering reports, market studies, income surveys, or another source
				  or collection methodology approved by the Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 8 - TECHNICAL ASSISTANCE › Section R18-4-802 - Technical Assistance Plan

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall include a technical assistance plan in
				  the capacity development report it publishes annually. The technical assistance
				  plan shall include a description of the types of technical assistance the
				  Department expects to provide, the sources and uses of technical assistance,
				  and a master priority list.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 8 - TECHNICAL ASSISTANCE › Section R18-4-803 - Master Priority List

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				year the Department shall develop a master priority list that ranks public
				water systems according to their need for technical assistance.
B. The Department shall rank public water
				systems on the master priority list based on consideration of the following
				criteria:
1. Size of population
				served,
2. Type of public water
				system,
3. Type of
				ownership,
4. Water source (surface
				water or ground water),
5.
				Participation in the monitoring assistance program,
6. History of major monitoring or reporting
				deficiencies,
7. History of acute
				or non-acute MCL violations,
8.
				History of operation or maintenance violations,
9. Lack of a certified operator,
10. Prior assistance from the Department or
				the Water Infrastructure Finance Authority within the last five years,
				and
11. Any or other measurable
				objective criteria related to the technical, managerial, or financial capacity
				of a public water system.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 4 - DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER › Article 8 - TECHNICAL ASSISTANCE › Section R18-4-804 - Technical Assistance Awards

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall award technical assistance to the public water systems
				with the highest ranking on the master priority list, as funding
				permits.
B. The Department may
				provide technical assistance directly, or the Department may employ a
				consultant to provide the assistance.
C. If a public water system refuses technical
				assistance offered by the Department, or the Department determines that a
				public water system is not able to proceed with technical assistance within the
				next fiscal year, the Department shall bypass the public water system on the
				master priority list. The Department shall replace a bypassed public water
				system with the public water system next in line to receive technical
				assistance in accordance with the priority criteria in
				R18-4-803(B).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-102 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. The rules in
				this Article apply to owners and operators of facilities in Arizona.
B. The following facilities are exempt from
				the requirements of this Article:
1. A public
				water system that meets the nonapplicability criteria in
				R18-4-102.
2. A septic tank or collection system that
				discharges to a septic tank.
3. A
				collection system that serves 2,500 or fewer persons and discharges into a
				facility that is operated by a certified operator.
4. A collection system that serves a
				nonresident population and discharges into a collection system operated by a
				certified operator.
5. An
				irrigation system, an industrial water facility, or a similar facility in which
				water is not used for domestic or drinking purposes.
6. An irrigation or industrial wastewater
				facility used to treat, recycle, or impound industrial or agricultural wastes
				within the boundaries of the industrial or agricultural property.
7. An industrial waste pretreatment facility
				in which treated wastewater is released to a collection system or wastewater
				treatment plant that is regulated by this Article.
8. A facility for treating industrial wastes
				that are not treatable by biological means.
9. A facility used to impound surface water
				before the water is conducted to a water treatment plant.
10. A wastewater treatment device that serves
				a home.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-103 - Certification Committee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon the
				effective date of this rule, the Director shall establish a certification
				committee to make recommendations and to provide the Department with technical
				advice and assistance related to this Article when requested.
B. The certification committee shall consist
				of 11 members as follows:
1. One employee of
				the Department;
2. One currently
				employed wastewater treatment plant operator with Grade 4
				certification;
3. One currently
				employed water treatment plant operator with Grade 4 certification;
4. One currently employed wastewater
				collection system operator with Grade 4 certification;
5. One currently employed water distribution
				system operator with Grade 4 certification;
6. One faculty member teaching sanitary
				sciences at an Arizona university or community college;
7. One professional engineer, registered and
				residing in Arizona, engaged in consulting in the field of sanitary
				engineering;
8. One elected or
				appointed municipal official;
9.
				One representative of an investor-owned water or wastewater facility;
10. One representative of a small public
				water system; and
11. One currently
				employed remote operator representative.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-104 - General Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				facility owner shall ensure that at all times:
1. A facility has an operator in direct
				responsible charge who is certified for the class of the facility and at or
				above the grade of the facility;
2.
				An operator makes all decisions about process control or system integrity
				regarding water quality or water quantity that affects public health; however,
				an administrator who is not a certified operator may make a planning decision
				regarding water quality or water quantity if the decision is not a direct
				operational process control or system integrity decision that affects public
				health;
3. An operator who is in
				direct responsible charge of more than one facility is certified for the class
				of each facility and at or above the grade of the facility with the highest
				grade;
4. An operator who replaces
				the operator in direct responsible charge does not begin operation of the
				facility before being certified for the applicable class and at or above the
				grade of the facility;
5. In the
				absence of the operator in direct responsible charge, the operator in charge of
				the facility is certified for the applicable class of facility and at a grade
				no lower than one grade below the grade of the facility; and
6. The names of all current operators are on
				file with the Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-105 - Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall issue an operator certificate to an applicant if the applicant:
1. Meets the experience and education
				requirements in
				R18-5-112
				for the applicable class and grade,
2. Passes a written examination for the
				applicable class and grade, and
3.
				Has not had an operator's certificate revoked in Arizona or permanently revoked
				in another jurisdiction.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-106 - Examinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall provide for examinations for certification of operators. The Department
				may contract with third party examiners for administration of examinations,
				based on its assessment of the quality of the examination services. The
				Department shall ensure that a list of approved examiners is available upon
				request.
B. The Department shall
				validate all examinations before administration. Each examination shall include
				topics such as treatment technologies, system maintenance, regulatory
				protocols, safety, mathematics, and general system management.
C. The examiner shall grade the examination
				and make the results available to the applicant and the Department within seven
				days of the date of the examination.
D. An applicant shall not be admitted to an
				examination without a valid picture I.D.
E. An individual shall make a score of 70
				percent on the examination in order to attain a passing grade.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-107 - Certificate Renewal

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				Department renews a certificate, the certificate is renewed for three years,
				unless the operator requests a shorter renewal period in writing.
B. To renew a certificate, an operator shall
				complete and submit to the Department an operator certificate renewal form
				approved by the Department. An operator shall maintain documentation and
				provide the documentation to the Department upon request to verify completion
				of at least 30 PDHs accumulated during a certification period. The operator
				shall provide documentation of PDHs in a format acceptable to the Department.
				At least 10 of the PDHs shall directly relate to the specific job functions of
				the operator. If an operator holds multiple certificates, the operator may
				apply required PDHs to all certificates if the PDHs are acquired within the
				applicable certification period. The operator's supervisor or the entity that
				provides the education or training shall verify completion of each PDH in
				writing. An operator shall maintain documentation of completion of PDHs for a
				minimum of five years.
C. As an
				alternative to the requirements of subsection (B), an operator may renew a
				certificate by taking and passing an examination for the applicable class and
				grade.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-108 - Certificate Expiration

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				certificate expires on the expiration date printed on the certificate. An
				operator may reinstate an expired certificate for the same class and grade
				without examination if the operator files the documentation required in
				R18-5-107(B) with the Department within 90 days of the certificate expiration
				date.
B. If an expired certificate
				is not renewed within 90 days of the certificate expiration date, the
				Department shall not reinstate the certificate. To be recertified, the operator
				shall reapply and be reexamined as a new applicant.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-109 - Denial, Suspension, Probation, and Revocation

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Department decides to deny,
				suspend, or revoke a certificate, or to place an operator on probation, the
				Department shall act in accordance with A.R.S. Title 41, Chapter 6, Article 10
				and 18 A.A.C. 1, Article 2.
B. The
				Department may revoke or suspend a certificate, or place an operator on
				probation, if the Department finds that the operator:
1. Operates a facility in a manner that
				violates federal or state law;
2.
				Negligently operates a facility or negligently supervises the operation of a
				facility;
3. Fails to comply with a
				Department order or order of a court;
4. Obtains, or attempts to obtain, a
				certificate by fraud, deceit, or misrepresentation;
5. Engages in fraud, deceit, or
				misrepresentation in the operation or supervision of a facility;
6. Knowingly or negligently prepares a false
				or fraudulent report or record regarding the operation or supervision of a
				facility;
7. Endangers the public
				health, safety, or welfare;
8.
				Fails to comply with the terms or conditions of probation or suspension;
				or
9. Fails to cooperate with an
				investigation by the Department including failing or refusing to provide
				information required by this Article.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-110 - Reciprocity

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall issue a certificate to an applicant who
				  holds a valid certificate from another jurisdiction, if the applicant:
1. Passes a written, validated examination in
				Arizona or in another jurisdiction that administers an examination that is
				substantially equivalent to the examination in Arizona and validated by the
				Department, and
2. Submits written
				evidence of the experience and education required under
				R18-5-112.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-112 - Experience and Education

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall consider the following criteria to determine whether an
				applicant has the experience and education required for certification in a
				specific class and grade:
1. Years of
				experience at a lower grade;
2.
				Qualifying experience in the same or a related field; and
3. Education in a qualifying
				discipline.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-113 - Classes of Facilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall classify a facility in one of four classes:
1. Water treatment plant,
2. Water distribution system,
3. Wastewater treatment plant, or
4. Wastewater collection system.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 5 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION › Article 1 - CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS › Section R18-5-114 - Grades of Wastewater Treatment Plants and Collection Systems

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall grade a wastewater treatment plant or
				  collection system according to population equivalent served, degree of hazard
				  to public health, class of facility, and degree of treatment, as
				  follows:
1. Grade 1 includes:
a. A stabilization pond that serves 2,000 or
				fewer persons;
b. A wastewater
				treatment plant not designated as Grade 2, 3, or 4; or
c. A collection system that serves 2,500 or
				fewer persons.