Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 11 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY STANDARDS › Article 2 - WATER QUALITY STANDARDS FOR NON-WOTUS PROTECTED SURFACE WATERS › Section R18-11-209 - 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-specific or water segments-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 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.
5. Documentation that the proposed term is
				only as long as necessary to achieve compliance with applicable water quality
				standards.
6. Documentation that is
				appropriate to the type of designated use to which the variance would apply as
				follows. For a water quality standard variance documentation must include a
				demonstration of at least one of the following factors that preclude attainment
				of the use during the term of the variance:
a. Naturally occurring pollutant
				concentrations prevent attainment of the use;
b. 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;
c. 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;
d. 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;
e. 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;
f. 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.
7. For a waterbody segment-specific or
				segments-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 or pollutants
				or water quality parameter or parameters and water body or waterbody segment or
				segments 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 subsection
				(B)(7)(a) previously applied to the water body or waterbody segment or
				segments, documentation must also demonstrate whether and to what extent best
				management practices for nonpoint source controls were implemented to address
				the pollutant or pollutants or water quality parameter or parameters subject to
				the water quality variance and the water quality progress achieved.
8. 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: Identification of the permittee subject to the variance.