Ariz. Admin. Code § 18-11-107

Current through Register Vol. 30, No. 25, June 21, 2024

Section R18-11-107 - Antidegradation

A. The Director shall, using R18-11-107.01 and this Section, determine whether there is degradation of water quality in a surface water on a pollutant-by-pollutant basis.

B. Tier 1: The level of water quality necessary to support an existing use shall be maintained and protected. No degradation of existing water quality is permitted in a surface water where the existing water quality does not meet the applicable water quality standards.

C. Tier 2: Where existing water quality in a surface water is better than the applicable water quality standard the existing water quality shall be maintained and protected. The Director may allow degradation of existing water quality in the surface water, if the Director makes all of the following findings:

1. The water quality necessary for existing uses is fully protected and water quality is not lowered to a level that does not comply with applicable water quality standards,

2. The highest statutory and regulatory requirements for new and existing point sources are achieved,

3. All cost-effective and reasonable best management practices for nonpoint source pollution control are implemented, and

4. Allowing lower water quality is necessary to accommodate important economic or social development in the area where the surface water is located.

D. Tier 3: Existing water quality shall be maintained and protected in a surface water that is classified as an OAW under R18-11-112. Degradation of an OAW under subsection (C) is prohibited.

E. The Director shall implement this Section in a manner consistent with § 316 of the Clean Water Act [ 33 U.S.C. 1326 ] if a potential water quality impairment associated with a thermal discharge is involved.

Ariz. Admin. Code § R18-11-107

Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).