Ariz. Admin. Code § 18-9-A703

Current through Register Vol. 30, No. 24, June 14, 2024

Section R18-9-A703 - Recycled Water Individual Permit Application

A. To apply for a Recycled Water Individual Permit, a person shall provide the Department with:

1. The applicable permit fee specified under 18 A.A.C. 14; and

2. The following information on a form provided by the Department:

a. The name, e-mail address, telephone number, and mailing address of the owner or operator of the facility or, if applicable, the reclaimed water agent;

b. The latitude and longitude coordinates; township range, and section; site address, if applicable; and a map showing the facility or site location;

c. Any other federal or state environmental permits issued to the applicant;

d. Source of recycled water to be used;

e. The applicant may propose for approval, and the Department may issue, a single permit that includes more than one type of recycled water allowed by this article, including for multiple classes of reclaimed water, if the applicant demonstrates the waters will be treated appropriately for the end use;

f. The applicant may propose, and the Department may permit, the inclusion of kitchen sink and dishwasher wastewater with gray water under a Recycled Water Individual Permit, if the applicant demonstrates such waters will be treated appropriately for the end use;

g. Estimated volume of recycled water to be used on an annual basis;

h. Class of reclaimed water to be directly reused, if applicable;

i. Description of the use activity;

j. Any treatment measures utilized to meet or maintain reclaimed water quality standards or otherwise ensure the quality of the recycled water is fit for the intended use; and

k. The applicant's certification that the information submitted in the application is true and accurate to the best of the applicant's knowledge.

B. Public participation.

1. Notice of Preliminary Decision.

a. The Department shall publish the Notice of Preliminary Decision regarding the issuance or denial of a final permit determination on the Department's website.

b. The Department shall accept written comments from the public before a Recycled Water Individual Permit is issued or denied.

c. The written public comment period begins on the publication date of the Notice of Preliminary Decision and extends for 30 calendar days.

2. After publishing the notice specified in subsection (B)(1)(a), the Department shall hold a public hearing to address the Notice of Preliminary Decision if the Department determines that:

a. Significant public interest in a public hearing exists, or

b. Significant issues or information have been brought to the attention of the Department that are relevant to the permitting decision and have not been considered previously in the permitting process.

3. If the Department determines a public hearing is necessary and a public hearing has not already been noticed under subsection (B)(1)(a), the Department shall schedule a public hearing and republish the Notice of Preliminary Decision and notice of the public hearing on the Department's website.

4. The Department shall accept written public comment until the close of the hearing record as specified by the person presiding at the public hearing.

C. Final permit issuance or denial.

1. The Department may deny a Recycled Water Individual Permit if the Department determines upon completion of the application process the applicant has:

a. Failed or refused to correct a deficiency in the permit application;

b. Failed to demonstrate the facility and the operation will protect public health and water quality. This determination shall be based on:

i. The information submitted in the permit application,

ii. Any information submitted to the Department as written public comment or following a public hearing; or

iii. Any information relevant to the demonstration developed or acquired by the Department, or

c. Provided false or misleading information.

2. If the Department denies a Recycled Water Individual Permit the Department shall provide the applicant with written notification explaining the following:

a. The reasons for the denial with references to the statutes or rules on which the denial is based.

b. The applicant's right to appeal the denial, including the number of days the applicant has to file a notice of appeal, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process.

c. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

Ariz. Admin. Code § R18-9-A703

Former Section R9-20-405 repealed, new Section R9-20-405 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-405 renumbered without change as Section R18-9-705 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-705 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.