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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1364

 

aquifer protection permits; injection wells.

Purpose

            Modifies permit requirements for class V injection wells and requirements for the stay of an Arizona Pollutant Discharge Elimination System (AZPDES) permit pending an appeal.

Background

Class V Injection Wells

            A class V well is a well that is used to inject nonhazardous fluids below the land surface. Class V wells are regulated as part of Arizona’s Underground Injection Control Permit Program or the federal injection control program (U.S. EPA).

            Statute requires the Arizona Department of Environmental Quality (ADEQ) to establish an Underground Injection Control Permit Program (UIC Program) and the underground injection well permitting process. An underground injection must be conducted into a permitted underground injection well and activities that allow the movement of fluid containing any contaminant into underground sources of drinking water are prohibited (A.R.S. § 49-257.01).

            A person who discharges or the owner or operator of any discharge facility is required to obtain an Aquifer Protection Permit (APP) from ADEQ, unless the activities qualify for an exemption or do not create a migration of pollutants directly to the aquifer or the vadose zone.

            Under current statute, an underground injection well, except a class V well, that is permitted under ADEQ’s UIC Program or the federal injection control program, in the case Arizona’s program no longer meets the federal requirements, is exempt from the requirement to obtain an APP (A.R.S. § 49-241).

AZPDES Permit

            Pursuant to statute and the federal Clean Water Act, a person may not discharge any pollutant into navigable waters from any point source without obtaining an AZPDES permit (A.R.S. Title 49, Chapter 2, Article 3.1). If a decision by the Director of ADEQ to issue a permit for a new facility is appealed, the facility may not discharge any pollutants inconsistent with the Director of ADEQ's decision until the appeal process is completed. Under current statute, if a notice to appeal the Director of ADEQ's decision to issue an AZPDES permit is filed, the contested permit provisions specifically identified in the notice of appeal and any nonseverable provisions are automatically stayed while the appeal is pending, including during court proceedings. Any uncontested or severable provisions of the permit remain in effect and enforceable 30 days after the notice of appeal is served to the permittee, the Water Quality Appeals Board and any party who commented on the proposed action of the permit conditions (A.R.S. § 49-324).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Class V Injection Wells

1.   Modifies the statutory exemption from APP requirements to:

a)   specify that class V wells must operate according to rules governing the UIC Program or the federal injection control program; and

b)   remove the requirement that the exemption not apply until the U.S. EPA approves the ADEQ UIC Program.

2.   Removes the exemption for a class V well from the UIC Program requirements if the well has an APP that satisfies federal underground injection control requirements.

AZPDES Permit Appeal

3.   Requires the contested and nonseverable provisions of an AZPDES permit that are subject to a notice of appeal to be stayed pending an appeal before the Water Quality Appeals Board, rather than while the appeal is pending, including during any court proceeding.

4.   Specifies that a notice of appeal of an AZPDES permit must be filed with the Water Quality Appeals Board.

Miscellaneous

5.   Makes technical and conforming changes.

6.   Becomes effective on the general effective date.

Prepared by Senate Research

February 1, 2021

KN/gs