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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
water quality; testing; on-site
Purpose
Allows a city or a town with a population between 1,000 and 9,999 persons, for aquifer protection permits issued to the city or town, to test bacteriological samples on-site with approved testing equipment. Prohibits the Arizona Department of Environmental Quality (ADEQ) from requiring a community water system that is located in a county with a population of 400,000 persons or fewer and that serves 25 or fewer service connections to maintain a minimum storage capacity that is larger than 1,000 gallons.
Background
Any person who
discharges or who owns or operates a facility that discharges must obtain an
aquifer protection permit from the Director of ADEQ or the Director's designee.
Unless statutorily exempted or unless the Director of ADEQ determines that a
facility will be designed, constructed and operated so that there will be no
migration of pollutants directly to the aquifer or to the vadose zone. The
following are considered to be discharging facilities that must be operated
pursuant to either an individual permit or general permit: 1) surface
impoundments; 2) solid waste disposal facilities except for mining overburden
and wall rock that has not been and will not be subject to mine leaching
operations; 3) injection wells; 4) land treatment facilities; 5) facilities
that add a pollutant to a salt dome or salt bed formation, dry well or
underground cave or mine; 6) mine tailing piles and ponds; 7) mine leaching
operations; 8) underground water storage facilities;
9) sewage treatment facilities; and 10) wetlands designed and constructed to
treat municipal and domestic wastewater for underground storage (A.R.S. § 49-241).
A person is prohibited from discharging except under the following conditions: 1) in conformance with a permit that is issued or authorized under the Arizona Pollutant Discharge Elimination System Program (AZPDES) or under rules adopted by the Director of ADEQ relating to water quality standards; or 2) pursuant to a permit that is issued or authorized by the U.S. Environmental Protection Agency (EPA) until a permit that is issued under the AZPDES takes effect. The Director of ADEQ must adopt rules to establish an AZPDES permit program for discharges to Waters of the United States consistent with the requirements of the federal Clean Water Act (A.R.S. § 49-255.01).
Discharge is the addition of a pollutant from a facility either directly to an aquifer or to the land surface or the vadose zone in such a manner that there is a reasonable probability that the pollutant will reach an aquifer (A.R.S. § 49-201).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a city or town with a population between 1,000 and 9,999 persons, for aquifer protection permits issued to the city or town, to test bacteriological samples on-site with testing equipment that is approved by the EPA.
2. Requires the rules adopted by the Director of ADEQ relating to the AZPDES to provide for a city or town with a population between 1,000 and 9,999 persons, to use on-site testing equipment that is approved by the EPA to detect bacteriological material.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Removes the authorization for the Director of ADEQ to require a city or town with a population between 1,000 and 9,999 persons to complete bacteriological sampling up to four times per month.
2. Prohibits ADEQ from requiring a community water system that is located in a county with a population of 400,000 persons or less and that serves 25 or fewer service connections to maintain a minimum storage capacity that is larger than 1,000 gallons.
3. Makes technical and conforming changes.
Senate Action House Action
NR 2/10/26 DP 5-3-0 NREW 3/24/26 DPA 6-4-0-0
3rd Read 2/25/26 16-11-3 3rd Read 5/5/26 31-20-9
Prepared by Senate Research
May 5, 2026
SB/hk