Current through Register Vol. 30, No. 38, September 20, 2024
A. Use of remedial groundwater by a municipal
provider before January 1, 2025 2050, is deemed consistent with the management
goal of the AMA in which the remedial groundwater is withdrawn and is excluded
when determining compliance with management goal requirements in this Article
if all of the following apply:
1. The
Director determines that the remedial groundwater use is consistent with the
management goal under subsection (F) or (H) of this Section or the remedial
groundwater use is consistent with the management goal under subsection (J) of
this Section; and
2. The municipal
provider complies with the metering and reporting requirements in subsection
(K) of this Section.
B.
A municipal provider that is using remedial groundwater or that has agreed in a
consent decree or other document approved by ADEQ or the EPA to use remedial
groundwater may apply to the Director for a determination that the municipal
provider's use of the remedial groundwater is consistent with the management
goal of the active management area by submitting an application on a form
provided by the Director with the information required in subsection (D) of
this Section before January 1, 2010.
C. A municipal provider filing an application
under subsection (B) of this Section for remedial groundwater use associated
with a treatment plant in operation before June 15, 1999, may request an
increase in the project's annual authorized volume at the time the application
is filed. The Director shall grant the request and increase the annual
authorized volume up to the maximum treatment capacity of the treatment plant
if the municipal provider submits evidence that an increase in the annual
authorized volume is necessary to further the purpose of the remedial action
project and that the increase is not in violation of the consent decree or
other document approved by ADEQ or the EPA for the remedial action
project.
D. An applicant shall
provide the following with an application submitted under subsection (B) of
this Section:
1. A document evidencing ADEQ's
or EPA's approval of the municipal provider's withdrawal and use of remedial
groundwater, such as a remedial action plan, record of decision, or consent
decree;
2. The volume of remedial
groundwater that will be withdrawn and used annually by the municipal provider
and the purpose for which the remedial groundwater will be used;
3. The time period during which the remedial
groundwater will be withdrawn and used by the municipal provider;
4. A reference to the annual authorized
volume provided in the document submitted pursuant to subsection (D)(1) of this
Section or, if the document submitted pursuant to subsection (D)(1) does not
specify the annual authorized volume for the project, the annual authorized
volume claimed by the municipal provider and a written justification for that
volume;
5. If the approved remedial
action project is currently operating, the volume of remedial groundwater
withdrawn pursuant to the project for each year before the year in which the
application is filed;
6. The
designated provider or certificate to which the remedial groundwater will be
pledged;
7. If the municipal
provider is requesting an increase in the annual authorized volume of the
project pursuant to subsection (C) of this Section, evidence that the increase
is necessary to further the purpose of the remedial action project and that the
increase is not in violation of the consent decree or other document approved
by ADEQ or the EPA for the project;
8. The name and telephone number of a person
the Department may contact regarding the application; and
9. Any other information reasonably required
to assist the Director in making the determination under subsection (F) of this
Section.
E. After
receiving an application under subsection (B) of this Section, the Director
shall determine that the application is complete and correct if it contains all
the information required in subsection (D) of this Section and the Director
verifies that the information is accurate. If the Director determines that the
application is complete and correct, the Director shall assign a priority date
to the application according to the following:
1. If the Director determines that the
application was complete and correct when filed, the priority date of the
application is the date the application was filed.
2. If the Director determines that the
application was not complete or correct when filed because of minor
deficiencies, the Director shall notify the applicant of the deficiencies in
writing and give the applicant 30 days to correct the deficiencies. If the
applicant submits the necessary information to correct the deficiencies within
30 days after the date of the notice, the priority date of the application is
the date the application was filed.
3. If the Director determines that the
application was not complete or correct when filed and that the deficiencies
are not minor, the Director shall notify the applicant of the deficiencies and
give the applicant at least 60 days to submit the necessary information to
correct the deficiencies. If the applicant submits the necessary information to
correct the deficiencies within the time allowed by the Director, the priority
date of the application is the date the applicant submits the necessary
information to correct the deficiencies.
F. The Director shall approve a complete and
correct application filed under subsection (B) of this Section if the Director
determines that the applicant will use remedial groundwater before January 1,
2050. If the Director approves a municipal provider's application, the Director
shall calculate the amount of remedial groundwater use that is consistent with
the management goal of the AMA as follows:
1.
The Director shall determine the total annual amount of remedial groundwater
use in all AMAs that is deemed to be consistent with the management goal under
this subsection and subsections (H) and (I) of this Section for applications
with a priority date earlier than the priority date of the municipal provider's
application.
2. If the amount
determined in subsection (F)(1) of this Section is less than 65,000 acre-feet
and the difference between those amounts is equal to or greater than the
municipal provider's authorized remedial groundwater use during the year, the
amount of remedial groundwater use by the municipal provider that is deemed to
be consistent with the management goal during the year is the amount of the
municipal provider's authorized remedial groundwater use during the
year.
3. If the amount determined
in subsection (F)(1) of this Section is less than 65,000 acre-feet and the
difference between those amounts is less than the municipal provider's
authorized remedial groundwater use during the year, the amount of remedial
groundwater use by the municipal provider that is deemed consistent with the
management goal during the year is the amount of the municipal provider's
authorized remedial groundwater use during the year up to the difference
between the amount determined in subsection (F)(1) and 65,000 acre-feet, plus a
percentage of the municipal provider's authorized remedial groundwater use
during the year that exceeds the difference. The percentage is 50 percent for
calendar years 2000 through 2009, 25 percent for calendar years 2010 through
2019, and 10 percent for calendar years 2020 through 2024.
4. If the amount determined in subsection
(F)(1) of this Section is equal to or greater than 65,000 acre-feet, the amount
of remedial groundwater use by the municipal provider that is deemed consistent
with the management goal during the year is a percentage of the municipal
provider's authorized remedial groundwater use during the year. The percentage
is 50 percent for calendar years 2000 through 2009, 25 percent for calendar
years 2010 through 2019, and 10 percent for calendar years 2020 through
2024.
G. If the Director
determines that remedial groundwater use by a municipal provider is consistent
with the management goal of the active management area under subsection (F) of
this Section, the determination shall apply to remedial groundwater used by the
municipal provider between the priority date of the application and January 1,
2050.
H. If, before the effective
date of this Section, a municipal provider filed an application with the
Director requesting that the Director determine that the provider's use of
remedial groundwater according to an approved remedial action project is
consistent with the management goal of the active management area under Laws
1997, Ch. 287, § 52, as amended by Laws 1999, Ch. 295, § 50, the
following shall apply:
1. If the Director
approved the application before the effective date of this Section and
determined the annual amount of remedial groundwater use by the applicant that
will be considered consistent with the management goal, the Director's
determination shall apply after the effective date of this Section and the
Director shall include the annual amount of remedial groundwater use determined
by the Director to be consistent with the management goal in the total amount
of remedial groundwater determined in subsection (F)(1) of this
Section.
2. If the Director did not
approve the application before the effective date of this Section, the Director
shall process the application under subsections (E) and (F) of this Section. If
the Director approves the application, the Director's determination shall apply
to remedial groundwater withdrawn and used by the municipal provider according
to the approved remedial action project from the priority date of the
application until January 1, 2050.
I. A municipal provider that is using
remedial groundwater that has been determined by the Director to be consistent
with the management goal under subsection (F) or (H) of this Section may apply
to the Director for an increase in the annual authorized volume of the approved
remedial action project as follows:
1. The
applicant shall submit an application on a form provided by the
Director.
2. The Director shall
determine that the application is complete and correct if it contains all of
the required information and the Director verifies that the information is
accurate.
3. If the Director
determines that an application filed under this subsection is complete and
correct, the Director shall assign a priority date to the application using the
criteria in subsection (E) of this Section.
4. The Director shall approve the application
if the municipal provider submits information that demonstrates one of the
following:
a. The annual authorized volume of
the approved remedial action project has been increased in a consent decree or
other document approved by ADEQ or the EPA; or
b. An increase is necessary to further the
purpose of the approved remedial action project, and the increase is not in
violation of the consent decree or other document approved by ADEQ or the EPA
for the project.
5. If
the Director approves the application, the Director shall determine the
additional annual amount of remedial groundwater use by the municipal provider
that is deemed consistent with the management goal of the active management
area, using the criteria in subsections (F) and (G) of this Section. The
Director shall include the annual amount of remedial groundwater use determined
by the Director to be consistent with the management goal under this subsection
in the total amount of remedial groundwater determined in subsection (F)(1) of
this Section.
J. Until
January 1, 2050, use of remedial groundwater by a municipal provider during a
year is deemed consistent with the management goal of the AMA in which the
remedial groundwater was withdrawn without approval of the Director under
subsection (F) or (H) of this Section if:
1.
The total annual amount of remedial groundwater withdrawn from all wells
according to the approved remedial action project does not exceed 250
acre-feet; and
2. If remedial
groundwater withdrawals according to the approved remedial action project
commenced before June 15, 1999, the municipal provider notified the Director in
writing of the volume and duration of the anticipated withdrawals on or before
August 15, 1999. If remedial groundwater withdrawals according to the approved
remedial action project commenced on or after June 15, 1999, the municipal
provider gave written notice of the volume and duration of the anticipated
withdrawals on or before August 15, 1999, or before the date the withdrawals
commenced, whichever is later. If the municipal provider gives notice after the
effective date of this Section, the municipal provider shall include or attach
all of the following:
a. A copy of a document
evidencing ADEQ's or EPA's approval of the municipal provider's withdrawal and
use of remedial groundwater, such as a remedial action plan, record of
decision, or consent decree;
b. The
volume of remedial groundwater that will be withdrawn and used annually by the
municipal provider and the purpose for which the remedial groundwater will be
used;
c. The time period during
which the remedial groundwater will be withdrawn and used by the municipal
provider;
d. If the approved
remedial action project is currently operating, the volume of remedial
groundwater withdrawn according to the project for each year before the year in
which the application is filed;
e.
The designated provider or certificate of assured water supply to which the
remedial groundwater will be pledged; and
f. The name and telephone number of a person
the Department may contact regarding the exemption.
K. A municipal provider
withdrawing remedial groundwater that has been determined to be consistent with
the management goal under subsection (F) or (H) of this Section or that is
consistent with the management goal under subsection (J) of this Section shall
meter the remedial groundwater withdrawals separately from groundwater
withdrawn pursuant to another groundwater withdrawal authority. The municipal
provider shall include in its annual reports, filed under A.R.S. §
45-632,
the amount of remedial groundwater withdrawn during the reporting year that is
consistent with the management goal under this Section and the purposes for
which the remedial groundwater was used.
