Current through Register Vol. 30, No. 38, September 20, 2024
A. General
requirements and prohibitions.
1. No person
shall discharge sewage or wastewater that contains sewage from an on-site
wastewater treatment facility except under an Aquifer Protection Permit issued
by the Director.
2. A person shall
not install, allow to be installed, or maintain a connection between any part
of an on-site wastewater treatment facility and a drinking water system or
supply so that sewage or wastewater contaminates the drinking water.
3. A person shall not bypass or release
sewage or partially treated sewage that has not completed the treatment process
from an on-site wastewater treatment facility.
4. A person shall not use a cesspool for
sewage disposal.
5. A person
constructing a new on-site wastewater treatment facility or replacing the
treatment works or disposal works of an existing on-site wastewater treatment
facility shall connect to a sewage collection system if either (a) or (b) below
apply:
a. One of the following applies:
i. A provision of a Nitrogen Management Area
designation under
R18-9-A317(C)
requires connection;
ii. A county,
municipal, or sanitary district ordinance requires connection; or
iii. The on-site wastewater treatment
facility is located within an area identified for connection to a sewage
collection system by a Certified Area-wide Water Quality Management Plan
adopted under 18 A.A.C. 5 or a master plan adopted by a majority of the elected
officials of a board or council for a county, municipality, or sanitary
district; or
b. A sewer
service line extension is available at the property boundary and both of the
following apply:
i. The service connection fee
is not more than $6000 for a dwelling or $10 times the daily design flow in
gallons for a source other than a dwelling, and
ii. The cost of constructing the building
sewer from the wastewater source to the service connection is not more than
$3000 for a dwelling or $5 times the daily design flow in gallons for a source
other than a dwelling.
6. The Department shall prohibit installation
of an on-site wastewater treatment facility if the installation will create an
unsanitary condition or environmental nuisance or cause or contribute to a
violation of an Aquifer Water Quality Standard.
7. A person shall design and operate the
permitted on-site wastewater treatment facility so that:
a. Flows to the facility consist of typical
sewage and do not include any motor oil, gasoline, paint, varnish, solvent,
pesticide, fertilizer, or other material not generally associated with toilet
flushing, food preparation, laundry, or personal hygiene;
b. Flows to the facility from commercial
operations do not contain hazardous wastes as defined under A.R.S. §
49921(5) or hazardous substances;
c. If the sewage contains a component of
nonresidential flow such as food preparation, laundry service, or other source,
the sewage is adequately pretreated by an interceptor that complies with
R18-9-A315 or another device
authorized by a general permit or approved by the Department under
R18-9-A312(G);
d. Except as provided in subsection
(A)(7)(c), a sewage flow that does not meet the numerical levels for typical
sewage is adequately pretreated to meet the numerical levels before entry into
an on-site wastewater treatment facility authorized by this Article;
e. Flow to the facility does not exceed the
design flow specified in the Discharge Authorization;
f. The facility does not create an unsanitary
condition or environmental nuisance, or cause or contribute to a violation of
either a Aquifer Water Quality Standard or a Surface Water Quality Standard;
and
g. Activities at the site do
not adversely affect the operation of the facility.
8. A person shall control the discharge of
total nitrogen from an on-site wastewater treatment facility as follows:
a. For an on-site wastewater treatment
facility operating under the 1.09 General Permit or proposed for construction
in a Notice of Intent to Discharge under a Type 4 General Permit and the
facility is located within a Nitrogen Management Area, the provisions of
R18-9-A317(D)
apply;
b. For an on-site wastewater
treatment facility proposed for construction in a Notice of Intent to Discharge
under R18-9-E323, the provisions of
R18-9-E323(A)(4)
apply;
c. For a subdivision
proposed under 18 A.A.C. 5, Article 4, for which on-site wastewater treatment
facilities are used for sewage disposal, the permittee shall demonstrate in the
geological report required in
R18-5-408(E)(1)
that total nitrogen loading from the on-site wastewater treatment facilities to
groundwater is controlled by providing one of the following:
i. For a subdivision platted for a single
family dwelling on each lot, calculations that demonstrate that the number of
lots within the subdivision does not exceed the number of acres contained
within the boundaries of the subdivision;
ii. For a subdivision platted for dwellings
that do not meet the criteria specified in subsection (A)(8)(c)(i),
calculations that demonstrate that the nitrogen loading over the total area of
the subdivision is not more than 0.088 pounds (39.9 grams) of total nitrogen
per day per acre calculated at a horizontal plane immediately beneath the
active treatment of the disposal fields, based on a total nitrogen contribution
to raw sewage of 0.0333 pounds (15.0 grams) of total nitrogen per day per
person; or
iii. An analysis by
another means of demonstration showing that the nitrogen loading to the aquifer
due to on-site waste-water treatment facilities within the subdivision does not
cause or contribute to a violation of the Aquifer Water Quality Standard for
nitrate at the applicable point of compliance.
9. Repairs and Routine Work.
a. A Notice of Intent to Discharge is not
required for repair or routine work that maintains a facility.
b. A Notice of Intent to Discharge is
required for the following non-routine work or repairs:
i. Converting a facility from operation under
gravity to one requiring a pump or other mechanical device for treatment or
disposal;
ii.
Modifying or replacing a treatment works or disposal works, as defined in
R18-9-101; or
iii. Modifying a facility in any manner that
is inconsistent with the originally approved design and installation of the
facility.
c. A permittee shall
comply with any local ordinance that provides independent permitting
requirements for repair or routine work.
d.
A person, as defined in
R18-9-101, shall not modify the
facility so as to create an unsanitary condition or environmental nuisance or
cause or contribute to an exceedance of a water quality
standard.
10. Cumulative
flows. When there is more than one on-site wastewater treatment facility on a
property or on a site under common ownership or subject to a larger plan of
sale or development, the Director shall determine whether an individual permit
is required or whether the applicant qualifies for coverage to discharge under
a general permit based on the sum of the design flows from the proposed
installation and existing on-site wastewater treatment facilities on the
property or site.
a. If the sum of the design
flows is less than 3000 gallons per day, the Department will process the
application under
R18-9-E302 through
R18-9-E322, as
applicable.
b. If the sum of the
design flows is equal to or more than 3000 gallons per day but less than 24,000
gallons per day, the Department will process the application under
R18-9-E323.
c. If the sum of the design flows is equal to
or more than 24,000 gallons per day, the project does not qualify for coverage
under a Type 4 General Permit and the applicant shall submit an application for
an individual permit under Article 2 of this Chapter.
11. The use of a gray water system does not
change the design, capacity, or reserve area requirements for an on-site
wastewater treatment facility regulated under
R18-9-E302 through
R18-9-E323. The design of an
on-site facility shall ensure the on-site facility can treat and dispose of the
combined black water and gray water flows generated at the site. Black water
includes waste-water flows from a kitchen sink. Kitchen sink wastewater flows
are not gray water. Kitchen sink wastewater flows are not gray water even if a
holding tank receiving kitchen sink wastewater, such as a recreational vehicle
holding tank, is labeled as holding gray water. Gray water, as defined in
R18-9-101, may be utilized in
accordance with Article 7 of this Chapter.
12. To obtain coverage under a Type 4 General
Permit, an applicant must, in the following order:
a. Submit a Notice of Intent to Discharge
according to requirements in
R18-9-A301(B),
R18-9-A309(B),
and according to permit-specific requirements in Part E of Article 3,
b. Receive a Construction Authorization from
the Director pursuant to
R18-9-A301(D)(1)),
c. Submit a Request for Discharge
Authorization according to requirements in
R18-9-A301(D)(1)(f),
R18-9-A309(C),
and according to permit-specific requirements in Part E of Article 3,
and
d. Receive a Discharge
Authorization from the Director pursuant to
R18-9-A301(D)(2)
and R18-9-A309(C).
B. Notice of Intent to Discharge under a Type
4 General Permit. In addition to the Notice of Intent to Discharge requirements
specified in
R18-9-A301(B), an
applicant shall submit the following information in a format approved by the
Department:
1. A site investigation report
that summarizes the results of the site investigation conducted under
R18-9-A310(B),
including:
a. Results from any soil
evaluation, percolation test, or seepage pit performance test;
b. Any surface limiting condition identified
in R18-9-A310(C)(2);
and
c. Any subsurface limiting
condition identified in
R18-9-A310(D)(2);
2. A site plan that includes:
a. The parcel and lot number, if applicable,
the property address or other appropriate legal description, the property size
in acres, and the boundaries of the property;
b. A plan of the site drawn to scale,
dimensioned, and with a north arrow that shows:
i. Proposed and existing on-site wastewater
treatment facilities; dwellings and other buildings; driveways, swimming pools,
tennis courts, wells, ponds, and any other paved, concrete, or water feature;
down slopes and cut banks with a slope greater than 15 percent; retaining
walls; and any other constructed feature that affects proper location, design,
construction, or operation of the facility;
ii. Any feature less than 200 feet from the
on-site wastewater treatment facility excavation and reserve area that
constrains the location of the on-site wastewater treatment facility because of
setback limitations specified in
R18-9-A312(C);
iii. Topography, delineated with an
appropriate contour interval, showing original and post-installation
grades;
iv. Drainage patterns, and
as applicable, drainage controls and erosion protection for the
facility;
v. Location and
identification of the treatment and disposal works and wastewater pipelines,
the reserve disposal area, and location and identification of all sites of
percolation testing and soil evaluation performed under
R18-9-A310; and
vi.
Location of any public sewer if 400 feet or less from the property
line;
3. The
design flow of the on-site wastewater treatment facility, consisting of gray
water and black water flows, expressed in gallons per day based on Table 1,
Unit Design Flows, the expected strength of the wastewater if the strength
exceeds the levels for typical sewage, and:
a.
For a single family dwelling, a list of the number of bedrooms and plumbing
fixtures and corresponding unit flows used to calculate the design flow of the
facility; and
b. For a dwelling
other than for a single family, a list of each wastewater source and
corresponding unit flows used to calculate the design flow of the
facility;
4. A list of
materials, components, and equipment for constructing the on-site wastewater
treatment facility;
5. Drawings,
reports, and other information that are clear, reproducible, and in a size and
format specified by the Department;
6. If pretreatment is necessary for a
facility to comply with the requirements of this Chapter, including
R18-9-A309(A)(7),
then a design report approved by the on-site wastewater treatment facility
manufacturer or manufacturers that specifies component capacities, control
settings, and supplemental installation and operation practices necessary to
produce typical sewage numerical levels before entry into an on-site wastewater
treatment facility; and
7. For a facility that
includes treatment or disposal works permitted under
R18-9-E303 through
R18-9-E323:
a. Construction quality drawings that show
the following:
i. Systems, subsystems, and key
components, including manufacturer's name, model number, and associated
construction notes and inspection milestones, as applicable;
ii. A title block, including facility owner,
revision date, space for addition of the Department's application number, and
page numbers;
iii. A plan and
profile with the elevations of wastewater pipelines, and treatment and disposal
components, including calculations justifying the absorption area, to allow
Department verification of hydraulic and performance characteristics;
iv. Cross sections showing wastewater
pipelines, construction details and elevations of treatment and disposal
components, original and finished grades of the land surface, seasonal high
water table if less than 10 feet below the bottom of a disposal works or 60
feet below the bottom of a seepage pit, and a soil elevation evaluation to
allow Department verification of installation design and performance; and
b. A
draft operation and maintenance manual for the on-site wastewater treatment
facility consisting of the tasks and schedules for operating and maintaining
performance over a 20-year operational life;
C. Additional requirements for a Request for
Discharge Authorization and for the issuance of a Discharge Authorization under
a Type 4 General Permit.
1. If the entire
on-site wastewater treatment facility, including treatment works and disposal
works, will be permitted under
R18-9-E302, the Director shall
issue the Discharge Authorization if, as a part of the Request for Discharge
Authorization:
a. The site plan accurately
reflects the final location and configuration of the components of the
treatment and disposal works, and
b. The applicant or the applicant's agent
certifies on the Request for Discharge Authorization form that the septic tank
passed the watertightness test required by
R18-9-A314(5)(d).
2. If the on-site wastewater
treatment facility is proposed under
R18-9-E303 through
R18-9-E323, either separately or
in any combination with each other or with
R18-9-E302, the Director shall
issue the Discharge Authorization if the following documents are submitted to
the Department as part of the Request for Discharge Authorization:
a. As-built plans showing changes from
construction quality drawings submitted under subsection (B)(6)(a);
b. A final list of equipment and materials
showing changes from the list submitted under subsection (B)(4);
c. A final operation and maintenance manual
for the on-site wastewater treatment facility consisting of the tasks and
schedules for operating and maintaining performance over a 20-year operational
life;
d. A certification that a
service contract for ensuring that the facility is operated and maintained to
meet the performance and other requirements of the applicable general permits
exists for at least one year following the beginning of the operation of the
on-site wastewater treatment facility, including the name of the service
provider, if the on-site wastewater treatment facility is permitted under:
i.
R18-9-E304;
ii.
R18-9-E308 through
R18-9-E315;
iii.
R18-9-E316, if the facility
includes a pump; or
iv.
R18-9-E318 through
R18-9-E322;
e. Other documents, if required by the
separate general permits in 18 A.A.C. 9, Article 3, Part E;
f. A Certificate of Completion signed by the
current engineer or designer of record assuring that installation of the
facility conforms to the design approved under the Construction Authorization
under R18-9-A301(D)(1)(c);
and a regulatory representative, such as an inspector, may not act as an
applicant's agent, nor authorize backfill before the current engineer or
designer of record has verified proper installation of the system;
g. The name of the installation contractor
and the Registrar of Contractor's license number issued to the installation
contractor; and
h. A certification
that any septic tank installed as a component of the on-site wastewater
treatment facility passed the water-tightness test required by
R18-9-A314(5)(d).
3. The Director shall specify in the
Discharge Authorization:
a. The permitted
design flow of the facility,
b. The
characteristics of the wastewater sources contributing to the facility,
and
c. A list of the documents
submitted to and reviewed by the Department satisfying subsection
(C)(2).
D.
Closure requirements. A person who permanently discontinues use of an on-site
wastewater treatment facility or a cesspool, or is ordered by the Director to
close an abandoned facility shall:
1. Remove
all sewage from the facility and dispose of the sewage in a lawful
manner;
2. Disconnect and remove
electrical and mechanical components;
3. Remove or collapse the top of any tank or
containment structure.
a. Punch a hole in the
bottom of the tank or containment structure if the bottom is below the seasonal
high groundwater table;
b. Fill the
tank or containment structure or any cavity resulting from its removal with
earth, sand, gravel, concrete, or other approved material; and
c. Regrade the surface to provide drainage
away from the closed area;
4. Cut and plug both ends of the abandoned
sewer drain pipe between the building and the on-site wastewater treatment
facility not more than 5 feet outside the building foundation if practical, or
cut and plug as close to each end as possible; and
5. Notify the Department within 30 days of
closure.
E. Proprietary
and other reviewed products.
1. The Department
shall maintain a list of proprietary and other reviewed products that may be
used for on-site wastewater treatment facilities to comply with the
requirements of this Article. The list shall include appropriate information on
the applicability and limitations of each product.
2. The list of proprietary and other reviewed
products may include manufactured systems, subsystems, or components within the
treatment works and disposal works if the products significantly contribute to
the treatment performance of the system or provide the means to overcome site
limitations. The Department will not list septic tanks, effluent filters or
components that do not significantly affect treatment performance or provide
the means to overcome site limitations.
3. A person may request that the Department
add a product to the list of proprietary and other reviewed products. The
request may include a proposed reference design for review. The Department
shall ensure that performance values in the list reflect the treatment
performance for defined wastewater characteristics. The Department shall assess
fees under 18 A.A.C. 14 for product review.
F. Recordkeeping. A permittee authorized to
discharge under one or more Type 4 General Permits shall maintain the Discharge
Authorization and associated documents for the life of the facility.