Section R12-15-1301. Definitions

In addition to the definitions in A.R.S. §§ 45-101, 45-402, and 45- 591, the following words and phrases in this Article shall have the following meanings, unless the context otherwise requires:

1.        “Abandoned well” means a well for which a well aban- donment completion report has been filed pursuant to R12-15-816(E) or for which a notification of abandon- ment has been filed pursuant to R12-15-816(K).

2.        “Additional drawdown” means a lowering in the water levels surrounding a well that is the result of the operation of the well and that is not attributable to existing regional rates of decline or existing impacts from other wells.

3.        “Applicant” means any of the following:

a.         A person who has filed an application for a permit to construct a new well or a replacement well in a new location under A.R.S. § 45-599;

b.        A person who has filed an application for a recovery well permit under A.R.S. § 45-834.01 for a new well as defined in A.R.S. § 45-591 or, except as provided in A.R.S. § 45-834.01(B)(2) or (3), an existing well as defined in A.R.S. § 45-591;

c.         A person who has filed an application for approval to use a well to withdraw groundwater for transpor- tation to an active management area under A.R.S. § 45-559; or

d.        A person, other than a city, town, private water com- pany, or irrigation district, who has filed an applica- tion for a water exchange permit under A.R.S. § 45- 1041.

4.        “ADEQ” means the Arizona Department of Environmen- tal Quality.

5.        “Contaminated groundwater” means groundwater   that has been contaminated by a release of a hazardous sub- stance, as defined in A.R.S. § 49-201, or a pollutant, as defined in A.R.S. § 49-201.

6.        “DOD” means the United States Department of Defense.

7.        “EPA” means the United States Environmental Protection Agency.

8.        “LCR plateau groundwater transporter” means a person transporting groundwater from the Little Colorado River plateau groundwater basin to another groundwater basin pursuant to A.R.S. § 45-544(B)(1).

9.        “Notice of water exchange participant” means a person, other than a city, town, private water company, or irriga- tion district, named as a participant in a water exchange in a notice of water exchange filed under A.R.S. § 45- 1051.

10.     “Original well” means the well replaced by a replacement well in approximately the same location, except that if the replacement well is the latest in a succession of two or more wells drilled as replacement wells in approximately the same location under R12-15-1308 or temporary rule R12-15-840 adopted by the director on March 11, 1983, “original well” means the well replaced by the first replacement well in approximately the same location.

11.     “Remedial action site” means any of the following:

a.         The site of a remedial action undertaken pursuant to the comprehensive  environmental  response, com- pensation, and liability act (“CERCLA”) of 1980, as amended, 42 U.S.C. 9601, et seq., commonly known as a “superfund” site;

b.        The site of a corrective action undertaken pursuant to A.R.S. Title 49, Chapter 6, commonly known as a leaking underground storage tank (“LUST”) site;

c.         The site of a voluntary remediation action under- taken pursuant to A.R.S. Title 49, Chapter 1, Article 5;

d.        The site of a remedial action undertaken pursuant to

A.R.S. Title 49, Chapter 2, Article 5, commonly known as a water quality assurance revolving fund (“WQARF”) site;

e.         The site of a remedial action undertaken pursuant to the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. 6901, et seq.; or

f.         The site of remedial action undertaken pursuant to the Department of Defense Environmental Resto- ration Program, 10 U.S.C. 2701, et seq., commonly known as a “Department of Defense site” or a “DOD site.”

12.     “Replacement well” means a well drilled for the purpose of replacing another well.

13.     “Replacement well in a new location” means a replace- ment well that does not qualify as a replacement well in approximately the same location under R12-15-1308.

14.     “Replacement well in approximately the same location” means a replacement well that qualifies as a replacement well in approximately the same location under R12-15- 1308.

15.     “Well” has the meaning prescribed in A.R.S. § 45-402. An abandoned well is not a well.

16.     “Well of record” means, with respect to an applicant, an LCR plateau groundwater transporter, or a notice of water exchange participant, any well or proposed well not owned by the applicant, LCR plateau groundwater trans- porter, or notice of water exchange participant, or pro- posed to be drilled by the applicant, LCR plateau groundwater transporter, or notice of water exchange par- ticipant, to which any of the following apply:

a.         The well is an existing well as defined in A.R.S. § 45-591 and the owner or operator has registered the well with the Department, unless the current well information on file with the Department identifies the sole purpose or purposes of the well as one or more of the following:

i.         Cathodic protection;

ii.        Use as a sump pump or heat pump;

iii.      Air sparging;

iv.       Injection of liquids or gasses into the aquifer or vadose zone, including injection wells that are part of an underground storage facility permit- ted under A.R.S. Title 45, Chapter 3.1;

v.        Monitoring water levels or water  quality, including a piezometer well;

vi.       Obtaining geophysical, mineralogical, or geo- technical data;

vii.     Grounding;

viii.    Soil vapor extraction;

ix.       Electrical energy generation pursuant to a tem- porary permit for electrical energy generation issued under A.R.S. § 45-517;

x.        Dewatering pursuant to a dewatering permit issued under A.R.S. § 45-513 or a temporary dewatering permit issued under A.R.S. § 45- 518;

xi.       Drainage pursuant to a drainage water with- drawal permit issued under A.R.S. § 45-519; or

xii.     Hydrologic testing pursuant to a hydrologic testing permit issued under A.R.S. § 45-519.01.

b.        The well is a new well as defined in A.R.S. § 45-591 for which a notice of intention to drill was not filed

pursuant to A.R.S. § 45-596 and for which a permit was not issued pursuant to A.R.S. §§ 45-599 or 45- 834.01, and the owner or operator has registered the well with the Department, unless the current well information on file with the Department identifies the sole purpose or purposes of the well as one or more of the purposes in subsection   (16)(a)(i) through (xii) of this Section;

c.         A filing has been made for the well pursuant to

A.R.S. § 45-596(A) or (B), unless any of the follow- ing apply:

i.         The filing has expired pursuant to A.R.S. § 45- 596(E);

ii.        The filing identifies the sole purpose or pur- poses of the well as one or more of the purposes in subsection (16)(a)(i)  through  (xii) of this Section; or

iii.      The well is an exempt well and the director is prohibited by A.R.S. § 45-454(D)(4) from con- sidering impacts on the well when determining whether to approve or reject a permit applica- tion filed under A.R.S. § 45-599.

d.        An application for a permit to drill the well has been received by the Department pursuant to A.R.S. § 45- 599, unless the application has been rejected after exhaustion of all administrative and judicial appeals or the permit issued pursuant to the application has been revoked or has expired according to its terms or for failure to complete the well in a timely manner pursuant to A.R.S. § 45-599(G);

e.         An application for a permit pursuant to A.R.S. §§ 45-514 or 45-516 has been received by the Depart- ment pursuant to A.R.S. § 45-521, unless the appli- cation has been rejected after exhaustion of all administrative and judicial  appeals or the permit issued pursuant to the application has been revoked or has expired according to its terms or for failure to complete the well before expiration of the drilling authority; or

f.         An application for a permit to drill a recovery well has been received by the Department pursuant to

A.R.S. § 45-834.01, unless the application has been rejected after exhaustion of all administrative and judicial appeals or the permit issued pursuant to the application has been revoked or has expired accord- ing to its terms or for failure to complete the well in a timely manner pursuant to A.R.S. § 45-834.01(F).

Historical Note

New Section made by final rulemaking at 12 A.A.R.

2193, effective August 7, 2006 (Supp. 06-2).