Section R12-15-719. Water Quality

A.      Except as provided in subsection (B) of this Section, when reviewing an application for a determination of assured water supply or a determination of adequate water supply, the Direc- tor shall determine that the water supply is of adequate quality if one of the following applies:

1.        The applicant certifies on the application that the appli- cant or the proposed municipal provider will be regulated by ADEQ, or another governmental entity with equiva- lent jurisdiction, as a public water system pursuant to

A.R.S. § 49-351, et seq., unless ADEQ, or another gov- ernmental entity with equivalent jurisdiction, has deter- mined, after notice and an opportunity for a hearing, that the public water system is in significant noncompliance with A.A.C. Title 18, Chapter 4 and is not taking action to resolve the noncompliance; or

2.        The applicant  has submitted  results of  a lab  analysis demonstrating that the water meets water quality require- ments in accordance with A.A.C. Title 18, Chapter 4, or that the water will meet these requirements after treat- ment that is required by law. The lab analysis shall be based on water withdrawn from a well representative of the well or wells from which water will be withdrawn for the proposed use, conducted in compliance with sample collection and analysis requirements in A.A.C. Title 18, Chapter 4, and completed within 60 days of the date the application is submitted to the Director. If ADEQ waives any of the water quality or sample collection and analysis requirements in A.A.C. Title 18, Chapter 4, the Director

shall not require the applicant to meet the waived require- ments.

B.       If a well or a proposed well from which water will be with- drawn for the proposed use is located within one mile of a WQARF site or Superfund site, the Director shall determine that the water supply is of adequate quality only if the appli- cant submits a contaminant migration and mitigation analysis, demonstrating that the water supply will continue to meet the requirements in A.A.C. Title 18, Chapter 4 for 100 years. The contaminant migration and mitigation analysis may include the impact of any mitigation or treatment, including mitigation or treatment required pursuant to a consent decree.

Historical Note

Adopted effective February 7, 1995 (Supp. 95-1). Section repealed; new Section made by final rulemaking at 12

A.A.R. 3475, effective September 12, 2006 (Supp. 06-3).