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 Arizona Administrative Code (Last Updated: November 17, 2016)
 Title 18. ENVIRONMENTAL QUALITY
 Chapter 9. DEPARTMENT OF ENVIRONMENTAL QUALITY
 Article 3. AQUIFER PROTECTION PERMITS - GENERAL PERMITS
 Part A. GENERAL PROVISIONS

  Section R18-9-A316. Transfer of Ownership Inspection for On-site Wastewater Treatment Facilities

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  • 12, 2005 (05-3).

    R18-9-A315.  Interceptor Design, Manufacturing, and Installa- tion for On-site Wastewater Treatment Facilities

    A.

    Conforming with this Section satisfies the Notice of Transfer

     

    requirements under R18-9-A304.

    B.

    Within six months before the date of property transfer, the per-

     

    son who is transferring a property served by an on-site waste-

    A.

    Interceptor  requirement.   An  applicant  shall  ensure  that  an

     

    water treatment facility shall retain an inspector to perform a

     

    interceptor as required by R18-9-A309(A)(7)(c) or necessary

     

    transfer of ownership inspection of the on-site wastewater

     

    due to excessive amounts of grease, garbage, sand, or other

     

    treatment facility who meets the following qualifications:

     

    wastes in the sewage is installed between the sewage source

     

    1.     Possesses working knowledge of the type of facility and

     

    and the on-site wastewater treatment facility.

     

    the inspection process;

    B.

    Interceptor design. An applicant shall ensure that:

     

    2.     Holds a certificate of training from a course recognized

     

    1.     An interceptor has not less than two compartments with

     

    by the Department as sufficiently covering the informa-

     

    fittings  designed   for  grease  retention  and  capable  of

     

    tion specified in this Section by July 1, 2006; and

     

    removing excessive amounts of grease, garbage, sand, or

     

    3.     Holds a license in one of the following categories:

     

    other wastes. Applicable structural and materials require-

     

    a.      An Arizona-registered engineer;

     

    ments prescribed in R18-9-A314 apply;

     

    b.     An Arizona-registered sanitarian;

     

    2.     Interceptors are located as close to the source as possible

     

    c.      An owner of a vehicle with a human excreta collec-

     

    and  are  accessible  for   servicing.  The  applicant  shall

     

    tion and transport license issued under 18 A.A.C. 13,

     

    ensure that access openings for servicing are at grade

     

    Article 11 or an employee of the owner of the vehi-

     

    level and gas-tight;

     

    cle;

     

    3.     The interceptor size for grease and garbage from non-res-

     

    d.     A contractor licensed by the Registrar of Contractors

     

    idential kitchens is calculated  using by the  following

     

    in one of the following categories:

     

    equation: Interceptor Size (in gallons) = M × F × T × S.

     

    i.      Residential license B-4 or C-41;

     

    a.      “M” is the number of meals per peak hour;

     

    ii.     Commercial license A, A-12, or L-41; or

     

    b.     “F” is the waste flow rate from Table 1, Unit Design

     

    iii.   Dual license KA or K-41;

     

    Flows.

     

    e.      A  wastewater   treatment  plant  operator  certified

     

    c.      “T” is the estimated retention time:

     

    under 18 A.A.C 5, Article 1; or

     

    i.      Commercial kitchen waste, dishwasher or dis-

     

    f.      A person qualifying under another category desig-

     

    posal: 2.5 hours; or

     

    nated by the Department.

     

    ii.     Single service kitchen with utensil wash dis-

    C.

    The inspector shall complete a Report of Inspection on a form

     

    posal: 1.5 hours;

     

    approved by the Department, sign it, and provide it to the per-

     

    d.     “S” is the estimated storage factor:

     

    son transferring the property. The Report of Inspection shall:

     

    i.      Fully  equipped   commercial  kitchen,  8-hour

     

    1.     Address the physical and operational condition of the on-

     

    operation: 1.0;

     

    site wastewater treatment facility and describe observed

     

    ii.     Fully  equipped  commercial   kitchen,  16-hour

     

    deficiencies and repairs completed, if any;

     

    operation: 2.0;

     

    2.     Indicate that each septic tank or other wastewater treat-

     

    iii.   Fully  equipped  commercial  kitchen,  24-hour

     

    ment container on the property was pumped or otherwise

     

    operation: 3.0; or

     

    serviced to remove, to the maximum extent possible,

     

    iv.   Single service kitchen, 1.5;

     

    solid, floating, and liquid waste accumulations, or that

     

     

     

    pumping or servicing was not performed for one of the

     

     

     

    following reasons:

     

    a.      A Discharge Authorization for the on-site wastewa-

     

    c.      Gross  areal  nitrogen   loading,  calculated  as  the

    ter treatment facility was issued and the facility was

     

    amount of nitrogen discharged into the subsurface

    put into service within 12 months before the transfer

     

    by use  of  on-site  wastewater   treatment  facilities,

    of ownership inspection,

     

    divided by the land area under consideration for des-

    b.     Pumping or servicing was not necessary at the time

     

    ignation as a Nitrogen Management Area;

    of the inspection based on the manufacturer’s writ-

     

    d.     Population growth rate of area;

    ten operation and maintenance instructions, or

     

    e.      Existing contamination of groundwater by nitrogen

    c.      No accumulation of floating or settled waste was

     

    species;

    present in the septic tank or wastewater treatment

     

    f.      Existing   and  potential  impact  to   groundwater  by

    container; and

     

    sources of nitrogen other than on-site wastewater

    3.     Indicate the date the inspection was performed.

     

    treatment facilities;

    D.

    Before the property is transferred, the person transferring the

     

    g.     Characteristics of the vadose zone and aquifer;

     

    property shall provide to the person to whom the property is

     

    h.     Location, number, and areal extent of existing and

     

    transferred:

     

    potential sources of nitrogen;

     

    1.     The completed Report of Inspection; and

     

    i.      Location and characteristics of existing and potential

     

    2.     Documents in the person’s possession relating to permit-

     

    drinking water supplies; and

     

    ting, operation, and maintenance of the on-site wastewa-

     

    j.      Any other information relevant to determining the

     

    ter treatment facility.

     

    severity of actual or potential nitrogen impact on the

    E.

    The person to whom the property is transferred shall complete

     

    aquifer.

     

    a Notice of Transfer on a form approved by the Department

     

    2.     The Director may modify the boundaries or requirements

     

    and send the form with the applicable fee specified in 18

     

    of a Nitrogen Management Area or rescind designation of

     

    A.A.C. 14 within 15 calendar days after the property transfer

     

    a Nitrogen Management Area based on:

     

    to:

     

    a.      A material change to one or more criterion specified

     

    1.     The Department for transfer of a property with an on-site

     

    in subsection (A)(1); or

     

    wastewater treatment facility for which construction was

     

    b.     The adoption by a local agency of a master plan to

     

    completed before January 1, 2001; or

     

    substantially sewer the area as soon as possible, but

     

    2.     The health or environmental agency delegated by the

     

    with a completion deadline within 10 years, unless a

     

    Director to administer the on-site wastewater treatment

     

    completion  deadline   of  more   than  10  years  is

     

    facility program for transfer of a property with an on-site

     

    approved by the Director.

     

    wastewater treatment facility constructed on or after Jan-

    B.

    Preliminary designation, modification, or rescission.

     

    uary 1, 2001.

     

    1.     The Director shall provide a report to the mayors and

    F.

    If the Department issued a Discharge Authorization for the on-

     

    members of the Board of Supervisors of all towns, cities,

     

    site wastewater treatment facility but the facility was not put

     

    and counties and the directors of all sanitary districts

     

    into service before the property transfer, an inspection of the

     

    affected by the Department’s proposed action to desig-

     

    facility is not required and the transferee shall complete the

     

    nate, modify, or rescind a Nitrogen Management Area as

     

    Notice of Transfer form as specified in subsection (E).

     

    follows:

    G.

    Effective date.

     

    a.      If the Department proposes to designate a Nitrogen

     

    1.     The owner of an on-site wastewater treatment facility

     

    Management Area, the Department shall provide a

     

    operating under a Type 4 General Permit shall comply

     

    report discussing each criterion specified in subsec-

     

    with this Section by November 12, 2005.

     

    tion (A)(1).

     

    2.     The owner of any on-site wastewater treatment facility

     

    b.     If the Department proposes to modify the boundaries

     

    other than a facility identified in subsection (G)(1) shall

     

    or requirements of a Nitrogen Management Area or

     

    comply with this Section by July 1, 2006.

     

    rescind the designation of a Nitrogen Management

     

    Historical Note

     

    Area, the Department shall provide a report discuss-

     

    New Section adopted by final rulemaking at 7 A.A.R.

     

    ing applicable criteria in subsections (A)(1) and (2).

     

    235, effective January 1, 2002 (Supp. 00-4). Amended by

     

    2.     The town, city, county, or sanitary district receiving the

     

    final rulemaking at 11 A.A.R. 4544, effective November

     

    Director’s report may provide written comments to the

     

    12, 2005 (05-3).

     

    Department within 120 days to dispute the factual infor-

     

     

     

    mation presented in the report and supply any informa-

    R18-9-A317.  Nitrogen Management Area

     

    tion supporting the comments.

    A.

    The Director may designate a new Nitrogen Management Area to control groundwater pollution by sources of nitrogen regu- lated by Title 49, Chapter 2, Article 3 of the Arizona Revised Statutes and not covered under an individual permit, modify the boundaries or requirements of a Nitrogen Management Area, or rescind designation of a Nitrogen Management Area.

    1.        If existing conditions or trends in nitrogen loading to an aquifer will cause or contribute to an exceedance of the Aquifer Water Quality Standard for nitrate at a point or points of current or reasonably foreseeable use of the aquifer, the Director shall use the following criteria to determine whether to designate the area as a Nitrogen Management Area:

    a.         Population of the area;

    b.        The degree to which the area is unsewered;

      

      

      

      

    C.

    3. The Director shall evaluate the comments and supporting information obtained under subsection (B)(2) and either designate, modify, or rescind the Nitrogen Management Area or withdraw the proposal.

    Final designation.

    1.        If the Director designates or modifies the Nitrogen Man- agement Area, the Department shall:

    a.         Issue or modify the Nitrogen Management Area des- ignation and any special provisions established for the area to control groundwater pollution by sources of nitrogen regulated by Title 49, Chapter 2, Article 3 of the Arizona Revised Statutes but not covered under an individual permit. The Department shall provide notice to the mayors and members of the Board of Supervisors of all towns, cities, and coun-

    ties and the directors of all sanitary districts affected by the determination;

    b.        Maintain the designation and a map showing the boundaries of the Nitrogen Management Area at the Arizona Department of Environmental Quality, 1110 West Washington, Phoenix, Arizona 85007 and on the Department’s web site at www.azdeq.gov; and

    c.        Provide, upon request, a copy of the Nitrogen Man- agement Area designation and a map of the area.

    2. If the Director withdraws the preliminary Nitrogen Man- agement Area designation or rescinds the Nitrogen Man- agement Area designation, the Director shall issue a determination stating the decision and post it on the Department’s web site at www.azdeq.gov.

    D.      Nitrogen Management Area requirements. Within a Nitrogen Management Area:

    1.        The Department shall issue a Construction Authorization, under R18-9-A301(D)(1)(c), for an on-site wastewater treatment facility only if the applicant proposes, in the Notice of Intent to Discharge, to employ one or more of the technologies allowed under R18-9-E302 through R18-9-E322 that achieves a discharge level containing not more than 15 mg/l of total nitrogen.

    2.        An agricultural operation shall use the best control mea- sure necessary to reduce nitrogen discharge when imple- menting the best management practices developed under 18 A.A.C. 9, Article 4. The Director may require the owner or operator to reassess the performance of the impoundment liner systems constructed under R18-9-403 before November 12, 2005.

    3.        A person shall comply with any special provision estab- lished for the Nitrogen Management Area, as applicable, for the person’s facility.

Historical Note

New Section made by final rulemaking at 11 A.A.R.

4544, effective November 12, 2005 (05-3).