Section R18-9-A901. Definitions

In addition to the definitions in A.R.S. § 49-201 and 49-255, the following terms apply to this Article:

1.        “Animal confinement area” means any part of an animal feeding operation where animals are restricted or con- fined including open lots, housed lots, feedlots, confine- ment houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables.

2.        “Animal feeding operation” means a lot or facility (other than an aquatic animal production facility) where the fol- lowing conditions are met:

a.         Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and

b.        Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

3.        “Aquaculture project” means a defined managed water area that uses discharges of pollutants into that designated project area for the maintenance or production of harvest- able freshwater plants or animals. For purposes of this definition, “designated project area” means the portion or portions of the navigable waters within which the permit- tee or permit applicant plans to confine the cultivated spe- cies using a method or plan of operation, including physical confinement, that on the basis of reliable scien- tific evidence, is expected to ensure that specific individ- ual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollut- ants, and be harvested within a defined geographic area.

4.        “Border area” means 100 kilometers north and south of the Arizona-Sonora, Mexico border.

5.        “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

6.        “CAFO” means any large concentrated animal feeding operation, medium concentrated animal feeding opera- tion, or animal feeding operation designated under R18- 9-D901.

7.        “Concentrated aquatic animal production facility” means a hatchery, fish farm, or other facility that contains, grows, or holds aquatic animals in either of the following categories:

a.         Cold-water aquatic animals. Cold-water fish species or other cold-water aquatic animals (including the Salmonidae family of fish) in a pond, raceway, or other similar structure that discharges at least 30 days per year, but does not include:

i.         A facility that produces less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and

ii.        A facility that feeds the aquatic animals less than  2,272  kilograms   (approximately  5,000

pounds) of food during the calendar month of maximum feeding.

b.        Warm-water aquatic animals. Warm-water fish spe- cies or other warm-water aquatic animals (including the Ameiuride, Centrarchidae, and Cyprinidae fami- lies of fish) in a pond, raceway, or other similar structure that discharges at least 30 days per year, but does not include:

i.         A closed pond that discharges only during peri- ods of excess runoff; or

ii.        A facility that produces less than 45,454 har- vest weight kilograms (approximately 100,000 pounds) of aquatic animals per year.

8.        “Daily discharge”  means the  discharge of  a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollut- ants with limitations expressed in other units of measure- ment, the daily discharge is calculated as the average measurement of the pollutant over the day.

9.        “Discharge of a pollutant” means any addition of any pol- lutant or combination of pollutants to a navigable water from any point source.

a.         The term includes the addition of any pollutant into a navigable water from:

i.         A treatment works treating domestic sewage;

ii.        Surface runoff that is collected or channeled by man;

iii.      A discharge through a pipe, sewer, or other conveyance owned by a state, municipality, or other person that does not lead to a treatment works; and

iv.       A discharge through a pipe, sewer, or other conveyance, leading into a privately owned treatment works.

b.        The term does not include an addition of a pollutant by any industrial user as defined in A.R.S. § 49- 255(4).

10.     “Draft permit” means a document indicating the Direc- tor’s tentative decision to issue, deny, modify, revoke and reissue, terminate, or reissue a permit.

a.         A notice of intent to terminate a permit is a type of draft permit unless the entire discharge is perma- nently terminated by elimination of the flow or by connection to a POTW, but not by land application or disposal into a well.

b.        A notice of intent to deny a permit is a type of draft permit.

c.         A proposed permit or a denial of a request for modi- fication, revocation and reissuance, or termination of a permit, are not draft permits.

11.     “EPA” means the U.S. Environmental Protection Agency.

12.     “General permit” means an AZPDES permit issued under 18 A.A.C. 9, Article 9, authorizing a category of dis- charges within a geographical area.

13.     “Individual permit” means an AZPDES permit for a sin- gle point source, a single facility, or a municipal separate storm sewer system.

14.     “Land application area,” for purposes of Article 9, Part D, means land under the control of an animal feeding opera- tion owner or operator, whether it is owned, rented, or leased, to which manure, litter, or process wastewater from the production area is or may be applied.

15.     “Large concentrated animal feeding operation” means an animal feeding operation that stables or confines at least the number of animals specified in any of the following categories:

a.         700 mature dairy cows, whether milked or dry;

b.        1,000 veal calves;

c.         1,000 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow and calf pairs;

d.        2,500 swine each weighing 55 pounds or more;

e.         10,000 swine each weighing less than 55 pounds;

f.         500 horses;

g.        10,000 sheep or lambs;

h.        55,000 turkeys;

i.         30,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

j.         125,000 chickens (other than laying hens), if the ani- mal feeding operation uses other than a liquid manure handling system;

k.        82,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system;

l.         30,000 ducks, if the animal feeding operation uses other than a liquid manure handling system; or

m.       5,000 ducks, if the animal feeding operation uses a liquid manure handling system.

16.     “Large municipal separate storm sewer system” means a municipal separate storm sewer that is either:

a.         Located in an incorporated area with a population of 250,000 or more as determined by the 1990 Decen- nial Census by the Bureau of the Census;

b.        Located in a county with an unincorporated urban- ized area with a population of 250,000 or more, according to the 1990 Decennial Census by the Bureau of Census, but not a municipal separate storm sewer that is located in an incorporated place, township, or town within the county; or

c.         Owned or operated by a municipality other than those described in subsections (16)(a) and (16)(b) and that are designated by the Director under R18-9- A902(D)(2) as part of the large municipal separate storm sewer system.

17.     “Manure” means any waste or material mixed with waste from an animal including manure, bedding, compost and raw materials, or other materials commingled with manure or set aside for disposal.

18.     “Manure storage area” means any part of an animal feed- ing operation where manure is stored or retained includ- ing lagoons, run-off ponds, storage sheds, stockpiles, under-house or pit storages, liquid impoundments, static piles, and composting piles.

19.     “Medium concentrated animal feeding operation” means an animal feeding operation in which:

a.         The type and number of animals that it stables or confines falls within any of the following ranges:

i.         200 to 699 mature dairy cows, whether milked or dry;

ii.        300 to 999 veal calves;

iii.      300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow and calf pairs;

iv.       750 to 2,499 swine each weighing 55 pounds or more;

v.        3,000 to 9,999 swine each weighing less than 55 pounds;

vi.       150 to 499 horses;

vii.     3,000 to 9,999 sheep or lambs;

viii.    16,500 to 54,999 turkeys;

ix.       9,000 to 29,999 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

x.        37,500 to 124,999 chickens (other than laying hens), if the animal feeding operation uses other than a liquid manure handling system;

xi.       25,000 to 81,999 laying hens, if the animal feeding operation uses other than a liquid manure handling system;

xii.     10,000 to 29,999 ducks, if the animal feeding operation uses other than a liquid manure han- dling system; or

xiii.    1,500 to 4,999  ducks, if the  animal  feeding operation uses a liquid manure handling sys- tem; and

b.        Either one of the following conditions are met:

i.         Pollutants are discharged into a navigable water through a man-made ditch, flushing system, or other similar man-made device; or

ii.        Pollutants are discharged directly into a naviga- ble water that originates outside of and passes over, across, or through the animal feeding operation or otherwise comes into direct con- tact with the animals confined in the operation.

20.     “Medium municipal separate storm sewer system” means a municipal separate storm sewer that is either:

a.         Located in an incorporated area with a population of 100,000 or more but less than 250,000, as deter- mined by the 1990 Decennial Census by the Bureau of the Census; or

b.        Located in a county with an unincorporated urban- ized area with a population of 100,000 or more but less than 250,000 as determined by the 1990 Decen- nial Census by the Bureau of the Census; or

c.         Owned or operated by a municipality other than those described in subsections (20)(a) and (20)(b) and that are designated by the Director under R18-9- A902(D)(2) as part of the medium municipal sepa- rate storm sewer system.

21.     “MS4” means municipal separate storm sewer system.

22.     “Municipal separate storm sewer” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains):

a.         Owned or operated by a state, city, town county, dis- trict, association, or other public body (created by or pursuant to state law) having jurisdiction over dis- posal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under  section 208 of the Clean Water Act (33 U.S.C. 1288) that discharges to waters of the United States;

b.        Designed or used for collecting or conveying storm- water;

c.         That is not a combined sewer; and

d.        That is not part of a POTW.

23.     “Municipal separate storm sewer system” means all sepa- rate storm sewers defined as “large,” “medium,” or “small” municipal separate storm sewer systems or any municipal separate storm sewers on a system-wide or jurisdiction-wide basis as determined by the Director under R18-9-C902(A)(1)(g)(i) through (iv).

24.     “New discharger” includes an industrial user and means any building, structure, facility, or installation:

a.         From which there is or may be a discharge of pollut- ants;

b.        That did not commence the discharge of pollutants at a particular site before August 13, 1979;

c.         That is not a new source; and

d.        That has never received a finally effective NPDES or AZPDES permit for discharges at that site.

25.     “New source” means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

a.         After the promulgation of standards of performance under section 306 of the Clean Water Act (33 U.S.C. 1316) that are applicable to the source, or

b.        After the proposal of standards of performance in accordance with section 306 of the Clean Water Act (33 U.S.C. 1316) that are applicable to the source, but only if the standards are promulgated under sec- tion 306 (33 U.S.C. 1316) within 120 days of their proposal.

26.     “NPDES” means the National Pollutant Discharge Elimi- nation System, which is the national program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pre- treatment and biosolids requirements under sections 307 (33 U.S.C. 1317), 318 (33 U.S.C. 1328), 402 (33 U.S.C. 1342), and 405 (33 U.S.C. 1345) of the Clean Water Act.

27.     “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,  sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricul- tural waste discharged into water. It does not mean:

a.         Sewage from vessels; or

b.        Water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of this state, and if the state determines that the injection or disposal will not result in the degradation of ground or surface water resources. (40 CFR 122.2)

28.     “POTW” means a publicly owned treatment works.

29.     “Process wastewater,” for purposes of Article 9, Part D, means any water that comes into contact with a raw mate- rial, product, or byproduct including manure, litter, feed, milk, eggs, or bedding and water directly or indirectly used in the operation of an animal feeding operation for any or all of the following:

a.         Spillage or overflow from animal or poultry water- ing systems;

b.        Washing, cleaning, or flushing pens, barns, manure pits, or other animal feeding operation facilities;

c.         Direct contact swimming, washing, or spray cooling of animals; or

d.        Dust control.

30.     “Proposed permit” means an AZPDES permit prepared after the close of the public comment period (including EPA review), and any applicable public hearing and administrative appeal, but before final issuance by the Director. A proposed permit is not a draft permit.

31.     “Pretreatment” means the reduction of the amount of pol- lutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before or instead of discharging or otherwise introducing the pol- lutants into a POTW.

32.     “Production area,” for purposes of Article 9, Part D, means the animal confinement area, manure storage area, raw materials storage area, and waste containment areas. Production area includes any egg washing or egg process- ing facility and any area used in the storage, handling, treatment, or disposal of animal mortalities.

33.     “Raw materials storage area” means the part of an animal feeding operation where raw materials are stored includ- ing feed silos, silage bunkers, and bedding materials.

34.     “Silviculture point source” means any discernible, con- fined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities that are operated in connection with silvicultural activities and from which pollutants are discharged into navigable waters. The term does not include nonpoint source silvi- cultural activities such as nursery operations, site prepa- ration, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, har- vesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. For purposes of this definition:

a.         “Log sorting and log storage facilities” means facili- ties whose discharge  results from the holding of unprocessed wood, for example, logs or round wood with or without bark held in self-contained bodies of water or stored on land if water is applied intention- ally on the logs.

b.        “Rock crushing and gravel washing facilities” mean facilities that process crushed and broken stone, gravel, and riprap.

35.     “Small municipal separate storm sewer system” means a separate storm sewer that is:

a.         Owned or operated by the United States, a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including spe- cial districts under state law such as a sewer district, flood control district or drainage district, or similar entity, an Indian tribe or an authorized Indian tribal organization, or a designated and approved manage- ment agency under section 208 of the Clean Water Act (33 U.S.C. 1288) that discharge to navigable waters.

b.        Not defined as a “large” or “medium” municipal separate storm sewer system or designated under R18-9-A902(D)(2).

c.         Similar to municipal separate storm sewer systems such as systems at military bases, large hospital or prison complexes, universities, and highways and other thoroughfares. The term does not include a separate storm sewer in a very discrete area such as an individual building.

36.     “Stormwater” means stormwater runoff, snow melt run- off, and surface runoff and drainage.

37.     “Treatment works treating domestic sewage” means a POTW or any other sewage sludge or waste water treat- ment device or system, regardless of ownership (includ- ing federal facilities), used in the storage, treatment, recycling, and reclamation of municipal or domestic sew- age, including land dedicated for the disposal of sewage

sludge. This definition does not include septic tanks or similar devices. For purposes of this definition, “domestic sewage” includes waste and wastewater from humans or household operations that are discharged to or otherwise enter a treatment works.

38.     “Waste containment area” means any part of an animal feeding operation  where waste  is  stored or contained including settling basins and areas within berms and diversions that separate uncontaminated stormwater.

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by

final rulemaking at 9 A.A.R. 5564, effective February 2,

2004 (Supp. 03-4).