Bill Text: AZ HB2325 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Environment; water quality amendments
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2016-05-11 - Chapter 192 [HB2325 Detail]
Download: Arizona-2016-HB2325-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 192
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HOUSE BILL 2325 |
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AN ACT
amending sections 49-210, 49-352, 49-353 and 49-361, Arizona Revised Statutes; relating to water quality control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 49-210, Arizona Revised Statutes, is amended to read:
49-210. Water quality fee fund; appropriation; exemption; monies held in trust
A. The water quality fee fund is established consisting of monies appropriated by the legislature and fees received pursuant to sections 49‑104, 49‑203, 49‑241, 49-241.02, 49‑242, 49‑255.01, 49‑332, and 49-352, 49‑353 and 49-361. The director shall administer the fund.
B. Monies in the fund are subject to annual legislative appropriation to the department for water quality programs. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.
D. Monies in the water quality fee fund shall be used for the following purposes:
1. The issuance of aquifer protection permits pursuant to section 49‑241.
2. The aquifer protection permit registration fee procedures pursuant to section 49‑242.
3. Dry well registration fee procedures pursuant to section 49‑332.
4. Technical review fee procedures pursuant to section 49‑353.
5. Inspection fee procedures pursuant to section 49‑104, subsection C.
6. The issuance of permits under the Arizona pollutant discharge elimination system program pursuant to section 49-255.01.
7. Operator certification pursuant to sections 49-352 and 49-361.
E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water quality fee fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
Sec. 2. Section 49-352, Arizona Revised Statutes, is amended to read:
49-352. Classifying systems and certifying personnel; limitation
A. The department shall establish and enforce rules for the classification of systems for potable water and certifying operating personnel according to the skill, knowledge and experience necessary within the classification. The rules shall also provide that operating personnel may be certified on the basis of training and supervision at the place of employment. The department may assess and collect reasonable certification fees to reimburse the cost of certification services, which shall be deposited in the state general water quality fee fund established by section 49-210. Such rules apply to all public water systems involved in the collection, storage, treatment or distribution of potable water. The rules do not apply to systems that are not public water systems, including irrigation, industrial or similar systems where the water is used for nonpotable purposes.
B. For the purposes of this article:
1. A public water system is a water system that:
(a) Provides water for human consumption through pipes or other constructed conveyances.
(b) Has at least fifteen service connections or regularly serves an average of at least twenty‑five persons daily for at least sixty days a year.
2. A public water system as described in paragraph 1, subdivisions (a) and (b) of this subsection includes any collection, treatment, storage and distribution facilities that are under the control of the operator of a public water system and that are used primarily in connection with the system and any collection or pretreatment storage facilities that are not under the control of the operator of a public water system and that are used primarily in connection with a public water system.
3. A service connection does not include a connection to a system that delivers water by a constructed conveyance other than a pipe, if any of the following applies:
(a) The water is used exclusively for purposes other than residential uses consisting of drinking, cooking or bathing or other similar uses.
(b) The department determines that alternative water is provided for residential or similar uses for drinking and cooking and that the water achieves a level of public health protection that is equivalent to the applicable national primary drinking water regulations.
(c) The department determines that the water that is provided for residential or similar uses for drinking, cooking and bathing is centrally treated or is treated at the point of entry by the water provider, a pass‑through entity or the user to achieve the level of public health protection that is equivalent to the applicable national primary drinking water regulations.
4. An irrigation district in existence before May 18, 1994 and that provides primarily agricultural service through a piped water system with only incidental residential or similar use is not a public water system if the system or the residential or other similar users of the system comply with paragraph 3, subdivision (b) or (c) of this subsection.
5. Persons who receive water through connections that are not service connections pursuant to paragraph 3 of this subsection are not included in the computation of the number of persons prescribed by paragraph 1, subdivision (b) of this subsection.
Sec. 3. Section 49-353, Arizona Revised Statutes, is amended to read:
49-353. Duties of director; rules; prohibited lead use
A. The director shall:
1. Exercise general supervision over all matters related to water quality control of public water systems throughout this state.
2. Prescribe rules regarding the production, treatment, distribution and testing of potable water by public water systems, except that such rules shall not apply to irrigation, industrial or similar systems where the water is used for nonpotable purposes. The rules shall comply with at least the following:
(a) The requirements established by the United States environmental protection agency for state primary enforcement responsibility of the safe drinking water act, including the requirements of 40 Code of Federal Regulations parts 141 and 142.
(b) Require that the plans and specifications for all public water systems, including water treatment plants, distribution systems, distribution system extensions, water treatment methods and devices and all appurtenances and devices for sale to be used in water supplies and public water systems be submitted with a fee for review to the department. The department, in establishing fees authorized by this section, shall comply with title 41, chapter 6. The department shall not set a fee at more than the department's cost of providing the service for which the fee is charged. State agencies are exempt from all fees imposed pursuant to this section. Monies collected from the fees shall be deposited in the water quality fee fund established by section 49‑210. The director may require that plans and specifications for public water systems include programs to meet future needs for drinking water and to supply specified minimum quantities of drinking water. The director shall:
(i) Require that a new public water system demonstrate that the system possesses adequate managerial and financial capacity to operate in compliance with this article and the rules adopted pursuant to this article.
(ii) Accept adequate findings of other public authorities regarding the adequate managerial and financial capacity of a public water system to operate in compliance with this article and the rules adopted pursuant to this article.
(c) Provide that no public water system, including a water treatment plant, distribution system, distribution system extension, water treatment method or device, appurtenance and device used in water supplies or public water systems be constructed, reconstructed, installed or initiated before compliance with the standards and rules has been demonstrated by approval of the plans and specifications by the department. The rules shall prescribe minimum standards for the bacteriological, physical and chemical quality of water distributed through public water systems. The director of environmental quality may consult with the director of the department of health services in developing these standards.
(d) Provide for a simplified administrative procedure for approving structural revisions, additions, extensions or modifications to existing small public water systems for potable water serving a population of three thousand three hundred or fewer persons.
(e) Exempt from the plan review requirements of this paragraph, including any requirements for approval to construct or approval of construction, any structural revisions, additions, extensions or modifications to public water systems which are in compliance with the department's rules applicable to those systems or which are making satisfactory progress towards compliance under a schedule approved by the department if either of the following conditions is satisfied:
(i) The revision, addition, extension or modification has a project cost of twelve thousand five hundred dollars or less.
(ii) The revision, addition, extension or modification is made to a water line which is not for a subdivision requiring plat approval by a city, town or county, and has a project cost of more than twelve thousand five hundred dollars but less than fifty thousand dollars, the design of which is sealed by a professional engineer registered in this state and the construction of which is reviewed for conformance with the design by a professional engineer.
(f) Require a notice of compliance with the conditions for exemption upon the completion of any revisions, additions, extensions or modifications completed in accordance with subdivision (e) of this paragraph.
(g) Provide for the submission of samples at stated intervals.
(h) Provide for inspection and certification of such water supplies.
(i) Provide for the abatement as public nuisances of any premises, equipment, process or device, or public water system that does not comply with the minimum standards and rules.
(j) Provide for records regarding water quality to be kept by owners and operators of the public water systems and that reports regarding water quality be filed with the department.
(k) Provide for appropriate actions to be taken if a water supply does not meet the standards established by the department.
(l) Require a public water system to implement a specified program to control contamination from backflow, backsiphonage or cross connection. All such programs shall be consistent with title 41, chapter 16.
(m) Require that public water systems identify and provide notice to persons that may be affected by lead contamination of their drinking water where such contamination results from either or both of the following:
(i) The lead content in the construction materials of the public water distribution system.
(ii) Corrosivity of the water supply sufficient to cause leaching of lead.
(n) Provide for relief from water testing and monitoring requirements for public water systems qualifying under the federal safe drinking water act (P.L. 93‑523; 88 Stat. 1660 1661; P.L. 95‑190; 91 Stat. 1393; P.L. 104‑182; 110 Stat. 1613), as amended in 1996.
3. Develop and implement strategies to assist public water systems in acquiring and maintaining the technical, managerial and financial capacity to operate in compliance with this article and the rules adopted pursuant to this article. Assistance may be provided based on the needs of the water system.
B. Pipes, and pipe fittings and plumbing fittings and fixtures having a lead content in excess of eight per cent a weighted average of one-quarter of one percent lead when used with respect to the wetted surfaces and solders and flux having a lead content in excess of two‑tenths of one per cent percent shall not be used in the installation or repair of public water systems or of any plumbing in residential or nonresidential facilities providing water for human consumption which are connected to public water systems. The weighted average lead content of a pipe, pipe fitting or plumbing fitting or fixture shall be calculated as follows:
1. For each wetted component, the percentage of lead in the component shall be MULTIPLIED by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component.
2. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product.
3. The lead content of the material used to produce a wetted component shall be used to determine compliance with this subsection.
4. For lead content of materials that are provided as a range, the maximum content of that range shall be used.
C. This Subsection b of this section shall does not apply to:
1. Leaded joints necessary for the repair of cast iron pipes.
2. pipes, pipe fittings and plumbing fittings and fixtures, including backflow preventers, that are used exclusively for nonpotable water services such as manufacturing, industrial processing, irrigation, outdoor watering or any other uses where the water is not anticipated to be used for human consumption.
3. toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves or service saddles or water distribution main gate valves that are two inches in diameter or larger.
C. D. Notwithstanding subsection A, paragraph 2, subdivision (c) of this section, a public water system may construct, reconstruct, install, extend or initiate a water supply system, water treatment plant, distribution system, water treatment method or device, or appurtenance that is used in water supply or in a public water system when the system is out of compliance with standards and rules adopted pursuant to this article only if the construction is necessary to correct the system's noncompliance.
D. E. The provisions of This section and the rules adopted pursuant to this section apply to public water systems as described by section 49‑352, subsection B.
Sec. 4. Section 49-361, Arizona Revised Statutes, is amended to read:
49-361. Sewage treatment plants; operator certification
The department shall adopt and enforce rules to classify sewage collection systems and treatment plants and to certify operating personnel according to the skill, knowledge and experience necessary within the classification. The rules shall provide that operating personnel may be certified on the basis of training and supervision at the place of employment. The department may assess and collect reasonable certification fees to reimburse the cost of certification services, and the fees shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general water quality fee fund established by section 49-210. The rules apply to all sewage treatment plants that receive and treat wastes from common collection sewers and industrial plants but do not apply to septic tanks, to devices that serve a single home or to industrial treatment devices that are used to perform or allow recycling or impounding wastes within the boundaries of the industry's property.
APPROVED BY THE GOVERNOR MAY 11, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 11, 2016.
