49-203. Powers and duties of the director and
department
A. The director shall:
1. Adopt, by rule, water quality standards in the form and subject to the
considerations prescribed by article 2 of this chapter.
2. Adopt, by rule, a permit program that is consistent with but no more stringent
than the requirements of the clean water act for the point source discharge of any
pollutant or combination of pollutants into navigable waters. The program and the rules
shall be sufficient to enable this state to administer the permit program identified in
section 402(b) of the clean water act including the sewage sludge requirements of section
405 of the clean water act and as prescribed by article 3.1 of this chapter.
3. Adopt, by rule, a program to control nonpoint source discharges of any pollutant
or combination of pollutants into navigable waters.
4. Adopt, by rule, an aquifer protection permit program to control discharges of
any pollutant or combination of pollutants that are reaching or may with a reasonable
probability reach an aquifer. The permit program shall be as prescribed by article 3 of
this chapter.
5. Adopt, by rule, the permit program for underground injection control described
in the safe drinking water act.
6. Adopt, by rule, technical standards for conveyances of reclaimed water and a
permit program for the direct reuse of reclaimed water.
7. Adopt, by rule or as permit conditions, such discharge limitations, best
management practice standards, new source performance standards, toxic and pretreatment
standards and such other standards and conditions as are reasonable and necessary to
carry out the permit programs and regulatory duties described in paragraphs 2 through 5
of this subsection.
8. Assess and collect fees to revoke, issue, deny, modify or suspend permits issued
pursuant to this chapter and to process permit applications. The director may also assess
and collect costs reasonably necessary if the director must conduct sampling or
monitoring relating to a facility because the owner or operator of the facility has
refused or failed to do so on order by the director. The director shall set fees that are
reasonably related to the department's costs of providing the service for which the fee
is charged. State agencies are exempt from all fees imposed pursuant to this
chapter. Monies collected from aquifer protection permit fees and from Arizona pollutant
discharge elimination system permit fees shall be deposited, pursuant to sections 35-146
and 35-147, in the water quality fee fund established by section 49-210. Monies from
other permit fees shall be deposited, pursuant to sections 35-146 and 35-147, in the
water quality fee fund unless otherwise provided by law. Monies paid by an applicant for
review by consultants for the department pursuant to section 49-241.02, subsection D,
shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund
established by section 49-210.
9. Adopt, modify, repeal and enforce other rules that are reasonably necessary to
carry out the director's functions under this chapter.
10. Require monitoring at an appropriate point of compliance for any organic or
inorganic pollutant listed under section 49-243, subsection I if the director has reason
to suspect the presence of the pollutant in a discharge.
11. Adopt rules establishing what constitutes a significant increase or adverse
alteration in the characteristics or volume of pollutants discharged for purposes of
determining what constitutes a major modification to an existing facility under the
definition of new facility pursuant to section 49-201. Before the adoption of these
rules, the director shall determine whether a change at a particular facility results in
a significant increase or adverse alteration in the characteristics or volume of
pollutants discharged on a case by case basis, taking into account site conditions and
operational factors.
B. The director may:
1. On presentation of credentials, enter into, on or through any public or private
property from which a discharge has occurred, is occurring or may occur or on which any
disposal, land application of sludge or treatment regulated by this chapter has occurred,
is occurring or may be occurring and any public or private property where records
relating to a discharge or records that are otherwise required to be maintained as
prescribed by this chapter are kept, as is reasonably necessary to ensure compliance with
this chapter. The director or a department employee may take samples, inspect and copy
records required to be maintained pursuant to this chapter, inspect equipment,
activities, facilities and monitoring equipment or methods of monitoring, take
photographs and take other action reasonably necessary to determine the application of,
or compliance with, this chapter. The owner or managing agent of the property shall be
afforded the opportunity to accompany the director or department employee during
inspections and investigations, but prior notice of entry to the owner or managing agent
is not required if reasonable grounds exist to believe that such notice would frustrate
the enforcement of this chapter. If the director or department employee obtains any
samples before leaving the premises, the director or department employee shall give the
owner or managing agent a receipt describing the samples obtained and a portion of each
sample equal in volume or weight to the portion retained. If an analysis is made of
samples, or monitoring and testing are performed, a copy of the results shall be
furnished promptly to the owner or managing agent.
2. Require any person who has discharged, is discharging or may discharge into the
waters of the state under article 3 or 3.1 of this chapter and any person who is subject
to pretreatment standards and requirements or sewage sludge use or disposal requirements
under article 3.1 of this chapter to collect samples, to establish and maintain records,
including photographs, and to install, use and maintain sampling and monitoring equipment
to determine the absence or presence and nature of the discharge or indirect discharge or
sewage sludge use or disposal.
3. Administer state or federal grants, including grants to political subdivisions
of this state, for the construction and installation of publicly and privately owned
pollutant treatment works and pollutant control devices and establish grant application
priorities.
4. Develop, implement and administer a water quality planning process, including a
ranking system for applicant eligibility, wherein appropriated state monies and available
federal monies are awarded to political subdivisions of this state to support or assist
regional water quality planning programs and activities.
5. Enter into contracts and agreements with the federal government to implement
federal environmental statutes and programs.
6. Enter into intergovernmental agreements pursuant to title 11, chapter 7, article
3 if the agreement is necessary to more effectively administer the powers and duties
described in this chapter.
7. Participate in, conduct and contract for studies, investigations, research and
demonstrations relating to the causes, minimization, prevention, correction, abatement,
mitigation, elimination, control and remedy of discharges and collect and disseminate
information relating to discharges.
8. File bonds or other security as required by a court in any enforcement actions
under article 4 of this chapter.
C. Subject to section 38-503 and other applicable statutes and rules, the
department may contract with a private consultant for the purposes of assisting the
department in reviewing aquifer protection permit applications and on-site wastewater
treatment facilities to determine whether a facility meets the criteria and requirements
of this chapter and the rules adopted by the director. Except as provided in section
49-241.02, subsection D, the department shall not use a private consultant if the fee
charged for that service would be greater than the fee the department would charge to
provide that service. The department shall pay the consultant for the services rendered
by the consultant from fees paid by the applicant or facility to the department pursuant
to subsection A, paragraph 8 of this section.
D. The director shall integrate all of the programs authorized in this section and
such other programs affording water quality protection that are administered by the
department for purposes of administration and enforcement and shall avoid duplication and
dual permitting to the maximum extent practicable.
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