49-250. Exemptions
A. The director may, by rule, exempt specifically described classes or categories
of facilities from the aquifer protection permit requirements of this article on a
finding either that there is no reasonable probability of degradation of the aquifer or
that aquifer water quality will be maintained and protected because the discharges from
such facilities are regulated under other federal or state programs that provide the same
or greater aquifer water quality protection as provided by this article.
B. The following are exempt from the aquifer protection permit requirement of this
article:
1. Household and domestic activities.
2. Household gardening, lawn watering, lawn care, landscape maintenance and related
activities.
3. The noncommercial use of consumer products generally available to and used by
the public.
4. Ponds used for watering livestock and wildlife.
5. Mining overburden returned to the excavation site including any common material
which has been excavated and removed from the excavation site and has not been subjected
to any chemical or leaching agent or process of any kind.
6. Facilities used solely for surface transportation or storage of groundwater,
surface water for beneficial use or reclaimed water that is regulated pursuant to section
49-203, subsection A, paragraph 6 for beneficial use.
7. Discharge to a community sewer system.
8. Facilities that are required to obtain a permit for the direct reuse of
reclaimed water.
9. Leachate resulting from the direct, natural infiltration of precipitation
through undisturbed regolith or bedrock if pollutants are not added to the leachate as a
result of any material or activity placed or conducted by man on the ground surface.
10. Surface impoundments used solely to contain storm runoff, except for surface
impoundments regulated by the federal clean water act.
11. Closed facilities. However, if the facility ever resumes operation the facility
shall obtain an aquifer protection permit and the facility shall be treated as a new
facility for purposes of section 49-243.
12. Facilities for the storage of water pursuant to title 45, chapter 3.1 unless
reclaimed water is added.
13. Facilities using central Arizona project water for underground storage and
recovery projects under title 45, chapter 3.1, article 6.
14. Water storage at a groundwater saving facility that has been permitted under
title 45, chapter 3.1.
15. Application of water from any source, including groundwater, surface water or
wastewater, to grow agricultural crops or for landscaping purposes, except as provided in
section 49-247.
16. Discharges to a facility that is exempt pursuant to paragraph 6 if those
discharges are regulated pursuant to 33 United States Code section 1342.
17. Solid waste and special waste facilities when rules addressing aquifer
protection are adopted by the director pursuant to section 49-761 or 49-855 and those
facilities obtain plan approval pursuant to those rules. This exemption shall only apply
if the director determines that aquifer water quality standards will be maintained and
protected because the discharges from those facilities are regulated under rules adopted
pursuant to section 49-761 or 49-855 that provide aquifer water quality protection that
is equal to or greater than aquifer water quality protection provided pursuant to this
article.
18. Facilities used in:
(a) Corrective actions taken pursuant to chapter 6, article 1 of this title in
response to a release of a regulated substance as defined in section 49-1001 except for
those off-site facilities that receive for treatment or disposal materials that are
contaminated with a regulated substance and that are received as part of a corrective
action.
(b) Response or remedial actions undertaken pursuant to article 5 of this chapter
or pursuant to CERCLA.
(c) Corrective actions taken pursuant to chapter 5, article 1 of this title or the
resource conservation and recovery act of 1976, as amended (42 United States Code
sections 6901 through 6992).
(d) Other remedial actions which have been reviewed and approved by the appropriate
governmental authority and taken pursuant to applicable federal or state laws.
19. Municipal solid waste landfills as defined in section 49-701 that have solid
waste facility plan approval pursuant to section 49-762.
20. Storage, treatment or disposal of inert material.
21. Structures that are designed and constructed not to discharge and that are built
on an impermeable barrier that can be visually inspected for leakage.
22. Pipelines and tanks designed, constructed, operated and regularly maintained so
as not to discharge.
23. Surface impoundments and dry wells that are used to contain storm water in
combination with discharges from one or more of the following activities or sources:
(a) Fire fighting system testing and maintenance.
(b) Potable water sources, including waterline flushings.
(c) Irrigation drainage and lawn watering.
(d) Routine external building wash down without detergents.
(e) Pavement wash water where no spills or leaks of toxic or hazardous material
have occurred unless all spilled material has first been removed and no detergents have
been used.
(f) Air conditioning, compressor and steam equipment condensate that has not
contacted a hazardous or toxic material.
(g) Foundation or footing drains in which flows are not contaminated with process
materials.
(h) Occupational safety and health administration or mining safety and health
administration safety equipment.
24. Industrial wastewater treatment facilities designed, constructed and operated as
required by section 49-243, subsection B, paragraph 1 and using a treatment system
approved by the director to treat wastewater to meet aquifer water quality standards
prior to discharge, if that water is stored at a groundwater storage facility pursuant to
title 45, chapter 3.1.
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