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Arizona - HB2180 - aquifer protection permits; natural gas
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Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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  • Policy Overview
  • BILL STATUS OVERVIEW 
    HB2180
    SPONSORS: SEEL P
    TITLE: aquifer protection permits; natural gas
    HOUSE FIRST READ: 01/19/10
    COMMITTEES: ASSIGNED COMMITTEES ACTION
    01/19/10 WE
    01/19/10 RULES
    HOUSE SECOND READ: 01/20/10
    FINAL DISPOSITION: Held in Committees
  • Summary/Fact Sheet Title
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  •  

     

     

    REFERENCE TITLE: aquifer protection permits; natural gas

     

     

     

     

    State of Arizona

    House of Representatives

    Forty-ninth Legislature

    Second Regular Session

    2010

     

     

    HB 2180

     

    Introduced by

    Representative Seel

     

     

    AN ACT

     

    amending section 49-250, 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 49-250, Arizona Revised Statutes, is amended to read:

    START_STATUTE49-250.  Exemptions

    A.  The director may, by rule, may 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 that 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 if 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 that 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 Firefighting 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 if 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.

    25.  Class II injection wells that are used in connection with natural gas storage projects and that are subject to regulation under the safe drinking water act and 40 Code of Federal Regulations part 144. END_STATUTE



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  • Second Reading Calendar

    Wednesday, January 20, 2010

    SECOND READING OF BILLS

     

    HB2061, HB2073, HB2140, HB2144, HB2173-HB2174, HB2180, HB2188, HB2196-HB2197, HB2199, HB2201-HB2202, HB2206-HB2209, HB2212, HB2215, HB2217, HB2241-HB2242, HB2248, HB2256, HB2258, HB2262-HB2267, HB2272, HB2276, HB2280, HB2282, HB2286-HB2287, HB2289-HB2293, HB2296, HB2300-HB2303, HB2306, HB2309-HB2313, HB2315, HB2317-HB2321, HB2323-HB2325, HB2328, HB2335-HB2340, HB2344-HB2345, HB2351-HB2353, HB2355, HB2357, HB2361-HB2363, HB2370-HB2372, HB2374-HB2378, HB2382-HB2383, HB2387, HB2392-HB2393, HB2395-HB2397, HB2399-HB2401, HB2405-HB2407, HB2409-HB2410, HB2412-HB2416, HB2423, HB2434, HB2447-HB2448, HB2460, HB2462, HB2476, HB2500, HB2503-HB2510, HB2536, HB2542, HB2568, HCM2001, HCM2004, HCR2007

     

     

    THE CLERK IS INSTRUCTED TO RECORD

    THE ACTION OF THE HOUSE

    First Reading Calendar 

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