In this article, unless the context otherwise requires:

Terms Used In Arizona Laws 49-231

  • Best management practices: means those methods, measures or practices to prevent or reduce discharges and includes structural and nonstructural controls and operation and maintenance procedures. See Arizona Laws 49-201
  • Clean water act: means the federal water pollution control act amendments of 1972 (P. See Arizona Laws 49-201
  • Department: means the department of environmental quality. See Arizona Laws 49-201
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Impaired water: means a protected surface water for which credible scientific data exists that satisfies the requirements of section 49-232, and that, in the case of WOTUS, demonstrates that the water should be identified pursuant to 33 United States Code § 1313(d) and the regulations implementing that statute. See Arizona Laws 49-231
  • Permit: means a written authorization issued by the director or prescribed by this chapter or in a rule adopted under this chapter stating the conditions and restrictions governing a discharge or governing the construction, operation or modification of a facility. See Arizona Laws 49-201
  • Pollutant: means fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous or hazardous substances. See Arizona Laws 49-201
  • Protected surface waters: means waters of the state listed on the protected surface waters list under section 49-221, subsection G and all WOTUS. See Arizona Laws 49-201
  • Standards: means water quality standards, pretreatment standards and toxicity standards established pursuant to this chapter. See Arizona Laws 49-201
  • Statute: A law passed by a legislature.
  • Total maximum daily load: means an estimation of the total amount of a pollutant from all sources that may be added to a water while still allowing the water to achieve and maintain applicable surface water quality standards. See Arizona Laws 49-231
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • WOTUS: means waters of the state that are also navigable waters as defined by section 502(7) of the clean water act. See Arizona Laws 49-201

1. "Impaired water" means a protected surface water for which credible scientific data exists that satisfies the requirements of section 49-232, and that, in the case of WOTUS, demonstrates that the water should be identified pursuant to 33 United States Code § 1313(d) and the regulations implementing that statute.

2. "Surface water quality standard" means a standard adopted for a protected surface water pursuant to section 49-221 and, in the case of WOTUS, pursuant to section 49-222.

3. "TMDL implementation plan" means a written strategy to implement a total maximum daily load that is developed for an impaired water. TMDL implementation plans may rely on any combination of the following components that the department determines will result in achieving and maintaining compliance with applicable surface water quality standards in the most cost-effective and equitable manner:

(a) Permit limitations.

(b) Best management practices.

(c) Education and outreach efforts.

(d) Technical assistance.

(e) Cooperative agreements, voluntary measures and incentive-based programs.

(f) Load reductions resulting from other legally required programs or activities.

(g) Land management programs.

(h) Pollution prevention planning, waste minimization or pollutant trading agreements.

(i) Other measures deemed appropriate by the department.

4. "Total maximum daily load" means an estimation of the total amount of a pollutant from all sources that may be added to a water while still allowing the water to achieve and maintain applicable surface water quality standards. Each total maximum daily load shall include allocations for sources that contribute the pollutant to the water. Total maximum daily loads for WOTUS shall meet the requirements of section 303(d) of the clean water act (33 United States Code § 1313(d)) and regulations implementing that statute to achieve applicable surface water quality standards. Total maximum daily loads for non-WOTUS protected surface waters shall not be subject to review, approval or enforcement by the United States environmental protection agency.

 

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