Arizona Laws 49-255. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 49-255
- Clean water act: means the federal water pollution control act amendments of 1972 (P. See Arizona Laws 49-201
- Discharge: means the direct or indirect addition of any pollutant to the waters of the state from a facility. See Arizona Laws 49-201
- Indirect discharge: means either of the following:
(a) The introduction of pollutants into a publicly owned treatment works from any nondomestic source that is regulated under section 307(b), (c) or (d) of the clean water act. See Arizona Laws 49-255
- 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
- Point source: means any discernible, confined and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be discharged to WOTUS or protected surface water. 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
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- 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
- Publicly owned treatment works: means a treatment works owned by this state or a municipality of this state as defined in section 502(4) of the clean water act or that discharges to a protected surface water. See Arizona Laws 49-255
- Treatment works: means any devices and systems that are used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, the elements essential to providing a reliable recycled supply such as standby treatment units and clear well facilities, and any works that will be an integral part of the treatment process or that are used for residues resulting from that treatment. See Arizona Laws 49-255
- Well: means a bored, drilled or driven shaft, pit or hole whose depth is greater than its largest surface dimension. See Arizona Laws 49-201
- 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. "AZPDES" means the Arizona pollutant discharge elimination system program as adopted under section 402(b) of the clean water act for WOTUS and under Section 49-255.04 for non-WOTUS protected surface water.
2. "Discharge":
(a) Means any addition of any pollutant to protected surface waters from any point source.
(b) Does not include the addition of dredged material or fill material to non-WOTUS protected surface waters.
3. "Indirect discharge" means either of the following:
(a) The introduction of pollutants into a publicly owned treatment works from any nondomestic source that is regulated under section 307(b), (c) or (d) of the clean water act.
(b) For a publicly owned treatment works that discharges to non-WOTUS protected surface waters, the introduction of pollutants from any nondomestic source that would be regulated under section 307(b), (c) or (d) of the clean water act if the publicly owned treatment works were to discharge to a WOTUS.
4. "Industrial user" means a source of indirect discharge.
5. "Publicly owned treatment works" means a treatment works owned by this state or a municipality of this state as defined in section 502(4) of the clean water act or that discharges to a protected surface water.
6. "Sewage sludge":
(a) Means solid, semisolid or liquid residue that is generated during the treatment of domestic sewage in a treatment works.
(b) Includes domestic septage, scum or solids that are removed in primary, secondary or advanced wastewater treatment processes, and any material derived from sewage sludge.
(c) Does not include ash that is generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings that are generated during preliminary treatment of domestic sewage in a treatment works.
7. "Treatment works" means any devices and systems that are used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, the elements essential to providing a reliable recycled supply such as standby treatment units and clear well facilities, and any works that will be an integral part of the treatment process or that are used for residues resulting from that treatment. For the programs required by sections 49-255.02 and 49-255.03, treatment works include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and any appurtenances, extensions, improvements, remodeling, additions and alterations.
8. "Upset":
(a) Means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit discharge limitations because of factors that are beyond the reasonable control of the permittee.
(b) Does not include noncompliance to the extent that it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.