Arizona Laws 49-255.05. Best management practices for activities within non-WOTUS
A. The director shall adopt by rule best management practices and notification requirements to ensure that the activities prescribed in this section do not violate applicable surface water quality standards. The director may include only those best management practices that extend to:
Terms Used In Arizona Laws 49-255.05
- 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
- Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Ordinary high watermark: means the line on the shore of an intermittent or perennial protected surface water established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris or other appropriate means that consider the characteristics of the channel, floodplain and riparian area. 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
- Recharge project: means a facility necessary or convenient to obtain, divert, withdraw, transport, exchange, deliver, treat or store water to infiltrate or reintroduce that water into the ground. 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
1. Activities conducted within the ordinary high watermark of perennial or intermittent non-WOTUS protected surface waters.
2. Activities conducted within the bed and banks of waters that materially impact downstream non-WOTUS protected surface waters. The director shall determine through rulemaking what constitutes a material impact and that rulemaking shall be based on factors that include distance and topography.
3. Activities that are not already regulated under this title.
B. The director may not adopt best management practices and notification requirements for the following:
1. Discharges to a non-WOTUS protected surface water incidental to a recharge project.
2. Established or ongoing farming, ranching and silviculture activities such as plowing, seeding, cultivating, minor drainage or harvesting for the production of food, fiber or forest products or upland soil and water conservation practices.
3. Maintenance but not construction of drainage ditches.
4. Construction and maintenance of irrigation ditches.
5. Maintenance of structures such as dams, dikes and levees.