See also:
  Subdivisions, Sewage Collection Systems and Onsite Systems

You need to obtain an Aquifer Protection Permit, or APP, if you own or operate a facility that discharges a pollutant either directly to an aquifer or to the land surface or the vadose zone (the area between an aquifer and the land surface) in such a manner that there is a reasonable probability that the pollutant will reach an aquifer.

• See A.R.S. § 49-201(12) for statutory definition of discharge
• A.R.S. §§ 49-241 through 49-252, and A.A.C. R18-9-101 through R18-9-403 for statutes and rules related to APP

The following facilities are considered to be "discharging" and require permits, unless exempted, or the director determines that the facility will be designed, constructed and operated so there will be no migration of pollutants directly to the aquifer or to the vadose zone:

1. Surface impoundments, pits, ponds, and lagoons
2. Solid waste disposal facilities, except for mining overburden and wall rock that has not been subject to mine leaching operations
3. Injection wells
4. Land treatment facilities
5. Facilities adding pollutants to a salt dome, salt beds, or salt formations, drywells, underground caves, or mines
6. Mine tailings piles and ponds
7. Mine leaching operations
8. Septic tank systems
9. Underground water storage facilities (if wastewater-effluent is used)
10. Point source discharges to navigable waters
11. Sewage or wastewater treatment facilities

ADEQ issues both general and individual APPs. ADEQ will help you determine if the facility qualifies for a general permit or an exemption upon request.

Contacts

Exemptions
There are currently 24 types of facilities specified under A.R.S. § 49-250 as exempt from requiring an APP. In addition, there are four class exemptions and two activities to which the program does not apply.

Closure
"Clean closure" means implementation of all actions specified as closure requirements in a permit and elimination, to the greatest degree practicable, of any reasonable probability of further discharge from the facility and of exceeding aquifer water quality standards at the applicable point of compliance. Clean closure also means post-closure monitoring and maintenance are unnecessary.

• Clean Closure Application

Individual Permits (A.R.S. § 49-241)

ADEQ encourages an applicant to schedule a pre-application meeting to discuss issues relevant to permitting, such as groundwater monitoring, design, operations and closure. While not mandatory, this meeting will help the applicant in completing the Individual Permit Application and may result in quicker processing times that may lower application review fees and other costs. Actual processing time is approximately six months, however, incomplete applications often result in delays and the processing time can continue as long as two+ years.

The Individual Permit Guidance Manual provides information to help applicants complete the permit application and guide them through the permitting process. The manual outlines specific information requirements for the individual permit application and gives technical information for designing acceptable monitoring, contingency and closure plans. The Individual Permit Guidance Manual is being revised.

Individual Permit Requirements
There are numerous requirements specified in 18 A.A.C. 9, Article 2. However, the following are the most critical:

1. BADCT - The applicant must show that the best available demonstrated control technology (BADCT is pronounced 'BADCAT') will be used by the facility.
2. The applicant must show that aquifer water quality standards (AWQS) will not be violated in the aquifer at a point of compliance as a result of discharge from the facility. If the level of a pollutant in the aquifer already exceeds the AWQS at the time of permit issuance, the aquifer must not be further degraded.
3. Financial and technical capability.

Permit duration.
In most cases, individual permits are issued for the operational life of the facility.

Area-Wide Individual Permits (A.R.S. § 49-243(P))

Area-wide permits may be issued instead of several individual permits to cover facilities under common ownership in a contiguous geographic area. Discharge reduction in the pollutant management area and the demonstration that aquifer water quality standards will not be violated or further degraded can be evaluated collectively for existing facilities. This type of permit is most applicable to large mining and industrial sites with multiple discharging facilities. An applicant must complete an Individual Permit Application.

General Permits

There are currently 45 general permits ranging from permits requiring department notification, to permits authorized by simply meeting the criteria specified in rule.

Most permit conditions are listed under 18 A.A.C. 9, Article 3. However, A.R.S. §§ 49-245.01 and 49-245.02 list specific permit conditions for:

• Facilities that manage stormwater regulated by the Clean Water Act
• Certain vadose zone injection wells, subsurface discharges, and point source discharges to waters of the United States from man made bodies of water associated with golf courses, parks and residential common areas containing groundwater, stormwater, reclaimed wastewater or a combination of these.

Types of General Permits
The following Type 2, 3, and 4 General Permits are available to download in PDF format.

• Type 1 General Permits. No notification is required, however, best management practices (BMPs) must be followed to reduce or prevent the discharge of pollutants.
  
  
• Type 2 General Permits require a Notice of Intent (NOI) and a Supplemental Notice of Intent
  • Notice of Intent for Type 2 General Permits
  • Supplemental Notices of Intent for Type 2 General Permits
  
  
• Type 3 General Permits require a Notice of Intent and a Supplemental Notice of Intent
  • Notice of Intent for Type 3 General Permits
  • Supplemental Notices of Intent for Type 3 General Permits
  
  
• Type 4 General Permits require a Notice of Intent
  • Notices of Intent for Type 4 General Permits
  
  
• Agricultural General Permits. No notification is required; however, BMPs must be followed to reduce or prevent the discharge of pollutants.

General Permit Renewal and Permit Transfer
Type 2 and 3 general permits need to be periodically renewed (See Discharge Authorization Renewal Form for details). Type 4 general permits are valid for the operational life of the facility.

Permit Renewal Forms

• Type 2 Discharge Authorization Renewal Form
• Type 3 Discharge Authorization Renewal Form

Permit Transfer Forms (to be completed by the buyer)

• Notice of Transfer for a Sewage Treatment Facility operating under a 1.09 general permit
• Notice of Transfer for a Type 2, 3, or 4.01 general permit
• Notice of Transfer for an Onsite Wastewater Treatment Facility (Type 4.02 to 4.23 General Permits)

Notices of Intent (NOIs) and Supplemental NOIs

Type 2 General Permits

• Notice of Intent for Type 2 General Permits
• Supplemental NOIs
  • 2.01 General Permit for Drywells that Drain Areas Where Hazardous Substances are Used, Stored, Loaded or Treated
  • 2.02 General Permit for Intermediate Stockpiles at Mining Sites
  • 2.03 General Permit for Hydrologic Tracer Studies
  • 2.04 General Permit for Drywells that Drain Areas at Motor Fuel Dispensing Facilities Where Motor Fuels are Used, Stored or Loaded
  • 2.05 General Permit for Capacity, Management, Operation, and Maintenance of a Sewage Collection System
  • 2.06 General Permit for Fish Hatchery Discharge to a Perennial Surface Water

Type 3 General Permits

• Notice of Intent for Type 3 General Permits
• Supplemental NOIs
  • 3.01 General Permit for Lined Impoundments
  • 3.02 General Permit for Process Water Discharges from Water Treatment Facilities
  • 3.03 General Permit for Vehicle and Equipment Washes
  • 3.04 General Permit for Non-Storm Water Impoundments at Mining Sites
  • 3.05 General Permit for Disposal Wetlands
  • 3.06 General Permit for Constructed Wetlands to Treat Acid Rock Drainage at Mining Sites
  • 3.07 General Permit for Tertiary Treatment Wetlands

Type 4 General Permits

• Notices of Intent for Type 4 General Permits
  • 4.01 General Permit for Sewage Collection Systems
  • 4.02 through 4.23 General Permits (Word) (PDF) for On-Site Wastewater Treatment Facilities
• Requests for Discharge Authorization for Type 4 General Permits
  • 4.01 Request for Discharge Authorization for Sewage Collection Systems
  • 4.02 through 4.23 General Permit (Word) (PDF) Request for Discharge Authorization for Onsite Systems

Aquifer Protection Permit Fees (A.A.C. R18-14-101 through R18-14-107 and A.R.S. § 49-241.02)

The initial fee for an individual APP application is $1,000 for individual permits, amendments to individual permits, clean closures and other approvals (services subject to an hourly rate fee). ADEQ charges a flat fee for general permits, Determinations of Applicability and Subdivision Approvals. Initial fees and flat fees are paid when the application is submitted. For all services subject to an hourly rate fee, final billing or refund is based on the number of hours ADEQ technical staff spend in processing the permit or clean closure approval at $61 per hour. Applicants must pay a fee for the service even if the department denies the application or if the applicant withdraws the application.

The statutory authority governing maximum fees for applications under the APP program was amended on May 19, 2004 (Laws 2004, Chapter 247, Section 1). The new maximum fees for processing, issuing or denying permit action applications are specified in A.R.S. § 49-241.02 and listed in the following table.

Each permit action application submitted by the applicant is subject to a maximum fee.

The maximum fee specified in the table above applies for any pending APP application submitted to ADEQ before May 19, 2004 and supersedes any maximum fee specified by ADEQ in any letter dated before May 19, 2004. (A.R.S. § 49-241.02(B) as revised by Laws 2004, Chapter 247, Section 1.)

To clarify, ADEQ will notify the applicants by letter of any change in the maximum fee for an application that was pending before May 19, 2004.

An applicant may request that the department waive the applicable maximum fee for processing an application for a permit action. Upon doing so, the applicant agrees to pay the total direct cost which the department incurs to process the application (A.R.S. § 49-241.02(F)).

Registration Fees (A.R.S. § 49-242 - modified May 19, 2004 pursuant to Laws 2004, Chapter 247, Section 1)
Facilities with individual permits and existing facilities are generally subject to annual registration fees ranging from $25 to $8,500 per year based on the discharge or influent rate in gallons per day. For a site with more than one permit, the annual registration fee is calculated first with the fee for the permit with the greatest discharge plus up to $1,000 for each additional permit for facilities on the site - not including general permits. For example, if a site has facilities covered the following permits:

• Permit A - flows of 10,000,000 gallons per day
• Permit B - flows of 5,000,000 gallons per day
• Permit C - flows of 10,000 gallons per day

The annual registration fee is $8,500 for Permit A; $1,000 for Permit B and $100 for Permit C or $9,600 per year.

Temporary Permits and Emergency Waivers
Temporary permits (A.A.C. R18-9-A210) and emergency waivers (A.R.S. § 49-251) are available under specific circumstances.