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Statutes, Rules, and Definitions Pertaining to Water Quality at ADWR





 rain drop 45-105 – Powers and duties of director

Describes the duties of the director to coordinate, confer, and contract with the department of environmental quality in matters pursuant to title 49, chapter 2, article 5, Remedial Actions.

 rain drop 45-594 - Well construction standards; remedial measures

Establishes statutory authority of the director to establish well construction rules.

 rain drop 45-596 - Notice of intention to drill

Describes requirements for filing a notice of intent to drill or deepen a well. 

 rain drop 45-596(I) – Defines remedial action sites. 

 rain drop 45-596(J) – Establishes licensing timeframe of 45 days for review of notices of intent for wells within or near remedial action sites.

 rain drop 45-605 - Well inspections; cross-contamination; remedial measures; definition

Establishes the authority for director to inspect wells for vertical cross-contamination of groundwater, and conduct remedial actions in consultation with the director of environmental quality.

 rain drop 45-605(E) – Requires the director to notify persons drilling a well in a sub-basin where a registry site is located and gives the authority to establish rules  for new and replacement wells.

 rain drop 45-618 – Arizona water quality fund

Establishes the Arizona water quality fund as a means for ADWR participation in WQARF activities and prescribes reporting requirements.


Other Related Statutes

Title, 49, Article 5 - Remedial Actions

 rain drop 49-281 - Definitions

 rain drop 49-282 - Water quality assurance revolving fund

 rain drop 49-282.04 - Cross-contamination inspection; remedial measures



 rain drop Article 8 Well Construction and Licensing of Well Drillers

    R12-15-801 – Definitions

    R12-15-811 – Minimum Well Construction Requirements

    R12-15-812 – Special aquifer conditions

    R12-15-816 – Abandonment

    R12-15-818 – Well location

    R12-15-820 – Request for variance

    R12-15-821 – Special requirements

    R12-15-822 – Capping of open wells

    R12-15-850 – Evaluation of Notices of Intention to Drill; Notification of Registered Site Locations. Vertical Cross-

                       contamination Evaluation

    R12-15-851 – Notification of Well Drilling Commencement

 rain drop Article 13. Well Spacing Requirements; Replacement Wells in Approximately the Same Location

    R12-15-1301 et seq – Well Spacing Requirements; Replacement Wells in Approximately the Same Location





 rain drop Aquifer is defined in several places in state statute.  A.R.S. §§ 45-561 and 45-802.01. Definitions 1. "Aquifer" means a geologic formation that contains sufficient saturated materials to be capable of storing water and transmitting water in usable quantities to a well

A.R.S. § 49-201. Definitions   2. "Aquifer" means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring.

A.A.C. R12-15-801. Definitions. 2. "Aquifer" means an underground formation capable of yielding or transmitting usable quantities of water.

 rain drop Aquifer layer or boundary is not defined in either statute or rule.  Thus, for the purposes of this program it is being interpreted to mean a change in aquifer properties indicated by a difference in hydraulic conductivity between adjacent aquifer layers that is at least greater than two orders of magnitude (100 times greater). 

 rain drop Hazardous substances are defined under A.R.S. §49-281 as having “the same meaning as prescribed in A.R.S. §49-201, but does not include petroleum as defined in A.R.S. § 49-1001, except to the extent that a constituent of petroleum is subject to the provisions of A.R.S. § 49-283.02.”  Under A.R.S. § 49-283.02, the extent of a release of a hazardous substance subject to Article 5, is the release that is not otherwise subject to other programs of cleanup and has migrated in the groundwater beyond the property boundary.

Under A.R.S. § 49-201 a hazardous substance is defined by:

18. "Hazardous substance" means:

(a) Any substance designated pursuant to sections 311(b)(2)(A) and 307(a) of the clean water act.

(b) Any element, compound, mixture, solution or substance designated pursuant to section 102 of CERCLA.

(c) Any hazardous waste having the characteristics identified under or listed pursuant to section 49-922.

(d) Any hazardous air pollutant listed under section 112 of the federal clean air act (42 United States Code section 7412).

(e) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the federal toxic substances control act (15 United States Code section 2606).

(f) Any substance which the director, by rule, either designates as a hazardous substance following the designation of the substance by the administrator under the authority described in subdivisions (a) through (e) of this paragraph or designates as a hazardous substance on the basis of a determination that such substance represents an imminent and substantial endangerment to public health.

 rain drop Vertical cross-contamination is defined under A.R.S. §45-605(A) by reference to A.R.S. § 49-281[15], to mean “the vertical migration of released hazardous substances in groundwater through a well from an aquifer or aquifer layer to another aquifer or aquifer layer”.  As stated under A.R.S. §45-605 [H], “vertical cross-contamination” has the same meaning as Title 49, Chapter 2. Water Quality Control, Article 5. Remedial Actions, 281 Definitions, A.R.S. § 49-281.

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