Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1660
water; effluent; credits
Purpose
Allows an industrial processing facility to construct and operate an on-site wastewater
treatment facility for wastewater, and discharge its effluent after treatment by the on-site
wastewater treatment facility, to a constructed underground storage facility, under outlined
conditions.
Background
A person who wishes to operate a constructed underground storage facility must apply for
and obtain a constructed underground storage facility permit from the Arizona Department of
Water Resources (ADWR). Additionally, the person must apply for and obtain a water storage
permit to store water in the constructed underground storage facility and a recovery well permit to
recover the water stored at the storage facility. Each permit is subject to its own application
requirements as prescribed by law (A.R.S. §§ 45-811.01; 45-831.01; and 45-834.01).
The Director of ADWR is required to establish a long-term storage account for each person
holding long-term storage credits. Up to 95 percent of the recoverable water stored at a storage
facility may be credited to a long-term storage account if the conditions prescribed in law are
satisfied. A long-term storage account may include a subaccount for each active management area,
irrigation non-expansion area, groundwater basin or groundwater subbasin in which the person's
stored water is located and may be subdivided by type of water (A.R.S. § 45-852.01)
Effluent is water that has been collected on a sanitary sewer for subsequent treatment in a
facility that is regulated by the Arizona Department of Environmental Quality and that remains
effluent until it acquires the characteristics of groundwater or surface water (A.R.S. § 45-101).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows an industrial processing facility, if the water and wastewater service provider that holds
a certificate of convenience and necessity for the service area in which the industrial processing
facility is located cannot or does not accept the entire discharging capacity of an otherwise
lawful industrial processing facility, to:
a) construct and operate an on-site wastewater treatment facility for some or all of its
wastewater; and
b) discharge, after treatment by the on-site wastewater treatment facility, its effluent to a
constructed underground storage facility. FACT SHEET
S.B. 1660
Page 2
2. Requires the water and wastewater service provider to continue to provide water service under
the terms of its certificate of convenience and necessity that is sufficient for the industrial
processing facility to comply with the occupancy requirements of the permitting jurisdictions
and agencies for the facility.
3. Allows any long-term storage credits accrued from stored effluent to only be used at the site
where the water was stored.
4. Adds to the definition of effluent water, other than water that is originally supplied by a city,
town or private water company, that is used for nonirrigation use in an industrial facility and
that is treated at the site of use to meet or exceed aquifer water quality standards.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
RA/slp