HB 2097
Initials EB Page 1 Natural Resources, Energy & Water
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2097: gray water; definition; residential standards
Sponsor: Representative Parker B, LD 10
Committee on Natural Resources, Energy & Water
Overview
Outlines requirements for a person to use or discharge gray water at a private residence.
History
Gray water is wastewater collected separately from a sewage flow and that originates from a
clothes washer or a bathroom tub, shower or sink. It does not include wastewater from a
kitchen sink, dishwasher or toilet (A.R.S. § 49-201).
The Arizona Department of Environmental Quality (ADEQ) can issue two general permits
that allow gray water to be used for: 1) household gardening, composting or landscape
gardening within a private residence's property boundary; and 2) landscape irrigation and
composting (A.A.C. R18-9-D701 and R18-9-D702).
The Director of ADEQ can establish, by rule, minimum requirements to address public health
or safety concerns regarding residential gray water treatment systems used indoors for toilet
flushing. Residential gray water may be used indoors for toilet flushing with a gray water
treatment system that: 1) uses less than 400 gallons of gray water daily; 2) is certified to
meet standards issued by a national sanitary foundation and America National Standards
Institute; 3) reasonably precludes human contact with gray water; 4) provides a dedicated
piping system that supplies only treated gray water to the toilet flushing facilities; and 4)
provides gray water for toilet flushing only if the system is properly working (A.R.S. § 49-
204).
Provisions
1. Prohibits a county zoning ordinance from imposing any other requirements or penalties
on gray water users who comply with prescribed requirements for using or discharging
gray water at a private residence. (Sec. 1)
2. Restricts any county ordinance from preventing, restricting or regulating the use or
occupation of land or improvements on land related to gray water that conform to the
requirements for using or discharging gray water at a private residence. (Sec. 2)
3. States that a permit is not required for repairs or improvements worth more than $500
or for constructing a gray water system within a zoning district. (Sec. 3)
4. Allows a person to use or discharge gray water at a private residence if:
a) the total gray water flow is 400 gallons or less daily;
b) gray water originating from the residence is used and contained within the property
boundary for household gardening, composting or landscape watering;
c) human contact with gray water and soil watered by gray water is avoided; HB 2097
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d) surface application of gray water is not used for watering of food plants, except as
otherwise allowed;
e) the gray water does not contain hazardous chemicals;
f) the gray water does not contain water used to wash diapers or similar soiled or
infectious garments;
g) gray water application is managed to minimize standing water on the surface and the
water user employs best practices to improve soil condition and increase filtration;
h) the water user ceases gray water use if the system fails to operate properly;
i) the water user restricts access to any gray water surge tanks with a covering or lid
and holding time is minimized to avoid development of anaerobic conditions and odors;
j) the gray water system is sited outside of a floodway;
k) the gray water system is operated to maintain a minimum vertical separation distance
as specified;
l) any pressure piping used in the gray water system that may be susceptible to cross
connection with a potable water system clearly indicates the piping does not carry
potable water; and
m) the water user applies gray water to a surface by flood or drip distribution. (Sec. 5)
5. Prohibits ADEQ, county, municipality or other political subdivision from requiring a
notice or permit for the use or discharge of gray water if the gray water user is consistent
with outlined requirements for using or discharging gray water at a private residence.
(Sec. 5)
6. Prohibits ADEQ, a county, municipality or other political subdivision from requiring a
private residence to connect to an on-site wastewater treatment facility, outside sewage
system or require any related permits or notices if:
a) the residence uses gray water;
b) all toilets at the residence are composting toilets; and
c) all kitchen sinks in the residence do not have a garbage disposal. (Sec. 5)
7. Restricts ADEQ, a county, municipality or other political subdivision from prohibiting a
person from installing a composting toilet on any property that is:
a) located in an unincorporated area of a county with a zoning classification that allows
for the construction of a private residence;
b) located on a two-acre lot or larger; and
c) not directly adjacent to a municipality. (Sec. 5)
8. Defines composting toilet. (Sec. 4)
9. Modifies the definition of gray water to include wastewater that has been collected
separately from a sewage flow and that originates from a dishwasher or kitchen sink that
does not include a garbage disposal. (Sec. 4)
10. Excludes, from the definition of gray water, wastewater from a kitchen sink that includes
a garbage disposal or wastewater contaminated by soiled diapers. (Sec. 4)
11. Excludes from the definition of on-site wastewater treatment facility a system that is
installed at a site to treat and dispose of gray water. (Sec. 4)
12. Makes technical and conforming changes. (Sec. 1-4 and 6)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note