Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2186
remedial groundwater incentive; brackish groundwater
Purpose
Adds, to the definition of hazardous substance, groundwater containing total dissolved
solids between 1,000 and 10,000 milligrams per liter and deems the use of the outlined hazardous
substances and remedial groundwater as consistent with the management goal of an active
management area (AMA) if outlined conditions apply.
Background
For the purpose of determining whether an assured water supply exists, the Director of the
Arizona Department of Environmental Quality (ADEQ) must find that a groundwater
replenishment district member's projected use is consistent with achieving the management goal
for the AMA if: 1) the land for which a certificate or the city, town or private water company for
which a designation is sought is in a groundwater replenishment district; 2) the Director of ADEQ
has made either a preliminary determination that has not expired or a final determination that the
district's plan for operation is consistent with achieving the management goal; and 3) the master
replenishment account does not have a debit balance that exceeds the cumulative amount of the
district's debits accrued during the four preceding calendar years (A.R.S. § 45-576.01).
Hazardous substance includes: 1) any substance designated by outlined statute and the
Federal Clean Water Act; 2) any element, compound, mixture, solution or substance designated
pursuant to section 102 of CERCLA; 3) any hazardous air pollutant listed by the Federal Clean
Air Act; 4) any imminently hazardous chemical substance or mixture with respect to which the
administrator has taken action pursuant to the Federal Toxic Substances Control Act; 5) and any
substance that the Director of ADEQ, by rule, either designates as a hazardous substance following
the designation of the substance by an outlined administrator or designates as a hazardous
substance on the basis of a determination that such substance represents an imminent and
substantial endangerment to public health (A.R.S. § 49-201).
Inert material means broken concrete, asphaltic pavement, manufactured asbestos-
containing products, brick, rock, gravel, sand and soil. Inert material also includes material that,
when subjected to a water leach test that is designed to approximate natural infiltrating waters, will
not leach substances in concentrations that exceed numeric aquifer water quality standards,
including overburden and wall rock that is not acid generating, taking into consideration acid
neutralization potential, and that has not and will not be subject to mine leaching operations
(A.R.S. § 49-201).
Remedial actions means actions that are reasonable, necessary, cost-effective and
technically feasible in the event of the release or threat of release of hazardous substances into the
environment, such as actions as may be necessary to investigate, monitor, assess and evaluate such
release or threat of release, actions of remediation, removal or disposal of hazardous substances or FACT SHEET
H.B. 2186
Page 2
taking such actions as may be necessary to prevent, minimize or mitigate damage to the public
health or welfare or to the environment that may otherwise result form a release or threat of release
of a hazardous substance. Remedial actions include the use of biostimulation with indigenous and
bioaugmentation using microbes that are nonpathogenic, that are nonopportunistic and that are
naturally occurring (A.R.S. § 49-281).
ADEQ may conduct a remedial investigation and feasibility study of a scored site or
portion of the site to assess conditions on the site or portion of the site and to evaluate alternative
potential remedies to the extent necessary to select a final remedy in a manner consistent with
adopted rules and procedures. After evaluating the site or portion of a site, the Director of ADEQ
must prepare a proposed remedial action plan and issue notice of the proposed plan to pursuant to
the community involvement plan. A copy of the proposed remedial action plan must also be sent
to each person on the preliminary list of potentially responsible parties with a notice that includes
the outlined required information and that also must: 1) notify the recipients of the opportunity to
propose alternative methods of allocation of liability among responsible parties; 2) provide a
preliminary list of potentially responsible parties and summarize the basis for each party's liability,
if the Director of ADEQ determines that cost recovery may be appropriate; 3) advise the recipient
that all information known to the recipient regarding a person who may be liable and any facility
within the site from which a release of hazardous substance may have occurred must be provided
to ADEQ within a reasonable period set by ADEQ, but at least within 60 days; 4) within 90 days
after the end of the public comment period, if ADEQ has received sufficient information
identifying additional persons who may be responsible or facilities where a release of a hazardous
substance may have occurred, the Director of ADEQ must investigate that person or facility within
the site or decline to investigate and notify the person providing the information in writing of the
decision (A.R.S. §§ 49-287.03 and 49-287.04).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems the use of remedial groundwater by a person with or applying for a certificate or
designation of assured water supply during a year as consistent with the management goal of
the AMA in which the remedial groundwater is withdrawn and is excluded when determining
compliance with the management goal requirements if the Director of ADEQ determines that
the remedial groundwater use is consistent with the management goal and the person complies
with outlined metering and reporting requirements.
2. Deems the use of remedial groundwater by a person with or applying for a certificate or
designation of assured water supply during a year as consistent with the management goal of
an AMA in which the remedial groundwater is withdrawn and is excluded when determining
compliance with management goal requirements without approval of the Director of ADEQ if:
a) the remedial groundwater associated with the withdrawal or use meets the outlined
definition of a hazardous substance;
b) the total amount of remedial groundwater to be withdrawn from all wells pursuant to the
approved remedial action project does not exceed the total amount of remedial groundwater
in the relevant area that meets the outlined definition of a hazardous substance;
c) the person provides outlined information; and FACT SHEET
H.B. 2186
Page 3
d) the person complies with outlined metering and reporting requirements.
3. Allows a person with or applying for a certificate or designation of assured water supply that
is using or proposing to use remedial groundwater or that has agreed in a consent decree or
other document approved by ADEQ or the U.S. Environmental Protection Agency (EPA) to
use remedial groundwater to apply to the Director of ADEQ for a determination that the
person's use of the remedial groundwater is consistent with the management goal of the AMA
by submitting an application on a form provided by the Director of ADEQ.
4. Requires the Director of ADEQ, if the Director approves an application for a determination
that the person's use of the remedial groundwater is consistent with the management goal of
the AMA, to calculate the annual amount of remedial groundwater use that is deemed
consistent with the management goal.
5. Requires the Director of ADEQ to establish rules;
a) establishing a simplified application process to determine that remedial groundwater use is
consistent with the management goals of an AMA;
b) outlining the timeline for review for a submitted application; and
c) outlining the formulation to calculate, increase or decrease the annual authorized volume
that can be withdrawn.
6. Requires a person with or applying for a certificate or designation of assured water supply that
is withdrawing or proposing to withdraw remedial groundwater that is or has been determined
to be consistent with the management goal to:
a) meter the remedial groundwater withdrawals separately from groundwater withdrawn
pursuant to another groundwater withdrawal authority; and
b) include in its annual reports the amount of remedial groundwater withdrawn during the
reporting year that is consistent with the management goal and the purposes for which the
remedial groundwater was used.
7. Requires a person with or applying for a certificate or designation of assured water supply that
is withdrawing or proposing to withdraw or use remedial groundwater that meets the outlined
definition of a hazardous substance and is deemed consistent with the management goals of
an AMA to provide, at least 120 days before commencement of the withdrawals or use or 120
days after the general effective date, whichever is later, written notice to the Director of ADEQ
of:
a) the annual volume of remedial groundwater to be withdrawn from each well pursuant to
the approved remedial action project;
b) the total amount of remedial groundwater in the relevant area that meets the outlined
definition of a hazardous substance;
c) the time period in which remedial groundwater will be withdrawn and used;
d) the anticipated or actual commencement date of withdrawals or use;
e) the purpose for which the remedial groundwater will be used;
f) a copy of a document evidencing ADEQ or EPA approval of the person's withdrawal and
use of remedial groundwater, such as a remedial action plan, record of decision or consent
decree;
g) the person with or applying for a certificate or designation of assured water supply to which
the remedial groundwater will be pledged; and FACT SHEET
H.B. 2186
Page 4
h) the name and telephone number that the Arizona Department of Water Resources may
contact regarding the withdrawal or use.
8. Requires a copy of a proposed remedial action plan sent to each person on the preliminary list
of potentially responsible parties to advise the recipient that all information known to the
recipient regarding a person who may be liable and any facility within the site from which a
release of hazardous substance, except remedial groundwater that meets the outlined definition
of a hazardous substance, may have occurred must be provided to the ADEQ within a
reasonable period of time set by ADEQ, but at least within 60 days.
9. Removes a hazardous substance that meets the outlined definition of a hazardous substance
from hazardous substances that the Director of ADEQ must investigate within 90 days after
the end of the public comment period, if ADEQ has received sufficient information identifying
additional persons who may be responsible.
10. Defines annual authorized volume as, for an approved remedial action project, the annual
authorized volume specified in a consent decree or other document approved by ADEQ or the
EPA, except that:
a) if no annual authorized amount is specified in a consent decree or other document approved
by ADEQ or the EPA, the annual authorized volume is the largest volume of groundwater
withdrawn pursuant to the approved remedial action project in any year before the general
effective date; and
b) if the Director of ADEQ increases the annual authorized volume, the annual authorized
volume is the amount approved by the Director.
11. Adds, to the definition of hazardous substance, groundwater containing total dissolved solids
between 1,000 and 10,000 milligrams per liter.
12. Removes, from the definition of inert material, material that, when subjected to a water leach
test that is designed to approximate natural infiltrating waters, will not leach substances in
concentrations that exceed numeric aquifer water quality standards, including overburden and
wall rock that is not acid generating, taking into consideration acid neutralization potential,
and that has not and will not be subject to mine leaching operations.
13. Includes, in the definition of remedial actions, for groundwater that meets the outlined
definition of a hazardous substance, desalination of the groundwater to a level such that the
groundwater no longer meets the definition of hazardous substance and complies with all
applicable ADEQ potable drinking water standards.
14. Defines authorized remedial groundwater use to mean, for any year, the amount of remedial
groundwater withdrawn pursuant to an approved remedial action project and used by a person
with or applying for a certificate or designation of assured water supply during the year, not to
exceed the annual authorized volume of the project.
15. Defines remedial groundwater to:
a) mean groundwater withdrawn pursuant to an approved remedial action project; and
b) not include groundwater withdrawn to provide an alternative water supply.
16. Makes technical and conforming changes. FACT SHEET
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Page 5
17. Becomes effective on the general effective date.
House Action
NREW 2/13/24 DP 6-4-0-0
3
rd
Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
March 19, 2024
RA/SDR/slp