ES-2024-001 FINAL BOS STAFF REPORT.PDF
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Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Board of Health (BOH) Meeting Date: October 28, 2024 Board of Supervisors Hearing Date: March 12, 2025 Case #/Title: ES-2024-001/Direct Potable Reuse (Advanced Water Purification) Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve proposed revision to Maricopa County Environmental Health Code (MCEHC) to remove the outdated provisions regarding the use of reclaimed wastewater. Updating these provisions will align MCEHC with current Arizona statutes and the Arizona Department of Environmental Quality’s (ADEQ) rules for advanced water purification regulations. Support/Opposition: A public meeting was held on September 5, 2024. Three stakeholders were present during the meeting. No comments or statements either for or against were provided during the meeting or following the meeting. Department Recommendation: Staff recommends the Board of Supervisors (BOS) approve the proposed MCEHC revision. BOH Recommendation: The Board of Health (BOH) voted 4-1 to approve the Department’s proposed revision and proceed according to the EROP expedited process. Executive Summary: This case removes the outdated provisions in the MCEHC regarding the use of reclaimed wastewater. The revised language would allow advanced water purification/ direct potable reuse, aligning the MCEHC with ADEQ’s rules for advanced water purification. Page 2 of 2 The proposal does not increase fees; it updates the language found in MCEHC. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in July 2024. Also, in August 2024, the County Manager briefed the Board of Supervisors. The Department conducted a stakeholder workshop on September 5, 2024. Then on October 28, 2024, the Department presented a Staff Report for this case to the Board of Health (BOH) at which time the BOH approved this case to proceed on the EROP expedited process for the BOS to adopt this proposed Department revision. Presented by: Andy Linton, Director Attachments: Report to the BOH - (2 Pages) County Manager Memo – (1 Page) Proposed MCEHC Revisions – (2 Pages) Presentation – Stakeholder Meeting (09/05/2024) - (5 pages) Stakeholder Meeting Minutes (09/05/2024) – (2 page) Environmental Services 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 Maricopa.gov/Enviro –– Case #/Title: ES-2024-001/Direct Potable Reuse Meeting Date: October 28, 2024 Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve the proposed Maricopa County Environmental Health Code (MCEHC) revision for the Enhanced Regulatory Outreach Program (EROP) Expedited Process. Support/Opposition: The Department held a stakeholder public meeting on September 5, 2024. Three stakeholders attended the meeting. No comments or statements either for or against were provided during the meeting or following the meeting. Department Recommendation: Staff recommends that the Board of Health approve this MCEHC proposal for the EROP Expedited Process. Discussion: The proposal removes MCEHC Direct Potable Reuse language that conflicts with the Arizona Department of Environmental Quality advanced water purification regulations that will be adopted before the end of 2024. This proposal follows the EROP policy and workflow process; no fee changes are requested. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in July 2024. Also, the Board of Supervisors was briefed in July 2024. Environmental Services 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 Maricopa.gov/Enviro –– Attachments: County Manager Case Approval (1 Page) Proposed MCEHC Revisions (2 Pages) Presentation – Stakeholder Meeting (9/5/24) – (5 Pages) MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER II SEWAGE AND WASTES SECTION 2 SEWAGE AND WASTE TREATMENT WORKS REGULATION 1. and REGULATION 2. No Change REGULATION 3. General Considerations a. All sewerage and disposal systems and waste treatment works shall conform to the applicable general provisions relating to sewerage and waste disposal, listed in Section 1 of this Chapter, and to the specific provisions of this section. b. Design, operation, and maintenance of sewerage systems shall be in general conformance with the criteria contained in Engineering Bulletin No. 11 and this Code. c. Preliminary plans. Design or consulting engineers should confer with the Department before proceeding with detailed designs of major waste treatment works. It is advisable to submit, for preliminary consideration, tentative plans containing a general description of the existing or proposed plant, works, or systems, or proposed changes therein. d. Tests and records. The owner or operator of each waste treatment works shall have equipment for and make such tests and keep such records as are necessary to assure efficient operation of the treatment works. Records of plant operation shall be transmitted to the Department monthly on forms approved by the Department and as it may specify. e. Operation. All sewage and industrial waste treatment works shall be operated at their highest practical efficiency at all times. If, after investigation by the Department it is determined that any treatment or disposal works is causing unsatisfactory conditions in the waters or stream course or on or under any land into which the effluent is discharged, or is otherwise interfering with the legitimate uses of such waters or lands or is creating a nuisance or a menace to public health, the owner shall make such changes in the plant or its operation as are necessary to produce satisfactory results. These changes shall be made within such time limits as are set by the Department. f. Inspection. Inspections of sewage and industrial waste treatment works and wastewater reclamation systems shall be made by personnel of the Department. Appropriate person or persons shall be notified of any unsatisfactory conditions with recommendations for corrections. g. Approval required. No sewage or industrial waste treatment effluents shall be reclaimed without written approval from the Department. The reclamation of sewage or industrial waste treatment effluents for irrigation of crops used for human consumption, watering of cattle, full body contact, or drinking purposes is prohibited. A.A.C. Title 18, Chapter, 11, Sections 301 through 309 govern reuse of waste treatment effluent. h. Bypassing of untreated sewage from sewage treatment systems is prohibited. REGULATION 4. and REGULATION 5. No Change Stakeholder Workshop Andres Martin : Permitting Services Coordinator : September 5, 2024 ES-2024-001 Direct Potable Reuse In-Person Attendee Info • Restrooms are available just outside of the meeting room. Additional restrooms are available near the café by the elevators. • We will answer questions at the end of the presentation. Virtual Attendee Info • All calls are muted to prevent background noise. • If you have questions for the presenter, please type your questions in the chat section of the virtual meeting room. • We will answer questions at the end of the presentation. • We will provide an opportunity to ask live questions at the end of the presentation as well. Environmental Services Department’s Mission To provide safe food, water, waste disposal and vector borne disease reduction controls to the people of Maricopa County so that they may enjoy living in a healthy and safe community. Agenda • Overview of Direct Potable Reuse/Advanced Water Purification • Background • Purpose of Proposed Code Change • Proposed Revisions to Code • Next Steps and Enhanced Regulatory Outreach Program (EROP) Information • Stakeholder Questions Direct Potable Reuse/Advanced Water Purification • Direct Potable Reuse, is also referred to as Advanced Water Purification (AWP). • AWP takes wastewater and then treats it into purified water. • AWP treatment technologies use established and proven methods to remove impurities, regulated chemical contaminants, and known pathogens, producing high-quality potable drinking water for distribution to consumers. This purified drinking water is intended to meet or exceed state and federal regulatory and health-based standards. Background Maricopa County Environmental Services Department’s Role in Drinking Water Environmental Services regulates public drinking water systems within the County, as well as facilities (e.g., restaurants, hotels, public/semi-public swimming pools) that are required to utilize water obtained from approved potable water sources. Background Maricopa County Environmental Health Code Chapter 2, Section 2, Regulation 3. g. Approval required. No sewage or industrial waste treatment effluents shall be reclaimed without written approval from the Department. The reclamation of sewage or industrial waste treatment effluents for irrigation of crops used for human consumption, watering of cattle, full body contact, or drinking purposes is prohibited. A.A.C. Title 18, Chapter, 11, Sections 301 through 309 govern reuse of waste treatment effluent. g. Purpose of Proposed Code Change The Advanced Water Purification Program • As a measure being implemented to increase the state of Arizona’s water portfolio and combat water shortages, the Arizona Department of Environmental Quality (ADEQ) is in development of the Advanced Water Purification Program (AWPP) with new regulations for the reuse of treated municipal wastewater as potable (drinking) water. • For more information about ADEQ’s AWPP, please visit azdeq.gov/awp-rulemaking • The Maricopa County Environmental Health Code’s (MCEHC) prohibition on the utilization of Direct Potable Reuse (e.g., Advanced Water Purification) for drinking water purposes conflicts with the state’s goal to improve the sustainability of Arizona’s water supplies through the AWPP. Purpose of Proposed Code Change • The Maricopa County Environmental Services Department (MCESD) is proposing the removal of the Direct Potable Reuse prohibition from the MCEHC. • This would remove the conflict with ADEQ’s AWP regulations and allow the AWPP to be implemented in Maricopa County by the time the regulation becomes effective (Winter 2024). Arizona Department of Environmental Quality’s AWPP Timeline Proposed Revisions to Code Approval required. No sewage or industrial waste treatment effluents shall be reclaimed without written approval from the Department. The reclamation of sewage or industrial waste treatment effluents for irrigation of crops used for human consumption, watering of cattle, full body contact, or drinking purposes is prohibited. A.A.C. Title 18, Chapter, 11, Sections 301 through 309 govern reuse of waste treatment effluent. g. Maricopa County Environmental Health Code Chapter 2, Section 2, Regulation 3. g. Active Regulatory Process Regulatory Process Step Date County Manager Briefs the Board of Supervisors August 6, 2024 Stakeholder Workshop September 5, 2024 Board of Health Meeting October 28, 2024 Board of Supervisors Public Hearing January 15, 2025 Timeline of Next Steps Maricopa.gov/regulations Enhanced Regulatory Outreach Program (EROP) Enhanced Regulatory Outreach Program (EROP) ES-2024-001 (Direct Potable Reuse) Get Involved • Track active regulatory processes. • View current and previous documents for active regulatory processes. • Provide comments on proposed changes to MCEHC. SIGN UP to receive rule notifications at ENHANCED REGULATORY OUTREACH PROGRAM (EROP) Stakeholder Questions Amanda Bond Quality and Compliance Division Manager Amanda.Bond@Maricopa.gov (602) 372-2735 Thank You Joan Minichiello Management Analyst Joan.Minichiello@Maricopa.gov (602) 506-6481 Andres Martin Permitting Services Coordinator Andres.Martin@Maricopa.gov (602) 506-6148 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 E: esd@maricopa.gov Maricopa.gov/enviro –– Stakeholder Workshop Direct Potable Reuse (DPR) Date: September 5, 2024 Stakeholder Present: Linda Andrews, City of Glendale; Amy Baker, City of Glendale; Austa Parker, Jacobs. Staff Present: Robert Stratman – Deputy Director, Amanda Bond – Quality and Compliance Division Manager, Eric Matson – Water and Waste Management Division Manager, Andres Martin – Permitting Services Coordinator and Atika Hubble – Special Projects Manager Presenter: Andres Martin Minutes*: Andres Martin covered the Enhanced Regulatory Outreach Program (EROP) process and how stakeholders can stay informed on this and other upcoming cases. He further explained Direct Potable Reuse which is also referred to Advanced Water Purification (AWP) and that it is the process of taking wastewater and then treating it into purified water. Andres explained that currently, the Maricopa County Environmental Health Code (MCEHC) prohibits this process while the Arizona Department of Environmental Quality (ADEQ) while combating water shortages, is in the process of developing a program with regulations that will allow wastewater to be treated and used as potable water. Due to this conflict, the department is proposing the removal of one sentence in the MCEHC in Chapter 2, Section 2, Regulation 3(g). There were no comments or questions from stakeholders. Meeting adjourned.