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Report to the Board of Supervisors
Prepared by the Maricopa County Environmental Services Department
Board of Health (BOH)
Meeting Date:
April 27, 2026
Board of Supervisors
Hearing Date:
June 24, 2026
Case #/Title:
ES-2025-05/Wastewater Treatment Plants
Supervisor Districts:
All Districts
Applicant:
Maricopa County Environmental Services Department (Department)
Request:
Approve proposed revision to Maricopa County Environmental
Health Code (MCEHC), Chapter I & II.
Support/Opposition:
The Department held a hybrid stakeholder public meeting on
December 16, 2025, and a virtual meeting on February 26, 2026.
Twenty stakeholders attended the meetings.
Comments received during the stakeholder meeting were supportive;
there were no comments in opposition. A letter was received in
support of the case.
Department
Recommendation:
The Department recommends that the Board of Supervisors (BOS)
approve the proposed MCEHC revision.
BOH
Recommendation:
The Board of Health (BOH) voted unanimously to approve the
Department’s proposed revision and proceed according to the EROP
standard process.
Executive Summary:
Inspection and regulation of wastewater treatment plants are not
delegated to the Department by the Arizona Department of
Environmental Quality (ADEQ). Currently, the Department conducts
regulatory activities related to wastewater treatment plants under the
authority of the MCEHC. ADEQ also regulates wastewater treatment
plants in Maricopa County, requiring an Aquifer Protection Permit, and
believes the Department’s program overlaps. The Department
proposes eliminating the need for permits and routine inspections for
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wastewater treatment plants to avoid duplicative oversight with
ADEQ.
This proposal follows the EROP policy and workflow process; 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 September 2025. Also, the
Board of Supervisors was briefed in September 2025.
The Department conducted a stakeholder workshop on December 16,
2025, and February 26, 2026. On April 27, 2026, 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
standard process for the BOS to adopt this proposed Department
revision.
Presented by:
Andy Linton, Director
Attachments:
Report to the BOH – (2 Pages)
County Manager Case Approval (1 Page)
Proposed MCEHC Revisions (65 Pages)
Presentation – Stakeholder Meeting – (12 Pages)
Stakeholder Meeting Minutes (4 Pages)
Letter of Support (2 Pages)
Environmental Services Department
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
P: 602.506.6616
Maricopa.gov/Enviro
Report to the Board of Health
To Make Recommendation to the Board of Supervisors
Prepared by the Maricopa County Environmental Services Department
Case #/Title:
ES-2025-005/Wastewater Treatment Plants
Meeting Date:
April 27, 2026
Supervisor Districts:
All Districts
Applicant:
Maricopa County Environmental Services Department (Department)
Request:
Approve the proposed Maricopa County Environmental Health Code (MCEHC)
ES-2025-005/Wastewater Treatment Plants to advance on the Enhanced
Regulatory Outreach Program (EROP) Standard Process.
Support/Opposition:
The Department held a hybrid stakeholder public meeting on December 16,
2025, and a virtual meeting was held on February 26, 2026. Twenty
stakeholders attended the meetings.
Comments received during the stakeholder meeting were supportive; there
were no comments in opposition. A letter was received in support of the case.
Department
Recommendation:
The Department recommends that the Board of Health approve the
Department to move forward with the proposed changes to the Wastewater
Treatment section of the MCEHC through the EROP Standard Process, to
make recommendations to the Board of Supervisors (BOS).
Discussion:
Inspection and regulation of wastewater treatment plants are not delegated
to the Department by the Arizona Department of Environmental Quality
(ADEQ). Currently, the Department conducts regulatory activities related to
wastewater treatment plants under the authority of the MCEHC. ADEQ also
regulates wastewater treatment plants in Maricopa County, requiring an
1
Environmental Services Department
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
P: 602.506.6616
Maricopa.gov/Enviro
Aquifer Protection Permit, and believes the Department’s program overlaps.
The Department proposes eliminating the need for permits and routine
inspections for wastewater treatment plants to avoid duplicative oversight
with ADEQ.
This proposal follows the EROP policy and workflow process; 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 September 2025. Also, the Board of
Supervisors were briefed in September 2025.
Attachments:
County Manager Case Approval (1 Page)
Proposed MCEHC Revisions (65 Pages)
Presentation – Stakeholder Meeting – (12 Pages)
Stakeholder Meeting Minutes (4 Pages)
Letter of Support (2 Pages)
2
County Manager’s Office
301 W. Jefferson St., 10th Floor
Phoenix, Arizona 85003
P: 602.372.5599
E: Jen.Pokorski@maricopa.gov
Memorandum
Date: November 6, 2025
To:
Jennifer Pokorski, County Manager
Via:
Darcy Kober, Assistant County Manager
From: Andy Linton, Director
Subject: County Manager Approval- Enhanced Regulatory Outreach Process (EROP) Case ES-2025-
005/Wastewater Treatment Plants
In accordance with the Maricopa County Resolution, "Moratorium on Increased Regulatory Burdens,"
the Environmental Services Department is seeking your approval to proceed with EROP ES-2025-
005/Wastewater Treatment Plants. This proposal qualifies for County Manager approval under the
moratorium, as it removes non-mandated regulatory oversight and duplicative activities related to
wastewater treatment plants.
Currently, inspection and regulation of wastewater treatment plants are not delegated to the Maricopa
County Environmental Services Department (Department) by the Arizona Department of Environmental
Quality (ADEQ). Despite this, the Department currently regulates wastewater treatment plants under
the authority of the Maricopa County Environmental Health Code (MCEHC). Because ADEQ also
regulates wastewater treatment plants in Maricopa County—requiring an Aquifer Protection Permit—
the Department’s activities overlap with ADEQ’s regulatory program.
To eliminate duplicative oversight, the Department proposes discontinuing construction approvals and
routine inspections for wastewater treatment plants. This action aligns with the EROP policy and
workflow process and does not include any fee changes.
The Department believes these changes are both prudent and necessary to ensure that only mandated
functions are performed while continuing to uphold the highest standards of public and environmental
health protection. Accordingly, we respectfully request your approval to advance this proposal in
accordance with the Maricopa County Resolution on the Moratorium on Increased Regulatory Burdens.
Approved by Jennifer Pokorski, County Manager
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R 9-25-2013
MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER I
GENERAL PROVISIONS
REGULATION 1.
Definitions
The following definitions shall apply throughout this Environmental Health Code, unless a
different meaning is clearly indicated by the context or is stated in another chapter.
a.
“Approved” or "approval" means acceptable to the Department and so stated in
writing.
b.
“Board” means the Maricopa County Board of Supervisors.
c.
“Board of Health" means the Board of Health of Maricopa County.
d.
“Chairman” means the Chairman of the Maricopa County Board of Supervisors.
e.
“Clerk” means the Clerk of the Maricopa County Board of Supervisors.
f.
“Counsel” means an attorney licensed to practice law in the State of Arizona.
g.
“County” means Maricopa County.
h.
“Department” means the Maricopa County Environmental Services Department.
i.
“Environmental Health Code” means all of the rules and regulations which are adopted
by the Board of Health and the Board of Supervisors pursuant to A.R.S. 36-183.02
through 36-183.07, 36-184, 36-187(C), 11-251 Paragraphs 17 and 31, 11-251.05, 11-
251.08, 49-106, and 49-107, and which remain in force.
j.
“Environmental Health Officer” means the Director of the Maricopa County
Environmental Services Department or his/her authorized Agents.
k.
“Municipality” means an incorporated area within Maricopa County.
l.
“Notice" means an enforcement Notice issued by the Environmental Health Officer.
m.
“Parties” means the Defendant and the County.
n.
“Permit” means a written permit to operate, issued by the Maricopa County
Environmental Services Department.
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o.
“Person” includes any natural individual, firm, trust, partnership, association,
institution, public body, corporation, or any other entity and includes the plural as
well as the singular, feminine as well as the masculine.
p.
“Predominately” pertains only to fees as used in this Chapter I, Regulation 5 a. of the
Environmental Health Code and means 75% or greater of the operations of or
proceeds generated by a 501(c)(3) charitable non-profit establishment that provides
relief for the poor, distressed or under-privileged.
q.
“Public Water System Site” means the location where an actual or planned potable
water system structure or set of structures are or will be operated and maintained by a
public water system. Typical structures at a drinking water system site may include,
but are not limited to, wells, treatment facilities, chlorinators, storage tanks, and
pressure regulating facilities. Distribution system appurtenances, such as valves, fire
hydrants, sampling ports, meters, service lines, and piping, may be a part of a drinking
water system site, but do not in themselves constitute a drinking water system site.
r.
“Regulation” means the regulations in this Environmental Health Code and the
regulations of the Arizona Departments of Health Services and Environmental
Quality.
REGULATION 2.
Purpose
The rules and regulations adopted and contained herein, and the enforcement thereof by
the Department, are designed and intended to provide minimum standards for the protection of
the health of the people of Maricopa County and to prevent the creation or maintenance of
unhealthful, unsanitary conditions or public health nuisances, and shall be liberally construed to
accomplish these purposes.
REGULATION 3.
Responsibilities - Right of Inspection
a.
The owner, person in charge of control, lessee, tenant, and occupant of every
building, establishment, premises, place, potable water supply, sewage works,
sewerage, drainage, or wastewater reclamation system has the duty to take all
necessary, reasonable and usual precautions to keep, place and preserve the same
in such condition, and to conduct and maintain the same in such manner, that it
shall not be dangerous or deleterious to the public or in violation of the rules and
regulations in this Environmental Health Code or the regulations of the Arizona
Departments of Health Services and Environmental Quality.
b.
No person shall refuse to allow the Department to inspect fully any and all
premises or facilities at any reasonable time, and no person shall molest or resist
the Department in the discharge of its duties whether in inspections for
application approval or for the enforcement of this Environmental Health Code.
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R 10-6-2021
REGULATION 4.
Permits, Service and Other Requirements
a.
No person shall conduct an operation or operate an establishment for which a
permit is required without holding the necessary and valid permit to do so, unless
otherwise specified in this Environmental Health Code.
b.
Permit application shall be made on forms provided by the Department and shall
be completed in all pertinent details.
c.
(1) No application for permit shall receive approval and no permit shall be
issued and no facility for which a permit is required shall be placed in
operation until the applicant demonstrates to the Department full
compliance with the provisions of this Environmental Health Code, unless
otherwise specified in this Environmental Health Code.
(2)
The Environmental Health Officer may refuse to issue a permit to any
person if the person fails to demonstrate sufficient reliability, expertise,
integrity and competence to fulfill the requirements for permit and comply
with applicable rules and regulations of this Environmental Health Code.
d.
Any person denied a permit based on Regulation 4.c.(2) of this Chapter may
exercise the following options:
(1)
Request, in writing, that the Environmental Health Officer specify
conditions necessary to provide reasonable assurance that full compliance
with provisions of this Environmental Health Code will be achieved.
The Environmental Health Officer within five (5) working days of the
request shall specify said conditions; or
(2)
Request in writing a hearing as specified in Chapter I, Regulation 6.
e.
In cases where the Department requires the submission of plans and
specifications, no person shall commence construction unless the required plans
have been approved. It shall be the full responsibility of said person that
construction is in conformance with the approved plans and specifications.
f.
The approval of plans and specifications shall lapse and become invalid one year
from the date of approval unless a substantial portion of the work described in
the plans and specifications has commenced by such anniversary date.
An approval of plans and specifications can be renewed for one year if an
application for renewal is submitted within 180 days prior to expiration and a fee
equal to one-half (1/2) of the flat fee or initial plan review fee is paid. The
approval will be effective for one year from the date of expiration.
g.
(1)
Permits are valid for one calendar year from the initial issue date unless
revoked by the Department. All permit fees are nonrefundable.
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(2)
Annual permit fees are due on the date the permit expires. If the annual
permit fee is not paid on or prior to the due date, the permit shall be
automatically extended for 30 days on the condition the annual permit fee
and a permit reinstatement fee are paid within 30 days after the date the
permit expired. If the permit holder fails to pay the annual permit fee and
the permit reinstatement fee within the 30-day extension period, the permit
shall be deemed expired and void. Each establishment, premises or
vehicle that has not paid the annual permit fee and reinstatement fee
within the 30-day extension period, shall immediately cease operating and
may apply for a new permit pursuant to Regulation 4 of this chapter.
(3)
A permit reinstatement fee becomes due for failure to pay the permit fee
within one calendar month of the permit fee due date.
h.
No permit is transferable from person-to-person or place-to-place.
i.
Each permit certificate shall be kept at the establishment, premise or designated
vehicle and displayed in a conspicuous place designated by the Department.
Where practicable, permits shall be framed and protected against damage and
abuse.
j.
Permit fees are nonrefundable.
REGULATION 5.
Fees
a.
No permit shall be issued, and no permit is valid, until all associated permit fees are
received by the Department, and an inspection has been conducted and/or the approval
to operate has been granted, except that the operator of a charitable nonprofit
establishment (which operates to provide relief predominantly for the poor, distressed
or under-privileged) may apply to the Board of Health for a waiver of permit fee. A
waiver of fee may be granted only to the operator of an establishment, which maintains
a current 501(c)(3) tax exempt designation from the Department of the Treasury,
Internal Revenue Service, who demonstrates to the Board of Health that payment of
said fee will cause financial hardship. Board of Health granted fee waivers expire
pursuant to the required permit listing in section d. of this regulation. Application
for a permit fee waiver shall be made using forms provided by the Department.
(1)
Applications for waivers of Temporary Food Establishment fees will be
processed on a first come, first served basis in accordance with Regulation
5 a. of this Chapter I of the Environmental Health Code. The Department
shall only present a maximum of twenty-five (25) of such applications per
event to the Board of Health.
(2)
A waiver of fees associated with the administering and issuance of a food
employee certificate in compliance with A.R.S. § 41-1080, may be
granted to the operator of an establishment, which maintains a current
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501(c)(3) tax exempt designation from the Department of the Treasury,
Internal Revenue Service and must demonstrate to the Board of Health
that payment of said fees will cause financial hardship.
(3)
To a current student, enrolled in a K-12 culinary arts school program or
other similar curriculum-based programs requiring a food employee
certificate from their students to be in compliance with this code. The
sponsoring school district must demonstrate to the Board of Health that
payment of said fee will cause financial hardship.
b.
Investigation Fees:
If any work for which a permit is required has been commenced without first
obtaining said permit, a special investigation shall be made before a permit may
be issued for such work. An investigation fee, in addition to the permit fee, shall
be collected whether or not a permit is then or subsequently issued. The fee shall
be calculated at a rate of $130.00 per hour. The payment of such investigation
fee shall not exempt any person from compliance with all other provisions of the
Environmental Health Code or the regulations of the Arizona Department of
Health Services or Arizona Department of Environmental Quality or from any
penalty prescribed by law.
c.
Plan Review Fees:
Plan review fees shall be determined based on a flat fee or an initial fee plus an hourly
rate.
(1)
Where it applies, if the actual cost of processing the application for a plan
review is greater than the initial fee, the Department shall send the Applicant
a final itemized bill for the difference between the initial fee and the actual
cost of processing the application except that the final bill shall not exceed the
applicable maximum fee. Such a difference shall be paid in full before
issuance of the permit.
(2)
In determining a flat fee or an hourly rate for services, the fee shall not exceed
the reasonable cost of providing the services required as established by A.R.S.
§ 36 187.C.2.
(3)
From the effective date of this regulation the hourly rate shall be $130.00
dollars per hour based on the Department’s cost for a full fiscal year.
Expedited, design/build and phased plan reviews shall be assessed at two
times the flat fee or hourly rate. The Board of Supervisors may amend the flat
fee or hourly rate annually
d.
Fee Schedule: Fees shall be paid according to the following table:
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R 7-31-2019
CHAPTER I
MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE – FEE SCHEDULE
Effective July 31, 2019
ENVIRONMENTAL HEALTH DIVISION
Food Environmental Health Operating
Permits
Permit Subtype
1 Year Fee
Adventure Food Service
Class 4
$585.00
Bakery
Class 2
$310.00
Bakery (School)
Class 2
$245.00
Boarding Home
Class 2
$275.00
Boarding Home
Class 5
$760.00
Bottled Water and Beverage Plants
Class 2
$305.00
Commissary
Class 2
$1,020.00
Commissary
Class 4
$1,540.00
Damaged Food
Class 4
$620.00
Daycare Foodservice
Class 3
$390.00
E&D 0-9 Seating
Class 2
$260.00
E&D 0-9 Seating
Class 3
$455.00
E&D 0-9 Seating
Class 4
$695.00
E&D 0-9 Seating
Class 5
$610.00
E&D Adult Daycare
Class 3
$100.00
E&D Assisted Living
Class 5
$670.00
E&D Hospital Food Service
Class 5
$1,010.00
E&D Jail Food Service
Class 5
$1,030.00
E&D Nursing Home
Class 5
$690.00
E&D School Foodservice
Class 2
$285.00
E&D School Foodservice
Class 3
$515.00
E&D School Foodservice
Class 4
$735.00
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Food Environmental Health Operating
Permits
Permit Subtype
1 Year Fee
E&D Senior Food Service
Class 3
$475.00
E&D Service Kitchen
Class 2
$230.00
E&D 10+ Seating
Class 2
$315.00
E&D 10+ Seating
Class 3
$650.00
E&D 10+ Seating
Class 4
$1,030.00
E&D 10+ Seating
Class 5
$1,020.00
Food Bank
Class 2
$260.00
Food Catering
Class 5
$530.00
School Food Catering
Class 5
$465.00
Food Jobber
Class 2
$255.00
Food Jobber School
Class 2
$255.00
Food Production
Class 2
$260.00
Food Production
Class 4
$590.00
Food Production School
Class 2
$210.00
Food Production School
Class 4
$490.00
Ice Manufacturing
Class 2
$175.00
Meat Market
Class 4
$610.00
Micro Market
Class 1
$155.00
Refrigerated Warehouse/Locker
Class 2
$265.00
Retail Food Establishment
Class 3
$505.00
Retail Food Establishment
Class 2
$235.00
Vending Machines: 1-29 Units
Class 2
$220.00
Vending Machines: 30-59 Units
Class 2
$220.00
Vending Machines: 60-89 Units
Class 2
$220.00
Vending Machines: 90 Or More Units
Class 2
$220.00
Mobile Food Establishment Operating Permits
Permit Subtype
Fee
Mobile Food Type I – 1 Year
Class 2
$120.00
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R 4-12-2017
Mobile Food Establishment Operating Permits
Permit Subtype
Fee
Mobile Food Type I – 6 Months
Class 2
$60.00
Mobile Food Type II – 1 Year
Class 3
$240.00
Mobile Food Type III – 1 Year
Class 4
$610.00
Seasonal Food Establishment/Annual Event Food
Establishment
Class 2
$180.00
Seasonal Permit Late Fee
Application Received <7 Days Prior to Event
Greater of $50 or 5% of permit fee
charged
Temporary Food Establishment
$85.00
Temporary Food Establishment Late Fee
Application Received <7 Days Prior To Event
Greater of $50 or 5% of permit fee
charged
Food Environmental Health Operating
Permits
Permit Sub Type
One Time Fee
Bare Hand Contact Exemption
$135.00
HACCP Plans
$205.00
Inspection upon Request
Eating and Drinking
$240.00
New Permit Inspection
Eating and Drinking
$315.00
Variance
Eating and Drinking
$200.00
Variance
Mobile Food Establishments
$60.00
Non-Food Environmental Health Operating
Permits
Permit Subtype
1 Year Fee
Campground
$165.00
Jail Complex
$1,085.00
Mobile Pet Shop
$20.00
Pet Shop
$70.00
Public Accommodations
$105.00
School Grounds
$185.00
Food Service Licensing
Fee
Limited Use Food Employee Certificate – Original
$5.00
Food Employee Limited Use Certificate - Duplicate
$3.00
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Environmental Health Plan Review
Subtype
Fee
Expedited Plan Review Fee (Requires prior administration approval) Two Times the fee for that Category
Eating and Drinking Establishments
0-9 Seating Capacity
$545.00
All Other Food Establishments
$615.00
Micro Market Reference Plan
$270.00
Mobile Food Establishments
$75.00
Mobile Food Type II Plan Review
$45.00
Mobile Pet Groomer/Shop
$50.00
Micro Market Permit Processing Fee
20.00
Pet Shops
$520.00
Public Accommodations
$680.00
School Facilities
Food Service
$480.00
School Facilities
Non-Food
$640.00
Other Minor Review
$245.00
WATER & WASTE MANAGEMENT DIVISION
Water and Waste Management Division Operating Permits
Drinking Water Operating Permits
1 Year Fee
Community Public Water System >100,001 Population
$3,925.00
Plus Each Well Site Addition
$270.00
Plus Each Treatment Facility Addition
$1,400.00
Community Public Water System 10,001 to 100,000 Population
$2,700.00
Plus Each Well Site Addition
$270.00
Plus Each Treatment Facility Addition
$1,350.00
Community Public Water System 1,001 to 10,000 Population
$2,000.00
Plus Each Well Site Addition
$270.00
Plus Each Treatment Facility Addition
$1,350.00
Community Public Water System 101 to 1000 Population
$800.00
Plus Each Well Site Addition
$270.00
Plus Each Treatment Facility Addition
$1,350.00
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Drinking Water Operating Permits
1 Year Fee
Community Public Water System 25 to 100 Population
$300.00
Plus Each Well Site Addition
$270.00
Plus Each Treatment Facility Addition
$1,100.00
Non Community Public Water System > 1,000 Population
$700.00
Plus Each Well Site Addition
$270.00
Plus Each Treatment Facility Addition
$1,100.00
Non Community Public Water System 25 to 1000 Population
$250.00
Plus Each Well Site Addition
$270.00
Plus Each Treatment Facility Addition
$1,100.00
Water Transportation (Drinking Water Hauler)
$240.00 per unit
Solid Waste Operating Permits
Permit Subtype
1 Year Fee
Refuse Collection Variance Container Permit
1 to 25,000 Containers
$2,100.00
Refuse Collection Variance Container Permit
25,001 to 50,000 Containers
$4,000.00
Refuse Collection Variance Container Permit
50,001 to 100,000 Containers
$7,800.00
Refuse Collection Variance Container Permit
100,001 to 200,000 Containers
$15,500.00
Refuse Collection Variance Container Permit
200,001 to 300,000 Containers
$23,050.00
Refuse Collection Variance Container Permit
300,001 to 400,000 Containers
$30,700.00
Refuse Collection Variance Container Permit
400,001 to 500,000 Containers
$38,000.00
Refuse Collection Variance Container Permit
500,001+ Containers
$45,000.00
Chemical Toilet
1 through 99 units
$5.00 per unit
Chemical Toilet
100 through 199 units
$550.00
Chemical Toilet
200 through 349 units
$1,000.00
Chemical Toilet
350 through 499 units
$1,500.00
Chemical Toilet
500 through 999 units
$2,500.00
Chemical Toilet
1000 through 1499 units
$4,500.00
Chemical Toilet
1500 through 1999 units
$6,500.00
Chemical Toilet
2000 through 2499 units
$8,000.00
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Solid Waste Operating Permits
Permit Subtype
1 Year Fee
Chemical Toilet
2500 through 2999 units
$ 10,000.00
Chemical Toilet
3000 through 3499 units
$12,500.00
Chemical Toilet
3500 through 3999 units
$14,500.00
Chemical Toilet
4000 through 4499 units
$17,000.00
Chemical Toilet
4500 through 4999 units
$19,500.00
Chemical Toilet
≥5000 and up units
$22,000.00
Non-Hazardous Liquid Waste Hauler
$175.00 per vehicle
Non-Hazardous Solid Waste Hauler
$120.00 per vehicle
Landfill
$450.00
Bio-Hazardous Medical Waste Hauler
$200.00 per vehicle
Swimming Pool Operating Permits
Permit Subtype
1 Year Fee
Bathing
Public
$365.00
Bathing
Semi-Public
$270.00
Hydrotherapy
Public
$235.00
Hydrotherapy
Semi-Public
$225.00
Special Use Pool
Public
$290.00
Special Use Pool
Semi-Public
$250.00
Wading Pool
Public
$235.00
Wading Pool
Semi-Public
$225.00
Inspection Upon Request
Swimming Pool Program
$135.00
Artificial or Semi-Artificial Bathing Lake
$375.00
Wastewater Treatment Operating Permits
1 Year Fee
Individual On-Site Treatment Plant
$100.00
Waste Treatment Works
$2,100.00
Reuse Facility
$300.00
Other Operating Permits
1 Year Fee
Mobile Home Park
$200.00
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Water and Waste Management Division Plan Review
Plan Review Hourly Rate
$130.00 per hour
Investigation Hourly Rate
$130.00 per hour
Plan Review Options: (requires approval prior to project submittal)
Expedited Plan Review – For plan review of a project that requires expediting.
Phased Plan Review – For plan review of a project where the design is executed in phases and requires multiple approvals to be issued.
Design/Build Plan Review –– For plan review of a project that is executed using a design/build methodology.
An applicant may elect to have the project reviewed as an expedited and/or, if applicable, a phased or design/build plan review.
Selecting an expedited, phased or design/build plan review option doubles the flat, initial and maximum fee amounts and the plan
review hourly billing rate. Selecting an expedited plan review option in combination with a phased or design/build plan review option
quadruples the flat, initial and maximum fee amounts.
The amount due when a project is initially submitted for review and approval is based on the fee item(s) flat/initial fee amount, the fee
item quantities specified and the selected expedited, phased or design/build plan review options. For projects that include fee items
with initial/maximum fees (i.e. billable projects), the maximum amount that may be charged for the project is based on the fee item(s)
maximum fee amount, the fee item quantities specified and the selected expedited, phased or design/build plan review options.
Drinking Water Projects Plan Review
Flat or
Initial Fee
Maximum Fee
Site Sampling Plan, Emergency Operations Plans, Backflow Prevention Plan or Other
Public Water System Compliance Plans
Community Water System
25 to 100
$275.00
NA
101 to 1000
$350.00
NA
1,001 to 10,000
$350.00
NA
10,001 to 100,000
$350.00
NA
≥100,001 Population
$350.00
NA
Non Community Water System
25 to 1000
$275.00
NA
≥ 1,001 Population
$275.00
NA
New Source Approval Water Quality Review and Report
$425.00
NA
Drinking Water System Compliance Review
$250.00
NA
Master Plan Review and Approval
$500.00
NA
Master Plan Amendment
$150.00
$1,500.00
Review of Plan for public water supply distribution line (including extensions) and
associated appurtenances per group of 150 connections or less.
$600.00
NA
Water Booster Station
$675.00
NA
Storage Tank (atmosphere and/or pressurized)
$675.00
NA
Well Site Review and Approval
$675.00
NA
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Drinking Water Projects Plan Review
Flat or
Initial Fee
Maximum Fee
Disinfection System
$150.00
$1,500.00
Water Treatment Facility (Includes construction inspection)
Treatment Facility >1.0 million gallons/day
$3,000.00
$24,000.00
Treatment Facility 0.1 million gallons/day to 1 million gallons/day
$1,500.00
$15,000.00
Treatment Facility <100,000 gallons/day
$1,000.00
$10,000.00
Other Construction Plan Review
$150.00
$1,500.00
Experimental Project Approval (Includes
Four (4) Quarterly Inspections)
$300.00
$5,000.00
Water System Blending Plans
$150.00
$7,500.00
Other Operation Plan – Treatment Facility
$150.00
$1,500.00
Solid Waste Projects Plan Review
Initial Fee
Maximum Fee
Non-Hazardous Liquid Waste Transfer Facility
$150.00
$2,600.00
Solid Waste Variance Plan Review
$150.00
$1,560.00
Experimental Project Approval
$150.00
$10,400.00
Swimming Pool Projects Plan Review
Flat or Initial
Fee
Maximum Fee
Swimming Pools/Special Use Pools
≤ 1,000 sq. ft.
$770.00
NA
1,001-2,000 sq. ft.
$1,180.00
NA
2,001-9,999 sq. ft.
$2,205.00
NA
≥ 10,000 sq. ft.
$6,460.00
NA
Swimming Pool Remodel
Simple (no below grade plumbing changes)
$165.00
NA
Complex (includes below grade plumbing changes)
$440.00
NA
Swimming Pool Fence Remodel
$330.00
NA
Swimming Pool Pump Test Variance
$335.00
NA
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Swimming Pool Projects Plan Review
Flat or Initial
Fee
Maximum Fee
Swimming Pool Variance
$200.00
NA
Wastewater Projects Plan Review
Flat or
Initial Fee
Maximum Fee
Septic Tank Conventional Disposal less than 3000 gallons/day
$550.00
NA
On-Site Aerobic System with surface disposal
$1,050.00
NA
Composting Toilet less than 3000 gal/day
$400.00
NA
Septic tank with one Additional Alternative Element*
$1,050.00
NA
Each Additional Alternative Element*
* These alternative disposal elements are all for systems of less than 3000
gal./day and include the following: Pressure distribution systems; gravel less
trenches; natural seal evapotranspiration beds; lined evapotranspiration beds;
Wisconsin Mounds: Engineered Pad Systems; Intermittent Sand Filters; Peat
Filters; Textile Filters; Ruck® Systems; sewage vaults; aerobic
systems/subsurface disposal; aerobic systems/surface disposal; cap systems;
constructed wetlands; sand lined trenches; disinfection devices; sequencing
batch reactors; subsurface drip irrigation systems.
$250.00
NA
On-site Wastewater Treatment Facility with flow from 3000 gal./day to less than 24,000
gal./day (non-aerobic)
$1,800.00
NA
On-Site System Site Inspection
$325.00
NA
Domestic Well Drill, Deepen, Replace or Modify (no inspection)
$175.00
NA
On-Site System Alteration Permit
$205.00
NA
On-Site System Alteration Permit & One Inspection
$400.00
NA
On-Site System Reconnect/Remodel Review
$205.00
NA
On-Site System Reconnect/Remodel Review & One Inspection
$400.00
NA
On-Site System Plan Revision
$205.00
NA
On-Site System Request for Alternate Design, Installation, or Operational Feature
$75.00
NA
On-Site System Design Requiring Interceptor
$200.00/per
interceptor
NA
On-Site System Transfer Ownership
$50.00
NA
On-Site System Abandonment/Closure
$175.00
NA
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Wastewater Projects Plan Review
Flat or
Initial Fee
Maximum Fee
On-Site Additional Inspection
$325.00
NA
Planning & Development Plan Review
$80.00
NA
Master Plan Review and Approval
500.00
NA
Master Plan Amendment
$150.00
$1,500.00
Reclaimed Water System Plan Review
$150.00
$2,600.00
Sewer Collections Systems and Associated Appurtenances (includes extensions)
Gravity Sewer Only, with Manholes
Serving 50 or less Connections
$500.00
NA
Serving 51 to 300 Connections
$1000.00
NA
Serving 301 or more Connections
$1500.00
NA
Force mains Including Gravity Sewer Components
Serving 50 or less Connections
$800.00
NA
Serving 51 to 300 Connections
$1,300.00
NA
Serving 301 or more Connections
$1,800.00
NA
Sewer Lift Station
$600.00
NA
Storage Tank (atmosphere and/or pressurized)
$675.00
NA
Disinfection System
$150.00
$1,500.00
Wastewater Treatment Facility (includes construction inspection)
<100,000 gallons/day
$1,000.00
$10,000
0.1 million gallons/day to 1.0 million gallons/day
$1,500.00
$15,000
>1.0 million gallons/day
$3,000.00
$24,000
Other Construction Plan Review
$150.00
$1,500.00
Non-Hazardous Liquid Waste Transfer Facility
$150.00
$2,600.00
Reclaimed Water Conveyance
$250.00
$3,000.00
Reclaimed Water Booster Station
$675.00
NA
Reclaimed Water Storage Tank (atmosphere and/or pressurized)
$675.00
NA
Ground Water Recharge
$250.00
$4,000.00
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Wastewater Projects Plan Review
Flat or
Initial Fee
Maximum Fee
Reuse Facility
$250.00
$3,000.00
Experimental Project Approval (includes
four (4) quarterly inspections)
$300.00
$5,000.00
MAG 208 Certification
$150.00
$5,000.00
Other Operational Plan – Treatment Facility
$150.00
$1,500.00
Sanitary Facilities for Infrastructure Plan Review
Flat or
Initial Fee
Maximum Fee
Approval of Sanitary Facilities for a Subdivision per 150 lots or less.
$450
NA
Mobile Home Park Facilities per 100 leased spaces or less.
$600.00
NA
Review of on-site wastewater soils and hydrology report per 50 or less proposed lo s (or 40
acres) whichever is the lesser in area.
$525.00
NA
Transfer of Ownership/Subdivision Name Change of Previously Approved Subdivision
$200.00
NA
Water or Wastewater Plan Review Waiver:
$150.00
$1,500.00
Review of entitlement plans submitted to the One Stop Shop process.
The fee specified above applies to reviews of entitlement project submittals to ensure
compliance with Maricopa County Environmental Health Code requirements for
adequate potable water and management of sanitary sewage. This fee applies to
preliminary plats, rezoning actions, comprehensive plan amendments, development
master plans, special use permits and final plats.
$225.00
NA
Review of One Stop Shop process variance applications to ensure compliance with Maricopa
County Environmental Health Code requirements for adequate potable water and
management of sanitary sewage.
$25.00
NA
Review of One Stop Shop process temporary use applications (except special events) to
ensure compliance with the Maricopa County Environmental Health Code
requirements for adequate potable water and management of sanitary sewage.
$25.00
NA
All Other Water and Waste Management Fees
Fee
All Other Plans
Minimum $150.00, Maximum $2,080
Dye Test
$120.00
Observe Percolation Test
$150.00
Domestic Well Location Approval (ADWR Form)
$175.00
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE – CHAPTER I – FEE SCHEDULE
ALL OTHER ENVIRONMENTAL SERVICES CHARGES/FEES
Effective October 19, 2022
All Other Environmental Services Charges/Fees
Fee
Permit Reinstatement Fee
Greater of $50 or 5% of amount due, charged on the
day after permit expiration
Copy of Permit
$5.00
Photocopy
.25¢ per 8½” X 11” Sheet
Plan Reproduction
$6.00 per Sheet
Replacement Mobile Food Permit Plate
$5.00
Records Delivery
Shipping charge of carrier (USPS, FedEx, etc.)
Payment Returned/Declined (e.g. check returned, charge declined, etc.)
$35.00 per occurrence
Transfer Station Fees
Charge/Fee
Household Trash
Charge/Fee
Passenger Car/Station Wagon
$6.00 per Load
Van/Sports Utility Vehicles
$9.00 per Load
Pickup trucks
$12.00 per Load
Trailers
$12.00 per Load
Bagged Trash
$2.00 per Bag
Green Waste Fees
Charge/Fee
Passenger Car/Station Wagon
$4.00 per Load
Van/Sports Utility Vehicles
$6.00 per Load
Pickup trucks
$26.75 per Load
Trailers
$40.00 per Load
Appliances & Large Items
Charge/Fee
Furniture, Sofa/Chairs, Mattress
$8.00 per Item
Appliances
$8.00 per Item
Cathode-Ray Tube containing items (CRTs)
$21.00 per Item
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REGULATION 6.
Rejection of Application – Right to a Hearing
A person who has been denied a permit may within 15 days of notification thereof request a
hearing. The hearing shall be held by the Environmental Health Officer or an Independent Hearing
Officer appointed by the Department to show cause why a permit should be issued.
REGULATION 7.
Suspension and Revocation of Permits
a.
Suspension of Permit:
(1)
When the Department determines that a permit holder has failed to comply
with this Environmental Health Code or that there exists on the permitted
premises an imminent health hazard, the Department may summarily and
immediately suspend the permit without prior notice to the permit holder.
Notice of the Suspension shall be served on the permit holder by personal
delivery or mailed by certified or registered mail, postage prepaid and return
receipt requested, to the permit holder’s last known address.
(2)
Within fifteen days of being served with the Notice of Suspension, the
permit holder may file a motion to vacate the suspension order with the
Department and the Environmental Health Officer shall hear such motion
within five (5) days. An order of summary suspension shall remain in
effect for no more than 25 days. If the violation is not corrected within
the 25 days, the Department may issue another suspension order.
(3)
Upon suspension of the permit, the Department may close the permit
holder’s establishment, premises or vehicle and the Department’s red closed
sign shall be posted on the establishment, premises or vehicle and shall be
clearly visible to the public. The premises shall remain closed and the sign
shall remain in place until the violation is corrected, the order is modified
or vacated by the Department or the permit is revoked. The permit holder
shall maintain the sign in an unobstructed manner in the location where the
sign was posted.
b.
Revocation of Permit:
(1)
The Department may revoke a permit for two or more violations of this
Environmental Health Code, for any violation that threatens the health or
safety of the public, for the nonpayment of a fee or for any interference with
the Department’s performance of its duties, the inspection of an
establishment, premises, or vehicle, or the enforcement of this
Environmental Health Code.
(2)
The Department shall serve written Notice on the permit holder or the
person in charge stating the specific reason(s) for revoking the permit and
that the permit will be revoked twenty (20) days after service of the Notice
unless the permit holder files a written request for a hearing with the
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Department within the twenty (20) day notice period. If a request for a
hearing is timely filed, the Environmental Health Officer or an independent
Hearing Officer appointed by the Department shall hold a hearing as soon
as practicable. After the hearing, the Environmental Health Officer shall
revoke the Notice of Revocation and reinstate the permit, or revoke or
modify the permit.
(3)
Application for a new permit after revocation.
(a)
After a permit is revoked, the former permit holder may submit a
written application to the Department for a new permit and shall
pay all applicable fees.
(b)
The annual fee due date for the new permit shall be determined by
the date the permit is issued by the Department.
(4)
When a permit is revoked, the establishment shall cease to operate and the
Department shall post the Department’s red closed sign on the permit
holder’s establishment, premises or vehicle notifying the public that the
establishment, premises or vehicle is closed. The red closed sign shall be
posted on the establishment, premises, or vehicle and shall be clearly visible
to the public. The premises shall remain closed and the sign shall remain
in place until the Department determines otherwise. The permit holder
shall maintain the closed sign and ensure that it is not tampered with,
concealed, damaged, or otherwise removed without the Department’s
prior written authorization.
REGULATION 8.
Notice to Appear
Peace officers and the Environmental Health Officer, shall have the authority to issue a
Notice to appear under the same conditions and procedures as set for in A.R.S. §§ 13-3903 and
36-183.06 for any violation of this Environmental Health Code.
REGULATION 9.
Service of Notice and Hearings
Unless otherwise provided in this Environmental Health Code, all Notices provided for in
this Environmental Health Code are deemed served and received on the date the Notice is
personally delivered to the permit holder, or on the date it is sent by registered or certified mail,
return receipt requested, to the permit holder’s last known address or to the address shown on the
permit holder’s driver’s license. A copy of the Notice shall be filed in the Department’s records.
a.
A notice of the nonpayment of a fee is deemed served and received on the date it is
sent by regular first class mail, postage prepaid, to the permit holder’s last known
address.
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b.
When a Notice is served on the permit holder, the Department may post the
Department’s yellow public Notice sign at the permit holder’s establishment,
premises or vehicle notifying the public that the establishment, premises or vehicle
may not meet Maricopa County health standards or the permit holder failed to pay
a fee required under this Environmental Health Code. If posted, the yellow public
Notice sign shall be posted on the establishment, premises, or vehicle and shall be
clearly visible to the public. The sign shall remain in place until the violation is
corrected, the fee is paid, the Notice is revoked after a hearing, or removal is
authorized by the Department.
c.
Hearings
(1)
Hearings held pursuant to this Environmental Health Code shall be
conducted in the same manner as hearings are conducted pursuant to A.R.S.
§§ 41-1061 to -1066.
(2)
A Notice of a hearing from the Department to a permit holder shall
include:
(a)
A statement of the time, place and nature of the hearing.
(b)
A statement of the legal authority and jurisdiction under which the
hearing is to be held.
(c)
A reference to the particular sections of the statutes and regulations
involved.
(d)
A short, plain statement of the matters asserted. If the Department
is unable to state the matters in detail at the time the Notice is served,
then the Notice may be limited to a statement of the issues involved.
If the permit holder requests a more definite statement, the
Department shall, if it is able, provide a more definite and detailed
statement to the permit holder prior to the hearing.
REGULATION 10. Severability
Should any section, sentence, clause, phrase, or word of this Environmental Health Code be
declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of said Code
shall not be affected thereby.
REGULATION 11. Violation
a.
Violations of this Environmental Health Code may be redressed by proceedings
pursuant to A.R.S. 36-601.B., 49-142 or 49-143; by injunctive relief in Superior
Court; or by any other applicable remedies provided by law. In addition, persons who
violate a provision of this Environmental Health Code are guilty of a Class 3
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Misdemeanor if the person holds a valid permit or a Class 2 Misdemeanor if the person
does not hold a valid permit under this article as provided in A.R.S. 36-183.03 and
36-191 and may be punished accordingly.
b.
For purposes of determining the number of days of violation for which a civil penalty
may be assessed under this Code, if the Environmental Officer has notified the source
of the violation and makes a Prima Facie showing that the conduct or events giving
rise to the violation are likely to have continued or recurred past the date of Notice,
the days of violations shall be presumed to include the date of such Notice and each
day thereafter until the violator establishes that continuous compliance has been
achieved, except to the extent that the violator can prove by a preponderance of the
evidence that there were intervening days during which no violation occurred or that
the violation was not continuing in nature.
c.
Notice under this section is accomplished by the issuance of a Cease and Desist
Order, Notice of Violation, Permit Revocation, or by filing a complaint in Superior
Court.
REGULATION 12. Cease and Desist; Abatement
When the Environmental Health Officer has reasonable cause to believe from information
furnished to such officer or from investigation made by such officer that any person is maintaining
a nuisance or engaging in any practice contrary to this code, he may forthwith serve upon such
person by certified mail, in person or by designee a Cease and Desist Order requiring the person,
upon receipt of the order to cease and desist from such act. The Department’s red closed sign may
be posted in a conspicuous place on the premises, clearly visible to the public, and will remain in
place until removal is authorized by the Environmental Health Officer. It is the responsibility of
the permit holder to maintain the sign in an unobstructed manner in the location where the sign
was placed by the Environmental Health Officer. Within fifteen days after receipt of the order,
the person to whom the order is directed may request a hearing. The Environmental Health Officer
or his designee, within a reasonable time thereafter, shall hold a hearing, to determine whether the
order is reasonable and just, and the practice engaged in is contrary to this code.
Upon the failure or refusal of a person to comply with the order of the Environmental Health
Officer or if a person to whom the order is directed does not request a hearing and fails or refuses
to comply with the Cease and Desist Order served under the provisions of this section, the
Environmental Health Officer or his designee may file an action in the Maricopa County Superior
Court restraining and enjoining the person from engaging in further acts. The court shall proceed
as in other actions for injunctions.
REGULATION 13. Posting of Notices
The Environmental Health Officer may, for the purpose of notification to the public, post a
warning sign at any premises or establishment describing the nature of legal action being taken against
said premises or establishment under the provisions of the Environmental Health Code.
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This sign will be posted in a conspicuous place on the premises, clearly visible to the public,
and will remain in place until removal is authorized by the Environmental Health Officer. It is the
responsibility of the permit holder and/or owner to maintain the sign in an unobstructed manner in the
original location where the sign was placed by the Environmental Health Officer.
REGULATION 14. Nuisance Abatement Assessment and Lien
a.
After the Department has completed the actions necessary to abate or remove a
nuisance, source of filth or cause of sickness from private property pursuant to
A.R.S. § 36-602(A), the Director may issue an Assessment Statement to the owner
of the property on which the nuisance, source of filth or cause of sickness was
located.
b.
The Assessment Statement shall include the following information:
(1)
A description of the assessed costs incurred by the Department, which may
include the actual costs of the abatement or removal action, incidental costs,
personnel costs, attorney’s fees and costs to obtain and execute an
inspection and Abatement Warrant under A.R.S. § 36-603, and the costs of
any additional inspections.
(2)
Notice that the property owner shall pay the assessed costs within thirty
days after service of the Assessment Statement, or by such other date as
may be specified for payment in the Assessment Statement, unless the
property owner requests an appeal pursuant to the subsection h. below.
(3)
Notice that the property owner may appeal the assessment to the Maricopa
County Board of Health in writing within thirty days after service of the
Assessment Statement.
(4)
Notice that failure to pay the Assessment Statement may result in a lien
being recorded against the property on which the nuisance, source of filth
or cause of sickness was located.
c.
If the property on which the nuisance, source of filth or cause of sickness was
located is not the property owner’s residence or is vacant or unoccupied, the
Assessment Statement shall be served on the property owner by personal delivery,
left at the property owner’s usual place of abode, served in a manner as provided
for service of process under the Arizona Rules of Civil Procedure, or mailed by
certified or registered mail, postage prepaid and return receipt requested, to the
owner’s last known address or to the address shown on the property owner’s
driver’s license.
d.
If the property on which the nuisance, source of filth or cause of sickness was
located is the property owner’s usual place of abode, the Assessment Statement
shall be served on the property owner by personal delivery, left at the property, or
served in a manner as provided for service of process under the Arizona Rules of
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Civil Procedure, or mailed by certified or registered mail, postage prepaid and
return receipt requested, to the property.
e.
If the Assessment Statement is served by being left at the property or at the property
owner’s usual place of abode, it may be left in any manner reasonably calculated to
provide actual Notice to the property owner, including a door hanger, being taped to
the front door, being placed in a mail slot or mailbox, and being placed under a
doormat.
f.
Service of the Assessment Statement is effective and the time for the property
owner to file an appeal commences on the date it is delivered to the property owner,
left at the property or at the property owner’s usual place of abode, or mailed by
certified or registered mail as provided in subsections c. and d. above.
g.
On the date the Assessment Statement is served on the property owner, or as soon
thereafter as is practicable, the Department shall record a copy of the Assessment
Statement in the office of the Maricopa County Recorder as constructive notice to
all current and future lien holders of the property. The Assessment Statement shall
clearly state that it is being recorded as a Notice and not as a lien. All persons who
perfect a lien on the property and all persons who acquire title to the property after
the Assessment Statement is recorded shall be subject to the Department’s
assessment claim against the property.
h.
The property owner may appeal the Assessment Statement by filing a written
request for a hearing to the Maricopa County Board of Health within thirty days
after service of the Assessment Statement. A copy of the request for a hearing
shall be delivered or mailed by certified or registered mail, postage prepaid and
return receipt requested, to the Department. The request shall state the specific
grounds for the appeal.
(1)
After a hearing, the Board of Health may uphold, modify or revoke the
Assessment Statement and shall sign a written order of its decision. The
Department shall prepare a form of order for the Board of Health to sign.
(2)
If the Board of Health upholds or modifies the Assessment Statement, the
assessed costs shall be paid within thirty days of the Board of Health’s
decision, or by such other date as may be specified for payment by the Board
of Health.
i.
If the property owner fails to pay the assessed costs before the time for payment
expires, the Department may record a Notice and Claim of Assessment Lien against
the property on which the nuisance, source of filth, or cause of sickness was abated
or removed. The Notice and Claim of Assessment Lien, from the date it is
recorded in the Office of the Maricopa County Recorder, is a lien on the property
until it is paid in full. The Notice and Claim of Assessment Lien relates back
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to and its priority is determined as of the date the Assessment Statement was
recorded on the property as a Notice as provided in subsection g. above.
j.
A Notice and Claim of Assessment Lien under this regulation is prior and superior
to all other liens, obligations, Deeds of Trust, and other encumbrances on the
property, except liens for general taxes and prior recorded mortgages.
k.
The Department may bring an action to enforce the Assessment Lien in the Superior
Court in the county in which the property is located at any time after the Assessment
Statement is recorded. The failure to enforce the Assessment Lien by bringing an
action does not affect the lien’s validity. The recorded assessment is Prima Facie
evidence of the truth of all matters recited in the Assessment Statement and of the
regularity of all proceedings before recording the Assessment Statement.
l.
A prior assessment is not a bar to a subsequent assessment or assessments for and
any number of Assessment Liens on the same property may be enforced in the same
action.
m.
A recorded Assessment Statement does not limit, restrict or otherwise affect the
authority of the Department to undertake any additional enforcement action that is
authorized by law, including applicable ordinances or regulations.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 1
GENERAL
REGULATION 1.
Definitions
a.
"Ashes" means any residue other than salvage from the burning of any combustible
material.
b.
"Certified water quality management plan" means a plan prepared by the designated water
quality management planning agency pursuant to Section 208 of the Federal Water
Pollution Control Act (P.L. 92-500) as amended by the Clean Water Act of 1977 (P.L. 92-
217), adopted by the Water Quality Control Council, and certified by the Governor.
c.
"Composting" means the biochemical degradation of organic materials to a stable, sanitary,
nuisance-free, humus-like material.
d.
"Designated management agency" means those entities designated in the certified water
quality management plans to manage sewerage systems and sewage treatment works in
respective areas.
e.
"Disposal system" or "sewage works" means any system for the disposal of sewage and
other wastes, either by surface or underground methods, including, but not limited to,
individual sewage disposal systems, waste treatment works, privies, chemical toilets,
incinerator toilets or privies, and public or franchised sewerage systems and wastewater
reclamation systems.
f.
"Effluent" means wastewater that has completed its passage through a wastewater
treatment plant.
g.
"Engineer" means the person or firm which designed the sewage works and conceived,
developed, executed, or supervised the preparation of the plan documents.
h.
"Facility plan" means the plans, specifications, and estimates for proposed sewerage
systems and sewage treatment works prepared pursuant to Sections 201 and 203 of the
Federal Water Pollution Control Act (P.L. 92-500) as amended by the Clean Water Act of
1977 (P.L. 92-217), and submitted to the Department by and for a designated management
agency.
i.
"Garbage" means swill and any accumulation of animal, vegetable and other matter that
attends the preparation, handling, consumption, storage or decay of plant and animal
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matter including meats, fish, fowl, birds, fruit, vegetable or dairy products and the waste
wrappers or containers thereof.
j.
"General plan" means a plan prepared by a responsible government entity.
k.
"Hazardous waste" means any waste so defined by the provisions of A.A.C. Title 18,
Chapter 8, Article 2.
l.
"Human excreta" means human fecal and urinary discharges and includes any waste
containing such material.
m.
Industrial waste" means the liquid, gaseous, or solid wastes or combinations produced
thereof as a result of any industrial operation.
n.
"Manure" shall mean animal excreta, including cleanings from barns, stables, corrals, pens,
or conveyances used for stabling, transporting, or penning of animals or fowl.
o.
"Plan documents" means reports, proposals, preliminary plans, survey and basis of design
data, general and detail construction plans, profiles, specifications, and all other
information pertaining to sewage works planning.
p.
"Pollution" means such contamination, or other alteration of the physical, chemical, or
biological properties of any waters of the County, including change in temperature, taste,
color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid,
radioactive, or other substance into any waters of the County which will or is likely to
create a public nuisance or render such waters harmful, detrimental, or injurious to public
health, safety, or welfare, or to domestic, agricultural, commercial, industrial, recreational,
or other beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
q.
"Public sewer" means a sewer, located in a road, street, alley, easement, or right-of-way,
used to convey sewage to community treatment and disposal facilities.
r.
"Refuse" shall mean all putrescible and nonputrescible solid and semisolid wastes,
including garbage, rubbish, ashes, manure, street cleanings, dead animals, abandoned
automobiles, and industrial wastes, but not human excreta or sewage.
s.
"Rubbish" means nonputrescible solid wastes excluding ashes, consisting of both
combustible and noncombustible wastes, such as paper, cardboard, waste metal, tin cans,
yard clippings, wood, glass, bedding, crockery, and similar materials.
t.
"Service Area" means that geographic region specified for a designated management
agency by the applicable certified water quality management plan or by a subsequent
facility plan.
u.
"Sewage" means the wastes from toilets, baths, sinks, lavatories, laundries, and other
plumbing fixtures in residences, institutions, public and business buildings, mobile homes,
watercraft, and other places of human habitation, employment or recreation.
R-9-15-2010
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v.
"Sewerage system" means the pipeline or conduits, pumping stations, force mains,
and all other structures, devices, appurtenances, and facilities used for collecting,
or conducting wastes to a point of treatment and disposal.
w.
A "dump" shall mean a place where refuse is disposed of on or in the ground in a
manner other than that described in these regulations for a sanitary landfill.
x.
"Treatment works" shall mean any treatment plant, disposal system, lagoon, or
other works used for the purpose of treating, stabilizing, holding, or disposing of
sewage or industrial wastes.
y.
x. "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid,
radioactive, or other substances which may pollute or tend to pollute any waters of
the County. The term "wastes" does not include agricultural irrigation and drainage
waters, for which water quality standards shall have been established by the state.
z.
y. "Wastewater" means sewage, and waterborne industrial wastes.
aa.
z. "Wastewater Reclamation or Reuse System" means the wastewater treatment
works and the entire Reuse/Reclamation and Distribution System for the use of
reclaimed wastewater.
bb.
aa. "Waters of the County" means all waters within the jurisdiction of this County
including all streams, perennial or intermittent, lakes, ponds, impounding reservoirs,
marshes, watercourses, waterways, wells, springs, irrigation systems, drainage
systems, and all other bodies or accumulation of water, surface and underground,
natural or artificial, public or private, situated wholly or partly within or bordering
upon the County.
cc.
bb. “Nonhazardous Liquid Waste” means human excreta and liquid or semi-solid
wastes that include, but are not limited to, sludges, septic wastes, grease trap
wastes, grit traps waste, wastewaters and other liquid wastes that do not contain
hazardous wastes.
dd.
cc. “Nonhazardous Liquid Waste Transfer Facility” means a facility or any site
owned, operated or utilized by any person where nonhazardous liquid waste is
removed from containment and/or processed for the purpose of subsequent
transfer or disposal of the waste.
REGULATION 2. General Provisions
a.
All sewage, refuse, human excreta, and other wastes shall be kept, transported,
treated, disposed of, or reclaimed by a method or methods which are in compliance
with these regulations, and at sites which are approved by the Department.
(1)
The owner, agent or occupant responsible for the sanitary condition of any
place, premises, business establishment or industry shall handle, store and
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dispose of all refuse accumulated there by approved methods; and any
person handling, storing, transporting or disposing of garbage and rubbish
or refuse shall do so in such a manner and by such means that it shall not be
prejudicial to life or health for any reason including, but not limited to, the
breeding of insects or harboring of rodents or the pollution of water. All
hazardous waste shall, where necessary, be rendered harmless prior to
collection and disposal.
b.
Sewage, reclaimed wastewater, refuse, human excreta, or other wastes shall not be
placed or deposited into any waters of the County or upon or under any land within
the County, except as approved by the Department and in accordance with the
provisions of the Arizona Administrative Code, Title 18, Chapter 9, Section C305
including all revisions, technical corrections, and supplements published as of
November 12, 2005.
c.
The owner of each device, method, or system used for the storage, collection,
transportation and disposal of any waste material shall be responsible for the proper
construction, maintenance, and operation of the facilities.
d.
The design and location of any system of wastes storage, collection, transportation,
or disposal shall take into consideration proximity to wells or other sources of water
supply, topography, water table, soil characteristics, available area, etc., and shall
provide for adequate handling, treatment and disposal facilities for the amount and
nature of waste material anticipated.
e.
No new refuse disposal site shall be established or operated, or any method for the
disposal of refuse employed without approval and such approval shall be obtained
prior to the start of operation.
f.
No new open refuse dump, dumpsite or dumping area shall be started or maintained,
nor shall any such refuse disposal operation be reinstituted after having once been
discontinued.
g.
No person shall install, permit to be installed, or maintain a cross connection,
submerged inlet or similar connection between any part of a waste disposal or
wastewater reclamation system and a potable water supply, in such manner that
sewage, waste, or reclaimed wastewater may enter into or otherwise contaminate,
the potable water supply.
h.
Minimum design guidelines for sewage systems, including septic tank systems, and
treatment works are found in the engineering bulletins of the Department, and
Arizona Departments of Health Services and Environmental Quality.
i.
No privy contents, drainage from a building, or the effluent from any waste
treatment device shall be discharged into any well, either abandoned, or constructed
for that purpose, that is carried to such a depth as to penetrate water bearing strata.
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j.
No privy contents, drainage from a building, or the effluent from any waste
treatment device shall be discharged into any crevice, sinkhole, or other opening,
either natural or artificial, or in a rock formation which will or may permit the
pollution or contamination of ground water.
k.
No boat, houseboat, or watercraft of any type, shall be equipped with a marine toilet
so constructed and operated as to discharge any sewage directly or indirectly into
the waters of the County, nor shall any container of sewage be placed, left,
discharged, or caused to be placed, left, or discharged in or near any waters of the
County by any person at any time.
l.
Watercraft with marine toilets so constructed as to permit sewage to be discharged
directly into the waters of the County shall be locked and sealed to prevent usage.
Chemical or other type marine toilets with approved type storage containers shall
be permitted where adequate, dockside disposal facilities are provided.
m.
Dockside Facilities
(1)
Every dock servicing watercraft shall have, conveniently located thereto,
approved type toilet facilities for men and for women.
(2)
Every dock servicing watercraft equipped with toilets shall provide
approved sanitary facilities at dockside for the disposal of sewage from
watercraft toilets.
n.
The Environmental Health Officer shall be permitted to make and he shall make
such inspections of any place, premises, container, process, equipment or vehicle
used for the collection, storage, transportation, treatment, disposal or reclamation
of sewage, industrial wastes or refuse as are necessary to insure compliance with
these regulations.
o.
Discontinued facilities.
(1)
Every cesspool, septic tank and seepage pit and waste treatment works
which has been abandoned or has been discontinued otherwise from further
use or to which no waste or soil pipe from a plumbing fixture is connected,
shall have the sewage removed there from and be completely filled with the
earth, sand, gravel, concrete or other approved material.
(2)
The top cover or arch over the cesspool, septic tank, or seepage pit or waste
treatment works shall be removed before filling and the cesspool, septic
tank or seepage pit shall be filled to the level of the top of the ground.
(3)
No person owning or controlling any cesspool, septic tank, or seepage pit
on the premises of such person or in that portion of any public street, alley
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or other public property abutting such premises, shall fail, refuse or neglect
to comply with the provisions of this Section or upon receipt of notice so to
comply from the department having jurisdiction.
(4)
Where disposal facilities are abandoned consequent to connecting any
premises with the public sewer, the permittee making the connection shall
fill all abandoned facilities as required by the administrative authority
within thirty (30) days from the time of connecting to the public sewer.
(5)
Earth Pit Privies. Whenever any earth pit privy is discontinued, the pit shall
be filled in and covered as outlined in Engineering Bulletin Number 2.
(6)
Other facilities. Whenever any other type of privy, chemical toilet, method
or system for storage or disposal of human excreta is discontinued, all
excreta remaining shall be collected and disposed of in accordance with this
article. All boxes, cans, and other receptacles from any discontinued privy,
chemical toilet, method or system shall be disposed of in a manner that does
not endanger the public health or create a nuisance.
REGULATION 3.
Enforcement
Any person who violates any provision of this chapter is subject to the penalties provided by
law.
REGULATION 4.
Permit Required
No waste treatment works or wastewater reclamation system shall be operated or maintained
in Maricopa County without a permit in force by the Department.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 2
SEWAGE AND WASTE TREATMENT WORKS
REGULATION 1.
Approval to Construct
a.
No person may begin construction of any Sewerage system, septic tank system,
treatment works, Nonhazardous Liquid Waste Transfer Facility, reclamation
system, or extensions of works or systems, or make any change that affects capacity,
quality, flow, or location or operational performance of a system, and no person may
install any process, device, or equipment, either in whole or in part, prior to
receiving an "Approval to Construct" document from the Department. Application
for an "Approval to Construct" shall be submitted to the Department at least 30 days
prior to the date upon which Department approval is desired. For septic tank
systems, the application shall be submitted at least 5 working days prior to the date
upon which Department approval is desired.
b.
All applicable fees must accompany the application.
c.
All applications except those for septic tank systems shall be accompanied by the
following plan documents in duplicate:
(1)
Prints or drawings of the work to be done. Sufficient detail shall be shown
on the drawings to make clear to the Department the scope of the work.
(2)
Complete specifications to supplement the drawings.
(3)
Additional data as may be required by the Department.
d.
The plan documents shall be accompanied by an engineering report, prepared by the
design or consulting engineer which presents a description of the project together
with all pertinent data upon which the design is based and other information
necessary to permit a clear and full understanding of the work proposed to be
undertaken.
e.
All plan documents submitted to the Department, except septic systems less than
2,000 gallons per day, must have been prepared by, or under the supervision of a
currently registered Arizona professional engineer. The engineer shall affix his
signature and Arizona seal of registration to all plans submitted for approval and
shall certify in writing that the plan documents comply with these regulations and in
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principle with the criteria contained in the Engineering Bulletins. A non-registrant
may design a wastewater treatment plant, or extensions, additions, modifications or
revisions, or extensions to collection systems, if the total cost value of such
construction does not exceed twelve thousand five hundred dollars, as cost estimate
for material and labor shall be submitted with plan documents.
f.
Plans and specifications submitted to the Department will be reviewed and, if found
satisfactory, the Department will issue an "Approval to Construct". If construction
has not substantially started within one year after the date of issuance of the
"Approval to Construct", or if there is a halt in construction of more than one year,
or if construction is not completed within three two years after the date of issuance,
the "Approval to Construct" will be void, unless an extension of time has been
granted in writing by the Department.
g.
All work shall conform to the approved plans and specifications. Should it be
necessary or desirable to make any change in the design that will affect the capacity
or sanitary features of the proposed work, revised plans and specifications, together
with a written statement of the reasons for such change, shall be submitted to the
Department for review, and approval shall be obtained in writing before the work
affected by the change is undertaken. Structural changes, maintenance repairs, or
minor revisions not affecting capacity, quality, flow, location, or operation are
allowed during construction without further approval.
A set of "as-built" drawings showing all changes made during construction shall
be filed with the Department upon completion of the project as part of the
required Approval of Construction package.
h.
A sewage system owner shall notify the Department of the date when construction
will begin on the sewage system, or of any change made which will affect capacity,
quality, flow or operational performance of a sewage system, authorized by an
"Approval to Construct", and of the date when installation of any process, device, or
equipment authorized by an "Approval to Construct" will begin. Notification of
completion of construction shall be given to the Department at least ten working
days prior to the expected completion date to permit the scheduling of a final
inspection. For a septic tank system, the notification shall be given at least five
working days prior to the expected completion date.
i.
The Department shall not issue approval for any sewerage system or waste and/or
sewage treatment works which is not in conformance with the certified water quality
management plan and facility plan that prescribes a particular sewerage system and
waste and/or sewage treatment work configuration for sewage management by a
designated management agency within a service area. If no facility plan is
applicable, the certified water quality management plan shall be utilized by the
Department to determine conformance.
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j.
The Department may issue an approval for a sewerage system or waste and/or
sewage treatment works which is consistent with general plans prepared for an area
when no sewerage system and waste and/or sewage treatment works configuration is
prescribed in the certified water quality management plan. The Department shall
confer with both the designated water quality planning agency for the area and the
responsible and impacted governmental units to determine consistency with the
general plans.
REGULATION 2.
Final Approval of Construction
a.
The Department must have approved construction prior to initial operation of any
system approved for construction under Regulation 1 of this Section, except septic
tank systems as specified in this regulation, or if interim Approval has been issued
by the Department.
b.
The following requirements shall be satisfactorily met before an approval of
construction will be issued by the Department on a newly constructed, altered, or
expanded sewerage system or waste and/or sewage treatment works, including
wastewater reclamation systems, but excluding septic tank systems.
(1)
A final inspection has been completed:
(a)
By the Department; or
(b)
With the approval of the Department, by a Registered Engineer; or
(c)
With the Approval of the Department, by a registered landscape
architect for reclaimed water distribution systems.
(2)
An Operator, certified by the State of Arizona pursuant to A.A.C. R18-5-
105, is employed to operate the Sewerage system or waste and/or Sewage
Treatment Works pursuant to the General Requirements in A.A.C. R18-5-
104 and in compliance with Chapter II, Section 9 of this Code.
(3)
An Operation and Maintenance manual is submitted to and approved by
the Department for newly constructed, altered, or expanded Sewerage
Systems (except municipal collection systems) or waste and/or Sewage
Treatment Works, including Wastewater Reclamation Systems, new
sewage treatment systems, or substantial modifications thereto.
4)
Construction generally conforms to the plans and specifications approved by
the Department. A set of as-built drawings showing all changes made
during construction shall be filed with the Department.
c.
Approval of septic tank systems is regulated under Section 8 of this Chapter.
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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. 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.
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REGULATION 4 3. Separation of Water, Reclaimed Wastewater and Sewer Lines
a.
In order to protect potable water systems from possible contamination, a sewer or
reclaimed wastewater line shall not:
(1)
Be installed within six feet of either side of a water line and shall not be
above, at the same level as, or less than two feet below the bottom of the
water line, unless extra protection is provided. Extra protection shall consist
of constructing the sewer line with mechanical joint ductile iron pipe or with
slip-joint ductile iron pipe if joint restraint is provided or shall consist of
encasing both the water and sewer lines in at least six inches of concrete.
(2)
Under any circumstances, infringe upon an area which is within two feet of
either side of or two feet above the water line.
b.
When unusual conditions, such as highway or bridge crossings, prevent a water
line from being separated from sewer or reclaimed wastewater lines as required
by subsection a above, the Department shall review and may approve requests for
authorization to use alternate construction techniques, materials, and joints on a
case-by-case basis. Requests for Approval of alternate construction techniques,
materials, and joints shall be made in compliance with A.A.C. R18-9-A312.G.
c.
No water line shall pass through, or come into contact with any part of a sewer
manhole. The minimum horizontal separation between water lines and sewer
manholes shall be six feet, measured from the center of the manhole.
d.
The minimum separation between force mains or pressure sewers and water lines
shall be two feet vertically and six feet horizontally under all conditions. Where a
sewer force main crosses above, or less than six feet below, a water line, the sewer
line shall be encased in at least six inches of concrete for 10 feet on either side of the
water line.
e.
Sewer lines (gravity, pressure, force) shall be kept a minimum of 50 feet from
drinking water wells, unless the following conditions are met:
(l)
Gravity sewers, pressure tested in place to 50 psi without excessive leakage,
may be used at distances greater than 20 feet from drinking water wells.
(2)
Sewage force mains and pressure sewers, pressure tested in place to 150 psi
without excessive leakage, may be used at distances greater than 20 feet
from drinking water wells.
f.
No septic tank/disposal field system shall be constructed within 100 feet of a
drinking water well.
g.
All distances are measured horizontally from the outside of the pipelines.
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h.
Pipelines conveying a higher quality of water shall be located above pipelines
conveying a lower quality of water. That is, potable water lines shall be installed
above non-potable sewer lines, which shall be installed above reclaimed wastewater
lines and reclaimed wastewater lines shall be installed above sewer lines. The
decreasing quality order of pipeline is: potable water lines, non-potable water lines,
reclaimed water lines, and sewer lines.
i.
For the purpose of establishing separation when reclaimed wastewater lines are
installed adjacent to potable water lines, the reclaimed wastewater system shall be
considered a sewer.
j.
For the purpose of establishing separation when reclaimed wastewater lines are
installed adjacent to sewer lines, the reclaimed wastewater system shall be
considered potable water.
k.
Horizontal and vertical separations between potable water, non-potable water,
reclaimed wastewater lines and sewer shall be in strict accordance with Engineering
Bulletin No. 10 and this regulation.
l.
These separation requirements do not apply to building plumbing or individual
house service connections. These shall conform to the current Uniform Plumbing
Code and/or Maricopa Association of Governments (MAG) Standards.
REGULATION 5. 4.
Minimum Requirements for Sewerage Systems
a.
Sewerage Systems serving condominiums, mobile home parks, travel trailer
parks, shopping centers, and recreational vehicle parks shall be designed in
compliance with the Arizona Administrative Code, Title 18, Chapter 9.
b.
For systems that treat, or which are designed to treat greater than 10,000 gallons/day,
a standby power source shall be provided at all sewage treatment systems and/or
pump stations where a temporary power failure may allow a discharge of raw or
partially treated sewage. Standby power may be via a standby generator, separate
feeders from separate substations, a loop feeder on separate transformers from a
common substation, or a high-level alarm with portable generators. Standby power
also shall be provided to any sewage treatment systems and/or pump stations,
regardless of size, if a temporary power failure may allow a discharge into surface
waters classified as "Unique Waters", by the Arizona Department of Environmental
Quality.
c.
b. The structures and electrical and mechanical equipment of sewage treatment systems
and pump stations shall be protected from physical damage from a 100-year flood, if
the plans for such were submitted for approval after the effective date of this
Regulation. Flood protection shall be designed such that treatment works and pump
stations will remain fully operational during a 25-year flood. Walls or berms of
adequate size may be constructed where necessary to provide protection. Flood
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protection approval must be obtained from the appropriate Flood Control District
before an approval to construct will be issued.
d. All treatment works with greater than 100,000 gallons/day capacity shall be provided
with the necessary equipment to indicate record and totalize the volume of
wastewater being treated. Treatment plants with less than 100,000 gallons/day
capacity are required to indicate flow.
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MARICOPA COUNTY HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 3
REFUSE STORAGE
(NOTE: For manure and droppings, see Chapter XI)
REGULATION l.
Storage of Refuse - General
Refuse shall be kept and stored so that it may not be readily scattered or become
windblown, and where practicable, in durable containers. The owner, agent or occupant of every
dwelling, business establishment, or other premise where refuse accumulates shall provide a
sufficient number of suitable and approved containers for receiving and storing refuse and shall
keep all refuse therein except as otherwise provided by this chapter.
REGULATION 2.
Garbage Storage
a.
Garbage and other putrescible material shall be stored:
(1)
In rigid or semirigid, durable, liquid-tight containers constructed of metal or other
easily cleaned material, provided with fly-tight covers which shall be removed only
at times of filling, emptying, or cleaning. Soggy or wet garbage shall be wrapped or
otherwise deposited in a condition which facilitates complete emptying of
containers and prevents leakage of liquids. Containers shall be equipped with
handles or bails which assist in lifting by the collecting agency for the purpose of
removal and disposal of contents. Each container used at residences shall not exceed
thirty gallon capacity excepting that where collection is made with mechanical
lifters, appropriately larger containers may be permitted; or
(2)
In containers of durable, pliable plastic, treated paper or similar materials of water-
proof construction, approved by the Health Officer and kept closed by means which
render the container liquid and fly-tight.
REGULATION 3.
Condition of Containers
Containers shall be kept upon a well-drained base, and elevated from the ground
where required. Containers intended for reuse shall be cleaned and freed of adhering materials after
being emptied; and when in the opinion of the Health Officer are no longer fit for use, shall be
replaced by the owner.
NS (HD 1035)
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 4
REFUSE DISPOSAL
REGULATION 1.
General Considerations
a.
No garbage, rubbish, refuse or wastes, including oil and petroleum-based materials, may be
placed or deposited on any alley, street, road, roadside, in any ditch, river, stream, lake,
pond, canal, or on the banks thereof; or in any gulch, ravine, excavation or other place where
it may be or may become a nuisance. This regulation shall not be construed to interfere with
the approved placement of garbage, rubbish or refuse for collection purposes.
(1)
The owner of real property on which solid wastes are located is responsible for
complying with the provisions of this chapter even if the solid waste was placed on
the property without the owner’s knowledge or consent.
b.
The disposal of large dead animals shall be by burial, cremation or rendering in an approved
manner, or by other approved method.
c.
The disposal of garbage by hog feeding is prohibited unless all refuse, rubbish and garbage
associated with this method of disposal is stored, collected, transported and disposed of in
compliance with the regulations in this Environmental Health Code. All remaining refuse,
Rubbish and Garbage, including non-edible garbage, shall be collected and disposed of
separately by methods approved by the Department.
d.
Garbage Grinding: This method, involving the separate collection and disposal of garbage
into a community sewerage system through commercial-type grinders, or mandatory
community-wide installation of individual household grinders, will be acceptable to the
Department provided that suitable means shall be provided for the disposal of all remaining
refuse.
e.
“Construction and Demolition Landfill” means a solid waste landfill that only accepts
construction debris or demolition debris.
f.
All refuse shall be disposed of by method or methods included in this Code, and shall
include rodent, insect and nuisance control at the place or places of disposal. Approval must
be obtained from the Arizona Department of Environmental Quality for all new disposal
sites and changes in method of disposal prior to use.
g.
“Construction Debris” means solid wastes derived from the construction, repair or
remodeling of buildings or other structures.
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h.
“Demolition Debris” means solid wastes derived from the demolition of buildings or other
structures.
REGULATION 2. Incineration
a.
No person may dispose of refuse by incineration excepting in compliance with the
regulations of this Environmental Health Code, applicable state law, and Maricopa County
Air Pollution Control Regulations.
b.
Incineration: Where incineration is to be employed, the plans and specifications, along
with any other information necessary to evaluate the project, shall be submitted to the
Arizona Department of Environmental Quality and approval received prior to construction.
In addition, an approved method for the disposal of non-combustible refuse is required.
Where incineration is proposed, the following items shall be provided:
(1)
The capacity of the incinerator shall be sufficient for the maximum production of
refuse expected.
(2)
Non-combustible refuse shall be disposed by methods approved by the Department.
(3)
Skilled personnel to assure the proper operation and maintenance of the facilities in
a nuisance-free manner.
REGULATION 3. Reclamation
a.
No person shall operate an establishment for the purpose of composting, processing or
reclaiming refuse without a valid permit therefor.
b.
Plans, specifications, and other information pertinent to the project shall be submitted to the
Arizona Department of Environmental Quality for review and approval prior to the start of
the project and no construction work shall commence until such approval has been obtained
c.
c.
That provisions are made for the proper disposal of all refuse not considered usable
for composting.
d.
d.
Skilled personnel shall be provided to assure the proper disposal of all refuse not
considered usable for composting.
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REGULATION 4.
Sanitary Landfill
a.
Disposal of refuse on the ground shall be by the sanitary landfill method.
b.
No person shall conduct, operate or maintain a sanitary landfill without a permit therefore or
otherwise than in compliance with the regulations of this Code and of the Arizona Department of
Environmental Quality.
c.
Permit applications shall be made on forms supplied by the Arizona Department of Environmental
Quality and shall be accompanied by plans showing the location, proposed extent and the type of
landfill planned, local topography and land use, proposed final elevations and contours, access roads,
depth to groundwater, proximity to surface water and drainage courses, and any additional
information required by the Arizona Department of Environmental Quality to make clear the nature
and scope of the work contemplated. The permittee shall:
(1)
Provide for a sure and adequate access road to the site.
(2)
Provide a semi-permanent, all-weather road on the site marked with appropriate directional
signs, and where required, a vehicle turnaround to facilitate the orderly movement of
vehicles and disposal of refuse.
(3)
Take all necessary measures, including the erection of physical barriers, to prevent refuse
from being windblown.
(4)
As needed, clear trees, prevent intrusion by surface waters, and provide an adequate supply
of cover material.
(5)
Take all reasonable measures necessary to:
(a)
prevent or eliminate the breeding or harborage of flies, mosquitoes, other insects,
rodents or vermin, of public health importance;
(b)
prevent and control fires or pollution of the air by dust, smoke, fumes, odor or from
other causes;
(c)
prevent the pollution of surface or groundwaters;
(d)
prevent or eliminate any public health nuisance on the premises;
(e)
provide and maintain effective supervision of the landfill and its operation. Such
supervision shall extend over the physical limits of the project, including access
roads.
d.
The working face of the fill shall be kept as narrow as is consistent with proper containment of
refuse, the operation of vehicles and equipment and to minimize the area of unprocessed, exposed
waste material.
e.
Waste materials may be ground and shall be mechanically compacted after depositing and before
covering.
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f.
The exposed working surface shall be covered with clean earth as promptly as necessary for nuisance
and fire control. At the close of each day's operations, both the surface and side slopes of the fill shall
be completely covered to a depth of at least 6 inches.
g.
Bulky materials, such as building rubble and tree stumps shall not be used for final surfaces or side
slopes.
h.
The final cover for surface and side slopes shall be maintained at a minimum depth of 24 inches.
i.
Sufficient standby equipment shall be provided to prevent delay in compacting and covering due to
emergencies, peak loads, or for other reasons.
j.
Where a finished fill has a boundary side slope, the toe of the slope shall terminate in a filled ditch or
other structure, designed to prevent raveling of the toe and slope.
k.
Except for cases in which permission of the Bureau of Air Pollution Control is granted, all burning is
prohibited.
l.
After the active period of filling operations is completed, a maintenance program shall be continued
so as to insure prompt repair of cracks, depressions, surface and side slope erosion until the fill has
become stabilized.
m.
The operator of the landfill shall be responsible for compliance with these regulations by scavengers
and for their supervision.
n.
The disposal of human excreta from septic tanks, cesspools, job toilets, and similar sources, and of
dangerous or objectionable wastes, such as solvents, pesticides or other poisons and their container
shall be conducted only with the special approval of the Department and only in an approved
manner.
o.
A variance from the daily compaction and covering requirements may be granted for sites serving
less than 2,000 people by the Department of Environmental Quality upon submission of an
acceptable plan approved by the Maricopa County Health Department demonstrating that no public
health hazards or nuisance will exist. The variance will allow for compaction and cover every two
weeks at sites serving less than 500 people, weekly compaction and cover for sites serving from 500
to l,000 people; and twice weekly compaction and cover for sites serving from 1,000 to 2,000 people.
The variance may be revoked whenever the Department of Environmental Quality determines that
the circumstances warranting the variance no longer exists.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 5
NON-HAZARDOUS SOLID WASTE COLLECTION AND DISPOSAL SERVICES
REGULATION 1.
Permits
a.
Non-Hazardous Solid Waste” means any garbage, trash, rubbish, industrial wastes,
refuse, or other discarded material that does not contain hazardous wastes or is not
classified as being exempt for the definition of solid waste pursuant to the Arizona
Revised Statutes.
b.
No person shall collect, haul, remove or dispose of non-hazardous solid waste as a
function or service of their business/organization without a valid permit to do so.
c.
All vehicles used for the storage, collection, transportation or disposal of non-
hazardous solid waste as a function or service of their business/organization must
have a valid permit to do so.
REGULATION 2.
Vehicles
a.
Vehicles used for the collection and transportation of refuse shall have securely
covered watertight metal bodies of easily cleanable construction, shall be cleaned
frequently enough to prevent their becoming a public health nuisance, and shall be
maintained in good repair. Refuse storage compartments therein shall not be open or
exposed excepting during filling, emptying and cleaning.
b.
Vehicles shall be loaded and moved in such a manner that the contents are not exposed
and do not fall, leak, spill or escape; and where spillage does occur, it shall be picked
up immediately by the permittee and removed in a sanitary manner.
c.
Each vehicle operated under permit shall have the permit number clearly inscribed on
the side door panels and rear face thereof in 3-inch letters or numerals or both.
REGULATION 3.
Refuse Containers
All refuse storage containers made available by a permittee under this section for
public use other than those provided by a municipality shall be plainly and durably marked
with the permittee's name and telephone number. Containers shall be of sufficient size and
number to accommodate the service area, shall be emptied completely during the collection
operation and where required, treated to prevent insect harborage or odor nuisance.
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REGULATION 4.
Frequency of Collection: Variance
a.
The collection of garbage, refuse, rubbish, and ashes shall be in accordance with
regulation of the collection agency except that the frequency of collection shall not be
less than once per week.
b.
A variance from the required frequency of collection in subsection (a) may be granted
by the Department to allow for collection less than once weekly. The variance may
be granted by the Environmental Health Officer upon submission of an acceptable
collection frequency variance plan by the collection agency, submitted to the Department
demonstrating that no public health hazards or nuisances will exist and that fly
breeding will be controlled by either biological, chemical or mechanical means. All
garbage collection frequency variance plans shall provide for random inspections by
the Department of at least 1% of all garbage collection. All collection frequency
variance plans shall be updated and provided to the Department every two years for
review.
c.
Variance requests pursuant to paragraph b. of this regulation shall be submitted to the
Department on application forms provided by the Department. An application shall
not be complete until the applicant has paid the variance fee listed in Chapter I of
this Environmental Health Code.
d.
A person requesting a variance, pursuant to paragraph b. of this regulation, shall give
notice of the requested variance to each property where refuse collection is proposed
to be affected. Notices shall describe the requested variance and each notice shall be
mailed or left at the residence or place of business of each property prior to the start
of variance collection frequency reduction.
e.
The standard collection service set forth in this chapter prescribes a minimum level
of service and does not preclude a waste collector from providing a higher level of
service.
f.
The variance may be revoked upon determination by the Environmental Health
Officer that a public health hazard or nuisance exists or the circumstances warranting
the variance no longer exist.
REGULATION 5.
Place of Collection
a.
All refuse shall be properly placed on the premises for convenient collection as
designated by the collection agency.
b.
Where alleys are provided, collection shall be made on the alley side of the
premises wherever feasible.
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REGULATION 6.
Collection Required
a.
Where refuse collection service is available the following refuse shall be required to
be collected: garbage, ashes, rubbish, and small dead animals which do not exceed 75
pounds in weight.
b.
The following refuse is not considered acceptable for collection but may be collected
at the discretion of the collection agency where special facilities or equipment
required for the collection and disposal of such wastes are provided:
(l)
Dangerous materials or hazardous substances, such as poisons, acids,
caustics, infected materials, radioactive materials, and explosives.
(2)
Materials resulting from the repair, excavation, or construction of buildings and
structures.
(3)
Solid wastes resulting from industrial processes.
(4)
Large animals exceeding 75 pounds in weight, condemned animals,
animals from a slaughterhouse, or other animals normally considered
industrial waste.
(5)
Manure.
REGULATION 7.
Notices
a.
All collection agencies shall provide each householder, or business establishment
served, with a copy of the requirements governing the storage and collection of refuse,
which shall cover at least the following items:
(1)
Definitions.
(2)
Places to be served.
(3)
Places not to be served.
(4)
Scheduled day or days of collection.
(5)
Materials acceptable for collection.
(6)
Materials not acceptable for collection.
(7)
Preparation of refuse for collection.
(8)
Types and sizes of containers permitted.
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(9)
Points from which collections will be made.
(10)
Necessary safeguards for collectors.
b.
All such notices governing storage and collection shall conform to these regulations.
REGULATION 8.
Disposal
The permittee shall dispose of all non-hazardous solid wastes by an approved method
and at an approved site. Such approval must be obtained in advance of the commencement
of operations and prior to any change of method or site.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 6
CHEMICAL TOILETS, PORTABLE RESTROOM UNITS, PORTABLE WASTE
HOLDING TANKS
REGULATION 1.
Definitions
a.
"Chemical toilet" means a toilet having a watertight, impervious pail or tank containing a
chemical solution placed immediately beneath the seat or urinal and a p ipe or conduit
connecting the riser with the tank.
b.
“Portable restroom unit” means a trailer or skid-mounted temporary restroom facility that
contains a toilet, urinal, hand washing sink, shower, and/or other sanitary fixture and
includes an integral non-hazardous liquid waste holding tank or uses another approved
waste storage or disposal method.
c.
“Portable waste holding tank” means a watertight container installed above ground and
used to collect non-hazardous liquid waste from temporary facilities, such as office
trailers and temporary kitchens.
d.
“Underground sewage vault” means a sealed chamber made of impervious material to
temporarily store non-hazardous liquid waste.
REGULATION 2.
General Provisions
a.
The storage and disposal of human excreta shall be accomplished by one of the methods
listed below, which are arranged in the order or priority in which they will be considered by
the Department.
(1)
A water closet connected to a public sewer.
(2)
A water closet connected to an individual septic tank disposal system.
(3)
Other, such as chemical toilets, portable restroom units, portable waste
holding tanks, underground sewage vaults, etc., when approved by the
Department.
b.
The construction, operation, and maintenance of all chemical toilets, portable restroom
facilities, portable waste holding tanks, and underground sewage vaults shall comply with
the general regulations concerning sewage and waste disposal and with the specific
provisions of this section. An application to construct or reconstruct an underground sewage
vault shall also comply with the requirements of Section 8 of this Chapter and shall be
submitted to the Department for approval prior to construction.
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(1)
Every chemical toilet, portable restroom unit, portable waste holding tank, and
underground sewage vault shall be of approved construction and maintained in a
sound, clean and sanitary condition, free of insects, vermin, over flowing leakage,
and other unhealthful conditions. Suitable means shall be taken to effectively
control black widow spiders and other poisonous insects.
(2)
Chemical toilets, portable restroom units, portable waste holding tanks, and
underground sewage vaults may be installed only:
(a)
where connection to an approved sewage disposal system is impractical or
impossible, or;
(b)
where water under pressure is not available, or;
(c)
where the installation of an individual sewage disposal system or other
approved method of sewage or waste disposal is impractical or impossible,
and;
(d)
where its contents will not pollute, or tend to pollute, any water supply,
potential water supply, swimming pool, or other bathing area, and;
(e)
where it would not create a public health hazard or Public Health nuisance,
and;
(f)
if it complies with all the provisions of this code.
c.
A portable restroom unit or portable waste holding tank may be installed as a temporary
measure if a severe site or operational constraint prevents connection to a s ewer or
installation of another on-site wastewater treatment facility and the installation is serving
temporary facilities. T he Department may require the permit holder to remove portable
restrooms or waste holding tanks from a location after two (2) years if the use is determined
to be not temporary.
REGULATION 3.
Reserved
REGULATION 4
Reserved
REGULATION 5.
Required Toilet Facilities for Construction Sites and Public Gatherings
a.
No person shall initiate or proceed with a construction, erection, alteration, repair, or razing
project without first having provided an adequate number of suitable sanitary toilets for
the use of persons on the project in a ratio of at least one (1) toilet per twenty
(20) persons. Such toilets shall be of the water-flushed or chemical type approved by the
department and located on or within two hundred (200) feet of each work area within the
project site.
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b
At any public gathering for any commercial, religious, or public event where adequate
permanent toilet facilities are not provided on the immediate premises as required by state
law:
(1)
Suitable approved toilet facilities of the water-flushed or chemical type adequate for
the estimated attendance shall be located within two hundred (200) feet of such
gathering, with the minimum of 1 toilet per 100 persons in attendance or as required
by the Environmental Health Officer.
(2)
The use of permanent off-site toilet facilities may be approved by the Department
provided written permission has been obtained for such use from the owner of the
toilets and provided that the public is permitted free and reasonable use of the
facilities for the duration of the event. Directional signage to such off-site toilet
facilities shall be provided at the event site.
REGULATION 6.
Chemical Toilets, Portable Restrooms, and Portable Waste Holding
Tanks
a.
All chemical toilet installations shall comply with the general regulations concerning
sewage and waste disposal and with the specific provisions of this section and as follows.
(1)
Chemical toilets shall be of sanitary construction and maintained in a clean and
sanitary manner. Toilet paper shall be available at all times.
(2)
Chemical toilets shall not be installed within twenty (20) feet of occupied premises
or within ten (10) feet of any public thoroughfare or sidewalk, unless authorized by
the Department.
(3)
The floors of chemical toilets shall be of smooth, finished, nonabsorbent material.
Seats, walls, and ceilings shall be of smooth, easily cleanable, light-colored finish.
(4)
Toilet facilities intended for male use shall include a urinal, installed at least twenty
(20) inches from the toilet seat opening. The urinal shall be made of corrosion-
resistant, impervious material finished with a smooth surface and sloped to facilitate
cleaning and draining. A splash board of similar material at least nine (9) inches
higher than the overflow rim shall be provided.
(5)
In chemical toilets, seats shall be installed so as to ensure that wastes drop
unimpeded or are flushed into a receiving tank. The receiving tank shall be of
impervious, corrosion-resistant material with an easily accessible opening for
cleaning. The tank shall be built of a m aterial and thickness acceptable to and
approved by the Department. Vent pipes in chemical toilets, when installed in the
vertical tube forming the toilet bowl, shall be inserted at an angle not over thirty (30)
degrees from the vertical to minimize clogging and corrosion.
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(6)
A solution of sodium hydroxide or other approved chemical shall be maintained in
the tank or receiving element at a level that prevents septicity and the creation of
objectionable odors.
(7)
The contents of toilets shall be disposed of in an approved manner and location.
(8)
All spills shall be cleaned up immediately by collecting spilled waste, removing
and/or disinfecting contaminated soil, and disinfecting affected surfaces with a
disinfecting solution. The owner shall maintain a record of all spills of over one (1)
gallon for a period of one (1) year and provide the record to the Department for
inspection upon request. The record shall include the date of the spill, date of clean
up, location, name (event or business), address of the spill, estimated amount of
spill, method of clean up, quality of material removed, and type and amount of
disinfectant applied.
b.
All portable restroom units and portable waste holding tanks shall comply with all
regulations of this Code concerning sewage, waste disposal, and site sanitation, as well as
the specific provision of this section.
(1)
Portable restroom units and portable waste holding tanks shall be installed to
allow unobstructed access for servicing equipment to remove waste.
(2)
Waste holding tanks shall be structurally designed specifically for a waste holding
tank application and constructed from corrosion resistant, leak free, durable
material. The tank and all waste plumbing shall be ventilated to drain all fixtures
and minimize objectionable odors.
(3)
Portable restroom facilities shall be maintained in a clean and sanitary manner.
Toilet paper shall be available at all times.
(4)
Contents of waste holding tanks shall be disposed of by a vehicle that is permitted
by the Department for non-hazardous liquid waste collection and transport.
(5)
Waste holding tanks shall be emptied at a frequency to prevent overflowing,
creation of an insanitary condition, a public health nuisance, and shall be
maintained in good repair so as to prevent leakage of the contents onto the ground
or any other surface.
(6)
All spills shall be cleaned up immediately by collecting spilled waste, removing
contaminated soil, and disinfecting affected surfaces with a disinfecting solution.
The owner shall maintain a record of all spills for a period of three (3) years and
provide the record to the Department for inspection upon request. The record shall
include the date of the spill, date of clean up, location, name (event or business),
address of the spill, estimated amount of spill, method of clean up, quantity of
material removed, and type and amount of disinfectant applied.
(7)
The floors of portable restroom units shall be of smooth, finished, nonabsorbent
material. Seats, walls and ceiling shall be of smooth, easily cleanable, light-
colored finish.
(8)
Portable restroom facilities and portable waste holding tanks shall not be installed
within twenty (20) feet of an occupied premises or within ten (10 feet of any public
thoroughfare or sidewalk, unless authorized by the Department.
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REGULATION 7. Permit Required
a.
No person shall provide, for rent or hire, or install portable, nonpermanent chemical toilet
facilities, portable restroom units, portable waste holding tanks, or an underground sewage
vault unless the person holds a valid permit to do so.
b.
Every chemical toilet structure shall have thereon in clear, easily readable letters the name
and telephone number of the permit holder.
c.
Each portable restroom unit and portable waste holding tank operated under an annual
permit shall have thereon in clear, easily readable letters the name and telephone number
of the permit holder.
d.
Permit holders for chemical toilets, portable restroom units, and portable sanitary waste
holding tanks shall make available for review upon request by the Department, a list of
all deployed units, by type, address and number at each location.
e.
No person shall install an underground sewage vault as specified in regulation 2 prior to
Department plan approval, including payment of the plan review fee as specified for an
onsite wastewater alternative system. Application and installation for an underground
sewage vault shall meet the requirements of Chapter II Section 8 of this Code, including
justification for installation of such a vault as a temporary facility. Operation shall not
commence until the Department has approved the completed facility. The owner shall
remove the facility within two (2) years, or apply for a new permit by submitting a new
application and fee to the Department at least sixty (60) days prior to expiration of the
prior permit’s two (2) year duration.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 7
COLLECTION, TRANSPORTATION, AND DISPOSAL
OF NONHAZARDOUS LIQUID WASTES
REGULATION 1. Permit Required
a.
No person shall remove, store, transport, or dispose of any Nonhazardous Liquid
Wastes without applying for and receiving a permit to do so.
(1)
The design, construction and operation of vehicles used in the transportation
of these wastes shall comply with the requirements of these regulations and
no vehicle shall be so used without the approval of the Department.
(2)
Each approved vehicle shall have the number assigned by the Department
plainly and durably inscribed in contrasting colors on the side door panels of
the cab and the rear face of the tank. Such numbers shall be legible at all
times, and not less than 3 inches high.
REGULATION 2. Sanitation
a.
The collection, storage, transportation, and disposal of Nonhazardous Liquid
Wastes shall be carried out in an approved sanitary manner that minimizes exposure
to flies and other insects, spillage, odor, and without causing other hazards or
dangers to the public health. Nonhazardous Liquid Waste Transfer Facilities,
excluding those co-located at facilities that hold a Wastewater Treatment Plant
Permit, shall be designed to prevent emission of any offensive odor beyond the
boundary of the facility, and shall not be operated in a way that emits any such odor
on a persistent basis beyond the boundary of the facility.
b.
No unclean vehicle or auxiliary equipment used for carrying, transporting, or
handling the contents of septic tanks, cesspools, chemical toilets, sewage seepage
pits, privies, or other Nonhazardous Liquid Wastes may stand or remain near any
occupied structure without good cause. Such vehicles and equipment shall be
loaded, unloaded, and transported through any street, place or premises in a
reasonable period of time.
c.
Each vehicle and all auxiliary equipment used for the transportation or handling of
such wastes shall be liquid tight, gas tight, and structurally sound so that no
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Wastes may spill or escape therefrom. Any wastes dropped or spilled shall be
carefully cleaned up immediately and the area properly disinfected.
d.
Wastes taken from a septic tank, cesspool, chemical toilet, sewage seepage pit, or
privy, and other Nonhazardous Liquid Wastes shall be disposed of only in a manner
and at a place approved by the Department. This approval shall be obtained at the
time the Permit is issued and no change to the manner or place of disposal shall be
made without prior approval of the Department.
e.
Tanks on such vehicles shall have a minimum capacity of 750 gallons, with the
exception of tanks used exclusively for servicing chemical toilets which may be
permitted by the Department to have a smaller capacity.
f.
All vehicles, tools, and equipment shall be maintained in good repair at all times. At
the end of each day's operation all containers, suction pumps, hose, and other tools
and equipment shall be thoroughly cleaned and sanitized.
g.
All portable containers, pumps, hose, tools, and other implements, when not in use,
shall be stored within a covered and fly-tight enclosure.
h.
No vehicle, tank, or equipment used in these operations shall be used to contain or
transport water for potable purposes.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 8
ONSITE WASTEWATER TREATMENT FACILITIES
REGULATION 1.
Definitions
a.
“Aggregate” means a clean graded hard rock, volcanic rock, or gravel of uniform
size, 3/4 inch to 2-1/2 inches in diameter, offering 30% or more void space, washed
or prepared to be free of fine materials that will impair absorption surface
performance, and has a hardness value of three or greater on the Moh’s scale of
hardness (can scratch a copper penny).
b.
“Aquifer Protection Permit” means an individual or general permit issued under
A.R.S. §§ 49 -203, 49-241 through 49-252, and Articles 1, 2, a nd 3 of Title 18,
Chapter 9.
c.
“Aquifer Water Quality Standard” means a standard established under A.R.S. §§
49-221 and 49-223.
d.
Cesspool shall mean a securely covered pit with sturdy open-jointed lining into
which raw sewage is discharged for final disposal by digestion or leaching into the
surrounding porous soil.
e.
“Daily Flow Rate” means the average daily flow calculated for the month that has
the highest total flow during a calendar year.
f.
“Design Capacity” means the volume of a containment feature at a discharging
facility that accommodates all permitted flows and meets all aquifer protection
permit conditions, including allowances for appropriate peaking and safety factors
to ensure sustained reliable operation.
g.
“Design Flow” means the daily flow rate a facility is designed to accommodate on
a sustained basis while satisfying all permit discharge limitations and treatment and
operational requirements. The design flow incorporates peaking and safety factors
to ensure sustained, reliable operation.
h.
“Final Permit Determination” means a written notification to the applicant of the
director’s final decision whether to issue or deny an aquifer protection permit.
i.
“Onsite Wastewater Treatment Facility” means a conventional septic tank system
or alternative system installed at a site to treat and dispose of wastewater
predominately of human origin, generated at that site. A n onsite wastewater
treatment facility does not include a pre-fabricated, manufactured treatment works
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that typically uses an activated sludge unit process and has a design flow of 3000
gallons per day or more.
j.
“Setback” means a minimum horizontal distance maintained between a feature of
a discharging facility and a potential point of impact.
k.
“Typical sewage” means sewage in which the total suspended solids (TSS) content
does not exceed 430 m g/l, the five-day biochemical oxygen demand (BOD) does
not exceed 380 mg/l, and the content of fats, oils, and greases (FOG) does not
exceed 75 mg/l.
l.
“Gray water” means wastewater collected separately from a sewage flow that
originates from a clothes washer, bathtub, shower, and sink, but does not include
Wastewater from a kitchen sink, dishwasher, or toilet.
m.
“Gray water disposal system” means the on-site use and management of not more
than 400 g allons of gray water per day and a system that complies with the
requirements of Arizona Administrative Code R18-9-711.
n.
“Tank Riser” means a watertight extension of the septic tank access opening to
within six (6) inches of finished grade and removable watertight cover, or above
grade with gas tight cover.
o.
“Disposal Area Riser” means a vertical pipe installed from the bottom of the onsite
wastewater system disposal area, perforated within the disposal area, and extended
to within six (6) inches of finished grade or above with an accessible cap that allows
periodic inspection.
p.
“Notice of Intent to Discharge” or “NOID” means a request to begin the process to
receive a discharge authorization under aquifer protection permit rules.
q.
“Phase I” means site and soils investigation in preparation for NOID application to
install a septic system.
r.
“Phase II” means the application for a notice of intent to discharge.
REGULATION 2.
Permit to Install Required
a.
No person may install, materially alter, or add to any on-site wastewater treatment
facility without first applying for and obtaining a written approval from the
Department.
b.
The construction approval shall expire two (2) years after the date of issue unless,
before the permit expires, construction of the facility or system is complete and has
been inspected and approved by the Department.
c.
Department approval is required for the abandonment or closure of an onsite
wastewater treatment facility and the abandonment or closure shall comply with
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closure requirements in the regulations of Arizona Department of Environmental
Quality.
d.
A general application for site investigation, site and test hole inspection,
miscellaneous
review/reconnect
plan
reviews,
or
septic
system
abandonment/closure shall expire one (1) year from date of application and/or one
(1) year from Phase I Site Approval.
REGULATION 3.
Approval to Operate Required
a.
Work shall conform to plans and be in compliance with this Code and the
regulations of the Arizona Department of Environmental Quality.
b.
The Environmental Health Officer shall make necessary inspections of installations
and when satisfied that an installation complies with this Code, and regulations of
the Arizona Department of Environmental Quality, shall issue written approval to
the permittee.
c.
Operation and use of an on-site wastewater treatment facility shall not commence
before final inspection has been made and approved, all permit fees are paid, all
required documents have been received, and written approval has been issued by
the Department.
REGULATION 4.
General
All onsite wastewater treatment facilities must conform to the applicable general
provisions relating to sewage and waste disposal, and with the specific provisions of this section.
a.
Onsite wastewater treatment facilities are prohibited:
1.
When connection may reasonably and practicably be made to an approved
municipal, community, or similar sewerage system. When installation of a
municipal, community, or similar sewerage system or extension, to which
connection may be made, is imminent, the Department may waive the full
application of these regulations and permit the installation of temporary
sewage disposal facilities for premises or subdivisions. In such cases, the
Department shall stipulate the conditions and limitations it deems necessary
to protect the public health, and to insure speedy connection to the sewerage
system, and the owner and operator of such temporary facilities shall be
bound to these stipulations and conditions;
2.
When soil conditions, topography, or other conditions are such that an
onsite wastewater treatment facility cannot be expected to function
satisfactorily, or where ground water or soil conditions are such that an
onsite wastewater treatment facility may cause pollution of ground water;
3.
When such installation may create an unsanitary condition or public health
nuisance.
b.
The use of cesspools is prohibited.
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c.
The installation of onsite wastewater treatment facilities in new subdivisions,
establishments, or premises, is prohibited where such subdivisions, establishments,
or premises are contiguous to an approved sewerage system to which connection
may reasonably and practically be made.
d.
The use of an onsite wastewater treatment facility by more than one (1) property,
dwelling, commercial unit or other premises is prohibited unless it can be shown to
the satisfaction of the Environmental Health Officer that such properties, dwellings,
commercial units or premises are constructed, designed and located in such a
manner that it is impossible to construct separate onsite wastewater treatment
facilities for them.
e.
In areas served by a municipal or other approved sewage disposal system, when an
onsite wastewater treatment facility fails, and in the opinion of the Department, a
public health nuisance arises as a result of such failure, (1) the plumbing system of
the premises shall be disconnected from the defective onsite wastewater treatment
facility and forthwith connected to the approved sewage disposal system, (2) the
onsite wastewater treatment facility shall comply with closure requirements in the
Arizona Department Of Environmental Quality Rules and be of the Department.
f.
The effluent from onsite wastewater treatment facilities may not discharge onto the
surface of the ground, into any water course, abandoned well, pit, mine or similar
excavation, or anywhere it may pollute, tend to pollute or create a hazard to any
potential or actual water supply or water supply system, industrial wastes shall not
be discharged into any onsite wastewater treatment facility without the written
approval of the Department.
g.
All back filling shall be done with clean earth, free of large stones, broken masonry,
stumps, waste construction materials, etc., and accomplished in such a manner as
to minimize settling and to avoid placing undue strain on the system.
h.
If water or a limiting layer is encountered during excavation for test holes or
during onsite wastewater treatment facility installation, the work shall be
suspended immediately and revised plans submitted to the Department for
approval.
i
Hair and lint traps shall be installed on drains connected to an onsite wastewater
treatment facility for hair salons, commercial laundry facilities, and pet and horse
grooming facilities.
REGULATION 5. Minimum Requirements for the Design, Installation, Site Investigation, and
Operation of Onsite Wastewater Treatment Facilities and Gray Water
Disposal Systems.
a.
The owner of any of the following types of onsite wastewater treatment plant is
required to submit an annual maintenance record on a form provided by the
Department and pay a fee as listed in Chapter I, Regulation 5 of this Code:
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(1) Aerobic treatment system
(2) Sequencing batch reactors
(3) Systems requiring disinfecting devices, and
(4) Systems with maintenance requirements prescribed by the manufacturer.
b.
The following provisions of The Arizona Administrative Code (“A.A.C.”), including
all revisions, technical corrections, and supplements published as of March 31, 2010,
are incorporated into this Environmental Health Code by reference:
Title 18 Chapter 9 Section 110. (R18-9-110.);
Section A301. A.4. (R18-9-A301.A.4);
Section A301. B. (R18-9-A301 B.);
Section A301. D. (R18-9-A301.D.);
Section A302. (R18-9-A302.);
Section A303.A. (R18-9-A 303.A.);
Section A304. (R18-9-A304.);
Section A305.B. (R-18-A305.B.);
Sections A306. through A309 D. and A309F, (R18-9-A306 through R18-9-A309.D
and A309F);
Sections A310. through A316. (R18-9-A310 through R18-9-A316.);
Sections E301 through E323. (R18-9- E301 through R18-9-E323.);
Section 711 (R18-9-711).
c.
Copies of the A.A.C. Rules adopted by reference in Subsection b above are
available from the Arizona Secretary of State.
d.
For the purpose of this Code, references to “Department” in Title 18 Chapter 9,
means the Maricopa County Environmental Services Department.
REGULATION 6. Site Safety
a.
In order to protect humans and animals at the installation site, the property owner,
its authorized agent, and its contractor(s) shall be responsible for installation site
safety for work performed under the rules of this Section.
b.
Test holes shall be secured by placing protective signage, equipment, barriers,
and/or by covering the test holes. Test holes shall be backfilled and compacted
immediately after the property owner, its authorized agent or its contractor has
been informed that the site investigation has been completed. Test holes shall
remain secured at all times.
c.
Installation sites shall be secured with signage, equipment, and/or barriers
appropriate to the site.
d.
If any newly-constructed or modified portion of an onsite wastewater treatment
facility requiring inspection is receiving or has received wastewater discharge,
notice shall be given to the Department at the time of the inspection request.
e.
If any newly-constructed or modified portion of an onsite wastewater treatment
facility requiring inspection is receiving or has received wastewater discharge, the
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property owner, its authorized agent or its contractor(s) shall be present at the site
during the inspection. The property owner, its authorized agent or its
contractor(s) shall provide an appropriate measuring device, disinfectant, and any
other equipment deemed necessary by department personnel performing the
inspection.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 9
CLASSIFICATION OF WASTEWATER TREATMENT PLANTS SEWERAGE
SYSTEMS AND REQUIREMENTS FOR CERTIFIED OPERATORS
REGULATION 1. Adoption of Classification of Water and Wastewater Facilities and
Certification of Operators
The following Article of the Arizona Administrative Code ("A.A.C") including
revisions, technical corrections, and supplements published as of March 31, 2025 is
incorporated by reference:
Title 18, Chapter 5, Article 1.
Definitions
a.
"Certified Operator" means an operator who holds a current certificate issued by the
Arizona Department of Environmental Quality in the field of wastewater treatment, or
wastewater collection.
b.
"Collection system" means pipelines, conduits, pumping stations, force mains, and all other
devices, appurtenances and facilities used for collecting and conducting wastewater to a
central point for treatment and disposal.
c.
"Director" means the Director of the Maricopa County Department of Health Services or his
authorized agent.
d.
"Direct Responsible Charge" means day-to-day decision making responsibility for a
wastewater treatment plant, collection system, or effluent distribution system, or a major
portion of such a facility.
e.
"Effluent Distribution System" means the pipelines, appurtenances, devices and facilities of
a reclaimed wastewater system which conduct effluent from a wastewater treatment plant to
a point of final reuse.
f.
"Facility" means a wastewater treatment plant, effluent distribution system, or collection
system.
g.
"On-site Operator" means an operator who visits a facility at least daily, for the purpose of
ensuring that it is operating properly.
h.
"Operator" means a person who is responsible for the actual day-to-day operation of a
facility or a portion thereof. This includes the operator of a remote control system in which
the operator is in direct control of the entire system or a portion thereof from a central
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location. I t also includes the chief operator who supervises the operation of the facility.
The term operator includes both on-site and remote operators as defined in this section.
i.
"Population Equivalent" means the population which would contribute an equal amount of
biochemical oxygen demand (BOD) computed on the basis of 0.17 pounds of five-day, 20-
degree centigrade BOD per capita per day.
R-6-6-2007
j.
"Remote operator" means an operator who is not an on-site operator.
k.
"Wastewater Treatment Plant" means processes, devices and structures used for the purpose
of treating or stabilizing wastewater or industrial waste and disposing of the effluent.
REGULATION 2.
Exemptions
Owners of the following facilities are exempt from the requirements of this section:
a.
"Non-Community" septic tanks and collection system discharging to "Non-Community"
septic tanks.
b.
Any collection system serving a population of fewer than 2,500 persons which discharges
into a facility which is operated by a certified operator.
c.
Any collection system serving a nonresident population and discharging into a collection
system operated by a certified operator.
d.
Agricultural or industrial wastewater facilities used to treat, recycle, or impound industrial
or agricultural wastes within the boundaries of the industrial or agricultural property.
e.
Industrial waste pretreatment facilities in which treated wastewater is released to a
collection system or wastewater treatment plant which is regulated by these regulations.
f.
Facilities for treating industrial wastes which are not treatable by biological means.
g.
Wastewater treatment devices serving an individual home.
REGULATION 3.
General Requirements
a.
The owner or the purveyor of services shall utilize the services of a certified operator of the
require classification for each facility for the purpose of assuring that the facility is
operating properly. The certified operator shall have direct responsible charge of the
operation of the wastewater treatment plant, or the collection or effluent distribution system.
Any owner or purveyor who meets the requirements for certification may become certified
as operator of the facility for which he has direct responsible charge. The Chief Operator or
Superintendent in direct responsible charge shall be certified at the grade of the facility.
Shift foremen or other operators in charge of the facility in the absence of the Chief
Operator or Superintendent shall be certified at a grade no lower than one grade below the
grade of the facility.
b.
It is the facility owner's responsibility to ensure that the name of the required certified
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operator is on file at all times with the Department. If the owner of a facility replaces the
designated operator with another operator, the new operator shall be properly certified at the
time he begins operation of the facility. The owner shall notify the Department in writing
within ten days of the date of the replacement. The certified operator shall notify the
Department in writing within ten days of the date he ceases operation of a facility and within ten
days after he commences operation of any facility.
c.
There are three types of facilities:
(1)
Wastewater Treatment Plants,
(2)
Collection Systems, and
(3)
Effluent Distribution Systems.
All facilities shall be classified according to type of facility, population or population
equivalent served, flow, and complexity of treatment as described in these regulations.
d.
There are four grades of classification, with grade-4 being the highest. T he Department
may change the classification of a p articular facility by reason of the incorporation in the
facility of special features of design or characteristics more difficult to operate than usual, or
by reason of wastewater unusually difficult to treat, or by reason of effluent reuse or other
potential health factors. In multi-facility systems, each facility shall be classified according
to complexity and the total population or population equivalent served or flow rate.
e.
A person holding certification in any particular type and grade is permitted to operate all
facilities in that particular type and grade and any lower grade.
f.
Each facility requires the services of an on-site operator certified at the grade of the facility.
An operator may operate one or more facilities as a remote operator under the following
conditions:
(1)
The remote operator is certified at or above the grade of the facility.
(2)
Each facility, except a grade-1 facility, has an on-site operator certified at a level no
lower than one grade below the grade of the facility. A grade-1 facility requires an
on-site representative, who is not required to be certified.
(3)
The remote operator personally instructs the on-site operator or representative in
proper operation and maintenance of each facility, provides him with written
instructions, and assures that adequate records are kept.
(4)
The remote operator provides the on-site operator or representative with a telephone
number or numbers at which he can be reached at all times.
(5)
The remote operator resides no more than three hours travel time from any facility
which he serves as remote operator.
(6)
The facility operated by the remote operator is operating in compliance with all
applicable regulations.
(7)
The remote operator personally inspects a f acility as often as necessary to assure
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proper operation and maintenance, but in no case less than the following:
(a)
Grade-1 wastewater treatment plants - monthly.
(b)
Collection systems serving fewer than 2,500 people - bimonthly.
(c)
Grade-2 wastewater treatment plants serving less than 1,000 pe ople -
weekly.
(d)
Grade-2 wastewater treatment plants serving greater than 1,000 people, and
all grade-3 and grade-4 wastewater treatment plants - daily.
g.
The owner or the purveyor of services for any facility is in violation of this section if the
facility is operated in a manner which violates County or State Rules and Regulations for
the protection of water quality and the environment.
REGULATION 4.
Classification of Wastewater Treatment Plants, Collection Systems, and
Effluent Distribution Systems
a.
Treatment plants shall be classified according to population equivalent served, flow, degree
of hazard to public health, type of facility and degree of treatment, as specified in this
section.
(1)
Grade-1 includes:
(a)
Stabilization ponds serving fewer than 2,000 persons and treating a flow of
200,000 gallons per day or less.
(b)
Any wastewater treatment facility not designated as grade-2-3, or 4.
(2)
Grade-2 includes:
(a)
Stabilization ponds serving more than 2,000 pe rsons or treating a flow
greater than 200,000 gallons per day, and
(b)
All aerated lagoons, and
(c)
All facilities employing biological treatment based upon the activated sludge
principle, or trickling filters, designed to serve a population equivalent of
fewer than 5,000 persons and treating a flow of 500,000 gallons per day or
less, except as provided in Paragraph a.(3) (c) of this regulation.
(3)
Grade-3 includes:
(a)
All facilities employing biological treatment based upon the activated sludge
principle designed to serve a population equivalent of 5,000 t o 20,000
persons or treating a flow between 500,000 and 2,000,000 gallons per day,
and
(b)
All facilities employing trickling filtration designed to serve a population
equivalent of 5,000 to 25,000 persons, or treating a flow between 500,000
and 2,500,000 gallons per day, and
(c)
Variations of activated sludge requiring specialized knowledge including,
but not limited to, contact stabilization and sequencing batch reactors
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serving any population equivalent of up t o 20,000 pe rsons and treating a flow
rate of up to 2,000,000 gallons per day.
(4)
Grade-4 includes:
(a)
All facilities employing biological treatment based upon the activated sludge
principle designed to serve a population equivalent greater than 20,000
persons, or treating a flow greater than 2,000,000 gallons per day, and
(b)
All facilities employing trickling filtration designed to serve a population
equivalent greater than 25,000 pe rsons, or treating a flow greater than
2,500,000 gallons per day.
(c)
Variations of activated sludge requiring specialized knowledge including,
but not limited to, contact stabilization and sequencing batch reactors
serving any population equivalent greater than 20,000 persons or treating a
flow rate greater than 2,000,000 gallons per day.
(5)
Facilities requiring tertiary treatment or nutrient removal shall be graded one level
higher than the minimum grade based upon population equivalent or flow.
b.
Until July 1, 1991, t he following classification of collection and effluent distribution
systems shall apply. Ordinarily, collection and effluent distribution systems are considered
as a part of the treatment facility; however, where such a co nveyance facility is separated
from treatment, either in jurisdiction or in responsibility, the collection and/or effluent
distribution system is classified as grade 1.
c.
Classification of wastewater collection and effluent distribution systems. Effluent
distribution systems shall be operated by a graded wastewater collection operator.
Beginning on July 1, 1991, collection and effluent distribution systems shall be classified by
population served, as follows:
GRADE
POPULATION
1
0 - 2,500
2
2,501 - 10,000
3
10,001 - 25,000
4
More than 25,000
d.
By July 1, 1991, e ach owner or a purveyor of services for a collection or effluent
distribution system shall have the services of an operator certified at the grade of the system
as reclassified under these regulations.
e.
Effluent distribution systems shall be operated by a graded wastewater collection operator.
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER II
SEWAGE AND WASTES
SECTION 10
BIOHAZARDOUS MEDICAL WASTE TRANSPORTATION
REGULATION 1. Biohazardous Medical Waste Transportation
a.
Arizona Administrative Code (“A.A.C.”) R18-13-1401 through R18-13-1404 and R18-13-
1409, which were effective September 17, 1999, are incorporated herein by this reference.
b.
The A.A.C. rules adopted by reference in subsection a. do not include future editions or
amendments to those rules.
c.
Copies of the A.A.C. rules adopted by reference in subsection a. are available on the Arizona
Secretary of State’s web site at www.azsos.gov/public_services/title_18/18-13.htm.
d.
For the purpose of this code, references to “Department” in A.A.C. Title 18 means the
Maricopa County Environmental Services Department.
REGULATION 2. Permit Required
No person shall transport biohazardous medical waste without a valid permit to do so, unless
exemption requirements are met as referenced in Chapter II, Section 10, Regulation 1 of this
Code.
REGULATION 3. Vehicles
a.
The transportation vehicle shall be cleaned frequently in order to prevent the vehicle from
becoming a nuisance or breeding place for insects, and shall be maintained in good order
and repair.
b.
Each vehicle operated under permit shall have the permit number clearly inscribed on the
side door panels and rear face thereof in 3 inch letters or numerals or both.
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Enhanced Regulatory
Outreach Program(EROP)
Andy Linton, Director
January 26, 2026
ES-2025-005
Wastewater Treatment Plants
1
2
Background
•
The Environmental Services Department (ESD) regulates wastewater treatment plants under the
authority of the Maricopa County Environmental Health Code (MCEHC) by:
o
Engineering design review - Approvals to Construct (ATC) & Approvals of Construction (AOC)
o
Verifying conformance with MAG 208
o
Routine inspections of wastewater treatment facilities & monthly review of water quality report
•
Regulatory activities related to wastewater treatment plants are not delegated to Maricopa County.
•
Both ESD and the Arizona Department of Environmental Quality (ADEQ) regulate wastewater treatment
plants in Maricopa County. Much of the regulatory oversight is duplicative.
Wastewater Treatment Plants
3
Background
•
Maricopa County is the only county in Arizona that has its own wastewater treatment
plant engineering review program.
•
Customers are required to submit engineered plans to both ESD and ADEQ, and regular
operational inspections are conducted at the facilities by both departments.
•
The duplication of work adds additional time, cost, and complexity for customers.
•
ARS 11-1604 – “avoid duplication of other laws…and dual permitting to the maximum
extent practicable.”
Duplicative Regulatory Activities
4
Background
Duplicative Regulatory Activities
MCESD
New or expansion
of WWTP
Submit
engineered
plans
Regulations require
verification of MAG
208 conformance
YES
NO
ATC not issued/violation of APP
Issue
Permit
(Approval to
Construct)
New or expansion
of WWTP
Submit
engineered
plans
Regulations require
verification of MAG
208 conformance
YES
NO
Issue
Permit
(Aquifer
Protection
Permit)
ADEQ
No delegation from ADEQ to
MCESD for WWTP, so both
agencies do reviews/approvals.
5
Background
No change to MAG 208 letters and Collection System Infrastructure
MAG 208 Letters
Wastewater
Infrastructure
•
MAG requests letters of “no objection,” “approval,” or “comment” from
jurisdictions within a 3-mile radius when a MAG 208 amendment is
proposed.
•
The MAG Regional Council considers these letters when voting on
MAG 208 amendments.
•
MCESD conducts engineering reviews for infrastructure used to convey
wastewater between service areas (service area expansions).
•
ADEQ delegated this responsibility to MCESD.
•
Regulations require MCESD to verify that this conveyance conforms
with MAG 208 prior to issuing Approvals to Construct.
6
Purpose of Proposed Code Change
• To avoid duplicative oversight, the Department proposes to discontinue
construction reviews/approvals and operational permits/inspections for
wastewater treatment plants.
• The Department will continue reviews/approvals for wastewater
infrastructure and water treatment plans, as currently delegated from ADEQ.
• ADEQ will continue review and approvals for wastewater treatment plants in
Maricopa County, including issuance of Aquifer Protection Permits (APP),
verification of conformance with MAG 208, and operational inspections.
Future State
1
2
3
4
5
6
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12/16/2025
REGULATION 1. Definitions
e.
"Disposal system" or "sewage works" means any system for the disposal of sewage and other wastes, either by surface or
underground methods, including, but not limited to, individual sewage disposal systems, waste treatment works, privies,
chemical toilets, incinerator toilets or privies, and public or franchised sewerage systems and wastewater reclamation
systems.
7
Proposed Code Changes
Maricopa County Environmental Health Code Chapter II
….
x. "Treatment works" shall mean any treatment plant, disposal system, lagoon, or other works used for the purpose of treating,
stabilizing, holding, or disposing of sewage or industrial wastes.
y.
x. "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may
pollute or tend to pollute any waters of the County. The term "wastes" does not include agricultural irrigation and drainage
waters, for which water quality standards shall have been established by the state.
z.
y. "Wastewater" means sewage, and waterborne industrial wastes.
aa. z. "Wastewater Reclamation or Reuse System" means the wastewater treatment works and the entire Reuse/Reclamation and
Distribution System for the use of reclaimed wastewater.
REGULATION 2. General Provisions
a.
All sewage, refuse, human excreta, and other wastes shall be kept, transported, treated, disposed of, or reclaimed by a method or
methods which are in compliance with these regulations, and at sites which are approved by the Department.
….
h. Minimum design guidelines for sewage systems, including septic tank systems, and treatment works are found in the engineering
bulletins of the Department, and Arizona Departments of Health Services and Environmental Quality.
….
n. The Environmental Health Officer shall be permitted to make and he shall make such inspections of any place, premises, container,
process, equipment or vehicle used for the collection, storage, transportation, treatment, disposal or reclamation of sewage,
industrial wastes or refuse as are necessary to insure compliance with these regulations.
8
Proposed Code Changes
Continued
o. Discontinued facilities.
(1) Every cesspool, septic tank and seepage pit and waste treatment works which has been abandoned or has been discontinued
otherwise from further use or to which no waste or soil pipe from a plumbing fixture is connected, shall have the sewage
removed there from and be completely filled with the earth, sand, gravel, concrete or other approved material.
(2) The top cover or arch over the cesspool, septic tank, or seepage pit or waste treatment works shall be removed before filling
and the cesspool, septic tank or seepage pit shall be filled to the level of the top of the ground.
….
9
Restaurants
Proposed Code Changes
REGULATION 4. Permit Required
No waste treatment works or wastewater reclamation system shall be operated or maintained in Maricopa County without a permit
in force by the Department.
10
Restaurants
Proposed Code Changes
SEWAGE AND WASTE TREATMENT WORKS
REGULATION 1. Approval to Construct
a. No person may begin construction of any Sewerage system, septic tank system, treatment works, Nonhazardous Liquid Waste
Transfer Facility, reclamation system, or extensions of works or systems, or make any change that affects capacity, quality, flow,
or location or operational performance of a system, and no person may install any process, device, or equipment, either in whole
or in part, prior to receiving an "Approval to Construct" document from the Department. Application for an "Approval to
Construct" shall be submitted to the Department at least 30 days prior to the date upon which Department approval is desired. For
septic tank systems, the application shall be submitted at least 5 working days prior to the date upon which Department approval
is desired.
Continued
….
e. All plan documents submitted to the Department, except septic systems less than 2,000 gallons per day, must have been prepared
by, or under the supervision of a currently registered Arizona professional engineer. The engineer shall affix his signature and
Arizona seal of registration to all plans submitted for approval and shall certify in writing that the plan documents comply with
these regulations and in principle with the criteria contained in the Engineering Bulletins. A non-registrant may design a wastewater
treatment plant, or extensions, additions, modifications or revisions, or extensions to collection systems, if the total cost value of
such construction does not exceed twelve thousand five hundred dollars, as cost estimate for material and labor shall be submitted
with plan documents.
f. Plans and specifications submitted to the Department will be reviewed and, if found satisfactory, the Department will issue an
"Approval to Construct". If construction has not substantially started within one year after the date of issuance of the "Approval to
Construct", or if there is a halt in construction of more than one year, or if construction is not completed within three two years after
the date of issuance, the "Approval to Construct" will be void, unless an extension of time has been granted in writing by the
Department.
11
Restaurants
Proposed Code Changes
Continued
….
i.
The Department shall not issue approval for any sewerage system or waste and/or sewage treatment works which is not in
conformance with the certified water quality management plan and facility plan that prescribes a particular sewerage system
and waste and/or sewage treatment work configuration for sewage management by a designated management agency within a
service area. If no facility plan is applicable, the certified water quality management plan shall be utilized by the Department
to determine conformance.
j.
The Department may issue an approval for sewerage system or waste and/or sewage treatment works which is consistent with
general plans prepared for an area when no sewerage system and waste and/or sewage treatment works configuration is
prescribed in the certified water quality management plan. The Department shall confer with both the designated water quality
planning agency for the area and the responsible and impacted governmental units to determine consistency with the general
plans.
12
Restaurants
Proposed Code Changes
7
8
9
10
11
12
70
12/16/2025
REGULATION 2. Final Approval of Construction
….
b.
The following requirements shall be satisfactorily met before an approval of construction will be issued by the Department
on a newly constructed, altered, or expanded sewerage system or waste and/or sewage treatment works, including
wastewater reclamation systems, but excluding septic tank systems.
….
(2) An Operator, certified by the State of Arizona pursuant to A.A.C. R18-5-105, is employed to operate the Sewerage
system or waste and/or Sewage Treatment Works pursuant to the General Requirements in A.A.C. R18-5-104 and in
compliance with Chapter II, Section 9 of this Code.
(3) An Operation and Maintenance manual is submitted to and approved by the Department for newly constructed,
altered, or expanded Sewerage Systems (except municipal collection systems) or waste and/or Sewage Treatment
Works, including Wastewater Reclamation Systems, new sewage treatment systems, or substantial modifications
thereto.
13
Proposed Code Changes
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.
14
Proposed Code Changes
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. 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.
15
Proposed Code Changes
REGULATION 5. 4. Minimum Requirements for Sewerage Systems
….
b. For systems that treat, or which are designed to treat greater than 10,000 gallons/day, a standby power source shall be
provided at all sewage treatment systems and/or pump stations where a temporary power failure may allow a discharge of
raw or partially treated sewage. Standby power may be via a standby generator, separate feeders from separate substations, a
loop feeder on separate transformers from a common substation, or a high-level alarm with portable generators. Standby
power also shall be provided to any sewage treatment systems and/or pump stations, regardless of size, if a temporary power
failure may allow a discharge into surface waters classified as "Unique Waters", by the Arizona Department of
Environmental Quality.
c. b. The structures and electrical and mechanical equipment of sewage treatment systems and pump stations shall be protected
from physical damage from a 100-year flood, if the plans for such were submitted for approval after the effective date of
this Regulation. Flood protection shall be designed such that treatment works and pump stations will remain fully
operational during a 25-year flood. Walls or berms of adequate size may be constructed where necessary to provide
protection. Flood protection approval must be obtained from the appropriate Flood Control District before an approval to
construct will be issued.
d. All treatment works with greater than 100,000 gallons/day capacity shall be provided with the necessary equipment to
indicate record and totalize the volume of wastewater being treated. Treatment plants with less than 100,000 gallons/day
capacity are required to indicate flow.
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Proposed Code Changes
CLASSIFICATION OF WASTEWATER TREATMENT PLANTS SEWERAGE SYSTEMS AND REQUIREMENTS
FOR CERTIFIED OPERATORS
REGULATION 1. Adoption of Classification of Water and Wastewater Facilities and Certification of Operators
The following Article of the Arizona Administrative Code ("A.A.C") including revisions, technical corrections, and
supplements published as of March 31, 2025 is incorporated by reference:
Title 18, Chapter 5, Article 1.
Definitions
a. "Certified Operator" means an operator who holds a current certificate issued by the Arizona Department of Environmental
Quality in the field of wastewater treatment, or wastewater collection.
b. "Collection system" means pipelines, conduits, pumping stations, force mains, and all other devices, appurtenances and
facilities used for collecting and conducting wastewater to a central point for treatment and disposal.
c. "Director" means the Director of the Maricopa County Department of Health Services or his authorized agent.
d. "Direct Responsible Charge" means day-to-day decision making responsibility for a wastewater treatment plant, collection
system, or effluent distribution system, or a major portion of such a facility.
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Proposed Code Changes
e. "Effluent Distribution System" means the pipelines, appurtenances, devices and facilities of a reclaimed wastewater system
which conduct effluent from a wastewater treatment plant to a point of final reuse.
f. "Facility" means a wastewater treatment plant, effluent distribution system, or collection system.
g. "On-site Operator" means an operator who visits a facility at least daily, for the purpose of ensuring that it is operating
properly.
h. "Operator" means a person who is responsible for the actual day-to-day operation of a facility or a portion thereof. This
includes the operator of a remote control system in which the operator is in direct control of the entire system or a portion
thereof from a central location. It also includes the chief operator who supervises the operation of the facility. The term
operator includes both on-site and remote operators and defined in this section.
i. "Population Equivalent" means the population which would contribute an equal amount of biochemical oxygen demand
(BOD) computed on the basis of 0.17 pounds of five-day, 20-degree centigrade BOD per capita per day.
j. "Remote operator" means an operator who is not an on-site operator.
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Proposed Code Changes
13
14
15
16
17
18
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12/16/2025
e. "Effluent Distribution System" means the pipelines, appurtenances, devices and facilities of a reclaimed wastewater system
which conduct effluent from a wastewater treatment plant to a point of final reuse.
f. "Facility" means a wastewater treatment plant, effluent distribution system, or collection system.
g. "On-site Operator" means an operator who visits a facility at least daily, for the purpose of ensuring that it is operating
properly.
h. "Operator" means a person who is responsible for the actual day-to-day operation of a facility or a portion thereof. This
includes the operator of a remote control system in which the operator is in direct control of the entire system or a portion
thereof from a central location. It also includes the chief operator who supervises the operation of the facility. The term
operator includes both on-site and remote operators and defined in this section.
i. "Population Equivalent" means the population which would contribute an equal amount of biochemical oxygen demand
(BOD) computed on the basis of 0.17 pounds of five-day, 20-degree centigrade BOD per capita per day.
j. "Remote operator" means an operator who is not an on-site operator.
k. "Wastewater Treatment Plant" means processes, devices and structures used for the purpose of treating or stabilizing
wastewater or industrial waste and disposing of the effluent.
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Proposed Code Changes
REGULATION 2. Exemptions
Owners of the following facilities are exempt from the requirements of this section:
a. "Non-Community" septic tanks and collection system discharging to "Non-Community" septic tanks.
b. Any collection system serving a population of fewer than 2,500 persons which discharges into a facility which is operated by
a certified operator.
c. Any collection system serving a nonresident population and discharging into a collection system operated by a certified
operator.
d. Agricultural or industrial wastewater facilities used to treat, recycle, or impound industrial or agricultural wastes within the
boundaries of the industrial or agricultural property.
e. Industrial waste pretreatment facilities in which treated wastewater is released to a collection system or wastewater treatment
plant which is regulated by these regulations.
f. Facilities for treating industrial wastes which are not treatable by biological means.
g. Wastewater treatment devices serving an individual home.
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Proposed Code Changes
REGULATION 3. General Requirements
a. The owner or the purveyor of services shall utilize the services of a certified operator of the require classification for each
facility for the purpose of assuring that the facility is operating properly. The certified operator shall have direct responsible
charge of the operation of the wastewater treatment plant, or the collection or effluent distribution system. Any owner or
purveyor who meets the requirements for certification may become certified as operator of the facility for which he has direct
responsible charge. The Chief Operator or Superintendent in direct responsible charge shall be certified at the grade of the
facility. Shift foremen or other operators in charge of the facility in the absence of the Chief Operator or Superintendent shall
be certified at a grade no lower than one grade below the grade of the facility.
b. It is the facility owner's responsibility to ensure that the name of the required certified operator is on file at all times with the
Department. If the owner of a facility replaces the designated operator with another operator, the new operator shall be
properly certified at the time he begins operation of the facility. The owner shall notify the Department in writing within ten
days of the date of the replacement. The certified operator shall notify the Department in writing within ten days of the date he
ceases operation of a facility and within ten days after he commences operation of any facility.
c.
There are three types of facilities:
(1)
Wastewater Treatment Plants,
(2)
Collection Systems, and
(3)
Effluent Distribution Systems.
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Proposed Code Changes
All facilities shall be classified according to type of facility, population or population equivalent served, flow, and complexity
of treatment as described in these regulations.
d.
There are four grades of classification, with grade-4 being the highest. T he Department may change the
classification of a p articular facility by reason of the incorporation in the facility of special features of design or characteristics
more difficult to operate than usual, or by reason of wastewater unusually difficult to treat, or by reason of effluent reuse or
other potential health factors. In multi-facility systems, each facility shall be classified according to complexity and the total
population or population equivalent served or flow rate.
e.
A person holding certification in any particular type and grade is permitted to operate all facilities in that particular
type and grade and any lower grade.
f.
Each facility requires the services of an on-site operator certified at the grade of the facility. An operator may
operate one or more facilities as a remote operator under the following conditions:
(1)
The remote operator is certified at or above the grade of the facility.
(2)
Each facility, except a grade-1 facility, has an on-site operator certified at a level no lower than one
grade below the grade of the facility. A grade-1 facility requires an on-site representative, who is not required to be
certified.
(3)
The remote operator personally instructs the on-site operator or representative in proper operation and
maintenance of each facility, provides him with written instructions, and assures that adequate records are kept.
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Proposed Code Changes
(4)
The remote operator provides the on-site operator or representative with a telephone number or numbers at which
he can be reached at all times.
(5)
The remote operator resides no more than three hours travel time from any facility which he serves as remote
operator.
(6)
The facility operated by the remote operator is operating in compliance with all applicable regulations.
(7)
The remote operator personally inspects a f acility as often as necessary to assure proper operation and
maintenance, but in no case less than the following:
(a)
Grade-1 wastewater treatment plants - monthly.
(b)
Collection systems serving fewer than 2,500 people - bimonthly.
(c)
Grade-2 wastewater treatment plants serving less than 1,000 pe ople -weekly.
(d)
Grade-2 wastewater treatment plants serving greater than 1,000 people, and all grade-3 and grade-4 wastewater
treatment plants - daily.
g. The owner or the purveyor of services for any facility is in violation of this section if the facility is operated in a manner
which violates County or State Rules and Regulations for the protection of water quality and the environment.
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Proposed Code Changes
REGULATION 4. Classification of Wastewater Treatment Plants, Collection Systems, and Effluent Distribution
Systems
a.
Treatment plants shall be classified according to population equivalent served, flow, degree of hazard to public
health, type of facility and degree of treatment, as specified in this section.
(1)
Grade-1 includes:
(a) Stabilization ponds serving fewer than 2,000 persons and treating a flow of 200,000 gallons per day or less.
(b) Any wastewater treatment facility not designated as grade-2-3, or 4.
(2)
Grade-2 includes:
(a) Stabilization ponds serving more than 2,000 pe rsons or treating a flow greater than 200,000 gallons per day, and
(b) All aerated lagoons, and
(c) All facilities employing biological treatment based upon the activated sludge principle, or trickling filters,
designed to serve a population equivalent of fewer than 5,000 persons and treating a flow of 500,000 gallons per day
or less, except as provided in Paragraph a.(3) (c) of this regulation
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Proposed Code Changes
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(3)
Grade-3 includes:
(a)
All facilities employing biological treatment based upon the activated sludge principle designed to serve
a population equivalent of 5,000 t o 20,000 persons or treating a flow between 500,000 and 2,000,000 gallons per
day, and
(b)
All facilities employing trickling filtration designed to serve a population equivalent of 5,000 to 25,000
persons, or treating a flow between 500,000 and 2,500,000 gallons per day, and
(c)
Variations of activated sludge requiring specialized knowledge including, but not limited to, contact
stabilization and sequencing batch reactors serving any population equivalent of up t o 20,000 pe rsons and treating
a flow rate of up to 2,000,000 gallons per day.
(4)
Grade-4 includes:
(a)
All facilities employing biological treatment based upon the activated sludge principle designed to serve
a population equivalent greater than 20,000 persons, or treating a flow greater than 2,000,000 gallons per day, and
(b)
All facilities employing trickling filtration designed to serve a population equivalent greater than 25,000
pe rsons, or treating a flow greater than 2,500,000 gallons per day.
(c)
Variations of activated sludge requiring specialized knowledge including, but not limited to, contact
stabilization and sequencing batch reactors serving any population equivalent greater than 20,000 persons or
treating a flow rate greater than 2,000,000 gallons per day.
(5)
Facilities requiring tertiary treatment or nutrient removal shall be graded one level higher than the minimum grade
based upon population equivalent or flow.
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Proposed Code Changes
b.
Until July 1, 1991, t he following classification of collection and effluent distribution systems shall apply. Ordinarily,
collection and effluent distribution systems are considered as a part of the treatment facility; however, where such a co
nveyance facility is separated from treatment, either in jurisdiction or in responsibility, the collection and/or effluent
distribution system is classified as grade 1.
c.
Classification of wastewater collection and effluent distribution systems. Effluent distribution systems shall be
operated by a graded wastewater collection operator. Beginning on July 1, 1991, collection and effluent distribution
systems shall be classified by population served, as follows:
GRADE
POPULATION
1
0 - 2,500
2
2,501 - 10,000
3
10,001 - 25,000
4
More than 25,000
d. By July 1, 1991, e ach owner or a purveyor of services for a collection or effluent distribution system shall have the services
of an operator certified at the grade of the system as reclassified under these regulations.
e. Effluent distribution systems shall be operated by a graded wastewater collection operator.
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Proposed Code Changes
27
Stakeholder Input
•
A stakeholder workshop was held on December 16, 2025.
•
Ten (10) stakeholders were in attendance.
•
Comments received from stakeholders during the meeting were supportive; there were
no comments in opposition.
Wastewater Treatment Plants in Maricopa County
BOS formal hearing
6/24/26
Timeline
11/13/25
Brief BOS
08.26.24
Begin EROP case &
stakeholder outreach
04.21.25
First Board of Health
meeting
2/17/26 – 3/17/26
Additional stakeholder
outreach
12/16/25
1/26/26
Second Board of Health
meeting
4/27/26
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Staff Recommendation
•
The Department recommends that the Board of Health allow the case to move to the
next step in the Enhanced Regulatory Outreach Program’s standard process.
•
A vote in favor will allow the case to move to the next step in the EROP process.
•
A vote in opposition will end the EROP case.
Wastewater Treatment Plants in Maricopa County
Questions
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12/16/2025
Thank You
Andy Linton
Director
Maricopa County Environmental Services
Andy.Linton@maricopa.gov
(602) 506-5211
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2/26/2026
V
Wastewater Treatment Plants
STAKEHOLDER
WORKSHOP
V
ES-2025-005
v
2
AGENDA
Background
Purpose of Proposed Code Change
Proposed Revisions to Code
Next Steps and Enhanced Regulatory Outreach
Program (EROP) Information
Stakeholder Questions
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.
3
4
Proposal
•
Maricopa County Environmental Services (ESD) proposes to remove regulations
related to wastewater treatment plants from the Maricopa County Environmental
Health Code (MCEHC).
•
By removing these requirements, engineering design reviews/approvals and
operational permits/inspections of wastewater treatment plants would no longer be
conducted by ESD.
Proposed Change
5
Background
• ESD regulates wastewater treatment plants by:
o Conducting engineering design reviews and issuing Approvals to Construct (ATC)
& Approvals of Construction (AOC).
o
Verifying conformance with MAG 208.
o Conducting routine operational inspections & monthly reviews of water quality
reports.
Wastewater Treatment Plants
6
Background
Treatment Program Budget
Revenue
Expenses
Fund
$150,052
$167, 131
Operating
$329,973
$755,355
Plan Review
$480,024
$922,486
Totals
-$442,462
Difference
1
2
3
4
5
6
75
2/26/2026
7
Background
•
Regulatory activities related to wastewater treatment plants are not delegated to
Maricopa County.
•
ESD regulates wastewater treatment plants under the authority of the Maricopa County
Environmental Health Code (MCEHC).
•
As a result, both ESD and the Arizona Department of Environmental Quality (ADEQ)
regulate wastewater treatment plants in Maricopa County. Much of the regulatory
oversight is duplicative.
Authority/Mandates
8
Background
•
Maricopa County is the only county in Arizona that has its own wastewater treatment
plant engineering review program.
•
Customers are required to submit engineered plans to both ESD and ADEQ, and regular
operational inspections are conducted at the facilities by both departments.
•
The duplication of work means additional time, cost, and complexity for customers.
•
ARS 11-1604 – “avoid duplication of other laws…and dual permitting to the maximum
extent practicable.”
Duplicative Regulatory Activities
9
Outcome
•
ESD would remove duplicative oversight by discontinuing engineering design reviews
and inspections of wastewater treatment plants.
o
ESD will continue reviews/approvals for wastewater infrastructure and
water treatment plants, as currently delegated from ADEQ.
o
ADEQ will continue reviews and approvals for wastewater treatment plants
in Maricopa County, including issuance of Aquifer Protection Permits
(APP), verification of conformance with MAG 208, and operational
inspections.
Result of proposed change
10
Stakeholder Input
•
December 16, 2025 stakeholder workshop:
o Ten (10) stakeholders were in attendance.
o Comments received from stakeholders during the meeting were supportive; there
were no comments in opposition.
•
January 26, 2026 Board of Health approval to continue EROP process
•
No written comments have been received to date.
•
2025 Ad Hoc Stakeholder Task Force discussions identified duplicative oversight.
Wastewater Treatment Plants in Maricopa County
REGULATION 1. Definitions
e.
"Disposal system" or "sewage works" means any system for the disposal of sewage and other wastes, either by surface or
underground methods, including, but not limited to, individual sewage disposal systems, waste treatment works, privies,
chemical toilets, incinerator toilets or privies, and public or franchised sewerage systems and wastewater reclamation
systems.
11
Proposed Code Changes
Maricopa County Environmental Health Code Chapter II
….
x. "Treatment works" shall mean any treatment plant, disposal system, lagoon, or other works used for the purpose of treating,
stabilizing, holding, or disposing of sewage or industrial wastes.
y.
x. "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may
pollute or tend to pollute any waters of the County. The term "wastes" does not include agricultural irrigation and drainage
waters, for which water quality standards shall have been established by the state.
z.
y. "Wastewater" means sewage, and waterborne industrial wastes.
aa. z. "Wastewater Reclamation or Reuse System" means the wastewater treatment works and the entire Reuse/Reclamation and
Distribution System for the use of reclaimed wastewater.
REGULATION 2. General Provisions
a.
All sewage, refuse, human excreta, and other wastes shall be kept, transported, treated, disposed of, or reclaimed by a method or
methods which are in compliance with these regulations, and at sites which are approved by the Department.
….
h. Minimum design guidelines for sewage systems, including septic tank systems, and treatment works are found in the engineering
bulletins of the Department, and Arizona Departments of Health Services and Environmental Quality.
….
n. The Environmental Health Officer shall be permitted to make and he shall make such inspections of any place, premises, container,
process, equipment or vehicle used for the collection, storage, transportation, treatment, disposal or reclamation of sewage,
industrial wastes or refuse as are necessary to insure compliance with these regulations.
12
Proposed Code Changes
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11
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Continued
o. Discontinued facilities.
(1) Every cesspool, septic tank and seepage pit and waste treatment works which has been abandoned or has been discontinued
otherwise from further use or to which no waste or soil pipe from a plumbing fixture is connected, shall have the sewage
removed there from and be completely filled with the earth, sand, gravel, concrete or other approved material.
(2) The top cover or arch over the cesspool, septic tank, or seepage pit or waste treatment works shall be removed before filling
and the cesspool, septic tank or seepage pit shall be filled to the level of the top of the ground.
….
13
Restaurants
Proposed Code Changes
REGULATION 4. Permit Required
No waste treatment works or wastewater reclamation system shall be operated or maintained in Maricopa County without a permit
in force by the Department.
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Restaurants
Proposed Code Changes
SEWAGE AND WASTE TREATMENT WORKS
REGULATION 1. Approval to Construct
a. No person may begin construction of any Sewerage system, septic tank system, treatment works, Nonhazardous Liquid Waste
Transfer Facility, reclamation system, or extensions of works or systems, or make any change that affects capacity, quality, flow,
or location or operational performance of a system, and no person may install any process, device, or equipment, either in whole
or in part, prior to receiving an "Approval to Construct" document from the Department. Application for an "Approval to
Construct" shall be submitted to the Department at least 30 days prior to the date upon which Department approval is desired. For
septic tank systems, the application shall be submitted at least 5 working days prior to the date upon which Department approval
is desired.
Continued
….
e. All plan documents submitted to the Department, except septic systems less than 2,000 gallons per day, must have been prepared
by, or under the supervision of a currently registered Arizona professional engineer. The engineer shall affix his signature and
Arizona seal of registration to all plans submitted for approval and shall certify in writing that the plan documents comply with
these regulations and in principle with the criteria contained in the Engineering Bulletins. A non-registrant may design a wastewater
treatment plant, or extensions, additions, modifications or revisions, or extensions to collection systems, if the total cost value of
such construction does not exceed twelve thousand five hundred dollars, as cost estimate for material and labor shall be submitted
with plan documents.
f. Plans and specifications submitted to the Department will be reviewed and, if found satisfactory, the Department will issue an
"Approval to Construct". If construction has not substantially started within one year after the date of issuance of the "Approval to
Construct", or if there is a halt in construction of more than one year, or if construction is not completed within three two years after
the date of issuance, the "Approval to Construct" will be void, unless an extension of time has been granted in writing by the
Department.
15
Restaurants
Proposed Code Changes
Continued
….
i.
The Department shall not issue approval for any sewerage system or waste and/or sewage treatment works which is not in
conformance with the certified water quality management plan and facility plan that prescribes a particular sewerage system
and waste and/or sewage treatment work configuration for sewage management by a designated management agency within a
service area. If no facility plan is applicable, the certified water quality management plan shall be utilized by the Department
to determine conformance.
j.
The Department may issue an approval for sewerage system or waste and/or sewage treatment works which is consistent with
general plans prepared for an area when no sewerage system and waste and/or sewage treatment works configuration is
prescribed in the certified water quality management plan. The Department shall confer with both the designated water quality
planning agency for the area and the responsible and impacted governmental units to determine consistency with the general
plans.
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Restaurants
Proposed Code Changes
REGULATION 2. Final Approval of Construction
….
b.
The following requirements shall be satisfactorily met before an approval of construction will be issued by the Department
on a newly constructed, altered, or expanded sewerage system or waste and/or sewage treatment works, including
wastewater reclamation systems, but excluding septic tank systems.
….
(2) An Operator, certified by the State of Arizona pursuant to A.A.C. R18-5-105, is employed to operate the Sewerage
system or waste and/or Sewage Treatment Works pursuant to the General Requirements in A.A.C. R18-5-104 and in
compliance with Chapter II, Section 9 of this Code.
(3) An Operation and Maintenance manual is submitted to and approved by the Department for newly constructed,
altered, or expanded Sewerage Systems (except municipal collection systems) or waste and/or Sewage Treatment
Works, including Wastewater Reclamation Systems, new sewage treatment systems, or substantial modifications
thereto.
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Proposed Code Changes
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.
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Proposed Code Changes
13
14
15
16
17
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2/26/2026
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. 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.
19
Proposed Code Changes
REGULATION 5. 4. Minimum Requirements for Sewerage Systems
….
b. For systems that treat, or which are designed to treat greater than 10,000 gallons/day, a standby power source shall be
provided at all sewage treatment systems and/or pump stations where a temporary power failure may allow a discharge of
raw or partially treated sewage. Standby power may be via a standby generator, separate feeders from separate substations, a
loop feeder on separate transformers from a common substation, or a high-level alarm with portable generators. Standby
power also shall be provided to any sewage treatment systems and/or pump stations, regardless of size, if a temporary power
failure may allow a discharge into surface waters classified as "Unique Waters", by the Arizona Department of
Environmental Quality.
c. b. The structures and electrical and mechanical equipment of sewage treatment systems and pump stations shall be protected
from physical damage from a 100-year flood, if the plans for such were submitted for approval after the effective date of
this Regulation. Flood protection shall be designed such that treatment works and pump stations will remain fully
operational during a 25-year flood. Walls or berms of adequate size may be constructed where necessary to provide
protection. Flood protection approval must be obtained from the appropriate Flood Control District before an approval to
construct will be issued.
d. All treatment works with greater than 100,000 gallons/day capacity shall be provided with the necessary equipment to
indicate record and totalize the volume of wastewater being treated. Treatment plants with less than 100,000 gallons/day
capacity are required to indicate flow.
20
Proposed Code Changes
CLASSIFICATION OF WASTEWATER TREATMENT PLANTS SEWERAGE SYSTEMS AND REQUIREMENTS
FOR CERTIFIED OPERATORS
REGULATION 1. Adoption of Classification of Water and Wastewater Facilities and Certification of Operators
The following Article of the Arizona Administrative Code ("A.A.C") including revisions, technical corrections, and
supplements published as of March 31, 2025 is incorporated by reference:
Title 18, Chapter 5, Article 1.
Definitions
a. "Certified Operator" means an operator who holds a current certificate issued by the Arizona Department of Environmental
Quality in the field of wastewater treatment, or wastewater collection.
b. "Collection system" means pipelines, conduits, pumping stations, force mains, and all other devices, appurtenances and
facilities used for collecting and conducting wastewater to a central point for treatment and disposal.
c. "Director" means the Director of the Maricopa County Department of Health Services or his authorized agent.
d. "Direct Responsible Charge" means day-to-day decision making responsibility for a wastewater treatment plant, collection
system, or effluent distribution system, or a major portion of such a facility.
21
Proposed Code Changes
e. "Effluent Distribution System" means the pipelines, appurtenances, devices and facilities of a reclaimed wastewater system
which conduct effluent from a wastewater treatment plant to a point of final reuse.
f. "Facility" means a wastewater treatment plant, effluent distribution system, or collection system.
g. "On-site Operator" means an operator who visits a facility at least daily, for the purpose of ensuring that it is operating
properly.
h. "Operator" means a person who is responsible for the actual day-to-day operation of a facility or a portion thereof. This
includes the operator of a remote control system in which the operator is in direct control of the entire system or a portion
thereof from a central location. It also includes the chief operator who supervises the operation of the facility. The term
operator includes both on-site and remote operators and defined in this section.
i. "Population Equivalent" means the population which would contribute an equal amount of biochemical oxygen demand
(BOD) computed on the basis of 0.17 pounds of five-day, 20-degree centigrade BOD per capita per day.
j. "Remote operator" means an operator who is not an on-site operator.
22
Proposed Code Changes
e. "Effluent Distribution System" means the pipelines, appurtenances, devices and facilities of a reclaimed wastewater system
which conduct effluent from a wastewater treatment plant to a point of final reuse.
f. "Facility" means a wastewater treatment plant, effluent distribution system, or collection system.
g. "On-site Operator" means an operator who visits a facility at least daily, for the purpose of ensuring that it is operating
properly.
h. "Operator" means a person who is responsible for the actual day-to-day operation of a facility or a portion thereof. This
includes the operator of a remote control system in which the operator is in direct control of the entire system or a portion
thereof from a central location. It also includes the chief operator who supervises the operation of the facility. The term
operator includes both on-site and remote operators and defined in this section.
i. "Population Equivalent" means the population which would contribute an equal amount of biochemical oxygen demand
(BOD) computed on the basis of 0.17 pounds of five-day, 20-degree centigrade BOD per capita per day.
j. "Remote operator" means an operator who is not an on-site operator.
k. "Wastewater Treatment Plant" means processes, devices and structures used for the purpose of treating or stabilizing
wastewater or industrial waste and disposing of the effluent.
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Proposed Code Changes
REGULATION 2. Exemptions
Owners of the following facilities are exempt from the requirements of this section:
a. "Non-Community" septic tanks and collection system discharging to "Non-Community" septic tanks.
b. Any collection system serving a population of fewer than 2,500 persons which discharges into a facility which is operated by
a certified operator.
c. Any collection system serving a nonresident population and discharging into a collection system operated by a certified
operator.
d. Agricultural or industrial wastewater facilities used to treat, recycle, or impound industrial or agricultural wastes within the
boundaries of the industrial or agricultural property.
e. Industrial waste pretreatment facilities in which treated wastewater is released to a collection system or wastewater treatment
plant which is regulated by these regulations.
f. Facilities for treating industrial wastes which are not treatable by biological means.
g. Wastewater treatment devices serving an individual home.
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Proposed Code Changes
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2/26/2026
REGULATION 3. General Requirements
a. The owner or the purveyor of services shall utilize the services of a certified operator of the require classification for each
facility for the purpose of assuring that the facility is operating properly. The certified operator shall have direct responsible
charge of the operation of the wastewater treatment plant, or the collection or effluent distribution system. Any owner or
purveyor who meets the requirements for certification may become certified as operator of the facility for which he has direct
responsible charge. The Chief Operator or Superintendent in direct responsible charge shall be certified at the grade of the
facility. Shift foremen or other operators in charge of the facility in the absence of the Chief Operator or Superintendent shall
be certified at a grade no lower than one grade below the grade of the facility.
b. It is the facility owner's responsibility to ensure that the name of the required certified operator is on file at all times with the
Department. If the owner of a facility replaces the designated operator with another operator, the new operator shall be
properly certified at the time he begins operation of the facility. The owner shall notify the Department in writing within ten
days of the date of the replacement. The certified operator shall notify the Department in writing within ten days of the date he
ceases operation of a facility and within ten days after he commences operation of any facility.
c.
There are three types of facilities:
(1)
Wastewater Treatment Plants,
(2)
Collection Systems, and
(3)
Effluent Distribution Systems.
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Proposed Code Changes
All facilities shall be classified according to type of facility, population or population equivalent served, flow, and complexity
of treatment as described in these regulations.
d.
There are four grades of classification, with grade-4 being the highest. T he Department may change the
classification of a p articular facility by reason of the incorporation in the facility of special features of design or characteristics
more difficult to operate than usual, or by reason of wastewater unusually difficult to treat, or by reason of effluent reuse or
other potential health factors. In multi-facility systems, each facility shall be classified according to complexity and the total
population or population equivalent served or flow rate.
e.
A person holding certification in any particular type and grade is permitted to operate all facilities in that particular
type and grade and any lower grade.
f.
Each facility requires the services of an on-site operator certified at the grade of the facility. An operator may
operate one or more facilities as a remote operator under the following conditions:
(1)
The remote operator is certified at or above the grade of the facility.
(2)
Each facility, except a grade-1 facility, has an on-site operator certified at a level no lower than one
grade below the grade of the facility. A grade-1 facility requires an on-site representative, who is not required to be
certified.
(3)
The remote operator personally instructs the on-site operator or representative in proper operation and
maintenance of each facility, provides him with written instructions, and assures that adequate records are kept.
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Proposed Code Changes
(4)
The remote operator provides the on-site operator or representative with a telephone number or numbers at which
he can be reached at all times.
(5)
The remote operator resides no more than three hours travel time from any facility which he serves as remote
operator.
(6)
The facility operated by the remote operator is operating in compliance with all applicable regulations.
(7)
The remote operator personally inspects a f acility as often as necessary to assure proper operation and
maintenance, but in no case less than the following:
(a)
Grade-1 wastewater treatment plants - monthly.
(b)
Collection systems serving fewer than 2,500 people - bimonthly.
(c)
Grade-2 wastewater treatment plants serving less than 1,000 pe ople -weekly.
(d)
Grade-2 wastewater treatment plants serving greater than 1,000 people, and all grade-3 and grade-4 wastewater
treatment plants - daily.
g. The owner or the purveyor of services for any facility is in violation of this section if the facility is operated in a manner
which violates County or State Rules and Regulations for the protection of water quality and the environment.
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Proposed Code Changes
REGULATION 4. Classification of Wastewater Treatment Plants, Collection Systems, and Effluent Distribution
Systems
a.
Treatment plants shall be classified according to population equivalent served, flow, degree of hazard to public
health, type of facility and degree of treatment, as specified in this section.
(1)
Grade-1 includes:
(a) Stabilization ponds serving fewer than 2,000 persons and treating a flow of 200,000 gallons per day or less.
(b) Any wastewater treatment facility not designated as grade-2-3, or 4.
(2)
Grade-2 includes:
(a) Stabilization ponds serving more than 2,000 pe rsons or treating a flow greater than 200,000 gallons per day, and
(b) All aerated lagoons, and
(c) All facilities employing biological treatment based upon the activated sludge principle, or trickling filters,
designed to serve a population equivalent of fewer than 5,000 persons and treating a flow of 500,000 gallons per day
or less, except as provided in Paragraph a.(3) (c) of this regulation
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Proposed Code Changes
(3)
Grade-3 includes:
(a)
All facilities employing biological treatment based upon the activated sludge principle designed to serve
a population equivalent of 5,000 t o 20,000 persons or treating a flow between 500,000 and 2,000,000 gallons per
day, and
(b)
All facilities employing trickling filtration designed to serve a population equivalent of 5,000 to 25,000
persons, or treating a flow between 500,000 and 2,500,000 gallons per day, and
(c)
Variations of activated sludge requiring specialized knowledge including, but not limited to, contact
stabilization and sequencing batch reactors serving any population equivalent of up t o 20,000 pe rsons and treating
a flow rate of up to 2,000,000 gallons per day.
(4)
Grade-4 includes:
(a)
All facilities employing biological treatment based upon the activated sludge principle designed to serve
a population equivalent greater than 20,000 persons, or treating a flow greater than 2,000,000 gallons per day, and
(b)
All facilities employing trickling filtration designed to serve a population equivalent greater than 25,000
pe rsons, or treating a flow greater than 2,500,000 gallons per day.
(c)
Variations of activated sludge requiring specialized knowledge including, but not limited to, contact
stabilization and sequencing batch reactors serving any population equivalent greater than 20,000 persons or
treating a flow rate greater than 2,000,000 gallons per day.
(5)
Facilities requiring tertiary treatment or nutrient removal shall be graded one level higher than the minimum grade
based upon population equivalent or flow.
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Proposed Code Changes
b.
Until July 1, 1991, t he following classification of collection and effluent distribution systems shall apply. Ordinarily,
collection and effluent distribution systems are considered as a part of the treatment facility; however, where such a co
nveyance facility is separated from treatment, either in jurisdiction or in responsibility, the collection and/or effluent
distribution system is classified as grade 1.
c.
Classification of wastewater collection and effluent distribution systems. Effluent distribution systems shall be
operated by a graded wastewater collection operator. Beginning on July 1, 1991, collection and effluent distribution
systems shall be classified by population served, as follows:
GRADE
POPULATION
1
0 - 2,500
2
2,501 - 10,000
3
10,001 - 25,000
4
More than 25,000
d. By July 1, 1991, e ach owner or a purveyor of services for a collection or effluent distribution system shall have the services
of an operator certified at the grade of the system as reclassified under these regulations.
e. Effluent distribution systems shall be operated by a graded wastewater collection operator.
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Proposed Code Changes
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79
2/26/2026
BOS formal hearing
6/24/26
Timeline
11/13/25
Brief BOS
08.26.24
Begin EROP case &
stakeholder outreach
04.21.25
First Board of Health
meeting
2/17/26 – 3/17/26
Additional stakeholder
outreach
12/16/25
1/26/26
Second Board of Health
meeting
4/27/26
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Enhanced Regulatory Outreach Program (EROP)
Maricopa.gov/Regulations
33
ES-2025-005 (Wastewater
Treatment Plants)
ES-2025-005 (Wastewater Treatment Plants)
33
Enhanced Regulatory Outreach Program (EROP)
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
ENHANCED REGULATORY
OUTREACH PROGRAM (EROP)
34
Get involved
Stakeholder Questions
35
Thank You
Ryan Hall
Water and Waste Management Division Manager
Ryan.Hall@maricopa.gov
602-918-1241
Andy Linton
Director
Andy.Linton@maricopa.gov
602-506-5211
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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
Wastewater Treatment Plants
Date: December 16, 2025
Stakeholder Present: Amy Baker –City of Glendale, Megan Sheldon – City of Glendale, Karla Camou
Guerra – City of Glendale, Andrea Cooper – City of Phoenix, Hilary Hartline – City of Phoenix,
Christina Hoppes – City of Tempe, Juie Hoffman – Maricopa Association of Governments, Jen
Hetherington – City of Mesa, Alexis Camberos – Denali Water, Phil Garcia
Staff Present: Andy Linton – Director, Robert Stratman – Deputy Director, Sylvie Donaldson –
Administrator, Ryan Hall – Water & Waste Management Division Manager, Sujana Attaluri –
Water/Wastewater Treatment Program Manager, Logan Peiman – Business & Community Liaison
Presenter: Andy Linton
Minutes*: Andy Linton covered the Enhanced Regulatory Outreach Program (EROP) process and
how stakeholders can stay informed on this and other upcoming cases. He further explained that
Inspection and regulation of wastewater treatment plants are not delegated to the Maricopa County
Environmental Services Department (Department) by the Arizona Department of Environmental
Quality (ADEQ). Currently, the Department conducts regulatory activities related to wastewater
treatment plants under the authority of the MCEHC. ADEQ also regulates wastewater treatment
plants in Maricopa County, requiring an Aquifer Protection Permit, and believes the Department’s
program overlaps. The Department proposes eliminating the County requirement for construction
and operation permits for wastewater treatment plants to avoid duplicative oversight with ADEQ.
Karla Camou Guerra with City of Glendale asks, are lift stations considered under the collection
system?
Andy Linton says yes, this would continue to be regulated.
Megan Sheldon with the City of Glendale asks, if there is an existing wastewater project under
construction, what would be the process to finish the project with the County or transfer it to ADEQ?
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81
Environmental Services Department
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
P: 602.506.6616
E: esd@maricopa.gov
Maricopa.gov/enviro
––
Andy Linton says there would be no transfer to ADEQ, as it's already required by ADEQ. There would
be no additional downtime. It would end the process completely at Maricopa County.
Andrea Cooper with the City of Phoenix asks if the operating permit renewal would still be required?
Andy Linton says no; if approved in July 2026, then an operating permit would no longer be required.
Andrea Cooper asks if the monthly operating reports would be required?
Andy Linton says that as this is a part of the operational inspection review, it would no longer be
required.
Amy Baker with City of Glendale asks, in some places the water reclamation system terminology
has been stricken. What would the County’s role be related to reuse permits? The City of Glendale
receives a permit from the Arizona Department of Environmental Quality (ADEQ).
Ryan Hall states that, given the current wording of the cross-outs, the Department would still permit
reuse facilities. When discussing with ADEQ, it became apparent that there was overlap with these
permits. This is also a function not delegated to the Department. The Department can look into this
further.
Megan Sheldon says, this doesn’t include collection systems. Is there a plan to explore other
duplicative programs in the future?
Andy Linton says that collection systems are delegated to the Department by ADEQ, so ADEQ
should not perform any activities related to collection systems.
Meeting adjourned.
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82
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
Wastewater Treatment Plants
Date: February 26, 2026
Stakeholder Present: Beth Price – City of Tempe, Phil Garcia –City of Tempe, Andrea Cooper – City
of Phoenix, Laura Hall – City of Phoenix, Stephanie Long – City of Phoenix, Lynn Ogata – City of
Phoenix, Gabriel Lee – City of Avondale, Krystal Heyer – City of Scottsdale, Amy Baker – City of
Glendale, Taylor Pierce – Pacewater
Staff Present: Andy Linton – Director, Darcy Kober – Assistant County Manager, Sylvie Donaldson –
Administrator, Ryan Hall – Water & Waste Management Division Manager, Sujana Attaluri –
Water/Wastewater Treatment Program Manager, Logan Peiman – Business & Community Liaison
Presenter: Andy Linton
Minutes*: Andy Linton covered the Enhanced Regulatory Outreach Program (EROP) process and
how stakeholders can stay informed on this and other upcoming cases. He further explained that
Inspection and regulation of wastewater treatment plants are not delegated to the Maricopa County
Environmental Services Department (Department) by the Arizona Department of Environmental
Quality (ADEQ). Currently, the Department conducts regulatory activities related to wastewater
treatment plants under the authority of the MCEHC. ADEQ also regulates wastewater treatment
plants in Maricopa County, requiring an Aquifer Protection Permit, and believes the Department’s
program overlaps. The Department proposes eliminating the County requirement for construction
and operation permits for wastewater treatment plants to avoid duplicative oversight with ADEQ.
Andrea Cooper with City of Phoenix says she is supportive of removing the duplicative effort. MORs
are normally required to be submitted to the county. Will ADEQ require the MORs to be sent to them
instead?
Ryan Hall says, the MORs would no longer be required to be submitted to the Department if the case
is approved. ADEQ would not change their process or requirements if the Department’s case
passes.
83
Environmental Services Department
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
P: 602.506.6616
E: esd@maricopa.gov
Maricopa.gov/enviro
Andrea Cooper asks if the City of Phoenix would start paying ADEQ for operating permits?
Ryan Hall says there would not be any changes to ADEQ. Sujana Attaluri adds that says yes, ADEQ
would still have an annual APP operational fee.
Andy Linton says this case has no bearing on any requirements ADEQ has. The Department has not
received word that they are changing any of their processes.
Amy Baker with the City of Glendale asks, Will Sewer lines, lift stations, and capacity assurance for
sewer lines be submitted to the Department?
Andy Linton says any sewer infrastructure, like lift stations, sewer mains, and capacity assurances
are delegated to the Department, and there will be no changes with these delegations.
Amy Baker asks, is this the same with reclaimed water lines design and construction?
Ryan Hall says, this will not change anything with the reclaimed conveyance lines, which will still
require a review from the Department.
Meeting adjourned.
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