R18-11-102. Applicability

A. The water quality standards prescribed in this Article apply to surface waters. B. The water quality standards prescribed in this Article do not apply to the following: 1. A waste treatment system, including an impoundment, pond, lagoon, or constructed wetland that is a part of the waste treatment system; 2. A man-made surface impoundment and any associated ditch and conveyance used in the extraction, beneficiation, or processing of metallic ores that is not a surface water or is located in an area that once was a surface water but is no longer a surface water because it has been and remains legally converted, including: a. A pit, b. Pregnant leach solution pond, c. Raffinate pond, d. Tailing impoundment, e. Decant pond, f. Pond or a sump in a mine pit associated with dewatering activity, g. Pond holding water that has come into contact with a process or product and that is being held for recycling, h. Spill or upset catchment pond, or i. A pond used for onsite remediation; 3. A man-made cooling pond that is neither created in a surface water nor results from the impoundment of a surface water; or 4. A surface water located on tribal lands.