R18-11-113. Effluent-Dependent Waters

A. The Director shall classify a surface water as an effluent- dependent water by rule. B. The Director may adopt, under R18-11-115, a site-specific water quality standard for an effluent-dependent water. C. Any person may submit a petition for rule adoption requesting that the Director classify a surface water as an effluent-dependent water. The petition shall include: 1. A map and a description of the surface water; 2. Information that demonstrates that the surface water consists of a point source discharge of wastewater; and 3. Information that demonstrates that, without a point source discharge of a wastewater, the receiving water is an ephemeral water. D. The Director shall use the water quality standards that apply to an effluent-dependent water to derive water quality-based effluent limits for a point source discharge of wastewater to an ephemeral water. E. The Director may use aquatic and wildlife (edw) acute standards only to derive water quality based effluent limits for a sporadic, infrequent, or emergency point source discharge to an ephemeral water or to an effluent-dependent water. The Director shall consider the following factors when deciding whether to apply A&Wedw (acute) standards: 1. The amount, frequency, and duration of the discharge; 2. The length of time water may be present in the receiving water; 3. The distance to a downstream water with aquatic and wildlife chronic standards; and 4. The likelihood of chronic exposure to pollutants. F. The Director may establish alternative water quality-based effluent limits in an AZPDES permit based on seasonal differences in the discharge.