49-255. Definitions
In this article, unless the context otherwise requires:
1. " AZPDES" means the Arizona pollutant discharge elimination system program as adopted under section 402(b) of the clean water act for WOTUS and under section 49-255.04 for non-WOTUS protected surface water.
2. " Discharge" :
(a) Means any addition of any pollutant to protected surface waters from any point source.
(b) Does not include the addition of dredged material or fill material to non-WOTUS protected surface waters.
3. " Indirect discharge" means either of the following:
(a) The introduction of pollutants into a publicly owned treatment works from any nondomestic source that is regulated under section 307(b), (c) or (d) of the clean water act.
(b) For a publicly owned treatment works that discharges to non-WOTUS protected surface waters, the introduction of pollutants from any nondomestic source that would be regulated under section 307(b), (c) or (d) of the clean water act if the publicly owned treatment works were to discharge to a WOTUS.
4. " Industrial user" means a source of indirect discharge.
5. " Publicly owned treatment works" means a treatment works owned by this state or a municipality of this state as defined in section 502(4) of the clean water act or that discharges to a protected surface water.
6. " Sewage sludge" :
(a) Means solid, semisolid or liquid residue that is generated during the treatment of domestic sewage in a treatment works.
(b) Includes domestic septage, scum or solids that are removed in primary, secondary or advanced wastewater treatment processes, and any material derived from sewage sludge.
(c) Does not include ash that is generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings that are generated during preliminary treatment of domestic sewage in a treatment works.
7. " Treatment works" means any devices and systems that are used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, the elements essential to providing a reliable recycled supply such as standby treatment units and clear well facilities, and any works that will be an integral part of the treatment process or that are used for residues resulting from that treatment. For the programs required by sections 49-255.02 and 49-255.03, treatment works include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and any appurtenances, extensions, improvements, remodeling, additions and alterations.
8. " Upset" :
(a) Means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit discharge limitations because of factors that are beyond the reasonable control of the permittee.
(b) Does not include noncompliance to the extent that it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.