Statutes and Definitions
 

The Arizona Department of Water Resources (ADWR) is authorized to inspect wells for vertical cross-contamination and, in consultation with the Arizona Department of Environmental Quality (ADEQ), to conduct remedial actions regarding vertical cross-contamination (A.R.S. § 45-605[A]). Statutory authority for well inspections was included in Senate Bill (S.B.) 1452 (1997 First Regular Legislative Session, Chapter 287) in A.R.S. §§ 45-605 and 49-282.04.   Funding for this directive is through the Water Quality Assurance Revolving Fund (WQARF) that was established by the State of Arizona in 1986 to conduct remedial actions at state Superfund groundwater contamination sites.
 

Statutes

Title 45, Article 10 - Wells
45-594 - Well construction standards; remedial measures
45-596; Version 2 - Notice of intention to drill
45-596 - Notice of intention to drill
45-605 - Well inspections; cross-contamination; remedial measures; definition

Title, 49, Article 5 - Remedial Actions
49-281 - Definitions
49-282 - Water quality assurance revolving fund
49-282.01 - Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund; definitions
49-282.02 - Water quality assurance revolving fund; emergency response use; definitions
49-282.03 - Interim remedial actions; reimbursement of the fund; rules
49-282.04 - Cross-contamination inspection; remedial measures
49-282.05 - Agreements for work; suspension of remedial action
49-282.06 - Remedial action criteria; rules
49-283 - Responsible party liability exemptions; definitions
49-283.01 - Remediated water; liability; definitions
49-283.02 - Petroleum liability
 

Definitions

Vertical cross-contamination is defined under A.R.S. §45-605(A) by reference to A.R.S. § 49-281[15], to mean “the vertical migration of released hazardous substances in groundwater through a well from an aquifer or aquifer layer to another aquifer or aquifer layer”.  As stated under A.R.S. §45-605 [H], “vertical cross-contamination” has the same meaning as Title 49, Chapter 2. Water Quality Control, Article 5. Remedial Actions, 281 Definitions., A.R.S. § 49-281.

Hazardous substances are defined under A.R.S. §49-281 as having “the same meaning as prescribed in A.R.S. §49-201, but does not include petroleum as defined in A.R.S. § 49-1001, except to the extent that a constituent of petroleum is subject to the provisions of A.R.S. § 49-283.02.”  Under A.R.S. § 49-283.02, the extent of a release of a hazardous substance subject to Article 5, is the release that is not otherwise subject to other programs of cleanup and has migrated in the groundwater beyond the property boundary.

Under A.R.S. § 49-201 a hazardous substance is defined by:

18. "Hazardous substance" means:

(a) Any substance designated pursuant to sections 311(b)(2)(A) and 307(a) of the clean water act.

(b) Any element, compound, mixture, solution or substance designated pursuant to section 102 of CERCLA.

(c) Any hazardous waste having the characteristics identified under or listed pursuant to section 49-922.

(d) Any hazardous air pollutant listed under section 112 of the federal clean air act (42 United States Code section 7412).

(e) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the federal toxic substances control act (15 United States Code section 2606).

(f) Any substance which the director, by rule, either designates as a hazardous substance following the designation of the substance by the administrator under the authority described in subdivisions (a) through (e) of this paragraph or designates as a hazardous substance on the basis of a determination that such substance represents an imminent and substantial endangerment to public health.

A.R.S. § § 45-561 and 45-802.01. Definitions 1. "Aquifer" means a geologic formation that contains sufficient saturated materials to be capable of storing water and transmitting water in usable quantities to a well

A.R.S. § 49-201. Definitions   2. "Aquifer" means a geologic unit that contains sufficient saturated permeable material to yield usable quantities of water to a well or spring.

A.A.C. R12-15-801. Definitions. 2. "Aquifer" means an underground formation capable of yielding or transmitting usable quantities of water.

The term ‘aquifer layer or boundary’ is not defined in either statute or rule.  Thus, for the purposes of this program it is being interpreted to mean a change in aquifer properties indicated by a difference in hydraulic conductivity between adjacent aquifer layers that is at least greater than two orders of magnitude (100 times greater).

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