Ariz. Admin. Code § 18-5-505

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-5-505 - Approval to Construct

A. The Department shall only approve an addition or a water main extension to a public water system that is in compliance with this Chapter or is making satisfactory progress towards compliance under a schedule approved by the Department. The Department shall approve a properly designed modification that can be expected to return a public water system to compliance.

B. A person shall not start to construct a new public water system, modify an existing facility, including an extension to an existing public water system, or make an alteration that will affect the treatment, capacity, water quality, flow, distribution, or operational performance of a public water system before receiving an Approval to Construct from the Department. Designing or consulting engineers may confer with the Department before proceeding with detailed designs of complex or innovative facilities. The following provisions shall apply:

1. An application for Approval to Construct, including the following documents and data, shall be submitted to the Department:

a. Detailed construction plans of the site and work to be done, presented in legible form and of sufficient scale, to establish construction requirements to facilitate effective review;

b. Complete specifications to supplement the plans;

c. A design report that describes the proposed construction and basis of design, provides design data and other pertinent information that defines the work to be done, and establishes the adequacy of the design to meet the system demand;

d. Analyses of a proposed new source of water that include:

i. Microbiological; physical; radiochemical; inorganic, organic, and volatile organic chemicals; and

ii. Microscopic particulates if the source meets the criteria of R18-4-301.01(A); and

e. Other pertinent data required to evaluate the application for Approval to Construct.

2. All plans, specifications, and design reports submitted for a public water system shall be prepared by, or under the supervision of, a professional engineer registered in Arizona and have the seal and signature of the engineer affixed to them, except that an engineer not registered in Arizona may design a water treatment plant or additions, modifications, revisions, or extensions, which include extensions to potable water distribution systems, if the total cost of the construction does not exceed $12,500 for material, equipment, and labor, as verified by a cost estimate submitted with plan documents.

3. An existing public water system shall be exempt from the plan review requirements of this Article if the public water system is in compliance with this Chapter or is making satisfactory progress towards compliance under a schedule approved by the Department if the applicable structural revision, addition, extension, or modification:

a. Has a project cost of $12,500 or less; or

b. Is made to a water line that:

i. Is not for a subdivision requiring plat approval by a city, town, or county;

ii. Has a project cost of more than $12,500 but less than $50,000; and

iii. Has a design that is sealed and signed by a professional engineer registered in Arizona and the construction of which is reviewed for conformance with the design by a professional engineer registered in Arizona.

4. Upon completion of a project exempt from the plan review requirements of this Article pursuant to subsection (B)(3), the public water system shall submit a notice of compliance which contains:

a. A fair market value cost estimate for the project,

b. The name of the design engineer and the review engineer, and

c. The project completion date and the total construction time.

C. The Department shall act upon a complete Approval to Construct application submitted for approval within 30 days after its receipt.

D. The Department shall issue an Approval to Construct only when the following conditions have been met:

1. Plans and specifications submitted to the Department demonstrate that the proposed public water system reasonably can be expected to comply with this Chapter, including the MCLs in Article 2; and

2. The water system is in compliance with this Chapter or reasonably can be expected to return to compliance with this Chapter as a result of the proposed construction.

E. An Approval to Construct becomes void if an extension of time is not granted by the Department within 90 days after the passage of one of the following:

1. Construction does not begin within one year after the date the Approval to Construct is issued, or

2. There is a halt in construction of more than one year, or

3. Construction is not completed within three years after the date construction begins.

Ariz. Admin. Code § R18-5-505

Section recodified from R18-4-505 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).