49-290.02. Applicability of Arizona department of water resources requirements; metal mining facilities

A. A metal mining facility conducting mitigation activities pursuant to an order issued by the director of environmental quality pursuant to section 49-286 shall obtain and comply with applicable permits, approvals or other authorizations required by the department of water resources. On consultation with the director of environmental quality, the director of water resources may waive its applicable permits, approvals or authorizations if the director of water resources determines that the permit, approval or other authorization unreasonably limits the completion of mitigation activities undertaken by a metal mining facility pursuant to an order issued pursuant to section 49-286 and if the waiver does not conflict with the statutory intent of the permit, approval or other authorization. The department of water resources shall expedite the processing and issuance of permits, approvals or authorizations to facilitate the prompt conduct of approved mitigation activities undertaken by a metal mining facility pursuant to an order issued pursuant to section 49-286. If the department of water resources fails to issue or deny a permit within one hundred twenty days of the date of receipt of a complete application for a permit, approval or authorization required for completion of the mitigation activities approved by the department of environmental quality pursuant to an order issued pursuant to section 49-286, the department of environmental quality may authorize the metal mining facility conducting the approved mitigation activities to proceed with those activities and that metal mining facility shall not be subject to any penalties for failure to obtain the permit, approval or authorization from the department of water resources, but shall be required to comply with the substantive requirements of such permit, approval or authorization. The determination of whether an application for a permit is complete shall be made by the department of water resources. A metal mining facility conducting mitigation activities pursuant to an order issued by the department of environmental quality pursuant to section 49-286 that uses groundwater withdrawn in an active management area shall continue to pay any applicable groundwater withdrawal fee for the groundwater the metal mining facility withdrew and used or received and used.

B. The director of environmental quality and the director of water resources shall coordinate their efforts to expedite mitigation activities undertaken by a metal mining facility pursuant to an order issued pursuant to section 49-286, including obtaining information pertinent to site investigations, site management and beneficial use of water withdrawn for mitigation purposes.

C. With respect to mitigation activities undertaken by a metal mining facility pursuant to an order issued by the department of environmental quality pursuant to section 49-286, the director of water resources may waive any regulatory requirement adopted pursuant to title 45 with respect to a site or portion of a site as part of a mitigation order issued by the department of environmental quality pursuant to section 49-286 for that site or portion of a site if the regulatory requirement conflicts with the implementation of the ordered mitigation activities, provided that the waiver does not result in adverse impacts to other land and water users. No waiver may be granted under this subsection if it is prohibited by federal law or if the waiver would jeopardize the continued delegation to the state of authority to implement a federal environmental program.