What This Means for Your Facility
On June 24, 2026, the Maricopa County Board of Supervisors approved Enhanced Regulatory Outreach Program (EROP) Case ES-2025-005, removing the Maricopa County Environmental Services Department's (Department) permitting and inspection requirements for wastewater treatment facilities from the Maricopa County Environmental Health Code (MCEHC). This change leaves the Arizona Department of Environmental Quality as the sole regulatory authority for wastewater treatment plants in Maricopa County. The change took effect immediately upon approval.
Prior to this action, the Department regulated wastewater treatment facilities in two ways. For construction, the Department reviewed engineering plans and issued Approvals to Construct (ATC) and Approvals of Construction (AOC). For operations, each facility held an operational permit with the Department, which required routine inspections and monthly water quality report submissions.
These activities were established under the Department's own authority and were not delegated by ADEQ. Maricopa County was the only county in Arizona operating its own wastewater treatment engineering review program, and both ADEQ and the Department were conducting overlapping reviews and inspections of the same facilities. To eliminate this duplicative oversight, the Department proposed discontinuing its permitting and inspection activities for wastewater treatment facilities through the County's EROP.
Effective June 24, 2026, the following changes apply to all regulated wastewater treatment facilities:
Construction Permits (ATCs/AOCs): The Department will no longer accept new submittals or issue ATCs or AOCs for wastewater treatment facility construction. All open construction permits, regardless of where they are in the review or approval process, will be closed out. Applicants with active submittals do not need to take any action — the Department will be reaching out directly to close out open permits.
Operational Permits: All existing MCESD operational permits for wastewater treatment facilities will be closed out. Monthly water quality reporting to the Department and routine inspections are no longer required.
What has NOT changed:
ADEQ's Aquifer Protection Permit program remains in effect. Wastewater treatment facilities are still required to obtain APP coverage from ADEQ prior to construction. ADEQ also retains responsibility for MAG 208 conformance verification and operational inspections of treatment facilities. This Board action has no effect on ADEQ's jurisdiction or permitting requirements.
MCESD construction permitting continues for other wastewater infrastructure and drinking water treatment facilities. The Department will continue to issue ATCs and AOCs for the following project types, which remain unchanged:
- Sewer collection system infrastructure, including pipelines, manholes, lift stations, and force mains
- Drinking water treatment facilities
- Reclaimed water infrastructure
- Non-hazardous liquid waste transfer stations
Submittals for these project types should continue to be directed to the Department as before.
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