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Nogales council directs staff to reevaluate septic‑dumping procedures after ADEQ compliance concerns
Summary
Councilors directed city staff on Aug. 6 to pursue options that reduce the city’s liability and cost exposure related to septic dumping after new Arizona Department of Environmental Quality (ADEQ) guidance and potential sampling and testing requirements were discussed.
The Nogales City Council on Aug. 6 discussed new ADEQ testing and storage requirements for septic‑waste receipts and directed staff to pursue options that would limit the city’s liability and potential long‑term costs.
City Manager Joel Kramer and City Attorney Rodney Estes briefed council members on the regulatory changes that would require sampling and short‑term refrigerated storage of some hauled waste and more frequent laboratory testing. Kramer said compliance would likely require purchasing equipment such as a refrigerator and covering laboratory fees that one vendor estimated could run ‘‘several hundred dollars’’ per sample.
Kramer said the city faces a choice: implement the full ADEQ‑recommended sampling/storage protocol and absorb or pass on costs to haulers, or suspend acceptance of hauled septic waste while staff and legal review possible ordinance changes. Legal counsel warned of civil penalties if the city allowed dumping without conforming to the updated ADEQ requirements.
Council direction and vote: After discussion the council voted (6‑1) to give staff direction ‘‘in the general direction of not being involved in the septic hauling’’ and to return with ordinance revisions to bring the city into compliance and protect municipal liability. Several members urged staff to consult haulers about whether they would accept any increased fees if the city implements sampling and testing.
Why it matters: Kramer and Estes cautioned that noncompliance could expose the city to six‑figure penalties and long‑term cleanup liabilities. Council members also expressed concern about the fiscal feasibility of implementing an ongoing sampling program and the risk that the city could be left holding equipment and staffing costs if haulers withdraw from the program.
Next steps: Staff will draft proposed ordinance language, identify potential equipment and testing costs, and report back at a subsequent meeting; meanwhile council direction temporarily suspends new septic dumping until compliance measures or other arrangements are in place.
Ending: Councilors emphasized the need to protect sewer infrastructure and public health while seeking a practical cost allocation for haulers and the city.
