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Nogales studies septic dumping station rules after ADEQ permit questions; testing, costs and liability raised
Summary
Council discussed permit requirements for a city septic dumping station and potential costs of sample testing and compliance. Staff said ADEQ requires testing protocols; lab tests quoted at about $475 per sample, staff recommended raising the dump fee to cover initial costs and will seek county clarity on accepting certain wastes.
City staff returned to council July 30 to review operations and permit requirements for the municipal septic dumping station after state (ADEQ) and federal border‑flow concerns were raised.
City Manager Mitch Kramer said he had gathered Pima County operational materials and ADEQ permit requirements and noted that a county facility on Walker Road charges roughly $0.14 per gallon and operates a large treatment plant; Kramer said he condensed guidance from those sources for council review. Kramer said a commercial laboratory the city consulted estimated each required lab test at about $475, and that the laboratory would provide coolers, bottles and paperwork for sampling.
Kramer explained permit enforcement options: the city could test every load, or it could keep refrigerated samples of each load and only submit samples for laboratory testing when an alarm or quality concern arises. Staff warned that if multiple haulers dump in the same day and an alarm triggers, the city could incur several lab tests (one per load), multiplying costs. Kramer said refrigerators and additional staff (possibly a full‑time position) would be required to hold samples and to perform chain‑of‑custody procedures for testing.
Councilmember Doyle and others raised liability concerns: if a contaminated load reaches the plant at the same time flow from Mexico carries contamination, determining responsibility could be difficult and could expose the city to legal risk. Kramer said the county manager had indicated the county might be willing to accept some waste types at its facility, but staff had not yet obtained written confirmation.
As an interim measure Kramer recommended raising the current per‑gallon dumping fee (staff referenced a 10¢ baseline) to at least 14¢ to offset sampling and testing costs. Council asked Kramer to return with written confirmation from the county on whether and what material the county will accept and directed staff to place the item on the next council meeting agenda to seek a firm position. Kramer said ADEQ expects the city to indicate soon how it will comply with permit testing requirements.
Ending: Staff will seek written confirmation from county officials on county acceptance of septic loads and return with a proposed fee adjustment and implementation plan; council did not adopt a final policy at the study session.
