Dry wells are defined as a drilled or driven hole that is deeper than it is wide and used for the disposal of storm water. Owners of dry wells are required to register them with the Arizona Department of Environmental Quality. The law also requires that ADEQ approve any closure of a dry well.
The Pit-Falls: Few people realize that dry well registration is a requirement for not only newly installed, but also for existing dry wells. Also, the decision to close a dry well can result in unwanted testing of the dry well before ADEQ will approve the closure. This can result in unexpected liability to the property owner.
Denby Law has extensive experience counseling clients on dry wells, including when to register a dry well and, more importantly, when or when not to close an existing dry well.
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Contrast dry well definitions with a stormwater retention basin. You will often find these at shopping malls and places with large parking lots and roof tops. Their purpose is to collect and retain the stormwater without letting it run off site. The water will then evaporate and percolate until it is gone. Retention basins do not fit the immediate definition of dry well, but often run into the same issues of testing, contamination and subsequent closure.
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