Ariz. Admin. Code § 18-9-B901

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-9-B901 - Individual Permit Application

A. Time to apply.

1. Any person who owns or operates a facility covered by R18-9-A902(B) or R18-9-A902(C), shall apply for an AZPDES individual permit at least 180 days before the date of the discharge or a later date if granted by the Director, unless the person:

a. Is exempt under R18-9-A902(G);

b. Is covered by a general permit under Article 9, Part C of this Chapter; or

c. Is a user of a privately owned treatment works, unless the Director requires a permit under 40 CFR 122.44(m).

2. Construction. Any person who proposes a construction activity under R18-9-A902(B)(9)(c) or R18-9-A902(B)(9)(d) and wishes coverage under an individual permit, shall apply for the individual permit at least 90 days before the date on which construction is to commence.

3. Waivers.

a. Unless the Director grants a waiver under 40 CFR 122.32, a person operating a small MS4 is regulated under the AZPDES program.

b. The Director shall review any waiver granted under subsection (A)(3)(a) at least every five years to determine whether any of the information required for granting the waiver has changed.

B. Application. An individual permit applicant shall submit the following information on an application obtained from the Department. The Director may require more than one application from a facility depending on the number and types of discharges or outfalls.

1. Discharges, other than stormwater.

a. The information required under 40 CFR 122.21 (f) through (k);

b. The signature of the certifying official required under 40 CFR 122.22;

c. The name and telephone number of the operator, if the operator is not the applicant; and

d. Whether the facility is located in the border area, and, if so:

i. A description of the area into which the effluent discharges from the facility may flow, and

ii. A statement explaining whether the effluent discharged is expected to cross the Arizona-Sonora, Mexico border.

2. Stormwater. In addition to the information required in subsection (B)(1)(c) and (B)(1)(d):

a. For stormwater discharges associated with industrial activity, the application requirements under 40 CFR 122.26(c)(1);

b. For large and medium MS4s, the application requirements under 40 CFR 122.26(d);

c. For small MS4s:

i. A stormwater management program under 40 CFR 122.34, and

ii. The application requirements under 40 CFR 122.33.

C. Consolidation of permit applications.

1. The Director may consolidate two or more permit applications for any facility or activity that requires a permit under Articles 9 and 10 of this Chapter.

2. Whenever a facility or activity requires an additional permit under Articles 9 and 10 of this Chapter, the Director may coordinate the expiration date of the new permit with the expiration date of an existing permit so that all permits expire simultaneously. The Department may then consolidate the processing of the subsequent applications for renewal permits.

Ariz. Admin. Code § R18-9-B901

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 30 A.A.R. 28, effective 12/15/2023.