Ariz. Admin. Code § 18-9-B904

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

Section R18-9-B904 - Individual Permit Duration, Reissuance, and Continuation

A. Permit duration.

1. An AZPDES individual permit is effective for a fixed term of not more than five years. The Director may issue a permit for a duration that is less than the full allowable term.

2. If the Director does not reissue a permit within the period specified in the permit, the permit expires, unless it is continued under subsection (C).

3. If a permittee of a large or medium MS4 allows a permit to expire by failing to reapply within the time period specified in subsection (B), the permittee shall submit a new application under R18-9-B901 and follow the application requirements under 40 CFR 122.26(d), which is incorporated by reference in R18-9-A905(A)(1)(d).

B. Permit reissuance.

1. A permittee shall reapply for an individual permit at least 180 days before the permit expiration date.

2. Unless otherwise specified in the permit, an annual report submitted 180 days before the permit expiration date satisfies the reapplication requirement for an MS4 permit. The annual report shall contain:

a. The name, address, and telephone number of the MS4;

b. The name, address, and telephone number of the contact person;

c. The status of compliance with permit conditions, including an assessment of the appropriateness of the selected best management practices and progress toward achieving the selected measurable goals for each minimum measure;

d. The results of any information collected and analyzed, including monitoring data, if any;

e. A summary of the stormwater activities planned for the next reporting cycle;

f. A change in any identified best management practices or measurable goals for any minimum measure; and

g. Notice of relying on another governmental entity to satisfy some of the permit obligations.

C. Continuation. An AZPDES individual permit may continue beyond its expiration date if:

1. The permittee has submitted a complete application for an AZPDES individual permit at least 180 days before the expiration date of the existing permit and the permitted activity is of a continuing nature; and

2. The Department is unable, through no fault of the permittee, to issue an AZPDES individual permit on or before the expiration date of the existing permit.

Ariz. Admin. Code § R18-9-B904

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.