Ariz. Admin. Code § 18-9-B907

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

Section R18-9-B907 - Individual Permit Variances

A. The Director may grant or deny a request for any of the following variances:

1. An extension under section 301(i) of the Clean Water Act ( 33 U.S.C. 1311) based on a delay in completion of a POTW;

2. After consultation with EPA, an extension under section 301(k) of the Clean Water Act ( 33 U.S.C. 1311) based on the use of innovative technology;

3. A variance under section 316(a) of the Clean Water Act ( 33 U.S.C. 1326 ) for thermal pollution, or

4. A variance under R18-11-122 for a water quality standard.

B. The Director may deny, forward to EPA with a written concurrence, or submit to EPA without recommendation a completed request for:

1. A variance based on the economic capability of the applicant under section 301(c) of the Clean Water Act ( 33 U.S.C. 1311); or

2. A variance based on water quality related effluent limitations under 302(b)(2) ( 33 U.S.C. 1312) of the Clean Water Act.

C. The Director may deny or forward to EPA with a written concurrence a completed request for:

1. A variance based on the presence of fundamentally different factors from those on which an effluent limitations guideline is based; and

2. A variance based upon water quality factors under section 301(g) of the Clean Water Act ( 33 U.S.C. 1311) .

D. If the Department approves a variance under subsection (A) or if EPA approves a variance under subsection (B) or (C), the Director shall prepare a draft permit incorporating the variance. Any public notice of a draft permit for which a variance or modification has been approved or denied shall identify the applicable procedures for appealing the decision.

Ariz. Admin. Code § R18-9-B907

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).