Ariz. Admin. Code § 18-9-C901

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

Section R18-9-C901 - General Permit Issuance

A. The Director may issue a general permit to cover one or more categories of discharges, sludge use, or disposal practices, or facilities within a geographic area corresponding to existing geographic or political boundaries, if the sources within a covered category of discharges are either:

1. Stormwater point sources; or

2. One or more categories of point sources other than stormwater point sources, or one or more categories of treatment works treating domestic sewage, if the sources, or treatment works treating domestic sewage, within each category all:

a. Involve the same or substantially similar types of operations;

b. Discharge the same types of wastes or engage in the same types of sludge use or disposal practices;

c. Require the same effluent limitations, operating conditions, or standards for sludge use or disposal;

d. Require the same or similar monitoring; and

e. Are more appropriately controlled under a general permit than under an individual permit.

B. Any person seeking coverage under a general permit issued under subsection (A) shall submit a Notice of Intent on a form provided by the Department within the time-frame specified in the general permit unless exempted under the general permit as provided in subsection (C)(2). The person shall not discharge before the time specified in the general permit unless the discharge is authorized by another permit.

C. Exemption from filing a Notice of Intent.

1. The following dischargers are not exempt from submitting a Notice of Intent:

a. A discharge from a POTW;

b. A combined sewer overflow;

c. A MS4;

d. A primary industrial facility;

e. A stormwater discharge associated with industrial activity;

f. A CAFO;

g. A treatment works treating domestic sewage; and

h. A stormwater discharge associated with construction activity.

2. For dischargers not listed in subsection (C)(1), the Director may consider a Notice of Intent inappropriate for the discharge and authorize the discharge under a general permit without a Notice of Intent. In making this finding, the Director shall consider:

a. The type of discharge,

b. The expected nature of the discharge,

c. The potential for toxic and conventional pollutants in the discharge,

d. The expected volume of the discharge,

e. Other means of identifying the discharges covered by the permit, and

f. The estimated number of discharges covered by the permit.

3. The Director shall provide reasons for not requiring a Notice of Intent for a general permit in the public notice.

D. Notice of Intent. The Director shall specify the contents of the Notice of Intent in the general permit and the applicant shall submit information sufficient to establish coverage under the general permit, including, at a minimum:

1. The name, position, address, and telephone number of the owner of the facility;

2. The name, position, address, and telephone number of the operator of the facility, if different from subsection (D)(1);

3. The name and address of the facility;

4. The type and location of the discharge;

5. The receiving streams;

6. The latitude and longitude of the facility;

7. For a CAFO, the information specified in 40 CFR 122.21(i)(1) and a topographic map;

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

9. Any other information necessary to determine eligibility for the AZPDES general permit.

E. The general permit shall contain:

1. The expiration date; and

2. The appropriate permit requirements, permit conditions, and best management practices, and measurable goals for MS4 general permits, under R18-9-A905(A)(1), R18-9-A905(A)(2), and R18-9-A905(A)(3) and determined by the Director as necessary and appropriate for the protection of navigable waters.

F. The Department shall inform a permittee if EPA requests the permittee's Notice of Intent, unless EPA requests that the permittee not be notified.

Ariz. Admin. Code § R18-9-C901

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).