Ariz. Admin. Code § 18-9-C902

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

Section R18-9-C902 - Required and Requested Coverage under an Individual Permit

A. Individual permit requirements.

1. The Director may require a person authorized by a general permit to apply for and obtain an individual permit for any of the following cases:

a. A discharger or treatment works treating domestic sewage is not in compliance with the conditions of the general permit;

b. A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source or treatment works treating domestic sewage;

c. Effluent limitation guidelines are promulgated for point sources covered by the general permit;

d. An Arizona Water Quality Management Plan containing requirements applicable to the point sources is approved;

e. Circumstances change after the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;

f. Standards for sewage sludge use or disposal are promulgated for the sludge use and disposal practices covered by the general permit; or

g. If the Director determines that the discharge is a significant contributor of pollutants. When making this determination, the Director shall consider:

i. The location of the discharge with respect to navigable waters,

ii. The size of the discharge,

iii. The quantity and nature of the pollutants discharged to navigable waters, and

iv. Any other relevant factor.

2. If an individual permit is required, the Director shall notify the discharger in writing of the decision. The notice shall include:

a. A brief statement of the reasons for the decision,

b. An application form,

c. A statement setting a deadline to file the application,

d. A statement that on the effective date of issuance or denial of the individual permit, coverage under the general permit will automatically terminate,

e. The applicant's right to appeal the individual permit requirement with the Water Quality Appeals Board under A.R.S. § 49-323, the number of days the applicant has to file a protest challenging the individual permit requirement, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

f. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

3. The discharger shall apply for a permit within 90 days of receipt of the notice, unless the Director grants a later date. In no case shall the deadline be more than 180 days after the date of the notice.

4. If the permittee fails to submit the individual permit application within the time period established in subsection (A)(3), the applicability of the general permit to the permittee is automatically terminated at the end of the day specified by the Director for application submittal.

5. Coverage under the general permit shall continue until an individual permit is issued unless the permit coverage is terminated under subsection (A)(4).

B. Individual permit request.

1. An owner or operator authorized by a general permit may request an exclusion from coverage of a general permit by applying for an individual permit.

a. The owner or operator shall submit an individual permit application under R18-9-B901(B) and include the reasons supporting the request no later than 90 days after publication of the general permit.

b. The Director shall grant the request if the reasons cited by the owner or operator are adequate to support the request.

2. If an individual permit is issued to an owner or operator otherwise subject to a general permit, the applicability of the general permit to the discharge is automatically terminated on the effective date of the individual permit.

Ariz. Admin. Code § R18-9-C902

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