cgp_permit.pdf

AZG2020-001 CGP

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CONTENTS

1.0 COVERAGE UNDER THIS GENERAL PERMIT

1.1 PERMIT AREA. 1

1.2 ELIGIBILITY. 1

1.3 AUTHORIZED DISCHARGES. 1

1.4 PROHIBITED DISCHARGES. 3

1.5 LIMITATIONS OF COVERAGE. 3

1.6 EROSIVITY WAIVERS FOR SMALL CONSTRUCTION ACTIVITIES. 4

2.0 AUTHORIZATION UNDER THIS GENERAL PERMIT

2.1 RESPONSIBILITIES OF OPERATORS. 6

2.2 PREREQUISITES FOR SUBMITTING A NOTICE OF INTENT (NOI). 6

2.3 SUBMITTING AN NOI. 7

2.4 FEE REQUIREMENTS. 9

2.5 AUTHORIZATION OF EMERGENCY-RELATED CONSTRUCTION ACTIVITIES. 9

2.6 TERMINATING COVERAGE. 9

2.7 CHANGE OF OPERATOR REQUEST DUE TO FORECLOSURE OR BANKRUPTCY. 10

3.0 EFFLUENT LIMITATIONS AND WATER QUALITY STANDARDS APPLICABLE TO ALL

DISCHARGES FROM CONSTRUCTION SITES

3.1 NON-NUMERIC EFFLUENT LIMITATIONS AND ASSOCIATED CONTROL MEASURES. 12

3.2 GENERAL MAINTENANCE REQUIREMENTS. 12

3.3 EROSION AND SEDIMENT CONTROL REQUIREMENTS. 13

3.4 SITE STABILIZATION REQUIREMENTS, SCHEDULES AND DEADLINES. 18

3.5 POLLUTION PREVENTION REQUIREMENTS. 20

3.6 CONTROLS FOR ALLOWABLE NON-STORMWATER DISCHARGES AND DEWATERING ACTIVITIES. 24

3.7 SURFACE OUTLETS. 24

3.8 SURFACE WATER QUALITY STANDARDS. 24

4.0 INSPECTIONS

4.1 INSPECTOR QUALIFICATIONS. 26

4.2 INSPECTION SCHEDULE. 26

4.3 SCOPE OF INSPECTIONS. 27

4.4 INSPECTION REPORT FORM. 28

4.5 INSPECTION FOLLOW-UP. 29

5.0 CORRECTIVE ACTIONS

5.1 CORRECTIVE ACTION TRIGGERS. 30

5.2 CORRECTIVE ACTION DEADLINES. 30

5.3 CORRECTIVE ACTION REPORT. 30

6.0 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) PREPARATION

6.1 GENERAL INFORMATION. 32

6.2 TYPES OF OPERATORS. 32

6.3 SWPPP CONTENTS. 33

6.4 DOCUMENTATION REQUIREMENTS INCLUDING PERMIT RELATED RECORDS. 37

6.5 SWPPP UPDATES AND REVISION REQUIREMENTS. 38

6.6 DEFICIENCIES IN THE SWPPP. 39

6.7 POSTING, SWPPP REVIEW AND MAKING SWPPPS AVAILABLE. 40

6.8 PROCEDURES FOR INSPECTION, MAINTENANCE, AND CORRECTIVE ACTION. 40

7.0 STORMWATER MONITORING

7.1 MONITORING PROGRAM. 41

7.2 SAMPLING AND ANALYSIS PLAN (SAP). 41

7.3 ANALYTICAL MONITORING REQUIREMENTS. 41

8.0 RECORDKEEPING

8.1 RECORDS. 44

APPENDIX A

DEFINITIONS 45

ACRONYMS 52

APPENDIX B. STANDARD PERMIT CONDITIONS

1.0 COVERAGE UNDER THIS GENERAL PERMIT

1.1 Permit Area.

This general permit covers the state of Arizona. This permit is not authorized for use by operators with stormwater discharges associated with construction activities on any Indian country in Arizona. U.S. EPA Region 9 remains the permitting authority for Indian country in Arizona.

1.2 Eligibility.

This general permit authorizes stormwater discharges to surface waters, either directly or by way of a conveyance, associated with “construction activities,” as defined in Appendix A, that will disturb one or more acres of land, or will disturb less than one acre, but is part of a common plan of development or sale that will ultimately disturb one acre or more (see 40 CFR 122.26(b)(15)(ii).

This general permit is also applicable to stormwater discharges associated with support activities from temporary plants or operations set up to produce concrete, asphalt, or other materials exclusively for the permitted construction activity. See 40 CFR 122.26(b)(14)(x) and (15) and Appendix A.

Operators of small construction sites (less than five (5) acres – see 40 CFR 122.26(b)(15) and Appendix A) may, if eligible, choose a waiver from coverage under this permit, provided that site remains in compliance with the applicable requirements of Part 1.6 during construction.

Coverage under this permit is not required for routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. See A.A.C. R18- 9-A902(B)(8)(c)(iii).

Coverage under this permit may be required for any other discharges associated with construction activities that ADEQ determines are needed in accordance with A.A.C. R18-9- A902(B)(8)(d).

Any discharges that are not consistent with the eligibility conditions of this permit are not authorized by this permit. A person shall either apply for a separate Arizona Pollutant Discharge Elimination System (AZPDES) permit to cover such discharge(s), cease the discharge(s), or take necessary steps to make the discharge(s) eligible for coverage under this permit.

Individual Permit Requirements. An operator who chooses to obtain an individual stormwater permit (in accordance with the requirements of A.A.C. R18-9-C902(B), or is required by ADEQ to obtain an individual stormwater permit (in accordance with A.A.C. R18-9-C902(A)), shall comply with the requirements of Appendix B, Subsections 17 and 18(a)(i).

1.3 Authorized Discharges.

1. Allowable Stormwater Discharges.

a. Stormwater runoff associated with construction activities provided the discharge is conducted in compliance with this permit;

b. Discharges requiring a stormwater permit under 40 CFR 122.26(a)(1)(v); 40 CFR 122.26(b)(15)(ii); or under 40 CFR 122.26(a)(9);

c. Stormwater discharges from construction support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided:

i. The support activity is directly related to a construction activity that is required to have AZPDES permit coverage for discharges of stormwater associated with construction activity;

ii. The support activity is not a commercial operation (serving multiple unrelated construction activities by different operators) and does not operate beyond the completion of the construction activity for which the support activity is directly associated;

iii. The support activity is not otherwise covered by a separate AZPDES permit;

and

iv. Appropriate control measures for the discharges from the support activity areas are identified in the Stormwater Pollution Prevention Plan (SWPPP) and implemented.

2. Allowable Non-Stormwater Discharges.

a. The following are the only non-stormwater discharges allowed under this permit.

These discharges are allowed provided they are minimized to the extent practicable. When allowable non-stormwater discharges cannot be practicably eliminated, the operator shall install appropriate control measures to reduce or eliminate pollutants in the discharge to ensure compliance with Part 3 of this permit:

i. Discharges from emergency fire-fighting activities

ii. Water used to control dust, provided reclaimed water or other process wastewaters are not used;

iii. Routine external building wash down provided detergents are not used;

iv. Water used to rinse vehicles and equipment, provided that reclaimed water or other wastewater is not used and no soaps, solvents, detergents, oils, grease or fuels are present in the rinsate;

v. Pavement rinse waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used;

vi. Uncontaminated air conditioning or compressor condensate;

vii. Uncontaminated groundwater or spring water;

viii. Foundation or footing drains where flows are not contaminated with process materials such as solvents;

ix. Water from firefighting system testing and maintenance, including hydrant flushing;

x. Discharges related to installation and maintenance of potable water supply systems, including disinfection and flushing activities, discharges resulting from pressure releases or overflows, discharges due to potable water pipeline breaks and discharges from wells approved by ADEQ for drinking water use;

xi. Hydrostatic testing of new pipes, tanks or vessels using potable water, surface water, or uncontaminated groundwater;

xii. Water used for compacting soil, provided reclaimed water or other wastewaters are not used;

xiii. Water used for drilling and coring such as for evaluation of foundation materials, where flows are not contaminated with additives; and

xiv. Uncontaminated waters obtained from dewatering operations/ foundations in preparation for and during excavation and construction provided the discharge are managed as specified in Part 3.6 of this permit.

Note: Reclaimed water may be used for dust control, soil compaction, or landscape irrigation if a valid reuse permit is obtained and there are no discharges of reclaimed water off-site.

b. If the site is within 1/4 mile upstream of an Outstanding Arizona Water (OAW), the operator shall not discharge any non-stormwater under this permit, except for emergency fire-fighting activities, unless specifically authorized by the Department.

1.4 Prohibited Discharges.

The operator shall not allow any non-stormwater discharges from the site, except as provided in Part 1.3(2)(b). All other non-stormwater discharges (not listed above) shall be eliminated or authorized under a separate AZPDES permit as those discharges are not authorized under this permit. Stormwater discharges that are mixed with non-stormwater, other than the allowable non-stormwater discharges listed in Part 1.3(2) are not eligible for coverage under this permit.

The following discharges are prohibited:

1. Wastewater from washout of concrete, unless managed by an appropriate control as described in Part 3.5;

2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials, unless managed by an appropriate control as described in Part 3.5;

3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;

4. Soaps or solvents used in vehicle and equipment washing; and

5. Toxic or hazardous substances from a spill or other release.

1.5 Limitations of Coverage.

1. Post-Construction Discharges. This general permit does not authorize stormwater discharges that originate from the site after construction activities have been completed and the site, including any temporary support activity site, has achieved final stabilization and a Notice of Termination (NOT) has been submitted to ADEQ. Post-construction stormwater discharges from sites may need to be covered by a separate AZPDES permit. See Part 6.4(13).

2. Discharges Covered by Another AZPDES Permit. This general permit does not authorize stormwater discharges associated with construction activities that are covered under an individual permit or another applicable general permit.

3. Impaired or Not-Attaining Waters. The following conditions apply if outfalls from construction sites are located within 1/4 mile upstream of a surface water listed as impaired or not-attaining:

a. The operator must submit a copy of the SWPPP and associated review fee with the NOI to ADEQ;

b. The SWPPP must include a Sampling and Analysis Plan (SAP - see Part 7.2) for analytical monitoring, if there are discharges from the site that include the pollutant(s) for which the surface water is impaired or not-attaining. However, if the operator can demonstrate there are no pollutants that will be an additional source to the impairment, analytical monitoring may not be required. As part of this demonstration, the operator must consider all on-site activities, including the presence of pollutants (metals, nutrients, etc.) in site soils. The demonstration must be included in the SWPPP submitted for ADEQ’s review;

c. If a discharge contains pollutants for which an approved Total Maximum Daily Load (TMDL) has been established, the SWPPP shall specifically identify control measures necessary to ensure the discharges will be consistent with the provisions of the TMDL.

4. Outstanding Arizona Waters (OAW). The following conditions and requirements apply if one or more outfalls from construction sites are located within 1/4 mile upstream of a surface water listed as an OAW in A.A.C. R18-11-112(G):

a. The operator must submit a copy of the SWPPP and associated review fee with the NOI to ADEQ;

b. The SWPPP must include a sampling and analysis plan for analytical monitoring (see Part 7.2) of pollutants expected to discharge from the site, including sediment.

1.6 Erosivity Waivers for Small Construction Activities.

A person performing construction activity which disturbs between one and five acres may be eligible for a waiver from coverage under this permit based on a low potential for soil erosion (i.e., the Erosivity Waiver). Construction activities that disturb five acres or greater, or less than five acres but are part of a common plan of development or sale, are not eligible for the erosivity waiver.

1. Calculating the Erosivity Waiver.

Low potential for erosion is defined as a rainfall erosivity (R) factor of less than five (5) and is calculated in myDEQ, which uses the EPA’s methodology for determining if a site qualifies for the erosivity waiver, based on the USDA Handbook 703-Predicting Soil Erosion by Water: A Guide to Conservation Planning with the Revised Universal Soil Loss Equation (RUSLE), dated January 1997. EPA has updated its Rainfall Erosivity Factor Calculator to correct known problems and to use updated data from the Natural Resources Conservation Service’s (NRCS) Revised Universal Soil Loss Equation, Version 2 (RUSLE2) database. myDEQ is using the Version 2 for erosivity calculations for the 2020 CGP. The small construction site’s rainfall erosivity calculation shall be less than five (5) during the entire period of construction activity.

If one or more outfalls from the construction site are located within 1/4 mile upstream of an impaired or not-attaining water or OAW, the site is not eligible for the erosivity waiver.

The erosivity waiver is predicated on the above criteria being met and proper application procedures being followed.

2. Permit Waiver Certification.

The operator shall obtain an AZPDES Permit Waiver Certification before commencing construction activities. All waiver certifications require an AZPDES fee in accordance with A.A.C. R18-14-109, Table 6.

An operator of a construction activity that is eligible for an Erosivity Waiver shall provide the following information:

a. The name, address, and telephone number of the construction site operator(s);

b. The name (or other identifier), address, county, and parcel or lot number as recorded by the county, of the construction activity or site;

c. Latitude and longitude (in decimal degree format to 6 decimal places) of the construction site at the outfall nearest to the surface water;

d. The construction activity’s start and completion (final stabilization) dates;

e. The total construction site acreage and the acreage to be disturbed by the operator submitting the NOI, to the nearest 0.5 acre;

f. If discharges may occur to a municipal separate storm sewer system (including municipal streets and other improvements that can convey stormwater), the name of the municipal operator of the storm sewer;

g. The name of the waterbody(s) that would be receiving stormwater discharges from the construction site; and

h. The waiver certification form shall be signed using the electronic signature feature in myDEQ and in accordance with the signatory requirements of Appendix B, Subsection 9.

3. Construction Activities That Extend Past Certified Period.

If the small construction activity continues beyond the calculated “end date” as shown on the Permit Waiver Certification, the operator shall prepare a SWPPP and submit an NOI as required under Parts 2.3 and 6.0.

2.0 AUTHORIZATION UNDER THIS GENERAL PERMIT

The operator shall review all the conditions and requirements of the permit before submitting any documentation described in Part 2.

2.1 Responsibilities of Operators.

1. All Operators. All operators are required to obtain coverage for stormwater discharges associated with construction activity under this permit or an alternative AZPDES permit.

For the purposes of this permit, an “operator” is any person associated with a construction activity that meets either of the following two criteria:

a. The person has operational control over construction plans and specifications, including the ability to make revisions to those plans and specifications; or

b. The person has day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with the permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit).

Subcontractors are generally not considered to be “operators” for the purposes of this permit.

2. Multiple Operators. Where there are multiple operators associated with the same construction activity, all operators are required to obtain permit coverage. The following applies in these situations:

a. If one operator has control over plans and specifications and a different operator has control over activities at the construction site, they may divide responsibility for compliance with the terms of this permit as long as they jointly develop a common SWPPP (see Part 6.1(1)), which documents which operator has responsibility for each requirement of the permit.

b. If an operator only has operational control over a portion of a larger construction site (e.g., one of four homebuilders in a subdivision), the operator is responsible for compliance with applicable effluent limits (see Part 3), terms, and conditions of this permit as it relates to their activities on their portion of the construction site and implementation of control measures described in the SWPPP in the areas under their control.

c. Operators must ensure either directly or through coordination with other operators, that their activities do not render another person’s pollutant discharge controls ineffective.

d. If the operator of a construction support activity (Part 1.3(1)(c)) is different from the operator of the main construction site, that operator is also required to obtain permit coverage.

2.2 Prerequisites for Submitting a Notice of Intent (NOI).

A person may be authorized to discharge under this permit only if the stormwater discharge is associated with construction activities from a construction site. Prior to submission of an NOI, an applicant seeking authorization to discharge under this general permit shall:

1. Meet the eligibility requirements under Part 1.2; and

2. Develop a SWPPP that meets the requirements of Part 6 of this permit, and that covers either the entire site or all portions of the site for which the person is an operator.

a. The SWPPP shall be prepared by a qualified person, prior to submission of the NOI and shall be implemented prior to the start of construction.

b. The SWPPP is not required to be submitted to ADEQ unless the construction site has one or more outfalls within 1/4 mile upstream of an impaired or not-attaining water or OAW as described in Parts 1.5(3) and 1.5(4) but shall be retained and made available in accordance with Part 6.7.

2.3 Submitting an NOI.

1. Application Required.

a. The operator shall submit a separate, accurate, and complete NOI to ADEQ for each construction activity that disturbs one or more acres of land, or for each activity that is part of a common plan of development or sale that will ultimately disturb one or more acres of land. NOIs must be submitted in myDEQ.

b. Submission of the NOI demonstrates the operator’s intent to be covered by this permit; it is not a determination by ADEQ that the operator has met the eligibility requirements for the permit. Discharges are not authorized if ADEQ notifies the operator that further evaluation is necessary, or that the discharges are not eligible for coverage under this permit.

c. If the operator changes or another operator is added before construction activities are complete, the new operator shall also submit an NOI to be authorized under this permit before taking over operational control or commencing construction activities at the site.

2. NOI Requirements. Construction site operators seeking authorization for stormwater discharges under this general permit shall submit a complete and accurate AZPDES NOI in myDEQ. The NOI in myDEQ requires, at a minimum, the following information:

a. The name, address, and telephone number of the construction site operator;

b. The type of construction activity (e.g., school, commercial, subdivision, roadway, etc.);

c. Whether the construction activity is part of a common plan of development or sale;

d. Estimates of the total construction site acreage and the acreage to be disturbed by the operator submitting the NOI;

e. The printed name (or other identifier), address and county of the construction site;

f. An accurate latitude and longitude (in decimal degree format to 6 decimal places) of the construction site at the point nearest to the closest surface water;

g. The latitude and longitude (in decimal degree format to 6 decimal places) of outfalls that may discharge stormwater to a receiving surface water;

h. Confirmation that a SWPPP meeting the requirements in Part 6 of this permit has been developed and will be implemented prior to commencement of construction activities;

i. If the NOI is a late application, the operator shall certify that a SWPPP has been developed and implemented prior to submittal of the NOI;

j. The name and telephone number of a contact person for the SWPPP;

k. The name of the closest surface water, which may include an unnamed wash, or canal;

l. The name(s) of the MS4 into which there is a potential to discharge, if applicable;

m. The construction activity’s estimated start and completion dates; and

n. Fees are to be paid using a credit card or electronic check (ACH-debit) at the time of NOI submission in myDEQ.

3. Effective Date of Permit Coverage.

a. Routine Coverage. Except as set forth in subsection (c) below, an eligible operator is authorized to discharge stormwater from a construction site when an authorization certificate is issued, after the NOI information is entered and certified in myDEQ.

b. Incomplete NOI Submitted. If ADEQ notifies the operator that an NOI is incomplete or incorrect, the operator shall submit a revised or new NOI in myDEQ if the operator still intends to obtain coverage under this permit.

c. Discharges to Impaired, Not-Attaining or Outstanding Arizona Waters. Applicants seeking coverage for a construction site that has one or more outfalls within 1/4 mile upstream of an impaired or not-attaining water or an OAW are not authorized under this permit for 30 calendar days following submission of their NOI, SWPPP, SAP and initial application fees in myDEQ. ADEQ may notify operators within this time frame that the NOI is approved, or there is cause for a SWPPP amendment, or denial of coverage as specified in Parts 1.5(3) and 1.5(4) of this permit. If notification is not received in the 30 calendar day time period, the operator is deemed covered under this permit.

d. SWPPP Requiring Additional Information. If the operator receives notification from ADEQ that the SWPPP is incomplete or otherwise deficient, the operator shall submit a revised SWPPP to ADEQ that addresses the comments if the operator still intends to obtain permit coverage. If review of the revised SWPPP reveals that a discharge of pollutants may cause or contribute to an exceedance of an applicable surface water quality standard in the receiving surface water, monitoring may be required, in accordance with Part 7. The revised SWPPP must include the applicable re-review fee. Permit coverage is suspended until ADEQ issues the permit authorization certificate.

e. Ongoing Construction Activities.

For operators of ongoing construction activities that are in process as of the effective date of this permit:

i. Within the first 60 calendar days from the effective date of this permit, the operator shall update the SWPPP as necessary to comply with the requirements of Part 6 of this permit; and

ii. Within the first 60 calendar days from the effective date of this permit, the operator shall submit a new NOI in myDEQ. The operator may continue to comply with the terms and conditions of the expired permit (AZG2013-001) until the NOI is submitted and payment is made for the permit application fee.

iii. If eligible, an operator may submit an NOT within the first 60 calendar days from the effective date of this permit, if construction is finished and final stabilization has been achieved.

f. Change in Operators. For construction activities where the operator changes, including instances where an operator is added after an NOI has been submitted, the new operator shall submit an NOI and receive an authorization certificate before assuming operational control or commencing work on-site (see Appendix B, Subsection 19).

g. Certificate of Authorization. The operator will receive a Certification of Authorization from myDEQ assigning an authorization number and approval date. The Certificate of Authorization is not the permit. It acknowledges that ADEQ received the NOI and that the operator is authorized to discharge stormwater, subject to the terms and conditions of this permit. Correspondence with ADEQ concerning any construction activity covered by this permit shall reference the authorization number.

4. Late Applications. The operator is only permitted for eligible discharges that occur after a complete and accurate NOI is submitted in myDEQ and authorization is granted. ADEQ reserves the right to take enforcement action for any un-permitted discharges or permit noncompliance that occur between the time construction commenced and either permit authorization is granted, denied, or a complete and accurate Erosivity Waiver is submitted and approved in myDEQ.

5. Modified NOI. The operator may modify the NOI in myDEQ if there are revisions to personnel contact information or if outfall locations change. There is no fee for either of these modifications. Any other modifications require the submission of a NOT, terminating the existing NOI, and obtaining a new NOI for continued coverage in myDEQ, including the application fee.

2.4 Fee Requirements.

In accordance with A.A.C R18-14-109, the operator shall pay the initial AZPDES water quality protection services fee for coverage under this permit at the time the NOI is submitted. In addition, the operator shall pay the applicable annual fee when billed, unless a notice of termination has been submitted to ADEQ. The annual fee is due on the anniversary of the date of the authorization certificate (see Part 2.3(3)). Both fees are based on the amount of acreage identified in the NOI, in accordance with A.A.C. R18-14-109, Table 6.

2.5 Authorization of Emergency-Related Construction Activities.

Emergency-related construction activities are automatically authorized provided that:

1. The activity is being performed in order to avoid imminent endangerment to human health or the environment or in response to an emergency and the activity requires immediate authorization;

2. If the activity continues for more than 30 calendar days after the initial emergency-related start date, the operator shall prepare a SWPPP and submit a complete and accurate

NOI;

3. The operator provides documentation in the SWPPP to substantiate the occurrence of the public emergency; and

4. The operator complies with all other applicable requirements in the permit regarding discharges associated with the construction activities.

2.6 Terminating Coverage.

1. Notice Required. To terminate permit coverage, the operator shall submit a complete and accurate Notice of Termination (NOT) in myDEQ. The operator is responsible for meeting the terms and conditions of this permit until the construction site’s authorization is terminated. The operator may submit a complete and accurate NOT in myDEQ after any of the following conditions have been met:

a. The operator has established final stabilization on all portions of the site for which the operator is responsible, in accordance with Part 3.4(2).

b. Another operator who has a valid authorization number under this general permit or an individual AZPDES permit has assumed control over all areas of the site that have not been finally stabilized (see Appendix B, Subsection 19);

c. For residential construction activities, temporary stabilization has been completed and the residence has been transferred to the homeowner (or a homeowner’s association) in accordance with Part 3.4(2);

d. The planned construction activity identified on the original NOI was never initiated (i.e., grading was never started) and plans for construction have been permanently abandoned or indefinitely postponed;

e. The operator has obtained coverage for the site under another authorizing AZPDES permit;

f. The operator qualifies for one of the alternatives in Part 3.4(3) and submits the required documentation demonstrating compliance with the NOT in myDEQ.

2. NOT Requirements. The operator shall submit a complete and accurate NOT in myDEQ.

3. Effective Date of Permit Termination. Authorization to discharge terminates under this permit when the permittee submits the NOT in myDEQ and receives the termination acknowledgement certificate.

2.7 Change of Operator Request due to Foreclosure or Bankruptcy.

If a lending institution or another person takes operational control of the permitted construction site due to foreclosure or bankruptcy, the new operator is responsible for discharges from the construction site. If the construction site has not achieved final stabilization as defined in Part 3.4(2), the new operator shall submit a NOI in myDEQ for permit coverage within 30 calendar days prior to taking control of the site. In the event the new operator taking control of the construction site fails to submit a NOI for the ongoing construction activities, the existing operator may submit a petition to the department to terminate permit coverage by submitting a Change of Operator Request (COR) form (available on the ADEQ website). In making this request, the existing operator must no longer have access to the property and shall submit the following information:

1. The date of the loss of control of the construction site;

2. The person that has control of the construction site;

3. The reasons for being unable to submit a NOT that complies with the requirements of Part 2.6;

4. A copy of the SWPPP documenting conditions at the time of loss of control. The existing operator shall indicate areas of exposed soils and material stockpiles; the location, type and quantity of chemicals storage; the existing control measures left in place and their condition; and areas that have been stabilized. The existing operator shall indicate if there is public access to the site (e.g., perimeter fence, gate, etc.) and shall identify any conditions, which may be dangerous or hazardous, or may pose a significant environmental threat.

5. Documentation that the permittee informed the person taking control of the construction site of the requirements of this permit.

ADEQ will review the COR, SWPPP and related information to determine appropriate actions, including (but not limited to) terminating permit coverage for the existing operator. As part of this assessment, ADEQ may conduct a site inspection. Submitting a COR does not suspend ongoing enforcement actions and does not preclude ADEQ from taking enforcement actions for violations of this permit.

3.0 EFFLUENT LIMITATIONS AND WATER QUALITY STANDARDS APPLICABLE TO ALL

DISCHARGES FROM CONSTRUCTION SITES

The control requirements in this Part incorporate the technology-based effluent limitations to meet water quality standards that, where applicable, apply to all stormwater and allowable non-stormwater discharges from construction sites eligible for coverage under this permit. These requirements apply the national effluent limitations guidelines and new source performance standards found at 40 CFR Part 450. The operator shall comply with the control measures requirements included in Part 3 through site planning and designing, installing, and maintaining these controls.

3.1 Non-numeric Effluent Limitations and Associated Control Measures.

At a minimum, the operator shall design, install and maintain the following effluent limitations reflecting the best practicable technology currently available on construction sites:

1. Erosion and Sediment Control (Part 3.3)

2. Site Stabilization (Part 3.4)

3. Pollution Prevention (Part 3.5)

4. Controls for Allowable Non-Stormwater Discharges and Dewatering Activities (Part 3.6)

5. Surface Outlets (Part 3.7)

3.2 General Maintenance Requirements.

1. Ensure that all control measures required, and described in Parts 3.3 through 3.7, remain in effective operating condition during permit coverage and are protected from activities that would reduce their effectiveness.

2. Inspect all control measures in accordance with the inspection requirements in Part 4.

The operator shall document the findings in accordance with Part 4.4. When controls need to be replaced, repaired, or maintained, make the necessary repairs or revisions.

Routine maintenance does not constitute a corrective action (see Part 5.1). The operator shall comply with the following schedule:

a. If the identified control measure deficiency does not require significant maintenance, repair, or replacement, or if the problem can be corrected through routine maintenance, initiate work to fix the problem immediately after discovery, and complete such work by the close of the next work day, if feasible. SWPPP recordkeeping is not required for actions taken under this paragraph.

b. When the installation of a new control (that is not in response to a corrective action in Part 5.1), or a significant repair of an existing control is needed, install the new or modified control and make it operational, or complete the repair, by no later than 7 calendar days from the time of discovery, or before the next storm event (whichever is sooner) where feasible. If it is infeasible to complete the installation or repair within 7 calendar days or before the next storm event, SWPPP records must document why it is infeasible. The SWPPP must also document the schedule for installing the control(s) and making it operational as soon as practicable after the 7-day timeframe. Where these actions result in changes to any of the controls or procedures documented in the SWPPP, modify the SWPPP accordingly within 7 calendar days of completing this work.

3.3 Erosion and Sediment Control Requirements.

Design, install, and maintain effective erosion and sediment controls to minimize the discharge of pollutants. The operator shall minimize the amount of soil exposed during construction activities.

The operator is also subject to the deadlines for temporary and/or permanent stabilization of exposed portions of the site in accordance with Part 3.4.

The following general requirements are applicable to all construction sites that implement the erosion and sediment controls in Part 3.3.

1. Design Requirements.

a. The operator shall account for the following factors in designing control measures:

i. The expected amount, frequency, intensity, and duration of precipitation;

ii. The nature of stormwater runoff and all sources of run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features. If any stormwater flow will be channelized at the site, control measures must be designed to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and stream bank erosion; and

iii. The range of soil particle sizes expected to be present on the site.

b. The operator shall direct stormwater flows to vegetated areas of the site to increase sediment removal and maximize stormwater infiltration, including any natural buffers established under Part 3.3(7), unless infeasible. Use velocity dissipation devices if necessary to prevent erosion when directing stormwater to vegetated areas.

2. Installation Requirements.

a. Complete the installation of control measures by the time each phase of construction activity has begun. In the event it is infeasible to install one or more control measures prior to the start of construction activities, the operator shall ensure that those controls are installed as soon as possible. SWPPP records must document why it is infeasible.

Following the installation of these initial control measures, all other controls planned for this portion of the site and described in the SWPPP must be installed and made operational as soon as conditions on the site allow. The requirement to install control measures prior to construction activities for each phase of the project does not apply to activities associated with the actual installation of these controls.

b. Use standard industry practices and follow manufacturer’s specifications. The operator shall install all control measures in accordance with standard industry practices, including applicable design specifications. Design specifications may be found in manufacturer specifications and/or in applicable erosion and sediment control manuals or local ordinances. Any departures from such specifications must reflect standard industry practice and must be explained in the SWPPP.

3. Control Stormwater Volume and Velocity.

a. If off-site areas direct flow onto the construction site, divert run-on flows, and/or provide other appropriate control measures to account for off-site contributions of stormwater and non-stormwater flow.

If stormwater conveyance channels are used at the site, the operator shall design and construct them to avoid unstabilized areas and to reduce erosion, unless infeasible. Minimize erosion of channels and their embankments, outlets, adjacent stream banks, slopes, and downstream waters during discharge conditions using erosion controls and velocity dissipation devices within and along the length of any constructed stormwater conveyance channel, and at any outlet to provide a non-erosive flow velocity.

b. Sediment Basins and Traps. If necessary, the operator shall install and maintain sediment basin(s) and / or traps to manage run-on, runoff, and sediment discharge from the construction site.

i. Design Requirements. The SWPPP shall provide sizing and calculation requirements for sediment basin(s) and shall indicate whether the basin(s) will be temporary or permanent.

a. When discharging from the sediment basin, utilize outlet structures that minimize pollutants;

b. Prevent erosion of the sediment basin using stabilization controls (e.g., erosion control blankets), and the inlet and outlet using erosion controls and velocity dissipation devices; and

c. Sediment basins must be situated outside of surface waters and any natural buffers established under Part 3.3(7), unless approved under a CWA section 404 permit.

ii. Maintenance requirements. The operator shall maintain sediment basins, ponds, and traps, and remove accumulated sediment when design capacity has been reduced by 50%.

iii. Polymers, flocculants, or other cationic treatment shall be used in accordance with manufacturers’ instructions to provide for adequate settling time and minimize or eliminate these chemicals in the discharge.

Furthermore, the operator shall comply with the requirements in Part 6.3(10).

4. Control Stormwater Discharges.

Control stormwater discharges including both peak flowrates and total stormwater volume to minimize channel and streambank erosion and scour in the immediate vicinity of outfalls. Examples of control measures that can be used to comply with this requirement include the use of erosion controls and/or velocity dissipation devices (e.g., check dams, sediment traps) within and along the length of a stormwater conveyance and at the outfall to slow down runoff.

5. Minimize the amount of soil exposed and the disturbance of steep slopes by:

a. Preserving Natural Vegetation. Where practicable, existing vegetation should be preserved. If natural vegetation can be preserved, the operator shall clearly mark vegetation before clearing activities begin. Locations of trees and boundaries of buffer zones to be preserved shall be identified on the SWPPP site map;

b. Phase or sequence construction activities. Where practicable, minimize the area of disturbance at any one time.

c. Steep slopes. Where practicable, implement standard erosion and sediment control practices, such as phasing disturbances to these areas and using stabilization practices designed to be used on steep grades.

6. Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site.

a. Perimeter Control. The operator shall use appropriate control measures (e.g., fiber rolls, berms, silt fences, vegetative buffer strips, sediment traps, or equivalent sediment controls) at all times for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction site.

For sites where stormwater from disturbed areas, exclusive of rights-of-way, is conveyed to one or more retention basins that are designed to retain stormwater runoff from a local 100 year / 2 hour storm event, as calculated by an Arizona registered professional engineer, geologist or landscape architect (A.R.S. § 32-

144) or equivalent, the operator is not required to utilize perimeter controls.

For linear construction activities (see Appendix A) with rights-of-way that restrict or prevent the use of such perimeter controls, the operator shall maximize the use of these controls where practicable and document in the SWPPP why it is impracticable in other areas of the site.

b. Control discharges from stockpiles of sediment or soil. As necessary, implement the following measures for any stockpiled or land clearing debris composed, in whole or in part, of sediment or soil:

i. Place stockpiles outside of washes or other surface waters, stormwater conveyances (such as curb and gutter systems), or streets leading to stormwater conveyances, such that the placement does not conflict with local laws and local rights-of-way are not impacted.

ii. Locate the stockpiles outside of any buffers established consistent with Part 3.3(7);

iii. Protect from contact with stormwater (including run-on) using a temporary perimeter sediment barrier;

iv. Avoid rinsing sediment, debris, or other pollutants accumulated on pavement or other impervious surfaces after the stockpile has been removed into any stormwater conveyance (unless connected to a sediment basin, sediment trap, or similarly effective control), storm drain inlet, or surface water;

v. To the extent practicable, implement control measures to prevent the generation of wind-blown sediment and debris; and

vi. Use perimeter controls or other effective sediment control measures around soil stockpiles, except when they are being actively worked. For piles that will be unused for 14 calendar days or more, provide cover or appropriate temporary stabilization.

c. Storm Drain Inlet Protection. The operator shall assess the need for and install inlet protection measures necessary to remove sediment discharges from the site. If the site discharges to any storm drain inlet that carries stormwater flow to a surface water (and it is not first directed to a sediment basin, sediment trap, or similarly effective control and the operator has authority to access the storm drain inlet), then inlet protection is required.

Inlet protection measures may be removed in the event of flood conditions that may endanger the safety of the public. Such actions shall be documented in the SWPPP. The operator shall evaluate alternative control measures to be used in the future to prevent a recurrence of this problem.

d. If existing control measures need to be repaired or modified or if additional control measures are necessary, implementation shall be completed within 7 calendar days or before the next storm event (whichever is sooner), unless otherwise prescribed in i. – iv. below. If implementation before the next storm event is impracticable, the reason(s) for delay shall be documented in the SWPPP and alternative control measures shall be implemented as soon as possible.

Additionally, the following maintenance activities shall be implemented:

i. Remove accumulated sediment when it reaches a maximum of one-third the height of the silt fence or one-half the height of a fiber roll.

ii. Sediment shall be removed from temporary and permanent sedimentation basins, ponds and traps when the depth of sediment collected in the basin reaches 50% of the storage capacity.

iii. Construction site egress location(s) shall be inspected for evidence of off-site tracking of sediment, debris, and other pollutants onto paved surfaces.

Removal of sediment, debris, and other pollutants from all off-site paved areas shall be completed as soon as practicable.

iv. Accumulations of sediment, debris, and other pollutants observed in off-site surface waters, drainage ways, catch basins, and other drainage features shall be removed in a manner and at a frequency sufficient to minimize impacts and to ensure no adverse effects on water quality.

7. Maintain natural buffers adjacent to perennial surface waters and direct stormwater to vegetated areas to increase sediment removal, unless infeasible.

a. Provide Natural Buffers or Equivalent Erosion and Sediment Controls. This requirement only applies when a perennial surface water or a lake (if feasible) is located within 50 feet of the site’s construction activities:

i. Areas not owned or are otherwise outside the activities of the operator may be considered areas of undisturbed natural buffer for purposes of compliance with this part.

ii. Provide and maintain an undisturbed natural buffer that is less than 50 feet and is supplemented by erosion and sediment controls that achieve, in combination, the sediment load reduction equivalent to a 50-foot undisturbed natural buffer.

b. Alternatives. In areas where it is infeasible to maintain the 50-foot buffer, the operator shall:

i. Document in the SWPPP the reasons why the 50 foot buffer cannot be maintained, and identify the additional erosion and sediment controls selected;

ii. Preserve as much buffer as possible and design, implement and maintain additional erosion and sediment controls (such as berms, diversion dikes, sediment basins, etc.);

iii. Ensure that all discharges from the area of construction activity to the natural buffer are first treated by the site’s erosion and sediment controls, and use velocity dissipation devices if necessary to prevent erosion caused by stormwater within the buffer;

iv. Document in the SWPPP the natural buffer width retained on the property, and show the buffer boundary on the site plan;

v. Delineate, and clearly mark off, with flags, tape, or other similar marking device all natural buffer areas; and

vi. Follow the additional stabilization requirements described in Part 3.4(1).

The operator is not required to enhance the quality of the vegetation that already exists in the buffer, or provide vegetation if none exists.

c. Exceptions.

i. If there is no discharge of stormwater to perennial waters through the area between the site and any perennial waters located within 50 feet of the site, the operator is not required to comply with the requirements in this Part. This includes situations where control measures, such as a berm or other barrier that will prevent such discharges, have been implemented.

ii. Where no natural buffer exists due to preexisting development disturbances (e.g., structures, impervious surfaces) that occurred prior to the initiation of planning for the current development of the site, operators are not required to comply with the requirements in this Part, unless portions of the preexisting development are removed.

Where some natural buffer exists but portions of the area within 50 feet of the perennial water are occupied by preexisting development disturbances, operators are required to comply with the requirements in this Part. For the purposes of calculating the sediment load reduction, an operator is not expected to compensate for the reduction in buffer function from the area covered by these preexisting disturbances.

If, during the life of the project, any portion of these preexisting disturbances will be disturbed, the area disturbed will be deducted from the area treated as natural buffer.

iii. Linear construction activities are not required to comply with the requirements in this Part if site constraints (e.g., limited right-of-way) prevent the operator from meeting any of the compliance alternatives in Part 3.3(7), provided that, to the extent practicable, disturbances are limited to within 50 feet of the perennial water and/or the operator provides supplemental erosion and sediment controls to treat stormwater discharges from construction activities within 50 feet of the perennial water. The operator shall document in the rationale for why it is infeasible to comply with the requirements in Part 3.3(7) in the SWPPP, and describe any buffer width retained and/or supplemental erosion and sediment controls installed.

iv. “Small residential lot” construction (see Appendix A) is exempt from buffer requirements, provided that the operator minimizes the discharge of pollutants by complying with the requirements of Parts 3.3 through 3.8.

v. The following disturbances within 50 feet of a perennial water are exempt from the requirements in this Part:

a. Construction approved under a CWA section 404 permit; or

b. Construction of a water-dependent structure or water access area (e.g., pier, boat ramp, trail).

Any of the above disturbances that occur within the buffer area shall be documented in the SWPPP.

8. The operator shall minimize soil compaction, unless minimizing soil compaction is not required because the intended function of a specific area of the site dictates that it be compacted. Preserve topsoil, unless preserving topsoil is not required because the intended function of a specific area of the site dictates that the topsoil be disturbed or removed.

3.4 Site Stabilization Requirements, Schedules and Deadlines.

The operator shall comply with the stabilization requirements in this…