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AGENDA
STORMWATER UTILITY COMMISSION
REGULAR SESSION
FEBRUARY 17, 2022
HOPI CONFERENCE ROOM
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 4:00 PM
CALL TO ORDER
ROLL CALL
CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on any
issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Commission
members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or
respond to criticism made by speakers. However, the Commission may not discuss or take legal action on
matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what
you wish to discuss when completing the blue speaker card.
COUNCIL LIAISON COMMENTS (INFORMATIONAL ONLY)
DIRECTORS REPORT (INFORMATIONAL ONLY)
REGULAR SESSION AGENDA
1.REVIEW AND APPROVAL OF THE JANUARY 20, 2022 MEETING MINUTES
2.DISCUSSION OF MEETINGS AND EVENTS
3.DISCUSSION OF FEDERAL EMERGENCY MANAGEMENT AGENCY NEW FLOOD INSURANCE RISK
RATING 2.0 PROGRAM PRESENTED BY JOSEPH CUFFARI, PIMA COUNTY REGIONAL FLOOD
CONTROL DISTRICT
4.DISCUSSION OF STORMWATER QUALITY REGULATIONS AND ACTIVITIES
FUTURE AGENDA ITEMS
ADJOURNMENT
POSTED: 02/11/22 at 5:00 p.m. by pp
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior
to the Commission meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs
any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Commission meeting
at 229-4700.
In accordance with the Pima County Health Department's most recent health advisory, the Town respectfully asks all
in-person meeting attendees, regardless of vaccination status, to please wear a mask while indoors. COVID-19
remains a fluid situation, and the Town will adjust its safety guidelines in accordance with any future health advisories
from the health Department.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not
listed as a public hearing are for consideration and action by the Commission during the course of their
business meeting. Members of the public may be allowed to speak on these topics at the discretion of the
Chair.
If you wish to address the Commission on any item(s) on this agenda, please complete a blue speaker card located
on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the
speaker card which item number and topic you wish to speak on, or if you wish to speak during “Call to
Audience,” please specify what you wish to discuss when completing the blue speaker card.
Please step forward to the podium when the Chair announces the item(s) on the agenda which you are interested in
addressing.
1. For the record, please state your name and whether or not you are a Town resident.
2. Speak only on the issue currently being discussed by the Commission. Please organize your speech, you will only
be allowed to address the Commission once regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During “Call to Audience”, you may address the Commission on any issue you wish.
5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation.
“Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions and Committees: In accordance
with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-4 of the Oro Valley Town Code, a majority of the
Town Council, Board of Adjustment, Historic Preservation Commission, Parks and Recreation Advisory Board,
Stormwater Utility Commission, and Water Utility Commission may attend the above referenced meeting as a
member of the audience only.”
Stormwater Utility Commission 1.
Meeting Date:02/17/2022
Submitted By:Yarina Hynd, Public Works
SUBJECT:
REVIEW AND APPROVAL OF THE JANUARY 20, 2022 MEETING MINUTES
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve (approve with changes), the January 20, 2022 meeting minutes.
Attachments
01-20-22 Draft Minutes
D R A F T
MINUTES
STORMWATER UTILITY COMMISSION
REGULAR SESSION
JANUARY 20, 2022
HOPI CONFERENCE ROOM
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 4:00 PM
CALL TO ORDER
Chair Cuffari called the meeting to order at 4:03 P.M.
ROLL CALL
Present: Gary Mattson, Commissioner
David Parker, Vice Chair
William Thomas, Commissioner
Joseph Cuffari, Chair
Absent: Richard Crocker, Commissioner
Staff Present:Aimee Ramsey, Assistant Director Public Works
John Spiker, Stormwater Division Manager
Scott Bennett, Stormwater Utility Analyst
Harry Greene, Town Council Liaison
Assistant Director Public Works Aimee Ramsey attended via telephone.
CALL TO AUDIENCE
There were no speaker requests during the Call to Audience.
COUNCIL LIAISON COMMENTS (INFORMATIONAL ONLY)
Councilmember Greene commented that Council worked with Oro Valley Village Center applicant to late hours at
last night's Town Council Meeting. He also commented that it is a great program and will be very nice.
Stormwater Division Manager John Spiker commented that the area under discussion is the Oro Valley
Marketplace.
DIRECTORS REPORT (INFORMATIONAL ONLY)
Mr. Spiker commented on the following:
2021 Rainfall Report - Last year was one of the wettest years on record. 14.4" of rain was recorded at the
Pima County rain gauge at 680 W Calle Concordia. That is the most rain recorded since it was installed in
2001. Even with the volume of rain there were very few significant flood events or safety related issues.
1/20/22 Minutes, Stormwater Utility Commission Regular Session 1
The floodplain management strategy, the outreach efforts we have been providing are reaching their
target. Our maintenance operations are keeping the channel capacities at a level that can move the
stormwater through the systems. Kudos to everyone involved.
Renovations are ongoing at 680 W Calle Concordia building.
Stormwater Billing and Customer portal upgrades have been delayed possibly until later this Spring as the
vendor irons out certain issues.
REGULAR SESSION AGENDA
1.REVIEW AND APPROVAL OF THE DECEMBER 16, 2021 MEETING MINUTES
Motion by Commissioner William Thomas, seconded by Vice Chair David Parker to approve the
meeting minutes as written.
Vote: 4 - 0 Carried
2.WELCOME TO THE NEW STORMWATER UTILITY COMMISSION MEMBER, RICHARD CROCKER
Mr. Spiker commented on the past public works experience of Commissioner Crocker and welcomed
him to the Stormwater Utility Commission.
3.DISCUSSION OF MEETINGS AND EVENTS
Mr. Spiker reported on recent meetings and events.
4.NOMINATION AND ELECTION OF STORMWATER UTILITY COMMISSION CHAIR EFFECTIVE
JANUARY 21, 2022
Motion by Vice Chair David Parker, seconded by Commissioner William Thomas to nominate Joe
Cuffari as Stormwater Utility Commission Chairman.
Vote: 4 - 0 Carried
5.NOMINATION AND ELECTION OF STORMWATER UTILITY COMMISSION VICE CHAIR EFFECTIVE
JANUARY 21, 2022
Commissioner Parker nominated Commissioner Mattson.
Commissioner Mattson declined.
Motion by Commissioner William Thomas, seconded by Chair Joseph Cuffari to nominate Richard
Crocker as Stormwater Utility Commission Vice Chairman.
Vote: 4 - 0 Carried
6.DISCUSSION OF 2021/2022 TOWN OF ORO VALLEY MS4 COMPLIANCE SCHEDULE, SECOND
QUARTER REPORT
Stormwater Utility Analyst Scott Bennett reported on the 2nd quarter of the MS4 Compliance Schedule
1/20/22 Minutes, Stormwater Utility Commission Regular Session 2
Stormwater Utility Analyst Scott Bennett reported on the 2nd quarter of the MS4 Compliance Schedule
of the 21/22 reporting period. A review of the checklist followed. Mr. Bennett commented on a few
highlights:
New MS4 permit was adopted by State, some requirements via the new permit had changed
and our 2nd quarter was spent updating our Stormwater Management program to fit the new
permit.
BMP 2.5 Encouragement of public participation via volunteer groups: The Adopt-A- programs
were revamped, scheduling and reporting are now done via internet. This move helps us collect
numbers for ADEQ yearly report.
The new permit required us to inspect some of our facilities more often, to rank the facilities with
risk assessment and inspect the higher risk quarterly instead of annually. The 680 facility and the
Golf Maintenance facility were ranked at the higher level.
The Aquatic Center, where chemicals are being stored, is inspected one time a year
Mr. Spiker explained we are required to do these particular tasks on the compliance schedule
because it is part of our MS4 permit with the state, we are required to meet all the tasks.
Discussion ensued on how Stormwater works along with other departments during ongoing
construction projects. Questions were asked regarding how constituents questions can be answered
during construction. Mr. Spiker commented that the Commissioners can contact him with any questions
and for informational purposes there is a project page on the Town's website. It was also
recommended that for a quick response any constituents questions or concerns can be addressed to
"Ask Oro Valley" directly from the Towns' website.
Chair Cuffari added that he may know of some educational outreach opportunities for the Stormwater
Utility.
7.STORMWATER UTILITY OVERVIEW
Mr. Spiker gave an overview of the function of the Stormwater Utility. The Stormwater Utility is to
remain compliant with the Federal and State mandates pertaining to stormwater quality and stormwater
quantity.
FUTURE AGENDA ITEMS
Stormwater Quality discussion
National Flood Insurance Program Risk Rating 2.0
ADJOURNMENT
Motion by Vice Chair David Parker, seconded by Chair Joseph Cuffari to adjourn the meeting.
Vote: 4 - 0 Carried
Chair Cuffari adjourned the meeting at 5:03 P.M.
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the
1/20/22 Minutes, Stormwater Utility Commission Regular Session 3
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the
Town of Oro Valley Stormwater Utility Commission of Oro Valley, Arizona held on the 20th day of January 2022. I
further certify that the meeting was duly called and held and that a quorum was present.
___________________________
Yarina Hynd
Office Specialist
1/20/22 Minutes, Stormwater Utility Commission Regular Session 4
Stormwater Utility Commission 2.
Meeting Date:02/17/2022
Requested by: John Spiker, Public Works Submitted By:John Spiker, Public Works
SUBJECT:
DISCUSSION OF MEETINGS AND EVENTS
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
The following is a list of immediate past and future stormwater meetings and events.
January 19, 2022 - Pima County Regional Flood Control District Advisory Committee Meeting
January 20, 2022 - Oro Valley Stormwater Utility Commission Regular Session Meeting
February 14, 2022 - Pima Association of Governments, Water Resources Low Impact Development Committee
Meeting
February 16, 2022 - Pima County Regional Flood Control District Advisory Committee Meeting
February 17, 2022 - Oro Valley Stormwater Utility Commission Regular Session Meeting
BACKGROUND OR DETAILED INFORMATION:
For informational purposes only
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Stormwater Utility Commission 3.
Meeting Date:02/17/2022
Requested by: John Spiker, Public Works Submitted By:John Spiker, Public Works
SUBJECT:
DISCUSSION OF FEDERAL EMERGENCY MANAGEMENT AGENCY NEW FLOOD INSURANCE RISK RATING
2.0 PROGRAM PRESENTED BY JOSEPH CUFFARI, PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT
RECOMMENDATION:
For informational purposes only
EXECUTIVE SUMMARY:
The National Flood Insurance Program’s (NFIP) current rating methodology has not changed since the 1970s and
does not consider individual flood risk and underlying home values. Since then, technology, access to data, and the
understanding of flood risk have evolved. By leveraging industry best practices and current technology, the Federal
Emergency Management Agency (FEMA) can deliver rates that are easier to understand and better reflect a
property’s unique flood risk. FEMA seeks to achieve more complete recovery by accurately and clearly
communicating flood risk and how it is reflected in flood insurance costs, providing individuals with information to
make more informed decisions on purchasing flood insurance and reducing flood risk.
Risk Rating 2.0 will fundamentally change the way FEMA rates a property’s flood risk and prices insurance by
incorporating common sense variables (e.g., more types of flood risk and distance to flooding source) into the rating
methodology. Pairing state-of-the-art industry technology with the NFIP’s mapping data to establish a new
risk-informed rating plan. You are encouraged to read the FEMA Risk Rating 2.0 Fact Sheet for more information
which can be found on FEMA’s website.
Risk Rating 2.0 Effective Dates:
PHASE I
New and renewing policies beginning Oct. 1, 2021, will be subject to the new rating methodology.
PHASE II
All remaining policies renewing on or after April 1, 2022, will be subject to the new rating methodology.
BACKGROUND OR DETAILED INFORMATION:
Since damages resulting from flooding are usually not covered under regular homeowner or business insurance
policies, specific flood insurance policies are needed. Renters may also purchase contents coverage flood
insurance. The National Flood Insurance Act of 1968 made affordable flood insurance possible through
federally-subsidized programs. Property owners in Oro Valley may purchase flood insurance that will typically
cover structures and their contents from losses due to flooding. Improvements such as fencing, walls, swimming
pools, landscaping or small storage sheds, however, are usually not covered by this insurance.
If your home is in a federally-mapped (FEMA) floodplain and you finance it with a loan backed by the federal
government, then flood insurance is mandatory. Even when not required by law, the Stormwater Utility always
recommends purchasing flood insurance. Many flood damaged structures are located outside of federally mapped
floodplains. It is not uncommon for property owners to discover that their homeowners insurance does not cover
flooding only after they have been flooded.
When you are planning to purchase a new home or property always confirm the floodplain status of the property
before you purchase the property. You can do this yourself by contacting our office. Please note that real estate
agents are only required to determine if a property is within a federally mapped floodplain, so if your realtor provides
flood information to you, be sure to verify whether or not the realtor has determined if the property is impacted by
locally mapped floodplains. Additional information on flood insurance can also be obtained from FEMA.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Attachments
FEMA Risk Rating 2.0
Individual Risks,
Individual Insurance,
Risk Rating 2.0
JOSEPH CUFFARI, CFM, PROGRAM MANAGER
PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT
Risk Rating 2.0 –Equity in Action
Equity in Action = Property owners will no longer pay more than their share in
premiums based on the value of their home.
What’s the Deal With Risk Rating 2.0
FEMA, through new pricing methodology, will better inform individuals and communities about flood risk, set premiums to strongly signal those risks and promote actions to mitigate against them.
Current NFIP policies statistics:
5 million policies in force
$1.3 Trillion in coverage amount
22,525 communities across the nation
75% are part of the CRS
67% of all policies come from CRS communities
It pays to be in the CRS
The maximum policy cost will go down drastically
New Methods for Pricing Flood
Insurance
New pricing methodology
Arizona = 25% immediate decrease. 68% will see a no change or up to $10 increase per month. Simplified approach in rating methodology
Use of 2018 Affordability Framework as a guide
Lower income earners generally live in higher hazard areas. How do we combat this?
Utilizes resource investments and best available data
FEMA sourced data
Additional data sources (USGS, US Army Corps, NOAA)
Includes up front fees and surcharges
Simplify the quote process –policies will show the total premium price
Eliminate elevation certificate requirement for policy pricing
Elevation certificates will still be required for verifying construction and floodplain management
Expanded mitigation credits
Expand CRS discounts to ALL floodplains (SFHA, OFHA, X, etc.). Discounts will be uniformly applied across the community.
25% for Pima County
20% City of Tucson
15% Town of Marana
Leveraging more information on flood hazards related to levees –all levees will be considered regardless of if they are accredited or not
Reflects prior claims
Prior NFIP claims is based on a loss history over a 20-year rolling window period and 1 claim is forgiven
Only counts claims over the deductible amount
Replacement Cost Value (RCV) instead of Full Cash Value (FCV)
RCV is not the market value of the structure -just the cost to rebuild what would be damaged
Considers loss difference between higher-valued and lower-valued homes
BFEs and flood zones will not be used in rating consideration
What IS Changing
What IS NOT Changing
Federal law of rate caps on premium increases ( max 18%) -> set by Congress
Premium discounts through CRS involvement
Transfer of discounts to new property owners
Use of FIRMs for mandatory purchase and floodplain management regulations
What is Being PHASED OUT
Preferred risk policies (X-zones)
Grandfathered rates
Mortgage Portfolio Protection (rarely used)
Submit for Rates (rarely used)
Rating Variables
Flood type or river class (fluvial vs. pluvial)
Fluvial = relating to a stream/river/ocean
Pluvial = relating to rain
Distance to flooding source (main
channel)
Elevation (lowest finished floor and
finished floor elevation)
Flood frequencies (10-year, 100-year,
500-year)
Building Variables
Replacement Cost Value
Construction type (wood vs. masonry)
Foundation type
# of floors
Mitigation credits:
Post, piles, piers -> with or without enclosures
underneath (mostly in coastal zones)
Flood openings -> specific credit applied varies
based on foundation type and first floor height.
Percentage is based on height above grade and
type of use.
Machinery equipment elevation
Data and Analysis
First floor height tool and FEMA assumptions comes from
CORELOGIC
CORELOGIC is NOT available to communities right now for testing
Property owners can provide additional information to their
insurance agent to help refine a quote. If after providing additional
information and the quote increases, the lower premium will be
given. Additional information includes:
Ground elevation survey
Elevation certificate for finished floor elevation
RCV quotes
Claims history
Pictures/verification of mitigation elements
Data and Analysis
Elevations of the structure will be relative to flooding source
Local relative elevation = 500 meters squared
If the structure sits higher than the average of the surrounding area, it
will be a lower rate; if it sits lower than the average it will be a higher
rate
First floor height = first living floor above ground
Important for electrical/machinery and mitigation discounts
Various ratings of the elevation of first floor height:
Slab on grade
Basement
Crawlspace
Solid wall foundation
When Does This Go Into Effect &
What are the Benefits
Beginning October 1, 2021, new policyholders will be subject to the
new flood rating system.
By April 1, 2022, all renewing policyholders will be folded into the
new program.
Zip Code Breakdowns
CRS Rating Modification Impact
Cost Breakdowns and Questions
Mt. Lemmon Short Rd.Camino De La Jicarilla S. Postvale Rd.
Questions:
•Reserve Fund Assessment? –“…purpose is to set aside a fund to pay future claims.” (Flood Insurance
Manual)
•Mitigation Discount does not count for much? Is it worth it for already in-place equipment?
•Zone X-Shaded, bank protected, lesser valued home is rated a higher premium than more at-risk
structures?
•No X-Shaded option, just X
•Distance to flooding source (main channel)?
Electrical/machinery
elevated above first floor
Positives
Standard web address to access the pricing portal
Not a software product
Quick and easy to produce and receive quotes
5 minutes
“Flood Chat” online help tool for insurance agents
Pictures showing elevation methods and foundation types
Slab on grade, crawlspace, piers, basement, etc.
Latitude and Longitude used for central point
Not just the property address
Occupancy Information gathered
Small business, non-profit entity, primary residence, rental
Being used to verify “equity in action” and contents coverage?
Important Links and More
Information
Joseph Cuffari, CFM, Program Manager
Pima County Regional Flood Control District
Joseph.Cuffari@pima.gov
Risk Rating 2.0 -https://www.fema.gov/flood-insurance/work-with-nfip/risk-rating
Video -https://www.youtube.com/watch?v=oi2g-0GfgMk
Stormwater Utility Commission 4.
Meeting Date:02/17/2022
Requested by: John Spiker, Public Works Submitted By:John Spiker, Public Works
SUBJECT:
DISCUSSION OF STORMWATER QUALITY REGULATIONS AND ACTIVITIES
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
Among its numerous municipal duties and functions, the Town of Oro Valley (Town) manages stormwater quality in
accordance with the Environmental Protection Agency Clean Water Act. Administered by the Arizona Department
of Environmental Quality through the Arizona Pollutant Discharge Elimination System, the program authorizes
permitees to discharge stormwater from the Municipal Separate Storm Sewer System (MS4) to receiving waters,
including the Waters of the United States. In order to help meet regulatory obligations, the Town adopted its first
Stormwater Ordinance in 2001, and amended it 2007 and 2010 (Town Code Article 15-24).
In accordance with Town Code Article 15.24 and to meet all stormwater quality regulations, the Stormwater Utility
issues and maintains the Town's Stormwater Management Plan and supports all other Town programs that are
impacted by stormwater runoff. These activities ensure the Town is monitoring, educating, and maintaining
stormwater quality standards set forth by the federal and state agencies.
BACKGROUND OR DETAILED INFORMATION:
The Illicit Discharge Detection & Elimination (IDDE) Program is intended to ensure the health, safety, and general
welfare of citizens, and the environment by protecting and enhancing the stormwater quality discharged through
watercourses within the Town of Oro Valley.
For examples of illicit discharges, view the educational YouTube video "Illicit Discharge Detection &
Elimination: A Grate Concern"
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Attachments
Town Code 15.24
Draft Stormwater Management Plan
SMP Appendix A
SMP Appendix B
SMP Appendix C
SMP Appendix D
SMP Appendix E
SMP Appendix F
SMP Appendix G
SMP Appendix H
SMP Appendix I
AZ Construction General Permit
Stormwater Quality
15-24-1
15-24-2
15-24-3
15-24-4
15-24-5
15-24-6
15-24-7
15-24-8
15-24-9
15-24-10
15-24-11
15-24-12
15-24-13
15-24-14
Article 15-24
STORMWATER
Sections:
Authority
Need and Purpose
Area of Jurisdiction
“Town-Owned Stormwater Utility (“Enterprise”)”
(Reserved)
Stormwater Utility Commission
Director of Administration
Adoption of Stormwater Management Plan
Facilities
Reserve Funds
Disclaimer
Rules of Interpretation
Stormwater Utility Fee System
Stormwater Management and Discharge Control
15-24-1 Authority.
This article may be referred to as the Town of Oro Valley Stormwater Utility Ordinance. This article is adopted
pursuant to ARS 9-521, which defines stormwater as a utility undertaking, and ARS 9-522, which authorizes the
Town to issue bonds and prescribe service charges so that a utility undertaking for which bonds are issued will
always remain self-supporting with revenue sufficient to repay bonds and provide for the expenses of operation,
maintenance, expansion and replacement of facilities. ((O)01-15, 06/20/2001)
15-24-2 Need and Purpose.
A. The occurrence of storms and other events that may cause periodic flooding of land. Such periodic flooding, in
sound engineering practice, requires the planning, design, construction, operation, and maintenance of facilities
that safely drain and control the quantity and quality of runoff from such storms and other events.
B. The purpose of this article is to provide for the creation of the Town of Oro Valley Stormwater Utility and to
adopt appropriate funding mechanisms and service charges to provide the needed stormwater facilities.
((O)01-15, 06/20/2001)
Article 15-24 Stormwater | Oro Valley Town Code Page 1 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
15-24-3 Area of Jurisdiction.
The Stormwater Utility applies to all areas within the incorporated limits of the Town. ((O)01-15, 06/20/2001)
15-24-4 “Town-Owned Stormwater Utility (“Enterprise”).”
A. The Stormwater Utility shall constitute an enterprise of the Town. The Town, may issue its own revenue bonds
or other obligations (including refunding securities) on behalf of the Town. The revenue bonds or other obligations
shall be payable solely from the net revenues derived from the operation of the Stormwater Utility. Such revenue
bonds or other obligations may be additionally secured by mortgages on or security interest in any real or
personal property of the Town used in the operation of the Stormwater Utility. The ordinance issuing any such
revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to
the same extent as any ordinance of the Town in accordance with Arizona law.
B. Any pledge of net revenues derived from the operation of the Stormwater Utility shall be subject to limitations
on future pledges thereof contained in any ordinance authorizing the issuance of outstanding bonds or other
obligations of the Town payable from the same source or sources. All bonds or other obligations issued by
ordinance payable from the net revenues derived from the operation of the Stormwater Utility and all revenue
bonds or other obligations of the Stormwater Utility payable solely from the net revenues derived from the
operation of the Stormwater Utility, shall be treated as having the same obligor and as being payable in whole or
in part from the same source or sources.
C. The Stormwater Utility shall also be authorized to have and exercise the following powers in furtherance of its
purpose: 1) to hold meetings concurrently with regular and special meetings of the Town Council; 2) to have and
use a seal; 3) to issue its revenue bonds for stormwater purposes in the manner in which Town revenue bonds
may be issued; 4) to pledge any revenues of the Town’s stormwater system to the payment of such revenue bonds
and to pay such revenue bonds therefrom; 5) to enter into contracts relating to the stormwater system in the
manner in which Town contracts may be entered into; 6) to make representations, warranties, and covenants
relating to the stormwater system on behalf of the Town; 7) to exercise rights and privileges of the Town relating
to the stormwater system; and 8) to bind the Town to perform any obligation relating to the stormwater system
other than the multiple-fiscal year direct or indirect debt or other financial obligation(s) of the Town without
adequate present cash reserves pledged irrevocably and held for payments in all future years.
D. All revenues and expenditures of the Town, or of the Stormwater Utility relating to the stormwater system,
shall be considered revenues and expenditures of the Stormwater Utility. ((O)01-15, 06/20/2001)
15-24-5 (Reserved).
(Reserved). ((O)01-15, 06/20/2001)
Article 15-24 Stormwater | Oro Valley Town Code Page 2 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
15-24-6 Stormwater Utility Commission.
There is hereby established an entity to be called the Town of Oro Valley Stormwater Utility Commission. The
Commission shall be comprised of five (5) Oro Valley residents, and the Mayor and Council shall appoint the
members. ((O)01-15, 06/20/2001)
15-24-7 Director of Administration.
The Public Works Director, or designee, shall serve as the Administrator of the Stormwater Utility. ((O)01-15, 06/20/
2001)
15-24-8 Adoption of Stormwater Management Plan.
The Stormwater Utility shall adopt a comprehensive Stormwater Management Plan in conformance with the
Environmental Protection Agency’s National Pollutant Discharge Elimination System (NPDES) Phase II guidelines
(40 C.F.R. 9.122-125). The Stormwater Management Plan shall outline the goals and objectives of the stormwater
system and identify the various elements of the system necessary to achieve the goals and the associated costs in
accordance with generally accepted hydrology practices. ((O)01-15, 06/20/2001)
15-24-9 Facilities.
All stormwater conveyance facilities owned by or dedicated to the Town within the area of jurisdiction shall be
considered the facilities of the Stormwater Utility. Stormwater conveyance facilities constructed as a part of private
development shall not be dedicated to the public unless a request is made of the Town to accept dedication of
such facilities and the Administrator determines that the facilities are constructed to current Town standards and
that it is in the public interest to accept such dedication. Such facilities and/or interests in real property shall not
be conveyed to the Town prior to the issuance of a formal acceptance by the Town. ((O)01-15, 06/20/2001)
15-24-10 Reserve Funds.
The Stormwater Utility shall maintain reserve funds for unexpected and/or emergency needs. The need for use of
said funds shall be determined by the Board with recommendations from the Commission, or in the case of an
emergency where the Commission can not be convened in a timely manner, with recommendation from the
Director. This reserve shall be fifteen percent (15%) of the collected annual stormwater fees. ((O)01-15, 06/20/
2001)
Article 15-24 Stormwater | Oro Valley Town Code Page 3 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
15-24-11 Disclaimer.
Floods from stormwater runoff may occasionally exceed the capacity of stormwater facilities constructed and
maintained pursuant to this article. This article does not denote that property liable for the fees and charges
established by this article would always be free from stormwater flooding or flood damage. This article does not
purport to reduce the need or the necessity for the property owners to obtain flood insurance. This article does
not create any liability on the part of the Town or any officer or employee thereof for any damages that may result
from reliance on this article or actions of the Stormwater Utility. This article, other than as provided for in this
section, does not relieve any person from liability for actions taken, or not taken, for damage to persons or the
property of others. ((O)01-15, 06/20/2001)
15-24-12 Rules of Interpretation.
Nothing in this article shall be construed to limit or repeal other powers granted to the Town. Should provisions of
this article conflict or overlap with other regulations, ordinances, or statutes, the regulation, ordinance, or statute
that imposes the more stringent requirement or restriction shall prevail. ((O)01-15, 06/20/2001)
15-24-13 Stormwater Utility Fee System.
A. Findings.
1. The Town maintains a system of storm and surface water management facilities including, but not limited
to, inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins,
infiltration facilities, and other components as well as natural waterways.
2. The stormwater system in the Town needs regular maintenance, repair and improvements.
3. Stormwater quality is degraded due to erosion and the discharge of nutrients, metals, organic
compounds including oil and grease, and other substances into and through the stormwater system.
4. Stormwater quantity is affected by erosion, design of drainage, maintenance of stormwater channels,
channel vegetation, floodway and flood plain characteristics and changes, and deposition of material in the
channels.
5. The public’s health, safety, and welfare are adversely affected by poor stormwater quality and flooding
that result from inadequate management of both the quality and quantity of stormwater.
6. All real property in the Town either uses or benefits from the maintenance of the stormwater system.
7. The extent of use of the stormwater system by each property is dependant on factors that influence
runoff, including land use and the amount of impervious surface on the property.
Article 15-24 Stormwater | Oro Valley Town Code Page 4 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
8. The costs of improving, maintaining, repairing, operating, and monitoring the stormwater system shall be
allocated, to the extent practicable, to all property owners based on the impact of runoff from the impervious
areas of their property on the stormwater control and conveyance system.
9. Management of the stormwater system to protect the public health, safety, and welfare as well as meet
the Arizona Pollutant Discharge Elimination System Phase II permit and FEMA requirements requires
adequate revenues. It is in the interest of the public to finance stormwater management with a fee system
that is reasonable and equitable. Single-family residences will be charged a flat rate for one (1) ERU. Non-
single-family and religious/educational property owners will be charged a multiple rate equal to the amount of
impervious area on their property divided by the amount of one (1) ERU (four thousand (4,000) square feet).
This formula will charge property owners on the basis of their properties’ impact to the stormwater system.
B. Authority. Authority for the adoption of a system of charges to fund the implementation of stormwater
management programs is conferred on the Town by ARS 9-530, as amended.
C. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings
indicated:
1. “Administrator of the Stormwater Utility” or “Administrator” means the Town Engineer, or designee, shall
serve as the Administrator of the Stormwater Utility.
2. “Arizona Pollutant Elimination Discharge System (AZPDES)” means a program required under Section
402(b) of the Clean Water Act (CWA), in accordance with 40 CFR 123.22. The program specifies how the
Arizona Department of Environmental Quality (Department) will administer the National Pollutant Discharge
Elimination System (NPDES) program. The program is found in Article (3.1) of the Arizona Revised Statutes in
Chapter 2, under Title 49 authorizing a state NPDES program. The administrative rules for an Arizona Pollutant
Discharge Elimination System (AZPDES) program are consistent with, but no more stringent than, the NPDES
program and the requirements of Sections 402(b) (state permit programs) and 402(p) (municipal and
industrial stormwater discharges) of the CWA.
3. “Equivalent residential unit (ERU)” means approximate average amount of impervious area associated
with single-family residential property in the Town.
4. “Base rate (BR)” means the Stormwater Utility flat fee to an ERU of four thousand (4,000) square feet of
impervious surface.
5. “Commission” means the Stormwater Utility Commission for the Town of Oro Valley established under
this article.
6. “Developed property” means real property which has been altered from its structures, or other
impervious area.
7. “Undeveloped property” means real property in its untouched natural state.
8. “Fee” or “Stormwater Utility fee” means the charge established under this section and levied on owners of
parcels or pieces of real property to fund the costs of stormwater management, implementation of the
Article 15-24 Stormwater | Oro Valley Town Code Page 5 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
Stormwater Management Plan together with constructing, operating, maintaining, repairing, and improving
the stormwater system in the Town.
9. “FEMA” means the Federal Emergency Management Agency.
10. “Fiscal year” means July 1st of a calendar year to June 30th of the next calendar year, both inclusive.
11. “Impervious surface area” means the number of square feet of horizontal surface covered by buildings
and other impervious surface, which is compacted or covered with material that is resistant to infiltration by
water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways,
parking lots, and any other oiled, graveled, graded, compacted, or other surface that impedes the natural
infiltration of surface water.
12. “Multifamily dwelling” means a building with more than three (3) dwelling units (to include apartments
and condominiums).
13. “Nonresidential property” means developed property other than single-family residential property. Such
property shall include, but not be limited to, multifamily dwellings, commercial properties, industrial
properties, parking lots, hospitals, recreational and cultural facilities, hotels, and offices.
14. “Educational facilities, religious institutions and nonprofits” means any developed public, private, or
parochial school or any building recognized as a religious facility or nonprofit use.
15. “Property owner” means the property owner of record as listed in the Pima County Assessor’s roll. A
property owner includes any individual, corporation, firm, partnership, or group of individuals acting as a unit,
and any trustee, receiver, or personal representative.
16. “Single-family residential property (SFR)” means a developed property that serves the primary purpose of
providing a permanent dwelling unit. Single-family residential property shall also include duplexes and
triplexes. A single-family detached dwelling containing an accessory apartment or second dwelling unit is
included in this definition.
17. “Stormwater utility fund” or “fund” means the fund created by this chapter to operate, maintain, repair,
and improve the Town’s stormwater system and implement the Town’s Stormwater Management Plan.
18. “Stormwater Management Plan” means the planning, design, construction, regulation, improvement,
repair, maintenance, operation of facilities and programs necessary for the Town to meet the compliance
requirements of the Arizona Pollutant Discharge Elimination System (AZPDES) Phase II Municipal General
Permit and FEMA Regulations as relating to water, flood plains, flood control, grading erosion, and sediment
control along those activities.
19. “Stormwater system” means the system or network of storm and surface water facilities including but
not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention
basins, infiltration facilities and other components as well as all natural waterways (including washes). It shall
also mean the activities associated with implementing the Stormwater Management Plan.
20. “Water” means any stormwater, surface water, snow melt or ground water.
Article 15-24 Stormwater | Oro Valley Town Code Page 6 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
D. Establishment of Stormwater Utility Fund.
1. The Stormwater Management Plan is established to provide for the Town’s compliance with the AZPDES
Phase II Municipal General Permit requirements and to provide the stormwater system necessary to convey
stormwater, control flooding, and to protect the natural environment. The costs of complying with the AZPDES
Phase II program and FEMA Regulations along with designing, developing, improving, operating, maintaining,
and monitoring the stormwater system required in the Town should, therefore, be allocated, to the extent
practicable, to all property owners based on their impact on the stormwater system. In order to provide
revenue to fund those costs and to fairly allocate those costs, a Stormwater Utility Fund (the “fund”) is
established.
2. All revenues collected from the Stormwater Utility fee, from grants, permit fees, penalties and other
charges collected under this article, shall be deposited to the fund. The Town Council may make additional
appropriations to the fund. All disbursements from the fund shall be for the purposes of the fund as set forth
in subsection E of this section, and the fund shall be used for those purposes only.
E. Purposes of the Fund. The fund shall be used for the following purposes:
1. All costs of implementation and administration of the Stormwater Management Plan, including the
establishment of reasonable operating and capital reserves to meet unanticipated or emergency stormwater
management requirements. There shall be a reserve fund of fifteen percent (15%) of the collected annual
stormwater fees as specified under Section 15-24-10 of this code.
2. Inspection and enforcement activities.
3. Billing and administrative costs.
4. Other activities that are reasonably required to accomplish the mission of the Stormwater Management
Plan.
F. Stormwater Utility Fee. A monthly service charge is imposed upon all real property in the Town, as of the first
day of each month, beginning January 1, 2008, to fund the Stormwater Management Plan and stormwater system
with invoicing as defined in subsection J of this section. This service charge shall be known as the Stormwater
Utility fee (“fee”). As any real property is developed or developed real property is annexed into the Town it will be
subject to the fee. The fee is based on the cost of implementing a stormwater management program.
G. Classification of Property for Purposes of Determination of the Stormwater Utility Fee.
1. For purposes of determining the Stormwater Utility fee, all properties in the Town are classified into one
of the following classes:
a. Single-family residential property; or
b. Nonresidential property; or
c. Educational facilities, religious institutions and nonprofits.
Article 15-24 Stormwater | Oro Valley Town Code Page 7 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
2. Single-Family Residential (SFR) Fee. All developed single-family residential properties in the Town shall be
charged a flat Stormwater Utility fee, equal to the base rate, regardless of the size of the parcel or the
improvements.
3. Non-Single-Family Residential Property (NSFR) Monthly Fee. A developed non-single-family residential (NSFR)
property will be charged a fee for the number of ERUs of impervious area. The impervious area for developed
NSFR property may be determined through site examination, mapping information, aerial photographs and
other available information. NSFR without first flush capabilities or other approved stormwater pollution
prevention devices shall pay the base rate times the number of ERUs on the site. The monthly fee shall be
determined by dividing the total impervious surface (in square feet) by four thousand (4,000) and rounding
that value up or down to the nearest whole ERU amount and then multiplying the result by the base rate to
obtain the monthly fee. NSFR properties that incorporate first flush capabilities or other approved stormwater
pollution prevention devices are eligible for a twenty-five percent (25%) reduction in the fee, providing they
apply to and are approved by the Stormwater Utility Commission and meet the annual inspection and
maintenance requirements.
4. Educational Facilities, Religious Institutions and Nonprofits Monthly Fee. A developed religious institution,
school or other nonprofit property shall be eligible for a twenty-five percent (25%) fee reduction provided they
apply to and are approved by the Stormwater Utility Commission. In order to qualify for the fee reduction, the
educational facility, religious institution or nonprofit organization must conduct educational programs or
other tasks on the topic of stormwater management as approved by the Stormwater Utility Commission. No
developed educational facility, religious institution or nonprofit property shall pay less than seventy-five
percent (75%) of the base rate. The monthly fee shall be determined by dividing the total impervious surface
(in square feet) by four thousand (4,000) and rounding that value up or down to the nearest whole ERU
amount and then multiplying the result by the base rate to obtain the monthly fee.
H. Base Rate.
1. The Town Council shall, by resolution, establish the annual (fiscal year) monthly base rate for the
Stormwater Utility fee. The base rate shall be calculated to ensure adequate revenues to fund the costs of
stormwater management and to provide for the operation, maintenance, and capital improvements of the
stormwater system in the Town.
2. A schedule of fees shall be maintained by the Stormwater Utility, three (3) copies of which shall be
available at the Town Clerk’s office.
3. The Stormwater Utility Commission shall annually review the Stormwater Utility revenue requirements
and recommend to the Town Council rate adjustments as necessary.
I. Exemptions.
1. Property which is owned by the Town and other governmental agencies shall be exempt from the fee.
2. Undeveloped property shall be exempt from the fee.
J. Billing.
Article 15-24 Stormwater | Oro Valley Town Code Page 8 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
1. Each property served by the Oro Valley Water Utility shall be billed monthly for the Stormwater Utility fee.
Properties not served by the Oro Valley Water Utility shall be billed quarterly. The bill may be part of the Oro
Valley Water Utility bill, a separate billing, or some other reasonable mechanism.
2. Service charges shall begin January 1, 2008, with invoicing at the end of the month or quarter, as
appropriate.
K. Delinquent Stormwater Utility Fee Process/Penalties. For Oro Valley residents being served water by the Oro
Valley Water Utility and charged their stormwater utility fees as part of their Water Utility bill, the Oro Valley Water
Utility regulations shall apply to all delinquent fees.
For all other Oro Valley Stormwater Utility customers, the following shall be followed to obtain payment of
delinquent fees and penalties:
1. Process. Stormwater Utility fees are overdue twenty-one (21) days after the Stormwater Utility bill is issued
and a penalty for any overdue payments may be imposed.
a. The Stormwater Utility Manager shall send a delinquency notice to property owners responsible for
Stormwater Utility fees demanding payment of their delinquent fee within ten (10) days of the date of the
notice.
b. If there is no reply to the Stormwater Utility Manager’s letter, the Town Attorney’s office shall send a
letter demanding payment of the Stormwater Utility fee from property owners who have not replied to
the first notice. In the event that there is no response to the Town Attorney’s letter, the Town will initiate
legal proceedings in the Oro Valley Magistrate Court after ten (10) days.
c. Failure to pay the fee, including any late charges, by the due date shall be considered a civil violation
and a summons and complaint will be served on the property owner. The summons and complaint will be
served on the property owner by a process server.
d. In the event the defendant(s) fail(s) to appear in court, the Oro Valley Magistrate is authorized to issue
a default judgment against the defendant(s) in accordance with subsection (K)(2) of this section.
2. Penalties.
a. Civil Sanctions. A person found responsible for a violation of this article shall be sanctioned by the
Magistrate or Hearing Officer as follows:
i. First violation within a twenty-four (24) month period: a sanction of not more than one hundred
dollars ($100.00).
ii. Second violation within a twenty-four (24) month period: a sanction of not more than one
hundred fifty dollars ($150.00).
iii. Third or subsequent violation within a twenty-four (24) month period: a sanction of not more
than two hundred dollars ($200.00).
Article 15-24 Stormwater | Oro Valley Town Code Page 9 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
iv. The court may, at its discretion, reduce or suspend the sanction.
Sanctions are in addition to the delinquent Storm Water Utility fee, late fees and charges.
b. Default Judgment.
i. If, after being legally served with a summons and complaint, the party fails to appear at the
hearing time designated in the summons and complaint and/or time designated for a hearing by the
Court, that individual shall be deemed to have admitted the allegation in the complaint and the Court
shall enter judgment and impose a civil sanction in accordance with the provisions of this chapter.
ii. Upon entry of the default judgment, the Court, in addition to the sanctions, may impose all
applicable surcharges, security fees, a default judgment fee and other court fees as authorized by
State law or Town ordinance.
iii. If any penalty ordered to be paid by the Magistrate or forfeited pursuant to default is not paid
within thirty (30) days of the Magistrate’s order, a lien on the real property to which the delinquent
stormwater fees apply may be filed in the amount of the judgment by the Town Attorney. The
Magistrate may also institute judicial proceedings as provided by law to collect any such penalty. All
penalties collected pursuant to this article shall be paid to and become the property of the Town.
L. Requests for Correction of the Stormwater Utility Fee.
1. A property owner may request correction of the fee by submitting the request in writing to the
Stormwater Utility Administrator. Grounds for correction of the fee include:
a. Incorrect classification of the property for purposes of determining the fee;
b. Errors in the square footage of the impervious surface area of the property;
c. Mathematical errors in calculating the fee to be applied to the property; and
d. Errors in the identification of the property owner of a property subject to the fee.
2. The Stormwater Utility Administrator shall make a determination within thirty (30) days after the receipt
of (as indicated by the receipt date stamp) the property owner’s completed written request for correction of
the fee. The applicant may appeal the Administrator’s determination to the Stormwater Utility Commission.
3. A property owner must comply with all rules and procedures adopted by the Town when submitting a
request for correction of the fee and must provide all information necessary for the Stormwater Utility
Administrator to make a determination on a request for correction of the fee. If a property owner alleges an
error under subsection (L)(1)(b) of this section, the request for correction must include a certification by a
registered civil engineer or professional land surveyor of the impervious surface area of the property. Failure
to comply with the provisions of this subsection shall be grounds for denial of the request. ((O)16-07, 05/04/
2016; (O)10-14, 11/17/2010; (O)10-04, 04/07/2010; (O)07-40, 11/07/2007)
Article 15-24 Stormwater | Oro Valley Town Code Page 10 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
15-24-14 Stormwater Management and Discharge Control.
A. Title. This section shall be known as the “Storm Water Quality Management and Discharge Control Ordinance”
of the Town of Oro Valley and may be so cited.
B. Purpose and Intent. The purpose and intent of this section is to ensure the health, safety, and general welfare
of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to
and consistent with the Federal Clean Water Act (33 U.S.C. 1251 et seq.), National Pollutant Discharge Elimination
System Regulations (40 CFR Part 122), and State regulations for stormwater discharge (ARS Title 49, Chapter 2,
Article 3.1) by establishing minimum stormwater management requirements for the management of pollutants
that are or may be discharged to the municipal storm sewer system.
C. Definitions. The terms used in this section shall have the following meanings:
1. ADEQ means the Arizona Department of Environmental Quality, Arizona’s regulatory entity responsible for
administering Federal and State environmental laws and programs including most water-quality, air-quality,
and waste programs.
2. Authorized Representative means the Town Engineer, or his/her designee, who has the delegated duties
and powers pursuant to this section.
3. AZPDES means the Arizona Pollutant Discharge Elimination System.
4. AZPDES Permit means any permit issued by the ADEQ pursuant to 33 U.S.C. 1342(b) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, a
group, or on a general area-wide basis.
5. Best Management Practices (BMPs) means activities, practices, and procedures to prevent or reduce the
discharge of pollutants directly or indirectly to the municipal storm drain and ephemeral wash systems and
waters of the United States. BMPs include but are not limited to: treatment facilities, including first-flush
technology, to remove pollutants from stormwater; public education and involvement; operating and
maintenance procedures; facility management practices to control runoff, spillage or leaks of nonstormwater,
waste disposal, and drainage from materials storage; erosion and sediment control practices; and the
prohibition of specific activities, practices, and procedures and such other provisions as the Town determines
appropriate for the control of pollutants.
6. Certified Industrial Hygienist means a professional industrial hygienist who is certified by the American
Board of Industrial Hygiene.
7. Clean Water Act means the Federal Water Pollution Control Act amendments of 1972 (P.L. 92-500; 86 Stat.
816; 33 U.S.C. 1251 through 1376), as amended.
8. Construction Activity means activities subject to the ADEQ construction general permit (AZG2008-001) and
the Town of Oro Valley’s grading permit requirements.
Article 15-24 Stormwater | Oro Valley Town Code Page 11 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
9. Connection means the location/juncture at which discharge can enter a municipal separate storm sewer or
ephemeral wash system.
10. Corrective Action Plan means a plan that is required under this section and approved by an authorized
representative that consists of structural and/or nonstructural BMPs to minimize to the maximum extent
practicable stormwater pollution or to remediate anthropogenic impacts to the storm-drain/wash system.
11. De Minimus Discharge means a discharge that is a low flow volume and/or low frequency, seldom
occurring, event of relatively pollutant-free water which is discharged with appropriate BMPs to reduce any
pollutant concentrations to below the applicable surface standard (A.A.C. Title 18, Chapter 11, Article 1).
12. Discharge means any addition of any pollutant to waters of the United States or to an MS4 from any point
source.
13. Discharger means any person who causes or allows a discharge or who owns property from which a
discharge originates.
14. Engineer means a professional civil engineer who is registered with the State of Arizona.
15. Environment means navigable waters, any other surface waters, ground water, drinking water supply,
land surface, subsurface strata, ambient air, biotic community, or wildlife habitat within or bordering on the
Town.
16. EPA means the United States Environmental Protection Agency charged with primary enforcement of the
Clean Water Act.
17. First-Flush means a collection system approved by the Town that is employed to capture and isolate the
first one-half (1/2) inch runoff from the commercial development site.
18. Illicit/Illegal Discharge means any direct or indirect nonstormwater discharge to the Town’s storm drain or
wash systems, or placement of anthropogenic materials in the preceding systems, except as exempted in
subsection (H)(1) of this section or discharges pursuant to and in compliance with an applicable NPDES or
AZPDES permit or other written authorization from the U.S. Environmental Protection Agency (EPA) or the
Arizona Department of Environmental Quality (ADEQ).
19. Industrial Facility means the site of any industrial activity regulated under NPDES or AZPDES industrial
stormwater permits as defined in 40 CFR Section 122.26(b)(14).
20. Land Disturbance Activity means any activity that is regulated under NPDES or AZPDES stormwater permit
requirements for construction sites.
21. Municipal Separate Storm Sewer System (MS4) means all separate storm sewers defined as “large,”
“medium,” or “small” municipal separate storm sewer systems or any municipal separate storm sewers on a
system-wide or jurisdiction-wide basis as determined by the Director under A.A.C. R28-9-C902(A)(1)(g)(i)
through (iv). [A.A.C. R18-9-A901(23)]. This also includes similar systems owned or operated by separate storm
sewer municipal jurisdictions not required to obtain stormwater discharge authorization.
Article 15-24 Stormwater | Oro Valley Town Code Page 12 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
22. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permits means general,
group, and individual stormwater discharge permits which regulate facilities defined in Federal NPDES
regulations pursuant to the Clean Water Act.
23. Notice of Intent (NOI) means a document which describes the intent to operate in accordance with an
NPDES/AZPDES Construction General Permit.
24. Notice of Termination (NOT) means the document to terminate coverage under the NPDES/AZPDES
Construction General Permit.
25. Nonstormwater Discharge means any discharge to the storm drain and wash system that does not
originate from precipitation.
26. Owner or operator means any owner or operator of any “facility or activity” subject to regulation under
the NPDES/AZPDES program.
27. Person means an individual, property owner, firm, partnership, joint venture, association, corporation,
estate, trust, receiver, syndicate, broker, the Federal Government, the State of Arizona, or any political
subdivision or agency of this State.
28. Point Source means any discernible, confined, and discrete conveyance including, but not limited to, any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, vessel or other floating craft from which pollutants are or may be discharged. This does not
include return flows from irrigated agriculture or agricultural stormwater runoff.
29. Pollutant means sediment, fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste,
substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator
residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt (e.g.,
overburden material), and mining, industrial, municipal and agricultural wastes or any other liquid, solid,
gaseous or hazardous substances. [A.R.S. Section 49-201(29)]
30. Pollution means the human-made or human-induced alteration of the quality of waters by waste to a
degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for
beneficial uses or the facilities which serve these beneficial uses.
31. Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
32. Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.
33. Stormwater Pollution Prevention Plan (SWPPP) means a document required under NPDES/AZPDES
regulations or imposed pursuant to this section that describes the stormwater quality controls in place at a
site and how these controls will be inspected and maintained.
34. Town means the Town of Oro Valley.
Article 15-24 Stormwater | Oro Valley Town Code Page 13 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
35. Watercourse means any drainage channel, wash, road or path through which water can flow.
36. Waters of the United States (U.S.) is defined in 40 CFR 122.2.
D. Applicability. This section shall apply to all activities which may potentially affect the municipal separate storm
sewer system, any private storm sewer system, or any wash system on any land within the Town. Additionally, this
includes discharge from permanent or temporary stormwater management controls and facilities, constructed as
part of any activities listed in this section, which are located within the Town. Stormwater management standards
shall apply to industrial, commercial, institutional, and multi-family residential development, as well as subdivision,
roadway, and drainage projects that result in land area disturbance equal to or greater than areas established by
the current construction general permit.
E. Responsibility for Administration. The Town Engineer shall adopt, administer, implement, and enforce such
rules, regulations, standards, processes, and forms as he/she deems necessary for the efficient administration and
enforcement of the provisions of this section. Any powers granted or duties imposed upon the Town Engineer/
Public Works Director may be delegated to persons or entities acting in the beneficial interest of or in the employ
of the Town.
F. Regulatory Consistency. This section shall be construed to assure consistency with the requirements of the
Federal Clean Water Act and acts amendatory thereof or supplementary thereto, or any applicable implementing
regulations including those set forth in the Arizona State permit, and any amendments to, revisions of, or re-
issuance thereof. No permit or approval issued pursuant to this section shall relieve a person of the responsibility
to secure permits and approvals required for activities regulated by any other applicable code, rule, act, or
ordinance. Additionally, the Town does not certify or take any position whether the applicant has met all
requirements of the Federal Clean Water Act.
G. Ultimate Responsibility of Discharger. The requirements set forth herein and promulgated pursuant to this
section are intended to meet minimum standards as required by Federal and State regulations but can, as
determined by the Town Engineer, exceed the minimum standards. This section does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge
of pollutants into waters of the U.S. caused by said person. This section shall not create liability on the part of the
Town or any agent or employee thereof for any damages that may result from any discharger’s reliance on this
section or any administrative decision lawfully made thereunder.
H. Discharge Prohibitions and Controls to Reduce Pollutants Entering Drainage Systems.
1. General Requirements.
a. Any person engaged in activities which will or may result in pollutants entering a storm sewer system
shall undertake appropriate measures to reduce such pollutants. Examples of such activities include, but
are not limited to, proper use and disposal of household chemicals, such as pesticides and fertilizers,
cleaning solutions, and cleaning solution waste water; and ownership and use of facilities which may be a
source of pollutants including but not limited to parking lots, gasoline stations, industrial facilities,
construction sites, and retail establishments.
Article 15-24 Stormwater | Oro Valley Town Code Page 14 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
b. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, or
left unmaintained any refuse, rubbish, garbage, vegetation trimmings, or other discarded or abandoned
objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin,
conduit or other drainage structures, parking area, or upon any public or private plot of land so that the
same might be or become a pollutant, except where such pollutant is being temporarily stored in
properly contained waste receptacles or is part of a well-defined compost system.
2. Prohibition of Illegal Discharges.
a. No person shall discharge or cause to be discharged into the municipal separate storm sewer system
(MS4) or Town watercourses any materials, including but not limited to pollutants or waters containing
any pollutants that cause or contribute to a violation of applicable water quality standards, other than
stormwater or pumped or rising unpolluted ground water. Additionally, depositing, dumping, or storing
any material in a manner that may contribute pollutants to or obstruct the flow of stormwater is
prohibited. The following activities are also subject to and enforceable under this section as they can
contribute to contaminants which are regulated by Federal and State regulations to which this section
applies:
i. Failing to comply with any applicable AZPDES/NPDES permit including any permit requirements
to develop, implement, maintain or comply with a stormwater pollution prevention plan (SWPPP);
ii. Failing to provide required information to the Town including:
(A) Copies of the SWPPP, notice of intent, notice of termination, or any other documents
relating to the permit;
(B) Upon request, copies of the SWPPP, water quality monitoring laboratory analytical results,
and/or final hydrologic reports/development plans certifying compliance with any discharge
detention or first-flush treatment requirements;
iii. Failing to develop, implement, or comply with a SWPPP or a corrective action plan utilizing BMPs
that is either required under an AZPDES/NPDES permit or imposed by the Town pursuant to this
section, including requirements to implement good housekeeping practices, spill control and
response procedures, employee training, record keeping, proper material storage and waste
management practices for control of nonstormwater flows, and structural stormwater controls; and
iv. Misrepresentation in any document pertaining to an approved plan, permit, or certification
relating to a discharge activity.
b. The commencement, conduct, or continuance of any illegal discharge to the Town’s MS4 is prohibited
except as follows:
i. Discharges from the following activities will not be considered a source of pollutants to the
Town’s MS4 including any waters of the U.S. when properly managed to ensure that potential
pollutants are minimized to the maximum extent practicable, and therefore they shall not be
considered illegal discharges unless determined to cause a violation of the provisions of the Clean
Article 15-24 Stormwater | Oro Valley Town Code Page 15 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
Water Act, ADEQ AZPDES General Permit No. AZG-2001-0001, “General Waste Discharge
Requirements for Discharges to Waters of the U.S. Which Pose a Limited or an Insignificant (De
Minimus) Threat to Water Quality” (including amended or reissued permits):
(A) Potable water line flushing;
(B) Uncontaminated pumped groundwater and other discharges from potable water sources;
(C) Diverted stream flows;
(D) Air conditioning condensation;
(E) Uncontaminated non-industrial roof drains;
(F) Individual residential and occasional noncommercial car washing;
(G) Flows from riparian habitats;
(H) Dechlorinated swimming pool discharges with the exception of filter back wash water;
(I) Street wash waters;
(J) Flows from fire fighting;
(K) Irrigation water;
(L) Foundation and footing drains;
(M) Water from sump pumps; and
(N) Dust control water.
ii. The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES/
AZPDES permit, waiver, or waste discharge order issued to the discharger and administered by the
State of Arizona under the authority of the U.S. EPA; provided, that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable laws and regulations; and
provided, that written approval has been granted by the Town for any discharge to the storm sewer
system.
iii. With written concurrence of the Arizona Department of Environmental Quality, the Town may
exempt in writing other nonstormwater discharges which are not a source of pollutants to the storm
sewer system or waters of the U.S. Such authorization from ADEQ or the U.S. EPA shall be submitted
to the Town prior to the time of discharge, and must be retained for at least three (3) years after the
last authorized discharge.
3. Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit. Any person
subject to any type of NPDES or AZPDES water or stormwater discharge permit shall comply with all provisions
of such permit. Such compliance includes but is not limited to implementing BMPs to minimize the chance of
pollutant entry into the storm sewer system, to reduce the potential for accidental discharge of pollutants to
Article 15-24 Stormwater | Oro Valley Town Code Page 16 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
the municipal storm sewer system, and to comply with the cleanup and notification requirements of this
section as well as other pertinent Federal/State regulations. Proof of compliance with said permit may be
required in a form acceptable to the Town Engineer/Public Works Director prior to or as a condition of a
grading permit, subdivision plat, development plan, building permit, or grading or improvement plan; upon
inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
I. Requirement to Prevent, Control, and Reduce Stormwater Pollutants from Construction Sites.
1. Basic Requirements. All persons engaged in construction activities that are required by Federal or State law
to submit to the EPA and/or the ADEQ a notice of intent (NOI) to comply with NPDES or AZPDES stormwater
permit regulations shall provide the Town with a copy of the NOI, the site-specific SWPPP, and the AZPDES
stormwater permit issued by the ADEQ. Any person performing construction who has submitted an NOI to the
Town shall not cause or contribute to a violation of the AZPDES stormwater permit issued to the Town.
2. Authorization to Adopt and Impose Best Management Practices. The Town Engineer/Public Works Director
has the final authority to require and accept BMPs as required for pre- and post-construction activities and
must be presented in a SWPPP that is included as a section in the plans and permits submitted for Town
review and acceptance as well as BMPs that are submitted as a part of corrective action plans. Town
acceptance of a SWPPP is required prior to issuance of a grading permit.
3. Every owner, operator, or contractor undertaking any construction activity or operation of any industrial
facility having the potential to discharge pollutants to a water of the U.S. or the Town’s MS4, or as otherwise
required by the Town, the State of Arizona, or Federal agency, shall submit a stormwater pollution prevention
plan (SWPPP) to the Town. The SWPPP shall include BMP plans including those required by the Town such as
the installation of first-flush technology at commercial sites and shall be prepared by a qualified person.
Additionally, SWPPPs shall be prepared and reviewed in accordance with the Arizona Pollutant Discharge
Elimination System construction general permit issued by the ADEQ. The Town shall not certify or take any
position on whether the applicant has met the requirements of the Federal Clean Water Act.
4. New Development and Redevelopment. Owners of new development and redevelopment projects shall
implement BMPs to control the volume, rate, and potential pollutant load, including sediment, of stormwater
runoff from new development and redevelopment projects as may be appropriate to minimize the
generation, transport and discharge of pollutants including sediment in accordance with the requirements of
the AZPDES construction general permit. The Town shall incorporate such requirements in the conditions of
relevant development and/or plat approvals as well as grading or other construction/building-related permit
to be issued relative to such development or redevelopment. Additionally, proof of all applicable Town, State,
and Federal permits such as the SWPPP, NOIs, inspection and maintenance logs, CWA 404s, etc., shall be
maintained on site for inspection by authorized representatives. To maintain compliance with construction
general permit requirements for inspections, construction site BMPs as delineated in the SWPPP must be
inspected by the site operator in accordance with the SWPPP.
5. Responsibility to Implement Best Management Practices. Any person engaged in activities or operations, or
owning facilities or property which will or may result in pollutants entering stormwater, the Town’s MS4, or
waters of the U.S. shall implement best management practices including first-flush control technology on
Article 15-24 Stormwater | Oro Valley Town Code Page 17 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
commercial development to the extent they are technologically achievable to prevent and reduce such
pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable
protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses.
Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and
maintained at the owner’s or operator’s expense. Furthermore, notices to employees containing information
about whom to contact and what procedures to follow in the event of a spill or accidental discharge must be
posted at the site. Site owners or operators shall have a trained employee or staff member who will be
responsible for any necessary cleanup or remediation.
6. In the event of a spill or release in reportable quantities as defined in 4 40 CFR 302, 40 CFR 110 and 40
CFR 117, the owner, operator, or the person who has control of the source or location from which a discharge
which is not in compliance with this section shall immediately take all reasonable safety precautions including,
if appropriate, calling 911 and completing the following steps:
a. Proceed with containment and cleanup in accordance with:
i. The orders of an involved health and safety agency, or if no such orders have been issued;
ii. The orders of an authorized representative, or if no such orders have been issued;
iii. The stormwater pollution prevention plan or approved corrective action plan utilizing best
management practices for the involved facility;
b. Report any violations of the Town fire code or other such applicable safety or health codes in the
manner required by such code;
c. Notify the Oro Valley Town Engineer/Public Works Director and the Arizona Department of
Environmental Quality of the release by telephone before 5:00 p.m. of the next working day;
d. Provide written notification, within five (5) working days, to the Oro Valley Town Engineer/Public
Works Director of the type, volume, cause of the discharge, corrective actions taken, and measures to be
taken to prevent future occurrences.
7. Compliance with these requirements shall not relieve the discharger of any fines, penalties, or liability
incurred, or that may be imposed by this section or other applicable laws as a result of the discharge. In
addition, compliance with these requirements shall not relieve the discharger from the reporting
requirements of 40 CFR 110, 40 CFR 117 and 40 CFR 302.
J. Requirement to Eliminate Illegal Discharges. Notwithstanding the requirements of subsection (Q) of this section,
the Town Engineer/Public Works Director shall require by written notice that a person responsible for an illegal
discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to
eliminate the source of the discharge to prevent the occurrence of future illegal discharges. Compliance with these
requirements shall not relieve the owner/operator of property from which the illegal discharge occurred of any
fines, penalties, or liability associated with the action that may be imposed by this section or other applicable laws.
K. Requirement to Eliminate or Secure Approval for Illicit Connections.
Article 15-24 Stormwater | Oro Valley Town Code Page 18 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
1. The Town Engineer/Public Works Director shall require by written notice that a person responsible for an
illicit connection to the storm drain system comply with the requirements of this section to eliminate or secure
approval for the connection by a specified date, regardless of whether or not the connection or discharges to
it had been established or approved prior to the effective date of the ordinance codified in this section.
2. If, subsequent to eliminating a connection found to be in violation of this section, the responsible person
can demonstrate that an illegal discharge will no longer occur, said person may request Town approval to
reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense.
At the discretion of the Town Engineer/Public Works Director, periodic, random monitoring may be required
to ensure compliance with subsection (N) of this section.
L. Watercourse Protection. As required by AZPDES Phase II regulations and Chapter 17 of the Oro Valley Town
Code, every person owning property through which a watercourse passes, or such person’s lessee, shall keep and
maintain that part of the watercourse within the property reasonably free of trash, debris, and other obstacles
that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that
such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Failure on
the part of the property owner to comply may result in liabilities incurred and penalties and fines imposed upon
the property owner as defined in this section.
M. Requirement to Remediate. Whenever the Town Engineer/Public Works Director finds that a discharge of
pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the Town’s
MS4, or waters of the U.S., the Town Engineer/Public Works Director may convey by written notice to the owner of
the property and/or the responsible person the requirement for remediation of the pollution and the restoration
of affected property within a specified time pursuant to the provisions of subsections (S), (T), (U), and (V) of this
section. Failure to take prompt remedial action may result in fines, penalties, and liabilities incurred under this
section or other applicable laws.
N. Requirement to Monitor and Analyze. The Town may in the future be required to adhere to a total maximum
daily load (TMDL) or other restriction(s) to a specific pollutant or pollutants established by the State of Arizona or
the Federal Government. Should this occur, the Town Engineer/Public Works Director may, by written notice,
require that any person engaged in any activity and/or owning or operating any facility which may cause or
contribute these specific pollutants in stormwater to undertake at said person’s expense such monitoring and
analyses and furnish such reports to the Town of Oro Valley as deemed necessary to determine compliance with
this section. Additionally, regardless of the restrictions discussed above, the Town Engineer/Public Works Director
may, by written notice, require that any person engaged in any activity and/or owning or operating any facility
which may cause or contribute to stormwater pollution, illegal discharges, and/or nonstormwater discharges to
the storm drain/wash system or waters of the U.S., undertake at said person’s expense such monitoring and
analyses and furnish such reports to the Town of Oro Valley as deemed necessary to determine compliance with
this section.
O. Notification of Spills.
Article 15-24 Stormwater | Oro Valley Town Code Page 19 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
1. In the event of a spill or release in reportable quantities as defined in 40 CFR 302, 40 CFR 110 and 40 CFR
117, the person responsible for a facility or operation, or responsible for emergency response for a facility
shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event
of such a release said person shall immediately notify emergency response officials of the occurrence via
emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall
notify the Town’s Public Works Department in person or by phone or facsimile no later than 5:00 p.m. of the
next business day. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also document the type, volume, cause of
discharge, corrective actions taken, and remedial actions taken to prevent future occurrences. This
information shall be provided to the Town Engineer/Public Works Director in writing within five (5) working
days and shall also be retained by the owner/operator for at least three (3) years.
2. Compliance with subsection (O)(1) requirements of this section shall not relieve the discharger from the
reporting requirements of 40 CFR 110, 117 and 302.
P. Maintenance of Stormwater Facilities.
1. Stormwater facilities shall be maintained per the approved drainage plans or manufacturer’s
specifications by the owner or other responsible party and shall be repaired and/or replaced by such person
when such facilities are no longer functioning as designed.
2. Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable Federal,
State and local laws and regulations.
3. Records of installation and maintenance and repair of facilities referenced in subsection (P)(1) of this
section shall be retained by the owner or other responsible party for a period of three (3) years and shall be
made available to the Public Works Department upon request.
4. Any failure to maintain facilities or correct problems with facilities after receiving due notice from the
Town may result in criminal or civil penalties and the Town may perform corrective or maintenance work
which shall be at the owner’s expense.
Q. Authority to Inspect. Whenever necessary to make an inspection to enforce any provision of this section, or
whenever the Town Engineer/Public Works Director has cause to believe that there exists, or potentially exists, in
or upon any premises any condition which constitutes a violation of this section, the Town Engineer may enter
such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater
compliance. When inspections by Town staff reveal deficiencies in the implementation of the SWPPP, a written
inspection report will be provided to the owner and operator within fifteen (15) working days of the inspection. In
the event the owner or occupant refuses entry after a request to enter and inspect has been made, the Town is
hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
R. Authority to Sample, Establish Sampling Devices, and Test. During any inspection as provided herein, the Town
Engineer/Public Works Director may take any samples and perform any testing deemed necessary at the expense
of the owner/operator of the facility to aid in the pursuit of the inquiry or to record site activities.
Article 15-24 Stormwater | Oro Valley Town Code Page 20 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
S. Charges and Penalties. Charges and penalties levied pursuant to this section shall be collected by the
Department of Public Works, Stormwater Utility and utilized for activities in compliance with the Town’s MS4
permit. The Town Engineer shall make and enforce efficient management decisions in the maintenance and
protection of the Town’s storm drainage system.
T. Operator and/or Owner of Record. The operator performing on-site activities and/or owner of record of the
property upon which a violation of this section occurs shall be presumed to be the person having lawful control
over the activity or premises unless it is demonstrated and documented that another person has knowingly and in
good faith accepted responsibility for the activity at issue. If more than one (1) person is identified as owner, such
persons shall be presumed to be jointly and severally in lawful possession and control of the premises or activity.
U. Notice to Correct. The Town may issue a written notice to correct to any person who has violated or is in
violation of this section. Failure to comply with actions described in and required by the notice to correct may
result in a notice of violation and/or stop work order as described in subsection (V) of this section.
V. Notice of Violation.
1. Whenever the Town Engineer/Public Works Director finds that a person has violated a prohibition or
failed to meet a requirement in accordance with a notice to correct (subsection (U) of this section), the Town
Engineer may order compliance by written notice of violation to the responsible person. The written notice
shall state the nature of the violation, the corrective action required, the time frame for the corrective action,
and penalties for continued noncompliance. The notice shall be served by either personal service or certified
mail to the owner, owner’s agent, the operator, the occupant, or the lessee. Such notice may require the
violator, without limitation, to:
a. Submit a corrective action plan utilizing best management practices to the authorized representative
indicating the cause of the violation, corrective actions to prevent recurrence, and a proposed compliance
schedule;
b. Perform monitoring, sampling, laboratory analysis, and reporting of results to the authorized
representative and pay costs associated with these activities;
c. Eliminate illicit connections or discharges;
d. Abate and remediate stormwater pollution or contamination hazards, restore affected property,
ensure that cleanup has been completed, and make operational changes to prevent future violations;
e. Implement a corrective action plan utilizing source control treatment BMPs to prevent stormwater
pollution. Based on site conditions and nature of the contaminant, the authorized representative will
determine if the corrective action plan must be prepared, certified and implemented by a qualified
person, such as a professional engineer, landscape architect, industrial hygienist registered with the State
of Arizona or certified by the American Board of Industrial Hygiene;
f. Stop work on clearing, grading, dredging, excavating, storing, transporting, and/or filling of land, new
construction, improvements, alterations, or additions;
Article 15-24 Stormwater | Oro Valley Town Code Page 21 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
g. Maintain, repair, and/or replace existing BMPs;
h. Stop any activity that is in violation of this section;
i. Abate/correct, within time frame specified in notice, any condition that is in violation of this section;
j. Abate immediately any condition in violation of this section that the authorized representative
determines to present an immediate threat to public health, safety, or the environment.
2. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a
deadline within which such remediation or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the established deadline, the work will be done by
the Town or a contractor designated by the Town Engineer/Public Works Director and the expense thereof
shall be charged to the violator pursuant to subsection (AA) of this section.
3. Failure to comply with any action required by the notice of violation shall be a separate violation for each
day beyond the thirtieth calendar day following the notice of violation. Nothing in this section shall limit the
authority of the Town to take any action, including emergency actions or other enforcement action, without
first issuing a notice of violation.
W. Civil Penalties. In addition to any other enforcement authority contained in this section, the Town may issue a
civil citation to any person who has violated, or continues to violate, any provision of this section or any related
laws or regulations. A person who is found to have violated any requirement of this section shall be civilly liable to
the Town for a sum not to exceed two thousand five hundred dollars ($2,500) per day for each violation.
X. Criminal Penalties. A person who willfully or negligently violates any provision of this section shall, upon
conviction, be guilty of a class one misdemeanor and may be sentenced to a fine not to exceed two thousand five
hundred dollars ($2,500) per day for each violation, imprisonment for a period not to exceed six (6) months and/or
probation not to exceed three (3) years.
Y. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties hereinbefore
provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat
to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored by the Town at the violator’s expense, and/or the Town may bring a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance.
Z. Appeal.
1. Appeals of any determination made by the Town Engineer/Public Works Director relating to a notice of
violation issued pursuant to subsection (V) of this section may be made to the Stormwater Utility Commission.
2. Appeals under this section must be filed with the Town Clerk within ten (10) business days from issuance
of the notice of violation.
3. Decisions of the Stormwater Utility Commission shall be final unless, within ten (10) days from the date of
the Commission’s decision, the applicant appeals the decision to the Town Council. An appeal to the Town
Article 15-24 Stormwater | Oro Valley Town Code Page 22 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
Council shall be filed in writing with the Town Clerk and scheduled for the next available regular Council
meeting.
AA. Charging Cost of Abatement/Liens. Within thirty (30) days after abatement of the nuisance by the Town, the
Town Engineer/Public Works Director shall notify the property owner of the cost of abatement plus twenty percent
(20%) to cover administrative costs. If the amount due is not paid within sixty (60) days of the notification to pay,
the charges shall become a special assessment against the property and shall constitute a lien on the property for
the amount of the assessment. A copy of the resolution shall be turned over to the County Assessor so that the
Assessor may enter the amounts of the assessment against the parcel as it appears on the current assessment
roll, and the Assessor shall include the amount of the assessment on the bill for taxes levied against the parcel of
land.
BB. Urgency Abatement. The Town Engineer/Public Works Director is authorized to require immediate abatement
of any violation of this section that constitutes an immediate threat to the health, safety or well-being of the
public. If any such violation is not abated immediately as directed by the Town Engineer/Public Works Director, the
Town is authorized to enter onto private property and to take any and all measures required to remediate the
violation. Any expense related to such remediation undertaken by the Town shall be fully reimbursed by the
property owner and/or responsible party. Any relief obtained under this section shall not prevent the Town from
seeking other and further relief authorized under this section.
CC. Penalties and Corrective Actions.
1. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements
of this section. The remedies provided in this subsection are cumulative and the Town may seek one (1) or
more such remedies as described in subsections (V), (W), (X), and (Y) of this section.
2. Any person violating this section shall be liable to the Town for all damages, costs, fines, and penalties
incurred by the Town.
3. Upon finding that any person has violated this section, the Court may issue an order or, in the case of a
criminal conviction, terms of probation, requiring the violator to perform any of the remediation activities
listed in subsection (V) of this section.
4. If more than one person is identified as the owner of record, all persons will be presumed to be jointly
and severally in lawful possession and control of the property and/or activity. The transfer of ownership,
possession, or control of real property to another person does not relieve the transferor of the responsibility
for violations of this title that occurred before the transfer. ((O)08-20, 10/01/2008; (O)08-15, 09/03/2008)
Article 15-24 Stormwater | Oro Valley Town Code Page 23 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
Disclaimer: The Town Clerk’s Office has the official version of the Oro Valley Town Code. Users should contact the
Town Clerk’s Office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
Town Website: www.orovalleyaz.gov
Code Publishing Company
Article 15-24 Stormwater | Oro Valley Town Code Page 24 of 24
The Oro Valley Town Code is current through Ordinance (O)21-11, passed December 1, 2021.
2022
Town of Oro Valley
31 October, 2021
Public Works Department
Stormwater Utility Division
Town of Oro Valley
Stormwater Management Program
2021
1 October 31, 2021
Executive Summary
This Storm Water Management Program (SWMP) has been prepared by the Town of Oro Valley as
required by the Arizona Department of Environmental Quality (ADEQ) and meets the requirements of
Section 4.1 of the ADEQ General Permit AZG2021-002, adopted September 30, 2021. This SWMP
describes the policies and procedures the Town implements to reduce, to the maximum extent practicable
(MEP), pollutant discharges to and from its MS4. The overall goal of the program is to ensure that
discharges from the MS4 do not cause or contribute to exceedances of surface water quality standards. As
required by the Permit, this SWMP addresses the six minimum control measures (MCMs): (1) Public
Education and Outreach, (2) Public Involvement/Participation, (3) Illicit Discharge Detection and
Elimination, (4) Construction Site Stormwater Runoff Control, (5) Post-Construction Stormwater
Management, and (6) Pollution Prevention/Good Housekeeping for Municipal Operations. This SWMP
is a comprehensive program document outlining how the stormwater program is implemented and
maintained. Therefore, sections have been included to describe other Permit-required support activities,
including training, SWMP evaluation and revision, reporting, and characterization monitoring. The
SWMP complies with the requirements specified in the Federal Clean Water Act and Arizona Revised
Statute (A.R.S.) Title 49 Chapter 2, Article 3.1.
2 October 31, 2021
Table of Contents
I. Stormwater Program Background
II. Stormwater Control Measures
III. Monitoring
IV. SWMP Evaluation and Revision
V. SWMP Reporting and Program Assessment
VI. Stormwater Utility and Relevant Community Development & Public Works Staffing
VII. Stormwater Program Attachments
3 October 31, 2021
I. STORMWATER PROGRAM BACKGROUND
Introduction:
The Town of Oro Valley (Town) manages stormwater quality in accordance with the Arizona Pollutant Discharge
Elimination System (AZPDES) Permit AZG2021-002 that authorizes the discharge of stormwater from the municipal
separate storm sewer system (MS4) to receiving waters. The MS4 generally consists of roads, storm drains, and
infrastructure carrying runoff into drainage ways or ephemeral stream channels. This Stormwater Management
Program (SWMP) describes the control measures the Town of Oro Valley uses to manage the quality of discharges
from the MS4. These Minimum Control Measures (MCMs) are:
1. Public Education and Outreach
2. Public Participation and Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post-Construction Runoff Control
6. Pollution Prevention/Good Housekeeping for Municipal Operations
Regulatory Framework:
Stormwater regulations originated with the federal Clean Water Act, which includes the delegation of the program
to qualified states. In Arizona, the state issues MS4 permits. Local jurisdictions, including the Town of Oro Valley,
have also written ordinances and policies impacting stormwater management.
Clean Water Act
Phase I of the U.S. Environmental Protection Agency’s (EPA) Municipal Stormwater Program was promulgated in
1990 under the authority of the 1972 Clean Water Act (CWA). Phase I relied on the National Pollutant Discharge
Elimination System (NPDES) permit coverage to address stormwater runoff from medium and large municipal
separate storm sewer systems (MS4’s) serving municipalities with populations greater than 100,000, construction
activities disturbing 5 acres of land or more, and 10 categories of industrial activity.
The Stormwater Phase II Final Rule, which the Town of Oro Valley is operating under, is published in Code of
Federal Regulations 40 (CFR40) and was promulgated December 8, 1999. This was the next step in the EPA’s effort
to preserve, protect and improve the nation’s water resources through regulation of stormwater runoff from small
MS4 operators.
AZPDES Program
The Stormwater Phase II regulations in Arizona are administered by the Arizona Department of Environmental
Quality (ADEQ). The current Arizona State General Permit AZG2021-002 was adopted September 30, 2021.
Local Regulations
The Town of Oro Valley adopted its first Storm Water Quality and Discharge Control Ordinance in 2001 in
compliance with Federal and State regulations. The primary objectives of the Town regulations were to prevent,
control, and reduce stormwater pollution from construction sites, as well as to detect and eliminate illicit
discharges. In July 2001 the Oro Valley Town Council created the Stormwater Utility (SWU) along with a
4 October 31, 2021
Stormwater Utility Commission (SWUC). In March 2003 the Town submitted its first Stormwater Management
Program (SWMP) to the ADEQ.
This document updates the SWMP for the current and continuing program. The mission statement of the
Stormwater Utility is to promote and protect life and safety, water quality, and the Town’s working and natural
environments before, during, and after the occurrence of storm events in accordance with all applicable codes,
standards and policies.
Geographic Setting:
Oro Valley is located in northeastern Pima County, approximately three miles north of the City of Tucson. The
Town is located between the Santa Catalina and Tortolita mountains and varies in elevation from 2,380 feet to
3560 feet. The Town covers an area of 36 square miles and is home to more than 47,070 residents. It was
incorporated in 1974 and employs a council-manager form of municipal government with a mayor and seven-
member Town Council.
Receiving Waters and Outfalls:
The Town of Oro Valley has two Receiving Waters. These are Big Wash and the Canada Del Oro Wash. Big Wash
has nine (9) private outfall discharge points, and the Canada Del Oro Wash (CDO) has 14 total outfalls, with nine
(9) of those being municipal outfall discharge points. Surface water quality standards (SWQS) have been
established and are enforced by the Arizona Department of Environmental Quality (ADEQ) under Arizona Revised
Statute 49-222 of the Arizona Administrative Code. Currently the Town of Oro Valley has no discharges which
contribute to an exceedance of applicable state of Arizona mandated SWQS. Similarly, the Town of Oro Valley
does not discharge into any Waters of the United States with restrictions to Total Maximum Daily Loads (TMDL)
and Waste Load Allocations (WLA). Neither Big Wash nor the CDO have been designated as Impaired, Non-
Attaining, or an Outstanding Arizona Water. Similarly, neither of these receiving waters have TDML restrictions.
Town of Oro Valley Stormwater Infrastructure Mapping:
The Town of Oro Valley maintains detailed maps of all stormwater infrastructure within the town limits, a
representation of which can be seen in Attachment C of this report. The current inventory of the Town’s
stormwater infrastructure includes:
Town of Oro Valley Stormwater Infrastructure 2021
Miles of Roads 203
Constructed Channels 1099
Culverts (Pipe and Box) 593
Storm Drain Pipes 1113
Catchbasin Inlets 1923
Stormwater Detention Basins 232
First-Flush Filtration Devices 175
Miles of Mapped Washes (Natural) 229
The Town’s stormwater system map was created using ArcGIS asset-management software, in combination with
aerial photographs and construction plans for the street and drainage systems and is updated on a continuous
basis as new assets are either created through the development/re-development process, or discovered through
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the Town’s asset inspection process. This software is used for visualizing, managing, creating, and analyzing
geographic data unique to this community.
II. STORMWATER CONTROL MEASURES
There are six minimum control measures (MCM’s) specified in section 6.0 of the Arizona State General Permit.
From these, the Town has created its own unique set of best management practices (BMP’s) to address the
required MCM’s to the maximum extent practicable. Furthermore, for each BMP, the Town has identified
implementation dates and frequency, measurable goals, and responsible department, as outlined in Attachment
D.
MCM-1 Public Education and Outreach
In order to promote public awareness and interest in stormwater quality issues, the Town utilizes public outreach
and education activities aimed at targeted public sectors. The requirements for this section are outlined in the
Arizona State General Permit section 6.1.
The Arizona State General Permit requires implementation of a public outreach and education program consisting
of activities and materials designed to educate the public on stormwater quality issues. The Town will be reaching
out to residents, businesses, churches, schools, Town employees, and the general public during the
implementation of this program. Audiences will be chosen from a diverse cross section of the Town, focusing on
constituents who possess the largest potential for reducing stormwater pollution.
The pollutants targeted by the public outreach and education program are:
• sediment from construction sites;
• toxic chemicals from motor vehicles;
• herbicides, pesticides, nutrients from lawns and gardens;
• industrial and commercial waste; and
• bacterial and viral problems associated with pet waste.
The following BMP’s have been selected as the best approach to meeting the Town’s public outreach and
education minimum control measure.
BMP 1.1 Create and Update Informational Brochures
The stormwater management objective of this program is to foster and promote an informed and proactive
public. Informational brochures or fact sheets will be updated and made ready for distribution. Topics may
include proper pet waste disposal, safe swimming pool discharge, safe household and industrial chemical
disposal, and resident participation and volunteer opportunities. Measurable goals for this BMP shall be the
number of brochures created, and the targeted audiences addressed each year. This is an ongoing activity.
BMP 1.2 Distribution of Informational Brochures to the General Public
Informational brochures will be distributed to the general public by mail to the 19,400 water utility customers
annually. The SWU will also be present at various Town events distributing information on water quality and
best practices pertaining to stormwater quality. The measurable goal for this BMP shall be the number of
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impressions/interactions made through each public outreach event or mailing. An additional goal, once
measurable, may be a quantifiable reduction in the volume of pollution over time. This is an ongoing activity.
BMP 1.3 Distribution of Brochures to Businesses That Potentially Affect Stormwater Quality
Informational brochures will be developed for targeted businesses. One business sector will be targeted each
year. Targeted businesses will include those involved in home construction and repair, commercial
construction, auto service and repair, garden centers, food-service, and commercial and residential cleaning
services. SWU staff will target one business type each year for bulk outreach mailing. The measurable goal for
this BMP shall be the number of brochures mailed each year to each targeted business sector. This activity is
done annually.
BMP 1.4 Stormwater content in the Oro Valley Vista Newsletter
The SWU staff will prepare brief public-information articles on best practices and stormwater quality for
publication in the Town of Oro Valley Vista Newsletter. The Oro Valley Vista Newsletter is published monthly
via the town website, www.orovalleyaz.gov, as well as distributed to every water utility customer via their
water bill. Stormwater information will be submitted for publication and disseminated one time each year.
The measurable goal for this BMP shall be the number of website hits, and the number of newsletters mailed
via the water utility billing process. This activity is done annually.
BMP 1.5 Outreach Events at Town of Oro Valley Schools
Educational materials including power point presentations, will be updated and expanded. Topics will include
promotion of a litter free environment and environmental awareness and stewardship. Targeted age groups
will be elementary school aged children. SWU staff will review and update existing presentation materials and
purchase appropriate take home materials to be given away as reminders of these events. In addition, SWU
staff will be available should a school or another organization request a speaker. Staff goal is to provide an
average of one outreach school presentation each year. The measurable goal for this BMP shall be the number
of impressions/interactions made through each public outreach school event. This activity is ongoing and done
annually.
BMP 1.6 Display of Outreach Materials on Town Owned Sun Shuttle Buses
Outreach displays will be placed on Town owned Sun Shuttle buses. The informational content will be
developed and displayed with cooperation from the Pima County Association of Governments (PAG)
Stormwater Management Working group. Content will be developed one time each year. The goal is to target
one half of the Town-owned bus fleet (or 7 buses) each year. The measurable goal for this BMP shall be the
number of impressions made through this program. This will be measured based on ridership statistics
provided by the Town of Oro Valley transit division. This activity is ongoing and continuous.
BMP 1.7 Stormwater Content on the Town of Oro Valley Website
The SWU staff will review and update stormwater-related webpage content twice each year. Home owners
associations (HOA’s) will also be encouraged to post fact sheets and other stormwater-related content on
their webpages. The measurable goal for this BMP shall be the number of website hits annually on the
Stormwater portion of the Town of Oro Valley website.
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BMP 1.8 Effective Response to Public Inquiries
The Town of Oro Valley consistently and effectively responds to public inquiries regarding stormwater quality,
illicit disposal of wastes, and public requests for information. The Town of Oro Valley has identified two
principal contacts for best response and follow up procedures on these public inquiries: the Stormwater Utility
Manager and the Constituent Services Coordinator. The Town fields and processes these inquires through
multiple avenues. Citizens have the ability to report problems and ask questions via dedicated e-mail,
telephone, or an online portal. The measurable goal for this BMP shall be the number of water quality related
public inquiries responded to and resolved each year by the Stormwater Utility. This activity is ongoing and
continuous.
MCM-2 Public Participation and Involvement
Oro Valley constituents are actively engaged in many aspects of the Town’s governance, including involvement
with commissions, neighborhood associations, volunteering for various departments within the Town, and
electronic correspondence. The SWU utilizes neighborhood meetings with SWU staff, maintains effective
communication through use of the Town’s website, and outreach by SWU staff. The Town’s SWMP works to tap
into these existing public participation and public involvement activities in order to solicit input on specific
activities and decisions that affect the residents and businesses of Oro Valley. The SWU has elected to adopt the
following five high-impact BMP’s in order to meet and exceed the requirements of MCM-2.
BMP 2.1 Public Participation Through the Stormwater Utility Commission (SWUC)
The Town created the 5-member volunteer SWUC in 2001 to provide guidance through monthly meetings
focusing on, the development and implementation of the SWMP, development of fair and effective policies,
definition of service levels, assessment of revenue requirements, and monthly and annual review of budgetary
effectiveness and efficiency. The measurable goal for this BMP shall be the number of meetings conducted
each reporting year.
BMP 2.2 Public involvement Through Notification of Monthly SWUC Meetings
Official notices of public meetings, including SWUC meetings, are made in accordance with established Town
procedures, including publication on the Town webpage and in a local newspaper, making notices available
at the Town Clerk’s Office, and posting bulletins in prominent locations around the meeting area. The
measurable goal for this BMP shall be an ongoing policy of posting these meeting notices within the listed
locations throughout Town.
BMP 2.3 Public Interaction with SWU Staff
The Town of Oro Valley SWU effectively responds to public inquiries regarding stormwater quality, illicit
disposal of wastes, and requests for information. Complaints, comments and concerns are tracked using the
Town’s web-based Cartegraph Operations Asset Management System (OMS). Constituents can make reports
via phone (520) 229-4850, email pw@orovalleyaz.gov, or online portal www.orovalleyaz.gov; SWU staff
respond to requests by creating tasks to inspect issues and address concerns. The measurable goal for this
BMP shall be, maintaining these avenues by which the public may express concerns about water quality issues,
and logging of, and expeditious investigation of all constituent concerns.
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BMP 2.4 Solicitation of Public Comments Regarding Key Components of Utility Operations
The Town of Oro Valley will provide residents and businesses the opportunity to view and comment on
stormwater-related Town ordinances, the SWMP, and NOI’s. These documents will be made available on the
Town’s website and upon request with the Town Clerk’s office at Town Hall. Constituents will be notified of
any change to these documents via town-wide press release. The measurable goal for this BMP shall be an
ongoing policy of posting these stormwater related documents to the Town website as well as making these
documents available through the Town Clerk’s office.
BMP 2.5 Encouragement of Public Participation via Volunteer Groups Sponsored by the Town of Oro Valley
The Town solicits public involvement through the “Adopt-A-“ programs, some of which have been in place
since January, 2001. These programs serve multiple purposes, and are modeled after the highly successful
programs at the State of Arizona and Pima County. The “Adopt-A-“ programs facilitate removal of trash and
other pollutants from parks, trails, roadways and washes, affecting immediate and direct positive impacts to
stormwater quality. These programs also serve as extra sets of eyes focused on potential illicit discharges,
connections, and dumping into the MS4. The Town has observed these programs to have served as a crucial
educational tool for the public on the importance of water quality as it relates to pollution and stormwater.
Measurable goals for this BMP shall be the number of cleanups, and the number of people involved each
reporting year.
MCM-3 Illicit Discharge Detection and Elimination
Oro Valley’s SWU is responsible for implementing an Illicit Discharge Detection and Elimination System (IDDE)
designed to eliminate illicit discharges, illicit connections, and improper disposal (dumping) into the MS4.This
section outlines the Town’s approach to prevent these discharges into the MS4 via legal, technical, and
educational means within the scope of this SWMP.
According to Section 6.3 of the State of Arizona AZG2021-002 phase II MS4 General Permit, the SWMP allows the
following non-stormwater discharges. However, The following categories of non-stormwater discharges or flows
shall be addressed when such discharges are identified by the permittee as sources of pollutants to a protected
surface water:
• Water line flushing
• Landscape irrigation, including flood irrigation
• Diverted stream flows
• Rising ground waters
• Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(b)(20)) to separate storm sewers:
• Uncontaminated pumped groundwater
• Discharges from potable water sources
• Foundation drains
• Air conditioning condensation
• Irrigation water
• Springs
• Water from crawl space pumps
• Footing drains
• Lawn watering
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• Individual residential car washing
• Flows from riparian habitats and wetlands
• Dechlorinated swimming pool discharges
• Street wash water
• Discharges or flows from emergency firefighting activities
• Discharges authorized by another NPDES or AZPDES permit
All other non-stormwater discharges to the MS4 are prohibited.
The SWU actively seeks to detect, eliminate, respond to and prevent illicit discharges to the MS4 through the
following BMP’s:
BMP 3.1 Implementation of an IDDE Program
Town Code 15-24 provides the regulatory framework for managing, implementing, and enforcing stormwater
regulations, including IDDE. SWU staff annually review the Stormwater Ordinance for compliance with current
state regulations, as well as its effectiveness in providing uniform compliance. Measurable goals for this BMP
shall be the amount of storm system inspected annually (20%), the number of proactive inspections of private
infrastructure performed, number of illicit discharges detected and eliminated, number of facilities
/construction sites observed and reported to ADEQ that discharge without an AZPDES/NPDES permit, and the
number of enforcement actions taken (including: notices of violation, or other educational and enforcement
actions).
BMP 3.2 Identification and Mapping of the MS4
SWU staff maintain and update the Town of Oro Valley MS4 asset map (begun in 2007) as new Stormwater
assets are either discovered through the MS4 asset-inspection process, or through new installation as part of
recent development/re-development. Measurable goals for this BMP shall be the mapping of 100% of new
MS4 assets created through the development/re-development process each reporting year, as well as
updating the MS4 map in an ongoing and continuous basis with newly discovered assets through the Town’s
MS4 asset-inspection process.
BMP 3.3 Identification and Mapping of the Town’s Municipal Outfall Inventory
Municipal outfalls as well as other public and private outfalls are identified and mapped within the Town of
Oro Valley’s Cartegraph/GIS database. This process is ongoing and continuous. Measurable goals for this BMP
shall be the mapping of all waters of the United States listed in AAC R18-11 Appendix B, as well as all outfalls
discharging to those protected waters.
BMP 3.4 Annual Municipal Employee Illicit Discharge Training Program
SWU staff will help facilitate detection and prevention of illicit discharges and connections to the MS4 through
annual education and training of Town staff on potential sources and hazards associated with these illicit
activities. This training includes participants learning to identify sectors of the Town (by region, industry,
neighborhood), most likely to contribute illicit discharges, and to use this information to perform their job
duties more effectively. The measurable goal for this BMP shall be the number of Town employees annually
trained in the detection, elimination and reporting of illicit discharges and connections to the Town’s MS4.
10 October 31, 2021
BMP 3.5 Training of Town Volunteers
SWU staff train all volunteers participating in the Adopt-a-Wash, Adopt-a-Road, and Adopt-a-Trail programs
to conduct dry-weather inspections. Staff instruct new and returning volunteers on the importance of water
quality and the elimination of non-stormwater discharges. The measurable goal for this BMP shall be the
number of Town volunteers receiving this training annually.
BMP 3.6 Written IDDE Procedures
The objective of this program is to minimize the discharge of pollutants to the maximum extent practicable,
by detecting, investigating and resolving illegal dumping and disposal of unpermitted, non-stormwater flows
in the Town’s stormwater drainage system including pipes, gutters, swales, and other conveyance
infrastructure. The Town of Oro Valley has drafted and implemented an illicit discharge detection and
elimination (IDDE) program to be used in the detection, investigation and elimination of illicit discharges to
the MS4. The measurable goal for this BMP shall be an official written procedure on the detection,
elimination, and effective enforcement response to illicit discharges within the Town of Oro Valley.
MCM-4 Construction Site Stormwater Run-Off Control
SWU staff have helped to develop Town procedures for plan review, site inspection, and stormwater enforcement
at construction sites. Targeted construction sites are those that result in the disturbance of one or more acres,
and those disturbing less than one acre if those activities are part of a larger common plan of development or sale
with an overall planned area of disturbance equal to or greater than one acre. Other targeted construction sites
will include those occupying less than one acre, but including within the disturbed area a wash or part of a wash
that may be disturbed or impacted during development. Targeted pollutants from construction sites include, but
are not limited to: sediment, paint, oil and grease, debris, and chemicals such as those contained within concrete
washout water. SWU staff actively manage stormwater runoff control through the enacted Stormwater Utility
Ordinance, Town Code 15-24, the Town of Oro Valley Department of Public Works Drainage Criteria Manual
(2010), site-specific drainage reports, and a SWPPP management program. Additionally, the Town’s Drainage
Criteria Manual contains specific language addressing erosion and sediment control, and serves to drive standard
operating procedure in enforcement. Stormwater Utility Ordinance, 15-24-14, gives the Town authority to
manage and impose penalties on any new construction that does not adhere to ADEQ Construction General Permit
Requirements. SWU staff have adopted six BMP’s as primary methods and means for enforcing construction site
run-off control.
BMP 4.1 Comprehensive Pre-Construction Site Plan Review
Every applicant for a building permit, or grading permit for activities that disturb one acre or more, or those
disturbing less than one acre (if those construction activities are part of a larger common plan of development
that will disturb one acre or more), are required to adhere to the State of Arizona Construction General Permit,
and to submit a project-specific Stormwater Pollution Prevention Plan (SWPPP) for Town approval. The Town
utilizes its Plan Review Distribution, Type 1 Grading Permit Checklist and Type 2 Grading Permit Checklist to
ensure all review processes are fully executed. (These checklists are provided in Attachment H, Items 3 – 5.)
During pre-construction meetings with developers and contractors, SWU representatives explain project BMP
requirements and detail requisite information to be provided by the developer to the Town upon project
commencement. The Town requires developers to submit copies of the NOI and the SWPPP prior to site
grading. The Town also requires notification of SWU personnel when any changes are made to project
SWPPP’s. Part of this notification process is submission of plans reflecting these changes. Notification of SWU
staff is required when a new SWPPP associated with a new contractor or project phase has taken precedent.
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Attendees of these pre-construction meetings will be informed of the above Town procedures and
requirements, as well as the occurrence of routine onsite SWPPP inspections. (Attachment H, Item 5 depicts
the agenda items that are utilized to guide pre-construction meetings.) The Town utilizes a checklist to assess
the developer’s plans. A grading permit will not be issued by the Town without ADEQ confirmation of receipt
of NOI. The measurable goal for this BMP shall be the number of plans reviewed which require the submittal
of a stormwater pollution prevention plan.
BMP 4.2 Erosion and Sediment Control for Capital Improvement Projects
SWU staff works to eliminate the discharge of pollutants through support and facilitation of proper
management of capital projects executed by the Town. These projects include the construction of new public
streets and sidewalks, parks, trails, facilities, or utilities (water mains, traffic lights, and stormwater
management infrastructure) constructed, demolished or modified by the Town. The measurable goal for this
BMP shall be the proper implementation of sediment, erosion and waste controls for every Town of Oro Valley
capital improvement project.
BMP 4.3 Establishment and Review of Town Ordinances Regarding Disposal of Hazardous Construction Site
Waste, Sediment Control, and Erosion Control
For the purposes of continued compliance with EPA and Arizona State General Permit regulations, SWU staff
have established, and will review as necessary, specific ordinances regarding hazardous waste disposal and
sediment and erosion control at construction sites. According to Town procedure, each ordinance proceeds
through public review and requires approval by the Mayor and Town Council. Ordinances will include language
allowing for applicable penalties in the event of non-compliance on the part of responsible parties. The
measurable goal for this BMP shall be annual review of existing ordinances and revision or development of
ordinances as necessary, in order to ensure ongoing compliance with the Arizona State General Permit
(AZG2021-002) adopted September 30, 2021.
BMP 4.4 Documentation of Procedures
SWU staff have developed, and will continue to assess, written procedures for tracking and archiving all final
site plan submittals and inspection documents associated with construction site SWPPP’s and SWPPP
inspections, including required remedial actions, for a period of three years after project completion date.
SWU staff have also developed written protocols pertaining to SWPPP inspections conducted by SWU staff on
construction sites. The measurable goals for this BMP shall be an official up to date standard operating
procedure on SWPPP inspection protocols, as well as an up to date inventory of all construction sites with
appurtenant documents throughout Town.
BMP 4.5 Personnel Qualifications and Education of Private Contractors/Developers
All SWU field staff are certified stormwater inspectors, and are able to assess construction sites within the
Town of Oro Valley, for compliance with the State of Arizona Construction General Permit. During pre-
construction meetings all site operators are notified by Stormwater Utility staff of the specific expectations
regarding erosion, sediment, and waste control on construction sites. This process is done by both verbally
expressing the Town of Oro Valley’s expectations of SWPPP operators during the construction phase as well
as a brochure that is given to contractors during these meetings. This brochure explicitly outlines Town of
Oro Valley expectations throughout all phases of construction including what is expected upon completion
of the project and these developments are transitioned into the post-construction phase. The measurable
goal for this BMP shall be the number of hours spent by the Town of Oro Valley, educating contractors and
developers on erosion, sediment and waste control at construction sites each reporting year.
12 October 31, 2021
BMP 4.6 Establish Procedures for Receipt and Consideration of Constituent Submittals
Oro Valley solicits public information through both the SWU office and the town’s Constituent Services
Coordinator (CSC). The Stormwater Engineer and CSC are the principal contacts for constituent concerns,
and they coordinate on situational assessment and potential resolution. Current means of information
transfer include e-mail, telephone calls, direct conversations, and a web-based reporting system. The
measurable goal for this BMP shall be maintaining these avenues by which the public may express concerns
about water quality issues on construction sites, as well as logging of, and expeditious investigation of all
constituent concerns.
MCM-5 Post-Construction Runoff Control
The SWU’s policies provide for the reduction of pollutants discharged to the MS4 from development and
redevelopment projects; target pollutant discharge is equal to or less than discharge from conditions prior to
project commencement. Town Code 15-24, in partnership with the Town’s Drainage Criteria Manual, 2020 edition,
provide the basis by which SWU staff comply with and enforce EPA-mandated post-construction pollution control
regulatory requirements.
BMP 5.1 Creation, Review and Enforcement of Post-Construction Stormwater Pollution Prevention
Regulatory Mechanisms and Standard Operating Procedures
Town Code 15-24 gives the Town authority to regulate and impose penalties on any development site not in
compliance with SWU requirements, established in compliance with EPA- and ADEQ-mandated post-
construction stormwater pollution prevention guidelines.
The Town requires permanent ground stabilization where applicable, as well as all new commercial
development sites to install and maintain first flush filtration devices on all newly created, privately held
drainage infrastructure where applicable. Town Code 15-24 provides the SWU opportunities to perform
routine inspection of privately owned pollution control measures in order to ensure proper functioning and
appropriate maintenance. This ordinance was designed to include an escalating corrective approach to
violations detected by the SWU.
The Town also observes standard operating procedures for site plan review and site inspection during and
after construction to ensure impact to the MS4 is at or less than pre-construction levels. A standard item on
each pre-construction meeting agenda outlines certain requirements and procedures utilized by the Town
with regard to post-construction pollution prevention. Written acknowledgement, and agreement with these
requirements and procedures is requisite for developers to commence construction activities. All private site
structural controls in place at new developments require certification by a professional engineer for building
and installation. Furthermore, developers are informed at pre-construction meetings that the SWU requires
submission of the Notice of Termination (NOT) and an ESRI shapefile of new MS4 infrastructure associated
with each project upon completion. Upon receipt of the project-associated ADEQ NOT, SWU staff establish a
post-construction site inspection schedule based on NOT date and rain events with the site developer.
In addition, construction site developers are responsible for post-construction SWPPP controls for one year
after the NOT date. SWU staff conduct routine and weather-related site inspections throughout the first year
of post-construction activities. Compliance with these requirements is a prerequisite for post-construction
release of assurances and associated fees. The measurable goal for this BMP shall be the number of post-
construction site inspections conducted during each reporting year.
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BMP 5.2 Comprehensive GIS Inventory of Active and Finished Construction Projects
The Town of Oro Valley has and continues to update and keep accurate, a map of construction projects within
the Town. Once a notice of termination is acquired or a final SWPPP inspection is conducted for a project,
that project is marked project finished in the GIS database. Finished projects are then moved into the post-
construction inspection phase, and inspected for efficacy with regard to local, state, and federal water quality
standards. The measurable goal for this BMP will be an ongoing and continuous, up to date inventory of
construction sites in post-construction phase.
BMP 5.3 Implement Standard Operating Procedure on Post-Construction Inspections
The Town of Oro Valley has drafted a standard operating procedure on post-construction inspections, and
schedules them based on either the date of Termination for the project or the date of the final SWPPP
inspection for projects that don't require a NOI. This procedure has helped the Town schedule inspections in
the post-construction phase. This program assists in alerting property owners/developers to problems
associated with post-construction stormwater control mechanisms.
The purpose of the post-construction inspection procedure includes the following:
A reduction in the discharge of pollutants, to the maximum extent practicable, to the MS4 permit area by
completed construction projects. This is done through verification of the following:
1. Post construction site planning procedures are implemented and will reduce impacts to stormwater quality.
2. Structural and non-structural control measures are implemented, and all temporary best management
practices (BMPs) have been removed.
3. All post construction activities are operating in compliance with Town of Oro Valley code.
Post construction inspections are performed in accordance with the Arizona Department of Environmental
Quality (ADEQ) small MS4 permit AZG2021-002 requirements found in section 6.5. The measurable goals for
this BMP shall be maintaining an effective post-construction inspection protocol for all completed projects,
as well as the number of post-construction inspections performed each reporting year.
BMP 5.4 Site Plan Reviews
Included in the Town of Oro Valley plan review process is assessment of new drainage infrastructure design
for efficacy with regard to local, state, and federal water quality standards. The Town of Oro Valley
routinely inspects construction/building sites, making sure the approved plans are adhered to during the
construction phase. The Town notifies developers in the event of non-compliance with Town permitting
ordinances/processes. The measurable goal for this BMP shall be continued maintenance of a site plan
review process for all public and private construction projects within the Town of Oro Valley.
MCM-6 Pollution Prevention and Good Housekeeping for Municipal Operations
The SWU works to minimize or eliminate the discharge of pollutants through the proper operation and
maintenance of the public MS4, public streets, municipal parking lots, and municipal equipment yards. Seven best
management practices are now being employed by the Town to facilitate stormwater pollution prevention and
good housekeeping.
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BMP 6.1 Inspection of Town of Oro Valley Municipal Operations, Storage, and Maintenance Facilities
The Town of Oro Valley will conduct inspections every quarter of every reporting year at the operations and
maintenance yards located at 680 W. Calle Concordia, and 10700 N. La Canada Dr. The Town of Oro Valley will
conduct inspections annually at the JDK Park Aquatic Center and the Community Recreation Center. Town of
Oro Valley Stormwater Utility staff will inspect these Chemical storage and material handling areas and all
existing onsite BMPs for conformance to NPDES Phase II permit requirements. Any identified deficiency will
be corrected and documented per NPDES Phase II standards. The measurable goal of this BMP shall be the
number of inspections of Town facilities conducted during each reporting year.
BMP 6.2 Street Sweeping
The SWU works in cooperation with the Operations Division to minimize storm sewer system pollutants
through the removal of organic material, sediment, and debris from Town streets. Major streets are scheduled
to be swept quarterly and residential streets are scheduled to be swept twice each year. Town Operations
Division staff perform sweeps with proper equipment that is regularly maintained per specified Town of Oro
Valley maintenance procedures. The measurable goal for this BMP shall be the amount of material removed
from the Town MS4 through this program each reporting year.
BMP 6.3 Implementation of SPCC and Operation and Maintenance Plans for Town Maintenance Facilities
The Town of Oro Valley has developed spill prevention, control and countermeasure (SPCC) plans, as well as
operation and maintenance (O&M) plans for both Town owned municipal operations and maintenance yards.
These plans meet all Federal, State, and Local requirements for procedures on equipment and material
handling, maintenance and storage procedures as well as the fundamental steps in prevention, control,
cleanup and reporting of onsite hazardous chemical spills. The measurable goal for this BMP shall be
continued adherence (verified through quarterly inspection) to these site-specific plans throughout each
reporting year during this permit cycle.
BMP 6.4 Municipal Employee Training Program
The Town of Oro Valley Stormwater Utility staff will conduct annual pollution prevention, good housekeeping,
and spill prevention/response training sessions for all Town municipal operations division, and parks and
recreation employees. The measurable goal for this BMP shall be the number of Town staff trained on
stormwater pollution prevention and good housekeeping annually.
BMP 6.5 Town of Oro Valley Municipal Vehicle and Heavy Equipment Washing Procedures
The Wastewater from vehicle or equipment cleaning performed outdoors can contribute toxic hydrocarbons
and other organic compounds, oils and greases, nutrients, phosphates, heavy metals and suspended solids to
stormwater. The Town of Oro Valley utilizes an onsite industrial grade vehicle and heavy equipment washing
area that recycles the vehicle wash water and collects all potential environmental contaminants for proper
disposal. The Town of Oro Valley has utilized these equipment washing procedures since the installation of
this equipment in 2011. The measurable goal for this BMP shall be quarterly inspections of this equipment to
ensure proper maintenance and functionality.
BMP 6.6 Town of Oro Valley Fleet Maintenance Schedule
The Town of Oro Valley adheres to a fleet maintenance schedule designed to prevent adverse effects to the
environment due to lack of regular vehicle and heavy equipment maintenance. The Town of Oro Valley vehicle
maintenance schedule includes an escalated maintenance regimen based upon mileage for vehicles and
engine hours for heavy equipment. For vehicles the schedule is as follows: Every 5000 miles (A service), every
15 October 31, 2021
10000 miles (A service plus B service), Every 20000 miles (A service plus B service plus C service). For heavy
equipment the schedule is as follows: Every 250 hours (A service), Every 500 hours (A service plus B service),
Every 1000 hours (A service plus B service plus C service), Every 2000 hours (A service plus B service, plus C
service, plus D service). The measurable goal for this BMP shall be documented service records (Cartegraph
records) following this maintenance schedule for all Town owned heavy equipment and vehicles.
BMP 6.7 Facility Safety Data Sheet Inventory
The Town of Oro Valley keeps a comprehensive safety data sheet inventory of all potentially hazardous
materials utilized onsite at the two operation and maintenance facilities located at 680 W. Calle Concordia,
and 10700 N. La Canada Dr. Each safety data sheet includes a section on accidental release measures,
providing information on the appropriate response to spills, leaks, or releases, including containment and
cleanup practices to prevent or minimize exposure to people, properties, or the environment. It also includes
recommendations distinguishing between responses for large and small spills where the spill volume has a
significant impact on the hazard. The information in these sheets consists of recommendations for:
Methods and materials used for containment (e.g., covering the drains and capping procedures).
Cleanup procedures (e.g., appropriate techniques for neutralization, decontamination, cleaning or
vacuuming; adsorbent materials; and/or equipment required for containment/clean up)
The measurable goal for this BMP shall be a continuously updated safety data sheet inventory of hazardous
materials stored at these two locations within the Town.
III. MONITORING
Analytical monitoring is required by MS4’s that discharge to outstanding waters or impaired waters listed in
section 303(d) of the Federal Clean Water Act. At this time the Town does not discharge to any listed outstanding
or 303 d impaired waters, and the Town’s SWMP does not include provision for analytical stormwater monitoring.
IV. SWMP EVALUATION AND REVISION
SWU staff will review the SWMP in June of each year to evaluate the implementation status of the SWMP
components, the effectiveness of each component, and the interaction between various components. During the
annual review, the Town determines if revisions to the SWMP are required and appropriate. If SWMP revisions or
additions are needed, the Town notifies ADEQ of any changes to the SWMP. If components of the SWMP need to
be altered, the Town submits the proposed revisions to ADEQ with an explanation of why the original practice
was ineffective and how the alterations will better address the goals of the management practice.
V. SWMP REPORTING AND PROGRAM ASSESSMENT
Annual Report:
To comply with Arizona State General Permit section 8.3, the Town submits annual reports on or before
September 30th of each year for the preceding period of July 1 through June 30. The annual report summarizes
the following:
• The status of self-evaluated compliance with permit conditions, an assessment of the appropriateness of
the identified BMPs, progress towards achieving the goal of reducing the discharge of pollutants to the
maximum extent practicable and protecting water quality, and the measurable goals for each of the
MCM’s;
• Results of any information collected and analyzed;
16 October 31, 2021
• Changes made to the SWMP since the last annual report and a summary of stormwater activities the Town
plans to undertake during the next reporting period;
• Proposed changes or updates to the SWMP;
• A description of BMP’s to be implemented within new areas annexed over the past year located within
the regulated boundaries of the MS4;
• A description and schedule for implementation of additional BMP’s that may be necessary; and
• If necessary, notice that the Town is relying on another government entity to satisfy some of the permit
obligations.
The annual report is submitted to:
Arizona Department of Environmental Quality
Compliance Data Unit
1110 W. Washington St
Phoenix, Arizona 85007
Other Reporting:
In compliance with Arizona State General Permit section 9.0, the Town provides reports to ADEQ for the following
events:
• Anticipated Noncompliance
The Town will give advance notice to ADEQ of any planned changes that may result in noncompliance with
permit requirements.
• Transfers
The Town will not transfer the permit to any person except after notice to the ADEQ Director. Additional
modification or revocation may be needed to change the name of the permittee and incorporate other
requirements in order to maintain permit compliance.
• Other information
The Town will promptly notify ADEQ after becoming aware of a failure to submit any relevant facts or
submitting incorrect information in the NOI or in any other report to ADEQ.
17 October 31, 2021
VI. Stormwater Utility/Relevant Public Works Department Staffing
Title Phone
Public Works Director
Town Engineer, Floodplain Administrator 520 229 4800
Public Works Assistant Director 520 229 4800
Permitting Division Manager 520 229 4800
Inspection/Compliance Division Manager/ Building Safety
Official 520 229 4800
Stormwater Utility Division Manager 520 229 4816
Stormwater Utility Project Manager 520 229 4816
Senior Stormwater Engineer 520 229 4816
Stormwater Inspector 520 229 4816
Stormwater Utility Analyst 520 229 4816
Main Office, Public Works Department
(Permitting, Planning, Inspections & Compliance, Engineering) 520 229 4800
Operations Division Office
(Street Maintenance) 520 229 5070
18 October 31, 2021
VII. ATTACHMENTS
Attachment A: AZPDES Phase II MS4 Current Permit
Attachment B: Notice of Intent (NOI)
Attachment C: Town of Oro Valley Stormwater Infrastructure Map
Attachment D: SWMP List of Responsible Departments
Attachment E: SWMP Modification Log
Attachment F: Illicit Discharge Detection and Elimination System
Attachment G: Stormwater Checklist for Plan Review
Attachment H: Construction and Post-Construction Site Standard Operating Procedures
Attachment I: Stormwater Characterization Monitoring Plan
19 October 31, 2021
Attachment A: AZPDES Phase II MS4 Current Permit. DRAFTse II MS4 Current P
Attachment B: Notice of Intent (NOI). DRAFT
Permit Authorization Certificate
Authorization Number:AZSM91833
Permit Name:AZPDES Small Municipal Separate Storm Sewer
Systems (MS4s) General Permit
LTF Number:91833
Permit Number:AZG-2021-002
Issue Date:11/09/2021
Coverage Issued to:
Name:TOWN OF ORO VALLEY STORMWATER UTILITY
MS4 Contact Information:
Name:JOHN SPIKER
Phone:5202295044
Work Email:JSPIKER@OROVALLEYAZ.GOV
AZPDES MS4 Annual Permit Fee
Please note, that pursuant to Arizona Administrative Code, Title 18, Chapter 14,
Article 109(C), you will be billed an annual permit fee equal to the initial fee
until such time as you submit a Notice of Termination to close out your permit
coverage.
ARIZONA DEPARTMENT
OF
ENVIRONMENTAL QUALITY
1110 West Washington Street Phoenix, Arizona 85007
(602) 771-2300 www.azdeq.gov
Page 1 of 1
Phoenix Office
1110 W.Washington Street . Phoenix, AZ 85007
(602)771-2300
Southern Regional Office
400 W.Congress Street . Suite 433 . Tucson, AZ 85701
(520)628-6733
www.azdeq.govDRAFT
Attachment C: Town of Oro Valley Stormwater Infrastructure Map. DRAFT
INA ORACLELA CHOLLALA CANADAMOORE
TANGERINE
THORNYDALELAMBERT
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OVERTON KINGAIRWILDS
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CALLE CONCORDIA
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MAGEE LA CHOLLA1STAttachment C: Town of Oro Valley Stormwater Infrastructure Map
¯Miles00.5 1
Legend
Catch Basins & Curb Inlets
Stormdrain Pipes
Culverts
Storm Channels
Detention Basins
Oro Valley Washes
Major Streets
Oro Valley Town Limits
January 4, 2022DRAFT
Attachment D: List of Responsible Departments. DRAFT
Attachment D: Responsible Department
MCM-1 Public Information and Outreach (Developing an Informed and Proactive Public)
BMP Responsible Department & Personnel
1.1 Create and update informational
brochures
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
1.2 Distribution of informational brochures to
the general public
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
1.3 Distribution of brochures to businesses
that potentially affect stormwater quality
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
1.4 Stormwater content in the Oro Valley Vista
Newsletter
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
1.5 Outreach events at Town of Oro Valley
schools
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
1.6 Display of outreach materials on Town
owned Sun Shuttle buses
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
1.7 Stormwater content displayed on the
Town of Oro Valley website
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
1.8 Effective response to public inquiries Public Works Department, Stormwater Utility Division;
Town Manager’s Office, Constituent Services Coordinator
MCM-2 Public Participation & Involvement
BMP Responsible Department & Personnel
2.1 Public participation through the SWUC Public Works Department, Stormwater Utility Division,
Senior Stormwater Engineer
2.2 Public involvement through notification of
monthly SWUC meetings
Public Works Department, Stormwater Utility Division,
Stormwater Office Assistant
2.3 Public interaction with Town staff Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
2.4 Solicitation of public comments on key
components of utility operations
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
2.5 Encourage public participation via
volunteer groups
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
DRAFT
MCM-3 Illicit Discharge Detection and Elimination (IDDE) Program
BMP Responsible Department & Personnel
3.1 Implementation of an IDDE
program
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
3.2 Identification and Mapping of the
MS4
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
3.3 Identification and Mapping of the
Town’s Municipal Outfall Inventory
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
3.4 Annual Municipal Employee Illicit
Discharge Training Program
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
3.5 Training of Town Volunteers Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
3.6 Written IDDE Procedures Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
MCM-4 Construction Site Stormwater Run-Off Control
BMP Responsible Department & Personnel
4.1 Comprehensive pre-construction
site plan review.
Public Works Department, Stormwater Utility Division,
Senior Stormwater Engineer
4.2 Erosion and sediment control for
Town of Oro Valley capital
improvement projects
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
4.3 Establishment and review of TOV
Ordinances regarding disposal of
hazardous construction site waste,
sediment control, and erosion control
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
4.4 Documentation of procedures Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
4.5 Personnel Qualifications and
Education of Private
Contractors/Developers
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
4.6 Establish Procedures for Receipt
and Consideration of Constituent
Submittals
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
DRAFT
MCM-5 Post Construction Run-Off Control
BMP Responsible Department & Personnel
5.1 Creation, Review and Enforcement
of Post-Construction Stormwater
Pollution Prevention Regulatory
Mechanisms and Standard Operating
Procedures
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
5.2 Comprehensive GIS Inventory of
Active and Finished Construction
Projects
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
5.3 Implement Standard Operating
Procedure on Post-Construction
Inspections
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
5.4 Site Plan Reviews Public Works Department, Stormwater Utility Division,
Senior Stormwater Engineer
MCM-6 Pollution Prevention and Good Housekeeping for Municipal Operations
BMP Responsible Department & Personnel
6.1 Inspection of Town of Oro Valley
Municipal Operations, Storage and
Maintenance Facilities
Public Works Department, Stormwater Utility Division,
Stormwater Utility Inspector
6.2 Street Sweeping Public Works Department, Municipal Operations Division
6.3 Implementation of SPCC and
Operation and Maintenance Plans for
Town Maintenance Facilities
Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
6.4 Municipal Employee Training
Program
Public Works Department, Stormwater Utility Division,
Stormwater Utility Analyst
6.5 Town of Oro Valley Municipal
Vehicle and Heavy Equipment Washing
Procedures
Public Works Department, Municipal Operations Division
6.6 Town of Oro Valley Fleet
Maintenance Schedule Public Works Department, Municipal Operations Division
6.7 Facility Safety Data Sheet Inventory Public Works Department, Stormwater Utility Division,
Stormwater Utility Division Manager
DRAFT
Attachment E: SWMP Modification Log DRAFT
Town of Oro Valley
Stormwater Management Program
Town of Oro Valley
SWMP Modification Log
Modification Made By:
______________________________________________________________________________
Purpose for Modification:
_____________________________________________________________________________________
_____________________________________________________________________________________
Description of Modification:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the person or persons who manage
the system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
Signed:____________________________________ Date:___________________________
Printed:___________________________________
DRAFT
Attachment F: Illicit Discharge Detection and Elimination System. DRAFT
1
Illicit Discharge Detection and Elimination Program
Introduction
This Illicit Discharge Detection and Elimination (IDDE) Program describes procedures and best management
practices to protect the Town of Oro Valley’s Municipal Separate Storm Sewer System (MS4) from pollutants
due to illicit discharges and illegal connections.
This Program complies with requirements in Section 6.3 of the Arizona Department of Environmental Quality
AZDEQ Permit (AZG2021-002) “Arizona Pollutant Discharge Elimination System General Permit for
Stormwater Discharges from Small Municipal Separate Storm Sewer Systems to Waters of the United States”
which states:
“The permittee shall implement an IDDE program to systematically find and eliminate sources of non-
stormwater to its municipal separate storm sewer system and to implement procedures to prevent illicit
connections and discharges.”
Legal Authority
The purpose and intent of this IDDE Program is to ensure the health, safety, and general welfare of citizens,
and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to, and
consistent with, the Federal Clean Water Act (33 U.S.C. 1251 et seq.), National Pollutant Discharge
Elimination System Regulations (40 CFR Part 122), and State regulations for stormwater discharge (ARS Title
49, Chapter 2, Article 3.1) by establishing minimum stormwater management requirements for the
management of pollutants that are, or may be, discharged to the municipal storm sewer system. Authority for
this Program is the “Storm Water Quality Management and Discharge Control Ordinance” described further in
Town Code Chapter 15-24.
IDDE Program Responsibilities
The Town of Oro Valley Stormwater Utility Staff is responsible for development and implementation of this
program. Table 1 below identifies key Town of Oro Valley staff and contact information for those who will
implement the IDDE program.
Table 1. Town of Oro Valley Stormwater Utility IDDE System Implementation Staff.
Position IDDE Program
Responsibility
Phone
Stormwater Utility
Division Manager
Program Control &
Oversight
520-229-4816
Sr. Stormwater
Engineer
Program
Administration
520-229-4816
Stormwater Utility
GIS Analyst
Investigation/Record
Keeping
520-229-4816
Stormwater Utility
Inspector
Investigation/Record
Keeping
520-229-4816
DRAFT
2
Illicit Discharge Reporting
A) Training of municipal employees.
The TOV will help facilitate detection and prevention of illicit discharges and connections to the MS4
through education and training of Town staff on potential sources and hazards associated with these illicit
activities. Selected staff are trained as Certified Stormwater Inspectors by the National Stormwater Center
or equivalent (we currently have 13). This training includes identifying sectors of the public (by region,
industry, neighborhood), most likely to contribute illicit discharges, and to use this information to perform
more effective inspections. The Town of Oro Valley also annually trains every municipal Operations and
Maintenance employee in detection and reporting of illicit MS4 activity to the Stormwater Utility.
B) Solicitation of public reporting of illicit MS4 activity.
The TOV solicits public information and reporting of illicit discharges through both the SWU office and
the Town’s Constituent Services Coordinator (CSC). The Stormwater Utility manager and CSC are the
principle contacts for constituent concerns, and they coordinate on situational assessment and potential
resolution. Current and future means of information retrieval include e-mail, telephone calls, letters, direct
conversations, and a web-based reporting system.
C) Internal Procedure When an Illicit Discharge is Reported or Discovered.
Each time an illicit discharge is reported, Town Staff will immediately determine what type of discharge
has occurred and whether it poses an immediate threat to public health or the environment. The following
considerations are made upon discovery of an illicit discharge.
• What type of spill or discharge has been discovered?
• How much material has been released?
• Does the discharge involve a hazardous material and should the fire department or other emergency
responders be notified?
• Is there imminent danger of this discharge or spill rapidly spreading to sensitive environmental
areas?
• Should other agencies be notified?
Table 2. State, County and National Agency Contacts for Illicit Discharges.
Agency Phone Number When To Contact
Arizona Department of
Environmental Quality
1-800-234-5677 When a discharge is an acute
public health threat involving
extremely hazardous material.
Arizona Department of
Transportation (ADOT)
1-800-251-5866 When a suspected discharge
originates from or enters areas of
ADOT responsibility.
Pima County Department of
Environmental Quality
520-724-7400 When a suspected discharge
originates from or enters into
Unincorporated Pima County. DRAFT
3
U.S. Environmental Protection
Agency/911
1-800-424-8802/
911
When a discharge is an acute
public health threat involving
extremely hazardous material.
When an Illicit discharge is either reported to, or discovered by, staff, the internal procedure for
documenting, investigating, and eliminating such discharges is as follows. The Stormwater Utility Division
Manager will upon reporting or discovery of an illicit discharge, dispatch an inspector for further
investigation of the incident, and, if necessary, report the incident to the proper external agencies (see table
2. above). The inspector, upon arrival at the location, will determine the source and whether the source is
public or private. The Stormwater Utility Analyst will map the incident and retain all records associated
with the incident in the proper Drainage Violation folder. If the source of the illicit discharge is public, the
Stormwater Utility Division Manager will coordinate with Town of Oro Valley municipal operations staff
to eliminate the discharge as quickly as possible. If the source of the discharge is private, a drainage
violation will be issued by the Stormwater Utility Division Manager that clearly outlines a schedule for
cessation of the discharge as well as requiring statement acknowledging responsibility and confirming
future compliance with all Town of Oro Valley requirements and codes dealing with the discharge of illicit
substances.
If issuing a civil penalty becomes necessary as a result of an illicit discharge, the Town of Oro Valley has
in place a water quality ordinance (Town of Oro Valley Code 15-24) and an enforcement response plan
(see appendix A of this document) to bring potential violators in compliance with federal, state, and local
regulations.
Identifying Potential Town of Oro Valley Illicit Discharge Hotspots.
The Town of Oro Valley has identified priority areas most likely to have illicit discharges or connections.
This information helps field staff and managers decide where to conduct detailed field investigations to
pinpoint and eliminate illicit discharges and connections. The process includes reviewing information
contained in the Town’s Cartegraph/GIS database, gathering staff knowledge of the Town’s watersheds,
determining where illicit discharges have been reported in the past, and compiling other information
collected by field crews. The following section describes priority areas already identified for future illicit
discharge investigations, as well as procedures that staff uses to conduct a more detailed office assessment
if needed.
A) Priority Areas Identified.
The Town of Oro Valley has identified three main priority areas where illicit discharges have a higher
likelihood of occurring. These include:
• The commercial corridor of State Highway 77 (Oracle Road.) from Ina Road. to Rancho Vistoso
Boulevard.
• The commercial and industrial corridor of East Innovation Park Drive.
• The Commercial corridor of North La Canada Drive, between Lambert Lane and Naranja Drive.
Within these priority areas, the Town of Oro Valley will investigate businesses or activities that typically
generate wastes that may contain fecal coliform bacteria, petroleum products, heavy metals, oil and
grease, and soapy washwater. The Town will conduct unannounced site inspections, public education and
outreach, and follow-up investigations at: DRAFT
4
• Businesses that generate pet waste (e.g., veterinary clinics, pet boarding centers, pet
stores, and animal shelters) and public parks.
• Automotive service centers and gas stations.
• Restaurants.
• Grocery stores and commercial retailers.
• Light industrial and manufacturing facilities.
• Horticultural and plant nursery facilities.
Figure 1 below shows areas within the Town of Oro Valley where illicit discharges have a moderately
higher likelihood of occurring.
DRAFT
5
B) Field Assessment in These Priority Areas.
Detailed procedures for field assessments are discussed in the Town of Oro Valley standard operating
procedure for outfall inspection titled Dry and Wet Weather Field Screening of Outfalls (appendix B of
this document). Information collected during dry weather outfall inspections (e.g., outfalls where
suspected or obvious illicit discharges are discovered) are used to identify priority areas where follow-up
investigations need to be pursued. Information collected during routine MS4 asset inspections, health
department inspections, and water quality monitoring are also used to identify priority areas for future
investigation. Maps are prepared to assist with field assessment in these priority areas and include include
the following information.
• Nearby washes
• Streets
• Landmarks
• Aerial photography
• Major land uses
• MS4 network assets
Eliminating Illicit Discharges.
Upon detection of an illicit discharge, the Town of Oro Valley will identify all responsible parties and
eliminate those discharges as expeditiously as possible through every legal avenue at the Town’s disposal.
When immediate elimination of an illicit discharge is not possible the Town of Oro Valley will establish a
schedule of elimination to expedite the removal of the discharge to the maximum extent practicable. A
report on discharge location, discharge volume, dates the discharge took place, responsible parties, and
mitigation techniques will be provided annually to ADEQ as part of the Town of Oro Valley annual MS4
report.
Visual Monitoring.
The Town of Oro Valley has developed and implemented a visual monitoring program of municipal
outfalls. Included in this monitoring program are parameters for identification of illicit discharges during
both dry weather and wet weather inspection of municipal outfalls. Outfall inspection during dry and wet
weather includes records of:
• Outfall identification
• Personnel conducting the inspection
• Time and date
• Weather conditions at the time of inspection
• Estimated flow rate (if applicable)
• Apparent odor, color, and clarity of the water (if applicable)
• The presence of floatables and other debris (if applicable)
• Condition of the ground during dry weather inspection
• Recording of nearby land use
A) Visual Dry Weather Outfall Monitoring.
The Town of Oro Valley has developed a standard operating procedure titled Dry and Wet Weather Field
Screening of Outfalls, which clearly outlines municipal outfall inspection procedures. DRAFT
6
B) Visual Stormwater Discharge Monitoring.
The Town of Oro Valley has identified 5 major outfalls strategically chosen for their close proximity to
dense commercial and urban residential land use. These outfalls will be monitored at a minimum of four
times per year (twice during storm events each rainy season). Procedures for monitoring outfalls during
storm events are clearly outlined in the Town of Oro Valley municipal outfall identification and
inspection standard operating procedure titled Dry and Wet Weather Field Screening of Outfalls.
Indicators of IDDE Program Progress
An important component of the IDDE program is a tracking and reporting system. A summary of the
information collected for the tracking and reporting system will be included in the annual report to
Arizona Department of Environmental Quality. The information stored in the tracking and reporting
system will be evaluated on an annual basis at a minimum to adjust the IDDE program as needed. The
Town of Oro Valley currently uses Cartegraph and GIS software to store and analyze data and produce
maps. The following information should be tracked and reported in Cartegraph\GIS to assist with annual
report preparation and program evaluation.
• Number of illicit discharge complaints received from the public
• Feedback received from public education efforts
• Percentage of the Town wide MS4 mapped
• Results of field assessments in high priority areas
• Number of MS4 assets inspected
• Photographic documentation of inspections
• Results of follow-up monitoring in problematic areas
• Number of illicit connections and discharges discovered and eliminated
• Status and efficacy of statutes and enforcement procedures
• Dates of staff training
• Number of staff trained
DRAFT
Appendix A: Town of Oro Valley Illicit Discharge Detection & Elimination System (IDDE) Enforcement
Response Plan
Introduction:
Under the terms of the Arizona Pollutant Discharge Elimination System General Permit for Stormwater
Discharges from Small Municipal Separate Storm Sewer Systems (AZG2021-002), the Town of Oro Valley
is required to develop and implement adequate enforcement authority for illicit discharges into its
Municipal Separate Storm Sewer System (MS4). The purpose of these Enforcement Response
Procedures is to communicate how the enforcement tools available to the Town, will be used to achieve
compliance.
I. Enforcement Response Plan (ERP) Plan Definitions
A. The Oro Valley Town Engineer shall be the ERP Administrator.
B. The Oro Valley Town Engineer (ERP Administrator) shall authorize in writing a person or person(s) to
act as Town of Oro Valley ERP Representatives.
C. “Town of Oro Valley ERP Representative” shall refer to any employee or consultant authorized by
the ERP Administrator to act under this Enforcement Response Plan.
D. “Illicit Discharge”, shall refer to “any discharge to the municipal separate storm sewer system
including sediment, which is not composed entirely of storm water, except for discharges allowed under
the National Pollutant Discharge Elimination System, or waters used for firefighting operations.
E. “Consent Order/Consent Order Agreement” a written agreement permitting the violator to
accept responsibility for the discharge and provides the opportunity to voluntarily clean up and/or
correct an illicit discharge reducing additional damage and potential penalties associated with cleanup
costs.
F. “AZPDES Non-Filers”, shall refer to any facility or activity discharging the Town of Oro Valley MS4
without a required AZPDES/NPDES permit.
II. AZPDES Non-Filers
The Town of Oro Valley maintains a comprehensive GIS inventory of all ongoing construction projects
within the Town. Obtained as attachments for this inventory are all associated NPDES/AZPDES notices of
intent (NOI) for each project. No project is allowed to commence or operate without a current NOI on
file in this system. The Town of Oro Valley will report all suspected non-filers to ADEQ at
AZPDES@azdeq.gov every month if there are non-filers to report. This report will include the facility or
project name and location of the suspected non-filer. The email subject line will include “Non-filer –
Town of Oro Valley MS4”.
III. Description of Each Type of Enforcement Response
A. Written Warnings DRAFT
1. Field Compliance order
A) A Town representative may observe potential compliance issues in the field. In instances
involving potential compliance issues, the Town’s Representative will issue a verbal, and/or
written warning. Any written Field Compliance warning may be given verbally or sent either
by email or a mailed letter specifying the nature of the violation, the required corrective
action and a follow-up inspection date. Failure to cure compliance issues subject to a Field
Compliance Order shall result in enforcement escalation.
2. Notice of Violation
A) If upon a site inspection, a Town representative observes compliance issues that have
resulted in an illicit discharge of pollution, including sediment, the representative will issue:
1. Notice of Violation:
a) The notice of violation will specify the nature of the violation, the required corrective
action(s), and a follow up inspection date.
b) The notice of violation will require the party committing the violation to submit a
satisfactory remediation and prevention plan to include specific steps to be taken to
prevent further illicit discharges from the site, within 5 days of the date of the
violation.
c) If the required corrective actions are not completed to the satisfaction of the ERP
Administrator by the follow-up inspection date, the appropriate Town representative
in consultation with the ERP Administrator will:
• Revoke all current building or construction permits where applicable.
Revoked permits shall only be reinstated after the permittee has reapplied
for a new permit complete with a new permit fee and resulting remediation
of all further illicit discharges.
• In the event no Town permits have been issued, a Storm Water Violation
Citation will be issued.
3. Consent Order/Consent Order Agreement in lieu of Notice of Violation
A) A Consent Order will include specific corrective actions to be taken in correcting the
illicit or sediment discharge together with a specified time frame to finish the corrective
actions.
1. Consent Order Agreements will only be issued to violators that can provide
documentation verifying that they or their designated representative are qualified to
handle the required illicit discharge cleanup.
2. The ERP Administrator is empowered to enter into Consent Order Agreements with
violators on behalf of the Town of Oro Valley.
3. Where the discharge and cleanup area affect private (third party) properties, Consent
Orders must be approved by all parties involved or a Notice of Violation will be issued.
IV. Violation Procedure DRAFT
A) The ERP Administrator, upon determining the level of violation, will notify the violator by sending
either a Written Notice of Violation to their address of record. Notice shall set forth the nature of
the violation, the date and time of violation, and the name of the official issuing the notice and spell
out the opportunity to work through the matter through a Consent Order Agreement if the violator
qualifies.
B) Once a Notice of Violation is issued, the alleged violator shall within five business days of the date
of issuance of the notice, pay the amount set forth on the schedule of fines for the violation and
remediate the violation as provided in this Section. The fine may be paid in person or by mail, and
payment shall be deemed to be an admission of the violation. Failure to pay the fine amount or
remediate the violation within 14 days shall result in a Summons and Complaint to be filed by the
Town Attorney in the Oro Valley Magistrate Court or referral of the violation to the Arizona
Department of Environmental Quality “ADEQ “.
5. Cease and Desist Orders
A) The Town Administrator may issue a Cease and Desist Order effectively stopping all work
on a site where there is a clear violation, a continuing violation, or disregard for:
• Town of Oro Valley ordinances regulating the illicit discharge of pollutants or
sediment.
• ADEQ building or construction storm water permit requirements
• Previously issued field compliance orders, notices of violation, or breach of any
signed Consent Order Agreement associated with the site where the illicit
discharge occurred.
B) Cease and Desist orders shall require that the violator must comply with the order and
take appropriate remedial or preventive action as is needed to properly address a
continuing or threatened violation; including the halting of all operations on the site
except for authorized cleanup, termination of any discharge, or the installation of
appropriate control measures.
C) All Cease and Desist orders serve as a notice of violation with applicable fine and
penalties.
D) The ERP Administrator in consultation with appropriate Town Representative(s) may
suspend, revoke or modify any Town issued permit authorizing a land development
project, or any other project of the applicant associated with the violation in question.
E) A suspended, revoked or modified permit may be reinstated only after the applicant or
designated responsible party has completed the corrective actions set forth in the written
Notice of Violation/Cease and Desist Order.
F) Violators with outstanding violations shall not receive any new Town of Oro Valley
construction or building permits until all outstanding violations have been remedied and
all applicable fines and penalties paid.
G) Contractors that have had two or more civil penalties within the previous 12 calendar
months shall be required to deposit a cash assurance equal to double the assurance
amount normally required for each permit obtained. DRAFT
H) In the event violations persist, the Town of Oro Valley may bring legal action to enforce
violations issued and to enjoin a continued violation of the Town’s Storm Water code. In
the event actions by the ERP Administrator do not result in abatement of any continuing
violation the ERP Administrator may request Town Attorney, to begin proceedings in the
Oro Valley Magistrate Court where the Oro Valley Magistrate Court is authorized to
enforce any civil penalties and/or issue preliminary or permanent injunctions to restrain
or compel activities by any violator found responsible.
6. Referrals to ADEQ
A) In instances occurring at locations where the Town of Oro Valley has used progressive
enforcement to achieve compliance with this ERP where matters do not require
immediate action, and in the judgement of the ERP Administrator, these efforts continue
to be unsuccessful, in lieu of judicial proceedings the ERP Administrator may refer the
violation to the ADEQ. For the purposes of this ERP, “progressive enforcement” shall
mean two non-compliant follow-up inspections and two written notices of violation
denoting non-compliance.
D) The Town of Oro Valley shall keep enforcement files for a minimum of three years after
the file is closed, consistent with State of Arizona record retention regulations.
V. Penalties
A). First offense: $100.00;
B). Second offense: $300.00;
C). Third offense or subsequent offenses: $500.00.
DRAFT
PUBLIC WORKS DEPARTMENT STANDARD OPERATING POLICY AND PROCEDURES
Appendix B
Dry & Wet Weather Field Screening of Outfalls
DEPARTMENT /
DIVISION
Stormwater
PAGE
1 of 4
ISSUE DATE:
PURPOSE
I. DISTRIBUTION
A. Public, Special Inspectors, Building Safety personnel
II. REVISION HISTORY
None
III. CODE REFERENCE
A. Town Code Stormwater Article 15-24
B. Town Code Floodplain and Erosion Hazard Management Chapter 17
IV. PROCEDURE
Inspection of outfalls is accomplished to ensure that the quality of storm water within Oro
Valley is maintained at the highest practiced levels. The Town inspection program consists of
semi-annual inspections using the inspection checklist as attached, unless we are notified of a
specific discharge incident within the town. There are over 300 outfaIls, comprised of storm
water outlets, detention basin outlets, tributary confluences, parking lot discharges, first flush
devices, and others.
A. Screening Inspection Schedule
Outfall inspection will progress in a logical sequence beginning downstream and
progressing upstream within channel reaches. The Storm Water Utility goal is to inspect
·every outfall twice per year. Documentation of our Dry Weather Field screening
program is utilizing the Cartegraph asset management software program with ArcGIS
enterprise GIS geodatabase.
B. Citizen Complaints
Illicit discharge and dumping complaints will be recorded and investigated within 2
business days. Corresponding outfalls will be identified and the dry weather field
screening of outfalls procedures will be followed. If required, proper notifications will be DRAFT
made under the State Emergency Response Program. Customers will receive a response
and be kept updated of progress on resolving the complaint. These responses and
customer interactions will be properly documented in the incident file.
Outfall Inspection Procedures
I. Prior to Inspections
a. Inspections should not be conducted within 72 hours of a measurable rainfall to avoid
confusing accumulated storm water from rain events with true dry-weather discharges.
b. Past inspection sheets and photographs for each site should be reviewed in the
cartegraph program so the inspector can be aware of the previously noted conditions.
c. Blank inspection sheets should be prepared for the upcoming activities (see attached).
d. The "Stormwater Test Kit" should be checked to ensure that the instructions, required
glassware, and a full stock of reagents are present. Any missing elements should be
ordered well in advance of the scheduled time for performing the inspections. Test and
calibrate the pH meter to be used. Review all MSDS for the reagents and to ensure
proper PPE is available and used.
e. Organize the outfall locations to be inspected on a given day into a logical sequence to
minimize travel time between sites and backtracking across town.
f. Bring the following equipment, at a minimum, to the field when performing the field
screening activities:
i. Outfall notebook(s)
ii. Storm water Test Kit/pH Meter
iii. Inspection sheets
iv. Camera
v. Outreach/Guidance Material
vi. GPS Unit
vii. Safety Equipment
viii. Pens/Pencils
ix. Cell phone, flashlight
x. Clean Glass Beaker or Bottle
II. Inspections
a. Travel to and locate the outfall to be inspected.
b. Safely access the outfall location. Bear in mind that access to certain sites may be
hazardous and require the use of safety equipment or a less direct route.
c. If the outfall is located in a densely vegetated wash, extra care should be taken during
entry - note that itinerant people often live in such locations in addition to dangerous
wildlife.
d. Fill out the general information part of the inspection sheet (date, time, inspector,
outfall identifier, etc.). DRAFT
e. If a particular outfall has been changed from its original condition, the description of the
outfall should be updated on the inspection report. This might include areas where
development has occurred and a former dirt channel has been replaced by a drainpipe
or riprap channel. If a particular outfall has been completely destroyed or removed, this
should be noted on the inspection report and the Inspection Supervisor and the
Environmental Project Coordinator notified. An alternate outfall location may need to
be established.
f. Once at the outfall, the inspector should look for any indication of dry-weather flow or
illicit discharges. Such indications include, but are not limited to:
i. Flowing water
ii. Ponding water or dampness
iii. Lush vegetation not characteristic of the surrounding area
iv. Unusual Staining
v. Deposits of evaporative products (salts)
vi. Oil sheen or residual
g. Observe and record the condition of the outfall and note any indications that
maintenance is needed, such as the presence of significant garbage/refuse, flow
obstructions, structural or erosion damage, overgrowth of vegetation, etc.
h. Take at least one photograph at each outfall.
i. If flowing water is present, the inspector should estimate the f10w rate and record
observations with brief descriptions of color, odor, turbidity of the water; oil sheen or
surface scum. If there is enough flow to collect a discrete sample, field tests should be
conducted and results recorded for: pH; copper, chlorine, detergents, and phenols. If
any of the field tests indicate the presence of contamination, a grab sample should be
obtained and submitted to an analytical lab under contract to the Town. The parameters
to be tested at the lab will be determined by the Storm Water Manager. The inspector
should collect another grab sample within a 24-hour period, with a minimum period of
four hours between samples.
j. If flowing or ponded water is present, investigate to determine the source of the water.
This may include searching up gradient in the drainage (inlet grates, catch basins, etc.)
for inflows and/or illicit connections, reviewing storm drain maps and records of the
area, and interviewing persons who work at possible sources of inflow.
k. If the source of the discharge can be established, the inspector should determine if the
discharge is allowable under the Town Storm Water Discharge Control Ordinance. Some
more common qualifying discharges include:
i. Discharges associated with operation and maintenance of the potable or
reclaimed water systems, well development, or well monitoring,
ii. Residential dechlorinated swimming pool discharges, DRAFT
iii. Discharges from residential coolers and air conditioning condensate,
iv. Discharges from residential or charity exterior car washing where only water or
biodegradable soaps are used,
v. Building or street-wash water where only water or biodegradable soaps are
used.
l. If the source of the discharge is allowable under the Town's Storm Water Discharge
Control Ordinance, and if the results of the field tests are negative, then the discharge is
not considered to be a significant source of pollutants. If the source qualifies for the
Town's Code and field test results indicate the presence of pollutants, ADEQ should be
notified.
m. If the source is determined to be irrigation overflow, or a potable or reclaimed line leak,
Oro Valley Water should be notified.
n. If the source is determined to be residential gray water, notify the discharger that under
ADEQ rules, gray water must remain on the discharger's property. Advise the discharger
that if the discharge off their property continues, they could be cited under Town of Oro
Valley Code and reported to ADEQ for possible further enforcement.
o. If the source can be determined and has the potential to be a source of pollutants, as
evidenced by field or laboratory testing, it should be considered illicit, and the following
steps should be taken to cease the discharge to the storm drain system: discussion with
responsible parties, distribution of guidance materials, issuance of a compliance status
letter, notice of violation, enforcement action, and notification of regulatory authorities.
p. If the source of a dry weather flow cannot be determined, and test results indicate the
presence of a pollutant, the inspector should report their findings to the Storm Water
Manager for further investigation. Further investigation may include: researching storm
drain maps and contributing drainage areas, conducting more extensive field surveys
performing a confined space entry into the storm drain, or performing dye tests and
other tests to be determined on a case by case basis.
q. Any outfall that exhibited flowing or standing water during an inspection should be
revisited within at least two weeks from the original inspection date to see if the
discharge is continuing or if corrective actions have been effective. Follow-up
monitoring of the outfall should be continued on an as needed basis until the dry
weather discharge has been eliminated, or until further investigations conclude that the
discharge is not a significant source of pollutants.
III. After Inspections
a. Enter the results of each inspection into ArcGIS/Cartegraph database for the current
fiscal year, and file hard copies of photos and inspection sheets in the outfall inspection
notebooks. DRAFT
b. Create a work order for the appropriate Department/Division on any field screening
location requiring maintenance including areas with significant garbage/refuse, flow
obstructions, structural or erosion damage, overgrowth of vegetation, etc.
c. Prepare a brief report for any illicit discharges detected, provide flow observations, test
results, identify the source (if it can be determined), and list actions taken to stop the
discharge. This report will be used to notify appropriate authorities if the discharge
continues, or will be summarized in the Annual Report.
d. Prepare a table of findings and a summary of field screen outfall activities for inclusion
in the annual report. Identify outfalls that have been eliminated.
AUTHORIZED
Paul Keesler, Director
DRAFT
Attachment G: Stormwater Checklist For Plan Review. DRAFT
PLAN REVIEW DISTRIBUTION CHART
SUBMITTAL TYPE FILEPLANNINGPERMITTING ‐ ENGINEERINGRIGHT‐OF‐WAYTOWN ENGINEERSTORMWATER UTILITYWATER UTILITYPERMITTING ‐ BUILDINGGOLDER RANCH FIREPOLICEPARKS, RECREATIONTRANSITECONOMIC DEVELOPMENTPRE‐APPLICATION (OV1)
DESIGN REVIEW COMMITTEE SUBMITTAL ●●●●●●●●●●
CONCEPTUAL DESIGN (OV12)
CONCEPTUAL SITE AND LANDSCAPE PLAN ●●●●●●●●●●
CONCEPTUAL ARCHITECTURAL DESIGN ●●●●
CONCEPTUAL PUBLIC ART ●●●●
TRAFFIC IMPACT ANALYSIS ●●● ●
NATIVE PLANT PRESERVATION PLAN ●●
SITE RESOURCE INVENTORY PLAN ●●
FINAL DESIGN (OV12)
FINAL SITE PLAN ●●●● ●● ● ●
FINAL ARCHITECTURAL DESIGN (OV13)●●●
FINAL PUBLIC ART (OV5)●●●●●
FINAL LANDSCAPE AND IRRIGATION PLAN ●●●● ●
RAINWATER HARVESTING PLAN ●●●
DRAINAGE REPORT ●●
GEOTECHNICAL REPORT ●●
TITLE REPORT ●●
ALTERNATIVE PARKING ANALYSIS ●●
ARCHEOLOGICAL CLEARANCE ●●●
CLOSURE CALCS ●●
FINAL PLAT ●●●●●
CIVIL IMPROVEMENT PLANS FOR PERMIT
ON‐SITE CIVIL IMPROVEMENT PLANS (G)●●● ●
OFF‐SITE CIVIL IMPROVEMENT PLANS (G)●●●● ●
STORMWATER POLLUTION PREVENTION PLAN (G)●●
OV WATER UTILITY PLANS (OV20‐OV24)●●●●
MINOR PLAT AMENDMENT (OV12)
LOT LINE ADJUSTMENT ●●●● ●
NO BUILD AREA TRADE ●●●●
TEXT AMENDMENT ●●●
SCRIVENERS ERROR ●●●
GENERAL PLAN AMENDMENTS (OV11)
MINOR MAP AMENDMENT ●●●● ●●
MAJOR MAP AMENDMENT ●●●● ●●
TEXT AMENDMENT ●●●● ●
PLANNED AREA DEVELOPMENTS [PAD] (OV9)
NEW PAD ●●●● ●●●●
PAD MAP AMENDMENT ●●●● ● ●
PAD TEXT AMENDMENT ●●●● ● ●
PAD EXEMPTION ●●●●●
SIGNS (OV3)
MASTER SIGN PROGRAM ●●●
SIGN CRITERIA ●●●
SIGN PAD EXEMPTION ●●
MISCELLANEOUS SUBMITTALS
REZONING (OV9)●●●●● ●●●●
MINOR LAND DIVISION (OV12)●●●●●
DEVELOPMENT PLAN EXTENSION (OV12)●●●●
CONDITIONAL USE PERMIT (OV8)●●●● ●●○●DRAFT
SUBMITTAL TYPE FILEPLANNINGPERMITTING ‐ ENGINEERINGRIGHT‐OF‐WAYTOWN ENGINEERSTORMWATER UTILITYWATER UTILITYPERMITTING ‐ BUILDINGGOLDER RANCH FIREPOLICEPARKS, RECREATIONTRANSITECONOMIC DEVELOPMENTGRADING EXEMPTION (OV12)●●● ●DRAFT
SUBMITTAL TYPE FILEPLANNINGPERMITTING ‐ ENGINEERINGRIGHT‐OF‐WAYTOWN ENGINEERSTORMWATER UTILITYWATER UTILITYPERMITTING ‐ BUILDINGGOLDER RANCH FIREPOLICEPARKS, RECREATIONTRANSITECONOMIC DEVELOPMENTHOME OCCUPATION [TYPE I OR II] (OV4)●●● ●●
ZONING VERIFICATION (OV4)●●
ZONING INTERPRETATION (OV4)●●
COMMUNICATION FACILITIES (OV6)
TIER 1 ●●●● ●
TIER 2 ●●●● ●
MAJOR ●●●●●
BOARD OF ADJUSTMENT (OV10)
VARIANCE REQUEST ●●●● ●●
APPEAL OF ADMINISTRATIVE DECISION ●●●
○ ‐ MAY REQUIRE REVIEW ON A CASE BY CASE BASIS
DRAFT
Community Development and Public Works
Permitting Division
11000 N La Cañada Drive, Oro Valley, Arizona 85737 • 520-229-4815 • 520-742-1022 (Fax)
TYPE 1 GRADING PERMIT CHECKLIST
Notice to Permit Holder - It is the applicant/owner's responsibility to ensure all private rules and regulations of the subdivision
are adhered to. Contact your HOA or property management to determine applicable requirements. Initial Here ________
1.0 General Information
1.1 Fill out the Grading Statement on page 2 of the Building Permit Application.
1.2 Provide a Grading/Site Plan with the application. See below for Grading /Site Plan requirements.
1.3 A Town of Oro Valley Floodplain Use Permit is required for grading or other improvements within a 100-year
floodplain.
1.4 A Town of Oro Valley Right-Of-Way Permit is required for all construction related activity in Town right-of-
way. This includes driveway connections and utility trenching.
1.5 Detailed review and permitting of septic systems is by the Pima County Department of Environmental Quality.
It is the applicant’s responsibility to coordinate directly with PCDEQ.
1.6 A drainage report is required for structures and grading that may affect or be affected by a 100-year floodplain
or erosion hazard setback. Other drainage related situations may require a drainage analysis with supporting
calculations as needed on a case by case basis.
2.0 Grading /Site Plan Requirements
2.1 Grading/Site Plan Format:
Plan is to measure 24”x36”. Other sizes are acceptable on a case by case basis.
Label plan “Grading/Site Plan”.
Utilize a standard engineering scale, typically 1”=10’ or 1”=20’.
Provide a north arrow and bar scale.
Grading/Site Plan to be tied to a benchmark of known elevation and location. Include this information on
the plan.
Grading/Site Plan to be prepared by an Arizona Registrant for the following conditions:
Average cross-slope of building pad region is greater than 6%.
Average cross-slope of parcel is 15% or greater.
Parcel has sloped areas greater than 25%.
2.2 Grading/Site Plan Content – Existing Conditions:
Show exterior boundaries of parcel in a heavy solid line type. Provide metes and bounds per recorded
final plat or other recorded instrument.
Show and label existing topography at 1 or 2 foot contour intervals.
Show and label adjacent existing roadways and indicate as either public or private.
Show and label all existing recorded parcel restrictions such as floodplain limit lines, erosion hazard
setback lines, conservation areas, easements, etc.
Show and label existing utilities.
Maintain existing drainage patterns for flows entering and exiting the site.
2.3 Grading Site/Plan Content – Proposed Conditions:
Show and label proposed topography at 1 or 2 foot contour intervals. Ensure that proposed contour lines
tie back into existing contour lines.
Show the locations of toe and top of new slopes.
Show and label all proposed structures to be constructed.
Indicate the finished floor elevation (FFE) and finished pad elevation of any proposed residential building.
For proposed attached garages, only an FFE is required. DRAFT
Show proposed finished grades at the following locations:
Building and patio slab corners.
At periodic intervals along channel or swale inverts.
Inlet and outlet invert elevations of pipes and area drains.
Grade breaks, high points, and low points.
Along proposed driveways to verify finished slope.
As needed to verify positive drainage. A minimum slope of 5% for a distance of 10’ away
from a foundation is generally required per International Residential Code Requirements
(R401.3). For other locations, a minimum 0.5% slope is generally required for paved
surfaces and minimum of 1% slope is generally required for unpaved areas.
Show locations of all proposed retaining walls. Provide elevations for the top of retaining walls
and at the bottom along finished grade. Supporting structural calculations and details prepared
by an Arizona registrant is required for the following:
Retaining walls greater than 4-feet when measured from bottom of footing.
Retaining walls with site walls when the combined height is greater than 6-feet, measured
from bottom of footing.
Any retaining walls with an applied surcharge load.
Site walls greater than 6-feet when measured from the top of footing.
Indicate the locations of wall openings for surface drainage and label permanent erosion control
devices to be used (e.g. riprap apron).
Provide a limits of grading line to indicate all areas to be disturbed.
Indicate the location of construction access to the site if other than an existing driveway or wall
opening.
Provide construction layout dimensions as needed.
For proposed driveways, indicate the surfacing to be used such as asphalt, concrete, brick or
aggregate. Per the Town Zoning Code, driveways are required to maintain a dust free condition.
Show all proposed utilities from point of connection to proposed structures.
House Connection Sewer (HCS) are to meet International Plumbing Code requirements.
Indicate size, minimum slope, and location of HCS lines and cleanouts.
Provide the rim elevation of the nearest upstream manhole to verify whether a backwater valve
will be required on the HCS line. If a backwater valve is required, indicate as such on plan.
Indicate the locations of permanent erosion control devices (e.g. splash blocks, riprap aprons,
etc) at the base of down spouts, scuppers, canales, etc.
Indicate the locations of interim erosion control devices (BMP) to be in place during
construction (e.g. silt fence, waddle, etc). Provide a typical detail with installation information
for the proposed device. All BMP’s are to be placed within the limits of grading line.
Provide a typical cross section(s) at critical areas where additional clarity may be required.
Provide erosion control measures (e.g. riprap aprons) at runoff discharge locations where
required.
2.4 Additional Grading Information:
Finished slopes mush conform to the following Town Zoning Code restrictions:
3:1 (horizontal: vertical) or flatter shall be revegetated.
Slopes 2:1 or flatter but steeper than 3:1 shall be stabilized with rock riprap over filter
fabric.
Slopes steeper than 2:1 shall be stabilized with grouted riprap or retaining walls as
appropriate. Slopes shall not exceed 1:1.
Alternative methods of stabilization may be allowed when supported by a geotechnical
report prepared by an Arizona registrant.
2 of 3 DRAFT
Cut, fill and slope setbacks must conform to the following Town Zoning Code restrictions:
The maximum depth of cut and fill shall not exceed six feet (6-feet) measured vertically
from existing grade to finished grade. If terraced retaining walls are utilized, the maximum
depth may be increased to eight feet (8-feet).
The top of a cut slope is to be set back from a property line a minimum of one-fifth (1/5) of
the vertical height of the slope, with a minimum of two-feet (2-feet),
Please be aware that if the project is within a Planned Area Development (PAD), such as
Rancho Vistoso, the PAD design standards shall govern if there is a conflict with the Town
Zoning Code.
The requirements of the Environmentally Sensitive Lands (ESL) or the Hillside Development
Zone ordinances shall apply if applicable to the subject property.
3.0 Standard Grading Notes
The following standard Grading Notes are to be included on the Site/Grading Plan:
1. Unimproved disturbed areas resulting from operations on this lot shall be restored to their natural
state by utilizing drought-resistant vegetation as stated by the Town of Oro Valley Zoning Code.
All utility trenches and/or leach fields are to be restored to their original natural conditions.
2. Excess soil generated from earthwork operations shall be removed from the site and lawfully
disposed of, or, if allowed and approved by the Town Engineer, site material may be placed so as
to become an integral part of the site development, all in accordance with hillside development
regulations.
3. Cut and fill slopes and slope treatment to be in compliance with the requirements of the accepted
geotechnical engineering investigation or the Town of Oro Valley Revegetation Requirements.
4. Excess soil material generated from the earthwork operations shall not be disposed of by pushing
or placing said material into areas designated as 100-year floodplain areas.
5. The contractor is responsible for assuring proper and adequate drainage.
6. Elevation of finish pad shall be certified by a registered land surveyor prior to pouring
foundations. A copy of certification must be approved by the Town of Oro Valley Inspection and
Compliance Division prior to calling for building inspections.
7. Prior to any building finals, a final grading inspection must be obtained from the Town of Oro
Valley. Call the Town of Oro Valley Inspection and Compliance Division at (520) 229-4898 for
a final grading inspection at least 24 (twenty-four) hours in advance.
3 of 3 DRAFT
Community Development and Public Works
Permitting Division
11000 N La Cañada Drive, Oro Valley, Arizona 85737 • 520-229-4815 • 520-742-1022 (Fax)
TYPE 2 GRADING PERMIT CHECKLIST
Notice to Permit Holder - It is the applicant/owner's responsibility to ensure all private rules and regulations of the subdivision
are adhered to. Contact your HOA or property management to determine applicable requirements. Initial Here ________
All items listed below must be completed prior to scheduling a pre-grading conference.
Items with lines through them are completed. Open items are to be submitted by the applicant or agent.
OWNER/DEVELOPER: _________________________________ GRADING PERMIT #:_______________________
PROJECT NAME: ______________________________________ OV #: ______________________________________
ENGINEER/AGENT: ____________________________________ PHONE: _________________ DATE: __________
Proof of review fee payment, date paid: _______________
Archeological Clearance Letter
Soils report
Pavement design report
Final Hydrology Report (2 copies)
Stormwater Pollution Prevention Plan & ADEQ NOI (EPA compliant)
Approved Improvement Plans: 5 (subdivision) or 7 (commercial) blueline sets of civil plans including SWPPP sheets and a
Mylar set of the plans
Completed Grading Permit Application
Construction/Restoration Bond Estimate: (amount: $ _____________) *
Construction/Restoration Bond, date received: ___________________ *
Water Bond Estimate: (amount: $ ______________) *
Water Bond, date received: ____________________ *
Landscape Bond Estimate: (amount: $ _______________) *
Landscape Plan/Landscape Bond, date received: ______________________ *
* Note: Bond Estimates shall be submitted & approved by OV Staff prior to bond submission
Approved Public Water Plans (Oro Valley Water Utility)
Copies of Recorded Easements/Letters of Agreement
Executed Assurances
Floodplain Use Permit, if required for project
Salvage per Approved Salvage Plan
Grading Limits staking accepted by Zoning Inspector
Grading Permit fee (amount: $ ___________________)
* Grading Permit fee – amount to equal ½% of site construction cost or $500, whichever is greater. Submit contractor’s bid
information on letterhead or sealed estimates from the Civil Engineer. DRAFT
Attachment H: Construction and Post-Construction Site Standard Operating
Procedures. DRAFT
60-03 SWPPP-Inspection-SOP Page 1
STANDARD OPERATING PROCEDURE
Public Works
Stormwater Utility Division
Number:
60-03
Subject: Stormwater Pollution Prevention Plan (SWPPP) Review and
Inspection
Approval Date:
April 2021
Approval: John Spiker P.E., Stormwater Utility Division Manager Effective Date:
May 2021
1. PURPOSE
A stormwater Construction Site Inspection Program is a program developed for the purpose of
tracking, inspecting, and enforcing Federal, State and Local stormwater requirements within
construction sites. Inspections to monitor stormwater compliance should be performed at least
once per month at each active construction site. Each active project shall be inspected a
minimum of 3 times during the duration of the project. For projects with a history of non-
compliance a more frequent inspection cycle will be necessary. This Standard Operating
Procedure (SOP) describes the major components of the Town of Oro Valley construction site
Stormwater Pollution Prevention Plan (SWPPP) Inspection best practices, as well as procedures
for evaluating compliance and efficacy of stormwater control measures implemented within
and around construction sites.
2. DISTRIBUTION
Public Works Stormwater Utility field personnel.
3. PROCEDURE
This procedure will be used to guide stormwater field staff through all components of an
Arizona Department of Environmental Quality (ADEQ) mandated SWPPP inspection.
3.1 INVENTORY OF ACTIVE CONSTRUCTION SITES
For the purposes of inspection planning and data management, all active SWPPPs within the
Town of Oro Valley shall be created and maintained by the Stormwater Utility within
Cartegraph as SWPPP assets. This database functions as a tracking system and project
inventory. Links to project specific SWPPPs, NOIs, inspection records, and project contacts are
all stored within this inventory. The idea behind this database is to assist the inspector in
prioritizing the daily inspections based on parameters such as project size, slope, previous
inspection dates and compliance history.
3.2 SWPPP REVIEW CRITERIA
SWPPP plans that are submitted to the Town of Oro Valley for approval will have a review
process to guarantee that erosion and sediment control standards and post-construction
stormwater standards will be met. DRAFT
60-03 SWPPP-Inspection-SOP Page 2
Process
a. The Town of Oro Valley Stormwater Utility staff will review SWPPP plans.
b. A checklist (Appendix A) will be used to ensure accuracy, and efficacy of submitted SWPPPs.
c. The Town of Oro Valley will be responsible for enforcement of their stormwater rules.
3.3 CONDUCTING AN INSPECTION
The attached Construction Site Stormwater Inspection Report (Appendix B) shall be used by the
inspector during site visits. Construction site inspectors should abide by the following
guidelines:
1. Inspections to monitor stormwater compliance should be performed at least once per month
at each active construction site, with priority placed on sites that require coverage under the
ADEQ 2020 CGP (i.e., that disturb one or more acres), and sites that are located in the
watershed of any 303(d) water bodies (no 303(d) water bodies exist within Town of Oro Valley
limits).
2. The inspection shall begin at a low point and work uphill, observing all discharge points and
any off-site support activities.
3. Written and photographic records shall be maintained for each site visit.
4. During the inspection, the inspector should ask questions of the contractor. Understanding
the selection, implementation, and maintenance of BMPs is an important goal of the inspection
process, and requires site-specific input.
5. The inspector should not recommend or endorse solutions or products. The inspector may
offer appropriate advice, but all decisions must be made by the contractor.
6. The inspector shall always wear personal protective equipment appropriate for the site.
7. The inspector shall abide by the contractor’s site-specific safety requirements.
8. The inspector has legal authority to enter the site. However, if denied permission to enter
the site, the inspector should never force entry.
Prior to planning a site visit, an inspector shall determine if the project is subject to
requirements of the Arizona Department of Environmental Quality (ADEQ) 2020 Construction
General Permit.
Note for municipal inspectors: If a project disturbs one or more acres and is under
construction, and there is no project ADEQ NOI on file, or the project is not listed in the ADEQ
NOI database, the project is in violation of the 2020 CGP. Call the contractor to determine if the DRAFT
60-03 SWPPP-Inspection-SOP Page 3
NOI process has been started. If not, notify the contractor verbally of this requirement and the
violation. Work cannot proceed on the site until a Notice of Intent (NOI) for coverage under the
2020 Construction General Permit has been approved by ADEQ.
Once it has been determined that the site is in compliance with the 2020 Construction General
Permit, the site inspection process can continue. The Construction Site Inspection process shall
include the following:
1. Plan the inspection before visiting the construction site;
a. Obtain and review permits, site plans, previous inspection reports, and any other
applicable information.
b. Inform the contractor of the planned site visit. (depending on site compliance
history, this may or may not be an option)
c. This information and all records must be stores in the Cartegraph Operations
Management System (OMS)
2. Meet with the contractor.
a. Review the site SWPPP.
• Compare BMPs shown on the approved SWPPP with those BMPs currently
implemented on the construction site.
b. Review the project’s approved NOI and confirm that the information shown
continues to be accurate. (This is important because in some cases a new contractor
begins operating under a new NOI at the same site. We want to document and track
this type of occurrence).
c. Get a general overview of the project from the contractor.
d. Review site inspections done by the contractor.
e. Review the status of any issues or necessary corrective actions noted in previous
inspection reports.
f. Discuss any complaints or incidents since the last meeting.
3. Inspect perimeter controls.
a. Examine perimeter controls to determine if they are adequate, properly installed,
and properly maintained.
b. For each structural BMP, check structural integrity to determine if any portion of the
BMP needs to be replaced or requires maintenance.
4. Inspect slopes or temporary stockpiles.
a. Determine if sediment and erosion controls are effective.
b. Look for slumps, rills, and tracking of stockpiled materials around the site.
5. Compare BMPs in the site plan with the construction site conditions. DRAFT
60-03 SWPPP-Inspection-SOP Page 4
a. Determine whether BMPs are in place as specified in the site plan, and if BMPs have
been adequately installed and maintained.
b. Note any areas not shown on the approved SWPPP which may require the addition
of BMPs.
6. Inspect site entrances/exits.
a. Determine if there has been excessive tracking of sediment from the project site.
c. Look for evidence of additional entrances and exits which are not shown on the
approved SWPPP or site plans.
7. Inspect pollution prevention and good housekeeping practices.
a. Inspect trash areas and material storage/staging areas to ensure that materials are
properly maintained and that pollutant sources are not exposed to rainfall or runoff.
b. Inspect vehicle/equipment fueling and maintenance areas for the presence of spill
control measures and for evidence of leaks or spills.
8. Inspect discharge points and downstream, off-site areas.
a. Walk down the street and/or in other directions off-site to determine if erosion and
sedimentation control measures are effective in preventing off-site impacts.
b. Inspect down-slope catch basins to determine if they are protected, and identify
whether sediment buildup has occurred.
9. Meet with the contractor again prior to leaving.
a. Discuss the effectiveness of current SWPPP BMPs and whether modifications are
needed.
b. Discuss possible violations or concerns noted during the site inspection, including
discrepancies between approved site plans, the SWPPP, and/or currently
implemented stormwater controls.
c. Agree on a schedule for addressing all noted issues and schedule a follow-up
inspection.
10. Provide a written or e -mailed copy of the inspection report to the contractor.
11. Follow up, as determined, and provide a copy of the subsequent re-inspection to the
contractor.
DRAFT
60-03 SWPPP-Inspection-SOP Page 5
3.4 ENFORCEMENT PROCEDURES
Once The Stormwater Utility Inspector has identified a violation on site the following actions may
be taken:
1.Project Superintendent is alerted by Stormwater Utility Inspector and the violation is
documented into Cartegraph. If superintendent is able to correct violation, post
correction inspection is performed to verify.
2.Should superintendent not be able to rectify violation or fail to respond, the Stormwater
Utility issues a Notice of Opportunity to Correct to both the owner and project contacts.
If work is performed to correct, post correction inspection is performed to verify.
3.Failure to correct or respond to Notice of Opportunity to Correct, violation will be
escalated to Stormwater Utility Manager and Town Engineer. Notification to Arizona
Department of Environmental Quality will also be required by the Town. If work is
performed to correct, post correction inspection is performed to verify.
3.5 TRAINING AND EDUCATION
All Town of Oro Valley Stormwater Utility field staff will be certified as stormwater inspectors by
the National Stormwater Center. Refresher training will happen at a minimum of every two years.
APPROVAL
April 15, 2021
John Spiker P.E., Stormwater Utility Division Manager Date
AUTHORIZED
April 16, 2021
Aimee Ramsey, Assistant Director Date DRAFT
60-03 SWPPP-Inspection-SOP Page 6
APPENDIX A
SWPPP CHECKLIST
DRAFT
60-03 SWPPP-Inspection-SOP Page 7
DRAFT
60-03 SWPPP-Inspection-SOP Page 8
DRAFT
60-03 SWPPP-Inspection-SOP Page 9
DRAFT
60-03 SWPPP-Inspection-SOP Page 10
DRAFT
60-03 SWPPP-Inspection-SOP Page 11
DRAFT
60-03 SWPPP-Inspection-SOP Page 12
DRAFT
60-03 SWPPP-Inspection-SOP Page 13
APPENDIX B
STORMWATER INSPECTION REPORT FORM
DRAFT
60-03 SWPPP-Inspection-SOP Page 14
DRAFT
60-03 SWPPP-Inspection-SOP Page 15
DRAFT
Page 1 of 5
60-05 Post Construction Inspection Procedure
STANDARD OPERATING POLICY AND PROCEDURE
Public Works Department
Stormwater Utility Division
Number:
60-05
Subject: Post-Construction Site Inspection Procedure
Minimum Control Measure #5 (MCM)
Effective Date:
05/05/21
Approval: John Spiker P.E., Stormwater Utility Division Manager Revised Date:
05/05/21
1. PURPOSE
The purpose of the post-construction inspection procedure includes the following:
1. A reduction in the discharge of pollutants, to the maximum extent practicable, to the
municipal separate storm sewer systems (MS4) permit area by completed construction
projects. This is done through verification of the following:
1.1. Post construction site planning procedures are implemented and will reduce impacts to
stormwater quality.
1.2. Structural and non-structural control measures are implemented and all temporary best
management practices (BMPs) have been removed.
1.3. All post construction activities are operating in compliance with Town of Oro Valley code.
2. Post construction inspections are performed in accordance with the Arizona Department of
Environmental Quality (ADEQ) small MS4 permit AZG2016-002 requirements found in section
6.4.5.
2. DISTRIBUTION
2.1. Public Works Stormwater Utility field personnel.
3. REVISIONS
NA
4. PROCEDURE
The ADEQ 2016 Small MS4 permit requires all completed construction sites be inspected and assessed
for effective post-construction stormwater control. All finished construction sites shall be inspected
no later than one year after cessation of construction activities. The procedures for data processing,
field inspections, follow-up documentation and enforcement actions are outlined with the ultimate
goal of bringing land management activities in compliance with Town of Oro Valley ordinances, and
policies.
4.1. Update the Town of Oro Valley construction site inventory.
For the purposes of inspection planning and data management, a Cartegraph SWPPP Asset of all
construction projects within the Town of Oro Valley is utilized for compliance with MCM #5. The
construction sites known to have filed for a Notice of Termination (NOT) with ADEQ or sites
observed to have completed construction activities will be logged as Post Construction in the DRAFT
Page 2 of 5
60-05 Post Construction Inspection Procedure
current site status box within Cartegraph. The date of the NOT or the date of the last inspection will
serve as the beginning of the Town of Oro Valley post-construction inspection period.
4.2. Town of Oro Valley Post-Construction inspection procedure.
Post-construction inspections document how well the applicable stabilization measures have been
implemented. The inspection also includes verification that the temporary construction phase
BMPs have been removed. The following criteria ensure Town of Oro Valley regulatory inspection
compliance and that conveyance systems and pertinent structures are adequate to transport
stormwater peak flow rates and minimize erosion at outlets.
4.2.1. Prepare inspection reports (IR) and maps for the inspection. See Appendix A
4.2.2. Present credentials (name, title and qualifications) to the property owner prior to
entering the property.
4.2.3. Perform a site inspection looking for maintenance of flow structures, signs of erosion,
and presence of temporary BMPs not removed by construction contractor.
4.2.4. Log the results in the Post-construction Site Inspection Report and the compliance
status (in compliance or out of compliance).
4.2.5. Send a copy of the inspection report to the property owner by mail, or e-mail if
available.
4.2.5.1. Letter of Compliance (LOC)
A Letter Of Compliance will be issued to the property owner if the project site
has complied with the terms of the permit and found to be sufficiently
stabilized.
4.2.5.2. Notice of Opportunity to Correct (NOC)
A Notice of Opportunity To Correct will be issued to the property owner
identifying a potential violation with a requirement to respond to the Town
with solutions to rectify the issue within 7 days from issuance of letter. Notify
Stormwater Utility Division Manager.
4.2.5.3. Notice of Violation (NOV)
A Notice of Violation will be issued by the Stormwater Utility Division Manager
for projects that present an impact to Public health, safety or welfare or have
been found to be non-responsive to the Notice of Opportunity To Correct.
4.3. Town of Oro Valley Post-Construction Enforcement Response Procedures
4.3.1. If the property is out of compliance, notify the property owner the site is out of
compliance with Town of Oro Valley code by sending the IR with a Notice of Violation
(NOV).
4.3.2. Notify the Stormwater Utility Division Manager
4.3.3. Track response from property owner and contact within specified time frames.
4.3.4. Inspect site after owner has identified the site is in compliance. Evaluate if the site is in
compliance and the case can be closed or if additional actions are required. DRAFT
Page 3 of 5
60-05 Post Construction Inspection Procedure
4.3.5. Close out the NOV or proceed to escalated enforcement.
APPROVAL
May 5, 2021
John Spiker P.E., Stormwater Utility Division Manager Date
AUTHORIZED
May 5, 2021
Aimee Ramsey, Assistant Director Date DRAFT
60-05 Post Construction Inspection Procedure
Appendix A
Post Construction Site Inspection Form
DRAFT
60-05 Post Construction Inspection Procedure
DRAFT
60-05 Post Construction Inspection Procedure
DRAFT
Section 1. Introduction
1.1 Background
The Town of Oro Valley operates its storm drainage system under the authorization of the
Arizona Pollution Discharge Elimination System (AZPDES) General Permit for Storm Water
Discharges Associated with Small Municipal Separate Storm Sewer Systems (MS4s), hereafter
referred to as the MS4 General Permit. The current MS4 General Permit, issued by the Arizona
Department of Environmental Quality (ADEQ) is effective from September 30, 2021 through
September 29, 2026.
In accordance with Section 7.2 of the MS4 General Permit, The Town is required to sample
stormwater discharges from the MS4 to protected surface waters at the outfalls identified by the
Town in Part 7.2(4) of the permit. The Town is required to sample stormwater discharges from
the MS4, as required in Appendix B, one (1) time within the first two (2) years of the effective
date of the permit. This monitoring requirement is intended to provide discharge characterization
data of stormwater discharges from the MS4 to State of Arizona listed protected surface waters.
1.2 Purpose
This plan was created to better understand/Estimate pollutant loading into state listed protected
surface waters from Town of Oro Valley outfalls. This sampling and analysis plan will describe
the Town’s wet weather stormwater characterization monitoring program for the 2021 through
2026 permit term.
Section 2. Town of Oro Valley Receiving Water Bodies
2.1 Receiving Water Body Overview
Two State of Arizona protected surface waters exist within the Town of Oro Valley, (none of
which are impaired or outstanding surface waters). These surface waters are The Canada Del Oro
Wash (State Highway 77 to Town Limits) and Big Wash (Town Limits to Canada Del Oro
Wash). Town of Oro Valley municipal outfalls and associated receiving waterbodies are
identified in Table 2-1. Figure 2-1. provides a map of the Town’s outfalls and associated
receiving waterbodies.
Table 2-1 Town of Oro Valley Municipal Outfall Locations.
Monitored Outfall
Number
Receiving Water Status
(Outstanding/Impaired)
Outfall Name &
Location
MO-1 Canada Del Oro
Wash
No Oro Valley
Marketplace at CDO
(32.413681
-110.938654)
MO-2 Canada Del Oro
Wash
No Villages Of La Canada
at CDO (32.388240
-110.992683)DRAFT
MO-3 Canada Del Oro
Wash
No Steampump Ranch at
Foothills Wash
(32.404034
-110.953742)
MO-4 Canada Del Oro
Wash
No Canyon Shadows at
CDO (32.382664
-111.003724)
MO-5 Canada Del Oro
Wash
No Rooney Wash
Shopping Center at
Rooney Wash
(32.396773
-110.965366)
MO-6 Canada Del Oro
Wash
No CDO at Riverfront Park
(32.396978
-110.974760)
MO-7 Canada Del Oro
Wash
No CDO at SADDLE VALLEY
II (1-54) (32.384537
-110.991572)
MO-8 Canada Del Oro
Wash
No CDO at Rooney Wash
(32.396880
-110.965965)
MO-9 Canada Del Oro
Wash
No CDO at RIVERS EDGE
(103-120) (32.399202
-110.967858)
Of the 23 identified outfalls within the Town of Oro Valley all sampling sites (9 municipal
outfalls) are located along the Canada Del Oro Wash. Of the remaining 14 outfalls, 11 are
located on private property with 9 along Big Wash near the Oro Valley Marketplace and 2 along
the CDO. 3 other outfalls exist along the CDO and fall under Pima County jurisdiction.
According to the 2021 MS4 General Permit “the identified outfalls for this one-time
characterization monitoring must be reported in a discharge monitoring report (DMR), including
the identification of the land use for the area served by the outfall from the following three uses:
residential, commercial, industrial. The permittee’s selected outfalls must be representative MS4
dischargers and discharge to a protected surface water”. The Town of Oro Valley has no
industrial sites discharging into or near a State listed protected surface water. The monitoring
locations will be representative of the general land uses within the Town and will be a mixture of
5 residential and 4 commercial outfalls along the Canada Del Oro watercourse. For a map of the
9 outfalls being monitored through this plan, see figure 2-1 below.
DRAFT
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN,
and the GIS User Community, Pima County
Figure 2-1 Town of Oro Valley Municipal Outfalls
Legend
Town of Oro Valley Municipal Outfalls
Outfall Name & Location
CDO at RIVERS EDGE (103-120) (32.399202 -110.967858)
CDO at Riverfront Park (32.396978 -110.974760)
CDO at Rooney Wash (32.396880 -110.965965)
CDO at SADDLE VALLEY II (1-54) (32.384537 -110.991572)
Canyon Shadows At CDO (32.382664 -111.003724)
Oro Valley Marketplace At CDO (32.413681 -110.938654)
Rooney Wash Shopping Center At Rooney Wash (32.396773 -110.965366)
Steampump Ranch At Foothills Wash (32.404034 -110.953742)
Villages Of La Canada At CDO (32.388240 -110.992683)
Canada Del Oro & Big Wash
Oro Valley Town Limits
¯Miles00.5 1DRAFT
Section 3. Stormwater Characterization Monitoring Constituents and Personnel
3.1 Analytical Constituents
Stormwater runoff from urbanized areas may contain high concentrations of toxic metals,
hydrocarbons, pesticides, bacteria, nutrients and sediments. It is essential that sample analyses
meet specific criteria. These analytic objectives for the Town of Oro Valley samples are shown
in Appendix A of this document, which outlines the sampling parameters, units of measure for
each parameter, the monitoring frequency, and the monitoring type to be used for this plan.
3.2 The Sampling Team
The Sampling Team refers to all Stormwater Utility personnel who may be involved in the
characterization monitoring program. See Table 3-1 for a list of Town of Oro Valley personnel
involved in this sampling and analysis plan.
Table 3-1 Responsible Personnel
Name Title Contact
John Spiker Stormwater Utility Division
Manager
520-229-5044
Scott Bennett Stormwater Utility Analyst 520-229-4879
Jane Hutchins Stormwater Utility Inspector 520-229-4883
John Lynch Stormwater Utility Project
Manager
520-229-4881
Dennis Roberts Stormwater Utility Senior
Engineer
520-229-4818
3.3 Sampling Method
For storm water discharges associated with this sampling and analysis plan, the Town of Oro
Valley will to the maximum extent practicable, sample during the first 30 minutes of a discharge
associated with each rain event. Manual grab samples have been chosen as the sampling method
for this program. This technique has been found to be most suitable for every constituent on the
list of pollutants to be monitored in the AZG2021-002 MS4 General Permit. Manual grab
samples will be taken at each site per the sampling protocols described in the NPDES Storm
Water Sampling Guidance Document (U.S. Environmental Protection Agency, July 1992).
According to this document, “a grab sample is a discrete, individual sample taken within a short
period of time (usually less than 15 minutes). Analysis of grab samples characterizes the quality
of a storm water discharge at the given time of the discharge.” Samples will be collected in
clean, labeled bottles provided by the contracted laboratory. If necessary, an extension pole, rope
or other apparatus will be used to aid the sampling crew in safe sample collection.
Section 4. Analysis
4.1 Analytical Methods and Related Method Detection Limits
To be filled in by the contracted lab….
DRAFT
Appendix A: Stormwater Characterization Monitoring Constituents
Parameter Units Monitoring Frequency Monitoring
Type
Metals I
Antimony µg /L 1x during first 24 months of permit term Discrete
Barium µg/L 1 x during first 24 months of permit term Discrete
Beryllium µg/L 1x during first 24 months of permit term Discrete
Cadmium µg/L 1x during first 24 months of permit term Discrete
Nickel µg/L 1x during first 24 months of permit term Discrete
Mercury µg/L 1 x during first 24 months of permit term Discrete
Silver µg/L 1 x during first 24 months of permit term Discrete
Thallium µg/L 1x during first 24 months of permit term Discrete
lnorganics
Cyanide µg/L 1 x during first 24 months of permit term Discrete
Volatile Organic Compounds (VOCs)
Acrolein µg/L 1x during first 24 months of permit term Discrete
Acrylonitrile µg/L 1x during first 24 months of permit term Discrete
Benzene µg/L 1 x during first 24 months of permit term Discrete
Carbon tetrachloride µg/L 1x during first 24 months of permit term Discrete
Chlorobenzene µg/L 1x during first 24 months of permit term Discrete DRAFT
Parameter
Dibromochloromethane
Chloroethane
2-chloroethylvinyl ether
Chloroform
Bromodichloromethane
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
1, 1-dichloroethane
1,2-dichloroethane
1,3-dichloropropylene
Ethyl benzene
Bromomethane
Chloromethane
Methylene chloride
1,1,2,2-
tetrachloroethane
T etrachloroethylene
Toluene
1,2-trans-
dichloroethylene
1, 1, 1-trichloroethane
Units Monitoring Frequency
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L' 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
Monitoring
Type
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete DRAFT
Parameter
1, 1,2-trichloroethane
Trichloroethylene
Vinyl chloride
Xylene
'•
2-chlorophenol
2,4-dichlorophenol
2,4-dimethylphenol
4, 6-di n itro-o-cresol
2,4-dinitrophenol
2-nitrophenol
4-nitrophenol
p-chloro-m-cresol
Pentachlorophenol
Phenol
2, 4 ,6-trichlo rophenol
Acenaphthene
Acenaphthylene
Anthracene
Benz(a)anthracene
Units Monitoring Frequency
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
Semi-VOCs -Acid Extractable
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
Semi-VOCs -Base/Neutrals
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
Monitoring
Type
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete DRAFT
Parameter
Benzo(a)pyrene
Benzo(b )fluoranthene
Benzo(g, h, i) perylene
Benzo(k)fluoranthene
Chrysene
Dibenzo( a, h )anthracene
3,3'-dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
Di-n-butyl phthalate
2,4-dinitrotoluene
2, 6-di n itrotoluene
Di-n-octyl phthalate
1,2-diphenylhydrazine
(as azobenzene)
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutad iene
Hexachlorocyclopentadi
ene
Hexachloroethane
I
Units Monitoring Frequency
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
Monitoring
Type
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete DRAFT
Parameter
lndeno(1,2,3-cd)pyrene
lsophorone
Naphthalene
Nitrobenzene
N-nitrosodimethylamine
N-nitrosodi-n-
propylamine
N-nitrosod iphenylam ine
Phenanthrene
Pyrene
1,2,4-trichlorobenzene
Aldrin
Alpha-BHC
Beta-BHC
Gamma-BHC
Delta-BHC
Chlordane
4,4'-DDT
4,4'-DDE
4,4'-DDD
Units Monitoring Frequency
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
PCB / Pesticides
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1 x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
µg/L 1x during first 24 months of permit term
Monitoring
Type
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete DRAFT
,, I',
Parameter Units
Dieldrin µg/L
Alpha-endosulfan µg/L
Beta-endosulfan µg/L
Endosulfan sulfate µg/L
Endrin µg/L
Endrin aldehyde µg/L
Heptachlor µg/L
Heptachlor epoxide µg/L
PCB-1242 µg/L
PCB-1254 µg/L
PCB-1221 µg/L
PCB-1232 µg/L
PCB-1248 µg/L
PCB-1260 µg/L
PCB-1016 µg/L
Toxaphene µg/L
-
Monitoring Frequency
1x during first 24 months of permit term
1x during first 24 months of permit term
1x during first 24 months of permit term
1 x during first 24 months of permit term
1 x during first 24 months of permit term
1 x during first 24 months of permit term
1x during first 24 months of permit term
1 x during first 24 months of permit term
1x during first 24 months of permit term
1x during first 24 months of permit term
1x during first 24 months of permit term
1 x during first 24 months of permit term
1 x during first 24 months of permit term
1x during first 24 months of permit term
1x during first 24 months of permit term
1x during first 24 months of permit term
Monitoring
Type
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Discrete
Notes:
1.The permittee shall include any additional parameters in stormwater sampling as
specified by Part 5.0 Water Quality Standards of this permit.
2.The permittee shall collect discrete samples and shall attempt to include the "first
flush" (first 30 minutes of stormwater discharge) of a qualifying storm event
whenever possible to do so. Auto Sampling equipment may be used, if available.
3.When analyzing for metals, the permittee shall assume a 1 :1 total dissolved ratioDRAFT
AZG2020-001 CGP
State of Arizona
Department of Environmental Quality
Water Quality Division
Phoenix, Arizona 85007
Arizona Pollutant Discharge Elimination System
General Permit for Stormwater Discharges Associated with Construction Activity
to Protected Surface Waters
This permit provides authorization to discharge under the Arizona Pollutant Discharge Elimination
System (AZPDES) program, in compliance with the provisions of the Arizona Revis ed Statutes,
Title 49, Chapter 2, Article 3.1; the Arizona Administrative Code (A.A.C.), Title 18, Chapter 9, Article
9, and Chapter 11, Article 1; and the Clean Water Act as amended (33 U.S.C. 1251 et seq.).
This general permit specifically authorizes stormwater discharges of pollutants associated with
construction activity to Protected Surface Waters in Arizona, pursuant to federal conditions in 40
CFR § 122.26(b)(14)(x) and 40 CFR § 122.26(b)(15) (WOTUS) and A.R.S. Title 49 Chapter 2,
Article 3.1 et seq. (non-WOTUS). State requirements for discharges to non-WOTUS protected
surface waters are adopted pursuant to A.R.S. § 49-255.04 and are enforceable solely by the
Arizona Department of Environmental Quality (ADEQ). All discharges authorized by this general
permit shall be consistent with the terms and conditions of this general permit. Permit coverage is
required from the “commencement of construction activities” until “final stabilization” as these terms
are defined in this permit.
This general permit is effective on July 1, 2020.
This general permit modification is effective on September 29, 2021.
This general permit and the authorization to discharge expire at midnight June 30, 2025.
Signed on: ____________
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
_______________________________________________
Trevor Baggiore, Director
Water Quality Division
Trevor Baggiore (Sep 29, 2021 15:13 PDT)
Sep 29, 2021
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AZG2020-001 CGP
CONTENTS
1.0 COVERAGE UNDER THIS GENERAL PERMIT .............................................................................. 1
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 W AIVERS FOR SMALL CONSTRUCTION ACTIVITIES. 4
2.0 AUTHORIZATION UNDER THIS GENERAL PERMIT ..................................................................... 6
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 ST ANDARDS APPLICABLE TO ALL
DISCHARGES FROM CONSTRUCTION SITES............................................................................ 12
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 ................................................................................................................................. 26
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. ............................................................................................................... 30
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 .......................... 32
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. 39
6.8 PROCEDURES FOR INSPECTION, MAINTENANCE, AND CORRECTIVE ACTION. 40
7.0 STORMWATER MONITORING ....................................................................................................... 41
7.1 MONITORING PROGRAM. 41
7.2 SAMPLING AND ANALYSIS PLAN (SAP). 41
7.3 ANALYTICAL MONITORING REQUIREMENTS. 41
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8.0 RECORDKEEPING ............................................................................................................................ 44
8.1 RECORDS. 44
APPENDIX A. ............................................................................................................................................. 45
DEFINITIONS 45
ACRONYMS 52
APPENDIX B. STANDARD PERMIT CONDITIONS.................................................................................. 53
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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 sites with
stormwater discharges associated with industrial activities on any Indian Country lands in Arizona.
Authorization for discharges in Indian Country must be obtained through US EPA Region IX or
other appropriate authority.
1.2 Eligibility.
This general permit authorizes the discharge of stormwater from construction activity to all waters
on the protected surface water list, including discharges to waters of the U.S. (WOTUS) and non -
WOTUS protected surface waters. The requirements applicable to discharges to non-WOTUS
protected surface waters are adopted pursuant to state law and are enforceable solely by ADEQ.
This general permit authorizes stormwater discharges to protected 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 th at 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);
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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 pollutant s
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 suppl y
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;
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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.
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 ADEQ.
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.
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 appro priate 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.
6. New or expanded point-source discharges directly to a WOTUS that is classified as an
Outstanding Arizona Water (OAW) under A.A.C. R18-11-112.
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 protected surface water that is
a WOTUS and is listed as impaired or not-attaining:
a. The operator must submit a copy of the SWPPP and associated review fee with the
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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 protected 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 pro visions of the TMDL.
4. Outstanding Arizona W aters (OAW).
The following conditions and requirements apply if one or more outfalls from construction
sites discharge within 1/4 mile upstream of a protected 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; and
b. The SWPPP must include a Sampling and Analysis plan (SAP) 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 activit y that is eligible for an Erosivity Waiver shall provide
the following information:
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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 protected 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 protected surface water(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.
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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.
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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 protected surface water;
g. The latitude and longitude (in decimal degree format to 6 decimal places) of outfalls
that may discharge stormwater to a protected 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 protected surface water, which may include an unnamed wash, or
canal;
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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 authoriza tion
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 W aters. 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.
Note: this condition does not apply for discharges to non-WOTUS protected surface
waters.
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 protected 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 a NOT within the first 60 calendar days from
the effective date of this permit, if construction is finished and final stabilizat ion
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
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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 i s
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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 pr ior
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 ADEQ to terminate permit coverage by subm itting 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 significa nt
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,
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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 enforcem ent actions for violations
of this permit.
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3.0 EFFLUENT LIMITATIONS AND WATER QUALITY STANDARDS APPLICABLE TO
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 covera ge under this permit. These
requirements apply the national effluent limitations guidelines and new source performance
standards found at 40 CFR Part 450. An operator discharging to a WOTUS shall comply with the
control measures requirements included in Part 3 through site planning and designing, installing,
and maintaining these controls.
An operator discharging to non-WOTUS protected surface waters shall choose to implement either
non-numeric best management practices (BMP) in Section 3 to presumptively meet SWQS or
conduct routine analytical monitoring per Section 7.0 to demonstrate that discharges do not exceed
SWQS. Numeric effluent limitation guidelines do not apply. Permittees discharging to non -WOTUS
protected surface waters are subject to state requirements only per A.R.S. 49-255.04(C),
enforceable solely by ADEQ.
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 thro ugh 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
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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 eros ion 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.
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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 protected 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 o perator 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
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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 condit ions) 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 protected 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 protected 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 tempo rary
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 stormwa ter flow to a protected
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.
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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
protected 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 protected 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 protected 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
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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 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 sha ll 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 t he
intended function of a specific area of the site dictates that the topsoil be disturbed or
removed.
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3.4 Site Stabilization Requirements, Schedules and Deadlines.
The operator shall comply with the stabilization requirements in this Part to minimize the discharge
of pollutants. If revegetation plans include seeding, the SWPPP shall include seed mix and
application specifications that will be used for vegetative stabilization. If the operator uses fertilizers
or tackifiers on-site to establish vegetation, additional control measures shall be implemented to
minimize the presence of these chemicals in the discharge.
1. Temporary Stabilization.
The operator must provide temporary stabilization, or initiate permanent stabilization, of
disturbed areas within 14 calendar days of the most recent land disturbance in areas
where construction or support activities have been temporarily suspended or have
permanently ceased, except as follows:
a. Where stabilization by the 14th day is precluded by snow cover or frozen ground
conditions, stabilization measures shall be initiated as soon as practicable;
b. When the site is using vegetative stabilization and is located in an area of the state
experiencing drought conditions (see Appendix A), vegetative stabilizatio n measures
shall be initiated as soon as practicable, when growing conditions are best for
planting or seeding;
c. Stabilization shall be initiated within 7 calendar days, for areas within 50 feet of an
impaired or not-attaining water or OAW.
d. Where areas of construction activity are awaiting vegetative stabilization for periods
greater than 14 calendar days after the most recent activity, non-vegetative methods
of stabilization shall be employed. These methods shall be described in the
SWPPP.
The operator is not expected to apply temporary or permanent stabilization measures to
areas that are intended to remain unvegetated or unstabilized following construction (e.g.,
dirt access roads, utility pole pads, areas being used for storage of vehicles, equipment, or
materials).
2. Final Stabilization.
Final stabilization means that one of the following conditions (a, b, or c) is met:
a. All soil disturbing activities at the site have been completed; all construction
materials, waste, and temporary erosion and sediment control measures (including
any sediment that was being retained by the temporary erosion and sediment control
measures) have been removed and properly disposed; and either i. and/or ii. below
is met:
i. A uniform (i.e., evenly distributed, without large bare areas) vegetative cover
with a density of 70% of the native background vegetative cover for the area
is in place on all unpaved areas and areas not covered by permanent
structures.
When preconstruction native background vegetation covered less than 100%
of the ground (e.g., arid areas, beaches), the 70% coverage criteria is adjusted
as follows: if the native vegetation covered 50% of the ground, 70% of 50%
(.70 X .50 = .35) or 35% cover density would be required; or
ii. Equivalent permanent stabilization measures (such as the use of riprap,
gabions, gravel, or geotextiles) have been employed.
b. For individual lots in residential construction, final stabilization means that the
homebuilder:
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i. Has completed final stabilization as specified in Part 3.4(2)(a) above; or
ii. Has established temporary stabilization, including perimeter controls, for an
individual lot prior to occupation of the home by the homeowner and has
informed the homeowner of the need for, and benefits of, final stabili zation;
and
iii. A NOT may be submitted in myDEQ.
c. For construction activities on land used for agricultural purposes (e.g., pipelines
across crop or range land), final stabilization may be accomplished by returning the
disturbed land to its preconstruction agricultural use. Areas disturbed that were not
previously used for agricultural activities, such as buffer strips immediately adjacent
to protected surface waters, and areas that are not being returned to their
preconstruction agricultural use shall meet the final stabilization criteria above. Upon
final stabilization, a NOT may be submitted in myDEQ.
Any non-vegetative stabilization methods (e.g., decomposed granite, geotextiles, or
degradable mulch) must achieve the same requirements for final stabilization as specified
in Part 3.4(2)(a).
3. Site Stabilization Alternatives.
An operator with an eligible site may choose one of the following alternatives instead of
implementing the stabilization requirements in Parts 3.4(1) and 3.4(2). Documentation of
eligibility of one of the alternative stabilization activities must be included in the SWPPP
and identified on the NOT in myDEQ.
a. Sites with additional retention capacity (see A.R.S. § 49 – 255.01(L)). Stabilization
deadline requirements in this permit do not apply to sites with retention capacity
that meets or exceeds the 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, and that meet the following conditions:
i. There are no outfalls that discharge to a perennial or intermittent water body;
ii. All stormwater generated by disturbed areas of the site, exclusive of public
rights-of-way, is directed to one or more retention basins;
iii. The operator complies with pollution prevention measures;
iv. The operator maintains capacity of retention basin(s); and
v. The operator determines temporary and final stabilization requirements for the
site to reduce or minimize the discharge of sediment and other pollutants to
meet the requirements of Parts 3.4(1) and 3.4(2).
b. Sites returned to pre-construction discharge conditions. Construction operators
may qualify for this alternative by demonstrating that stormwater discharges from
the site’s pre- and post-construction activities are equal or less than in volume and
pollutant load from disturbed areas as calculated by an Arizona registered
professional engineer, geologist or landscape architect (A.R.S. § 32-144) or
equivalent; and where the site does not have outfalls that will discharge to an
impaired or not-attaining water or OAW.
c. Arid, semi-arid, and drought-stricken areas: Final stabilization is met if the area
has been seeded or planted to establish vegetation that provides 70 percent
or more of the cover that is provided by vegetation native to local undisturbed
areas within three (3) years and, to the extent necessary to prevent erosion
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on the seeded or planted area, non-vegetative erosion controls have been applied
that provide cover for at least three years without active maintenance.
3.5 Pollution Prevention Requirements.
1. The operator shall design, install, and maintain effective pollution prevention measures to
prevent or minimize the discharge of pollutants from spilled or leaked materials from
construction activities. To meet this requirement, the operator shall:
a. Eliminate certain pollutant discharges from the site (see Part 1.4, Prohibited
Discharges);
b. Properly maintain all pollution prevention controls (see Part 3.2, General
Maintenance Requirements); and
c. Comply with pollution prevention control measures for pollutant-generating
activities that occur at the site as outlined in this Part.
The operator shall comply with the pollution prevention standards in this Part if any of the
following activities are conducted at the site or at any construction support activity areas
covered by this permit (see Part 1.3(1)(c)).
2. Minimize the Discharge of Pollutants – from equipment and vehicle washing, wheel wash
water, and other wash waters.
a. Concrete Washout. To comply with the prohibition in Part 1.4(1) for discharges of
wastewater from washout of concrete:
i. Where possible, concrete suppliers should conduct washout activities at their
own plants or dispatch facilities.
ii. If conducted at the construction site, the operator shall employ control
measures to contain and manage on-site concrete washout to prevent
discharge (see Part 6.3(8)).
iii. Specify locations of concrete washout activities that will occur at the
construction site.
b. Washing of equipment and vehicles. Any operator that washes equipment or
vehicles on-site shall implement the following control measures:
i. Provide an effective means of minimizing the discharge of pollutants from
equipment and vehicle washing, wheel wash water, and other types of
washing; and
ii. To comply with the prohibition in Part 1.4(4), for storage of soaps, detergents,
or solvents, the operator shall provide either cover (e.g., plastic sheeting or
temporary roofs) to prevent these detergents from coming into contact with
rainwater, or implement a similarly effective means designed to prevent the
discharge of pollutants from these areas.
c. Washing of Applicators and Containers used for Paint or Other Materials . To
comply with the prohibition in Part 1.4(2), th e operator shall provide an effective
means of eliminating the discharge of water from the washout and cleanout of
stucco, paint, form release oils, curing compounds, and other construction
materials. To comply with this requirement, the operator shall:
i. Direct all wash water into a leak-proof container or leak-proof pit. The container
or pit must be designed so that no overflows can occur due to inadequate
sizing or precipitation;
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ii. Locate any washout or cleanout activities as far away as possible from
protected surface waters and stormwater inlets or conveyances, and, to the
extent practicable, designate areas to be used for these activities and conduct
such activities only in these areas; and
iii. Handle washout or cleanout wastes as follows:
a. Do not dump liquid wastes in storm sewers;
b. Dispose of liquid wastes in accordance with applicable requirements in
Part 3.5(5);
d. Fueling and Maintenance of Equipment or Vehicles. Any operator that conducts
fueling and/or maintenance of equipment or vehicles at the site shall provide an
effective means of eliminating the discharge of spilled or leaked chemicals,
including fuel, from the area where these activities will take place. To comply with
the prohibition in Part 1.4(3), operators shall:
i. If applicable, comply with the Spill Prevention Control and Countermeasures
(SPCC) requirements in 40 CFR 112 and Section 311 of the CWA;
ii. Ensure adequate supplies are available at all times to handle spills , leaks,
and disposal of used liquids;
iii. Use drip pans and absorbents under or around leaky vehicles;
iv. Dispose of or recycle oil and oily wastes in accordance with other federal,
state, tribal, or local requirements;
v. Clean up spills or contam inated surfaces immediately, using dry clean up
measures where possible, and eliminate the source of the spill to prevent a
discharge or a furtherance of an ongoing discharge; and
vi. Do not clean surfaces by hosing the area down.
3. Construction Site Egress. The operator shall implement effective control measures to
minimize tracking of sediments, debris and other pollutants from vehicles and equipment
leaving the site (e.g., stone pads, concrete or steel wash racks, or equivalent systems).
Fine grains that remain visible (i.e., staining) on the surfaces of off-site streets, other
paved areas, and sidewalks after you have implemented sediment removal practices
are not a violation of this part.
If site conditions make it infeasible to install structural controls to prevent track -out (e.g., a
linear operator conducting construction activities within a paved right -of-way or
immediately adjacent and parallel to a paved right-of-way), the operator shall explain in
the SWPPP why such controls cannot be installed; what alternative measures will be
used to prevent sediment from being tracked-out or accumulated on paved areas; and
what procedures will be used to ensure track -out is discovered and removed as soon as
practicable.
The reasons for any departure from the use of standard ingress/ egress control measures
to control track-out shall be documented in the SWPPP:
a. Explain why structural control measures cannot be installed;
b. Describe what alternative measures will be used to prevent sediment from being
tracked-out or accumulated on paved areas; and
c. Describe what procedures will be used to ensure track -out is discovered and
removed as soon as practicable.
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4. The operator shall minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides,
detergents, sanitary waste and other materials present on the site to precipitation and to
stormwater. These requirements do not apply to those products, materials, or wastes that
are not a source of stormwater contamination or that are designed to be exposed to
stormwater.
a. Pollution Prevention Measures. The operator shall implement pollution prevention
procedures to prevent litter, construction debris, and construction chemicals
exposed to stormwater from becoming a pollutant source for stormwater discharges.
These procedures shall include storage practices to minimize exposure of the
materials to stormwater, and spill prevention and response practices.
b. Storage, Handling, and Disposal of Construction Products, Materials, and Wastes .
The operator shall minimize the exposure to stormwater of any of the products,
materials, or wastes specified below that are present at the site by complying with
the requirements in this Part.
c. The operator shall consider and implement the following control measures, as
appropriate:
i. For building products: In storage areas, provide either cover (e.g., plastic
sheeting or temporary roofs) to prevent these products from coming into
contact with rainwater, or implement a similarly effective means designed to
prevent the discharge of pollutants from these areas.
ii. For pesticides, herbicides, insecticides, fertilizers, and landscape materials:
a. In storage areas, provide either cover (e.g., plastic sheeting or
temporary roofs) to prevent these chemicals from coming into contact
with rainwater, or implement a similarly effective means designed to
prevent the discharge of pollutants from these areas; and
b. Comply with all application and disposal requirements included on the
registered pesticide, herbicide, insecticide, and fertilizer label.
iii. For diesel fuel, oil, hydraulic fluids, other petroleum products, and other
chemicals:
a. To comply with the prohibition in Part 1.4(3), store chemicals in water -
tight containers, and provide either cover (e.g., plastic sheeting or
temporary roofs) to prevent these containers from coming into contact
with rainwater, or implement a similarly effective means designed to
prevent the discharge of pollutants from these areas (e.g., spill kits), or
provide secondary containment (e.g., spill berms, decks, spill
containment pallets); and
b. Clean up spills immediately, using dry clean-up methods where
possible, and dispose of used materials properly. Do not clean surfaces
or spills by hosing the area down. Eliminate the source of the spill to
prevent a discharge or a continuation of an ongoing discharge.
iv. For hazardous or toxic waste:
a. Separate hazardous or toxic waste from construction and domestic
waste;
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b. Store in sealed containers, which are constructed of suitable
materials to prevent leakage and corrosion, and which are labeled in
accordance with applicable Resource Conservation and Recovery
Act (RCRA) requirements and all other applicable federal, state,
tribal, or local requirements;
c. Store all containers that will be stored outside within appropriately-
sized secondary containment (e.g., spill berms, decks, spill
containment pallets) to prevent spills from being discharged, or
provide a similarly effective means designed to prevent the
discharge of pollutants from these areas (e.g., storing chemicals in
covered area or having a spill kit available on-site);
d. Dispose of hazardous or toxic waste in accordance with the
manufacturer’s recommended method of disposal and in compliance
with federal, state, tribal, and local requirements; and
e. Clean up spills immediately, using dry clean-up methods where
possible, and dispose of used materials properly. Do not clean
surfaces or spills by hosing the area down. Eliminate the source of the
spill to prevent a discharge or a furtherance of an ongoing discharge.
v. For construction and domestic waste: Provide waste containers (e.g.,
dumpster or trash receptacle with covers/ lids) of sufficient size and number to
contain construction and domestic wastes. In addition:
a. On work days, clean up and dispose of waste in designated waste
containers; and
b. Clean up immediately if containers overflow.
vi. For sanitary waste: Position portable toilets outside of washes or other
protected surface waters, or stormwater conveyances, such as curb and gutter
systems, or streets. Ensure that they are secured and will not be tipped over
using stakes or tie downs or other similar control measures.
5. Spill Prevention and Response Procedures. Operators are prohibited from discharging
toxic or hazardous substances from a spill or other release, con sistent with Part 1.4. The
operator shall minimize the potential for leaks, spills and other releases that may be
exposed to stormwater and develop plans for timely and effective clean-up of spills if or
when they occur by implementing measures such as:
a. Procedures for plainly labeling containers (e.g., “Used Oil,” “Spent Solvents,”
“Fertilizers and Pesticides,” etc.) that could be susceptible to spillage or leakage to
encourage proper handling and facilitate rapid response if spills or leaks occur;
b. Preventative measures such as barriers between material storage and traffic areas,
secondary containment provisions, and procedures for material storage and
handling;
c. Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and
other releases. Employees who may cause or detect a spill or leak should be
knowledgeable in the proper reporting procedures established by their facility.
Employees who are responsible for spill response and/or cleanup, must be properly
trained and have necessary spill response equipment available; and
d. Procedures for notification of appropriate facility personnel and emergency
response. Where a leak, spill, or other release occurs that contains a hazardous
substance or oil in an amount equal to or in excess of a reportable quantity
established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302,
the operator shall immediately notify ADEQ Emergency Response Duty Office at
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(602) 771-2330, or toll free at (800) 234-5677. Contact information must be in
locations that are readily accessible and available. Within 7 calendar days of
knowledge of the release, operators shall provide a description in the SWPPP of:
the release; the circumstances leading to the release; and the date of the release.
Local requirements may necessitate additional reporting of spills or discharges to
local emergency response, public health, or drinking water supply agencies.
6. Fertilizer Discharge Restrictions.
Operators are required to minimize discharges of fertilizers containing nitrogen or
phosphorus by applying these products consistent with manufacturer’s specifications.
3.6 Controls for Allowable Non-Stormwater Discharges and Dewatering Activities.
Discharges from dewatering activities, including discharges from dewatering of trenches and
excavations, are prohibited unless managed by appropriate controls. Appropriate controls include,
but may not be limited to sediment basins or traps; dewatering tanks; tube settlers; weir tanks; or
filtration systems (e.g., bag or sand filters) that are designed to remove sediment; chemical
treatment; or transportation offsite for disposal.
1. The operator shall ensure all water from dewatering or basin draining activities is
discharged in a manner that does not cause nuisance cond itions including erosion and / or
sedimentation in protected surface water(s) or on surrounding properties.
2. The operator shall retain superchlorinated wastewaters (i.e., containing chlorine above
residual levels acceptable in drinking water systems) on-site until the chlorine dissipates,
or shall otherwise effectively dechlorinate the water to concentrations that meet surface
water quality standards of the protected surface water prior to discharge.
3.7 Surface Outlets.
When discharging from basins and im poundments, utilize outlet structures that withdraw water from
the surface, unless infeasible.
3.8 Surface Water Quality Standards (SWQS).
1. Surface Water Quality Standards.
The operator shall control discharges from the site as necessary to not cause or contribute
to an exceedance of an applicable surface water quality standard (SWQS).
ADEQ expects that compliance with conditions in this permit will control discharges as
necessary to not cause or contribute to an exceedance of an applicable surface wat er
quality standard (A.A.C. Title 18, Chapter 11, Article 1). However, if at any time the
operator becomes aware, or ADEQ determines, that the construction site’s discharge
causes or contributes to an exceedance of an applicable surface water quality stan dard,
the operator shall take corrective action as required in Part 5.1, document the corrective
actions as required in Parts 5.3 and 6.4, and report the corrective actions to ADEQ as
required in Part 8.1.
Additionally, ADEQ may impose additional surface water quality-based requirements on a
site-specific basis, or require the operator to obtain coverage under an individual permit in
accordance with Part 1.2, if information in the NOI, required reports, or from other sources
indicates that additional controls are necessary to not cause or contribute to an
exceedance of an applicable surface water quality standard.
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2. Discharge Limitations for Impaired or Not-attaining Waters and OAWs.
Operators of construction sites that have one or more outfalls that are located within 1/4
mile upstream of an impaired or not-attaining water or OAW are required to comply with
the following requirements, which supplement the requirements applicable to the site in
other corresponding parts of this permit:
a. Frequency of Site Inspections. The operator shall conduct inspections at the
frequency specified in Part 4.2(3).
b. Deadline to Complete Stabilization. The operator shall comply with the deadlines for
completing site stabilization as specified in Part 3.4(1)(c).
c. Sampling and Analysis Plan. The operator shall prepare and submit a sampling and
analysis plan as outlined in Part 7.2.
If the discharge is to an impaired or not-attaining water, ADEQ may notify the operator that
additional limits or controls are necessary to not cause or contribute an exceedance of
applicable surface water quality standards, any applicable waste load allocation (WLA), to
prevent the site from contributing to an impairment, or if coverage under an individual
permit is necessary in accordance with Appendix B, Subsection 17.
If during coverage under a previous permit, the operator was required to install and maintain
control measures specifically to meet the assumptions and requirements of an USEPA
approved or established TMDL (for any parameter) or to otherwise control a discharge to not
cause or contribute an exceedance of applicable surface water quality standards, the
operator shall continue to implement such controls as part of this permit.
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4.0 INSPECTIONS
4.1 Inspector Qualifications.
The operator shall provide qualified personnel (as defined in Appendix A) to perform inspections
according to the selected inspection schedule identified in the SWPPP. The operator shall conduct
inspections of the site in accordance with Parts 4.2 through 4.5 of this permit.
4.2 Inspection Schedule.
At a minimum, the operator shall conduct a site inspection in accordance with one of the schedules
listed below. The operator shall document in the SWPPP which schedule is being used and, when
necessary, the location of the rain gauge or weather station used to obtain rainfall information.
ADEQ encourages adding inspections before and/or during predicted storm events and “spot”
inspections to ensure control measures will be effective in managing stormwater runoff and
associated pollutants.
1. Routine Inspection Schedule. The operator shall ensure inspections are performed at the
site as indicated below to ensure control measures are functional and that the SWPPP is
being properly implemented. To determine the amount of rainfall from a storm event that
occurs on the site (in accordance with options b. or c.), the operator shall obtain rainfall
information (in accordance with Part 4.4(3)) from either a properly maintained rain gauge
on the site, or a weather station that is representative of the site’s l ocation. For any day
of rainfall during normal business hours that measures 0.25 inch or greater, the total
rainfall measured for that day shall be recorded in accordance with Part 4.4(3).
a. The site will be inspected a minimum of once within 7 calendar days, but not within
5 calendar days of the previous inspection; or
b. The site will be inspected a minimum of once within 14 calendar days, but not within
10 calendar days of the previous inspection, and within 24 hours of the occurrence
of each storm event of 0.5 inch or greater in 24 hours; or
c. The site will be inspected a minimum of once per month, but not within 14calendar
days of the previous inspection and within 24 hours of the occurrence of a storm
event of 0.25 inch or greater.
Note: Within 24 hours of the occurrence of a “storm event” means that you must conduct
an inspection within 24 hours once a storm event has produced 0.5 inches of precipitation
within a 24-hour period, even if the storm event is still continuing. Thus, if you have elected
to inspect in accordance with (b) above, and there is a storm event at your site that
continues for multiple days, and each day of the storm produces 0.5 inches or more of rain,
you must conduct an inspection within 24 hours of the first day of the storm and within 24
hours after the end of the storm.
2. Reduced Inspection Schedule. The operator may reduce inspections if the entire site has
been temporarily stabilized, discharges are unlikely based on seasonal rainfall patterns,
or runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or frozen
ground exists). With a reduced inspection schedule, the site shall be inspected at least
once per month (but not within 14 calendar days of the previous inspe ction) and before
an anticipated storm event and within 24 hours of each storm event of 0.5 inch or greater
in 24 hours.
3. Inspection Schedule for Sites with Outfalls within 1/4 mile Upstream of Impaired or Not-
Attaining Waters or OAWs. If any portion of the construction site has one or more outfalls
within 1/4 mile upstream of an impaired or not-attaining water or OAW, the operator shall
inspect the site at least once every 7-calendar days. The operator may reduce inspections
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to the schedule specified in Part 4.2(2) for those areas of the construction site that have
undergone temporary or final stabilization.
4. Inspection Schedule for Inactive and Unstaffed Sites. A site is inactive and unstaffed that
will have an anticipated period of no construction activity for at least six consecutive
months. Inactive and unstaffed sites that have one or more outfalls within 1/4 mile
upstream of an impaired or not-attaining water or OAW are not eligible for this
reduced inspection frequency unless they have undergone temporary stabilization.
Operator’s responsibilities include:
a. Immediately before becoming inactive and unstaffed, the operator shall perform an
inspection in accordance with Part 4.3. All control measures must be in operational
condition in accordance with Part 3.2 prior to becoming inactive and unstaffed;
b. During the time the site is inactive and unstaffed, the operator shall perform an
inspection at least once every six months and within 24 hours of each storm event
of 0.5 inch or greater in 24 hours;
c. Non-storm event inspections must be at least three months apart;
d. All control measures must be maintained in operational condition;
e. The site shall be secured, such as limited access, blocking or fencing;
f. Maintain a statement in the SWPPP as required in Part 6.4(11) indicating that the
construction site is inactive and unstaffed. The statement must be signed and
certified in accordance with Appendix B, Subsection 9; and
g. If circumstances change and the site becomes active and/or staffed, this exception
no longer applies and the operator shall immediately resume the routine inspection
schedule. ADEQ retains the authority to revoke this exception from routine
inspections where it is determined that the discharge causes, has a reasonable
potential to cause, or contribute to an exceedance of an applicable water quality
standard, including designated uses.
5. Inspections are only required during the site’s normal working hours. If an inspection
day (except those required relative to a rainfall event) falls on a Saturday or holiday, the
inspection may be conducted on the preceding workday. If the inspection day falls on a
Sunday, the inspection may be conducted on the following Monday. If rainfall even ts
occur on the weekend or holiday, an inspection relative to that event may be conducted
the following workday.
6. Inspections are not required under Adverse Conditions. The operator is not required to
inspect areas that, at the time of the inspection, are considered unsafe for inspection
personnel. Inspections may be postponed when conditions such as local flooding, high
winds, or electrical storms, or situations that otherwise make inspections unsafe. The
inspection must resume as soon as conditions are safe.
4.3 Scope of Inspections.
At a minimum, the inspector shall examine each of the following, during each inspection:
1. All structural controls identified in the SWPPP to ensure they are in place and functioning
as intended. Repair, replace, or maintain any controls as necessary in accordance with
Part 3.2;
2. The effectiveness of non-structural controls and practices (such as good housekeeping
practices and pollution prevention measures);
3. All areas of the site used for storage of materials that are exposed to precipitation;
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4. All locations where new or modified control measures are necessary to meet the
requirements of Part 3;
5. Locations where vehicles and equipment enter or exit the site for evidence of tracking
sediment, debris, and other pollutants onto and off the site;
6. Site conditions for evidence of, or the potential for, pollutants entering the municipal
separate storm sewer;
7. The presence of materials or conditions subject to the CGP that are not addressed in
accordance with the SWPPP;
8. Inspect outfalls, to ascertain whether erosion and sediment control measures are
effective in preventing significant impacts to surface waters;
9. All locations where temporary stabilization measures have been im plemented; and
10. When a discharge is occurring during an inspection, observe and note the physical
characteristics (color, odor, clarity, floating, settled, or suspended solids, foam, oil sheen,
and other obvious indicators of stormwater pollutants). In addition, when th ere is no
discharge, examine each outfall for evidence of erosion, sedimentation and other their
sources.
4.4 Inspection Report Form.
For each inspection, the operator shall complete an inspection report either on a form provided on
the ADEQ website or an equivalent form developed by the operator that documents all of the
information required by this permit. The operator may supplement the inspection report form as
necessary with additional information, forms or drawings. Within 7 calendar days of comp leting the
inspection, the corresponding inspection report shall be placed with previous reports (in
chronological order) and kept with the SWPPP. At a minimum, the report shall include:
1. The inspection date;
2. Name(s) and title(s) of qualified person(s) making the inspection
3. Identification of discharges of sediment or other pollutants from the site. Identify the
outfall(s) and associated control measures on the site map(s), in accordance with Part
6.3(6);
4. For inspections occurring during or after a storm event:
a. Best estimate of the beginning of each storm event;
b. Duration of each event;
c. Approximate amount of rainfall for each event (in inches);
d. A description of the physical characteristics of the stormwater discharge (Part
4.3(10)) from the site, when present;
e. Document the evidence of erosion, sedimentation and other pollutants; and
f. Document the presence of control measures in all areas inspected and whether
such controls are operating effectively.
5. Identification of control measures that need to be maintained, failed to operate as designed,
or proved inadequate. Until removed from the site, identify the location(s) of these control
measures on the site map(s), in accordance with Part 6.3(6);
6. Identification of what additional control measures are needed , if any, that did not exist at
the time of the inspection. Identify the location(s) of these control measures on the site
map(s), in accordance with Part 6.3(6);
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7. Identification of all sources of non-stormwater discharges occurring at the site and
associated control measures in place;
8. Identification of material storage areas and, evidence of or potential for, pollutant discharge
from such areas;
9. Corrective actions required (in accordance with Part 5.3), including any necessary changes
to the SWPPP, and implementation dates (of corrective actions and SWPPP changes);
and
10. Identification of any other instances of non-compliance with the conditions of this permit
that are not associated with Part 4.4(9), or where the inspector does not identify any
incidents of non-compliance, the inspection report shall contain a certification that the
construction activities or site is being operated in compliance with the SWPPP and this
permit.
11. If the operator determines that certain area(s) of the site are unsafe to inspect, the
Inspection Report shall document the unsafe condition(s) and specify the locations where
the unsafe condition(s) exists.
4.5 Inspection Follow-up.
1. Control Measure Assessment. Based on the findings and observations of the inspection,
the operator shall implement the changes necessary to comply with the conditions in Part
3 and revise the SWPPP as needed in accordance with Part 6.5. The changes shall be
implemented in accordance with the schedule described in “General Maintenance
Requirements” in Part 3.2.
2. Corrective Actions. Based on the scope of inspection conducted in accordance with Part
4.3, the operator shall determine and implement appropriate corrective actions, and meet
the applicable deadlines pursuant toPart5.
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5.0 CORRECTIVE ACTIONS.
5.1 Corrective Action Triggers.
Corrective actions are actions the operator takes in compliance with this Part to modify, or
replace any control measure that failed to meet the conditions of Part 3. Routine maintenance or
repairs do not constitute corrective actions. If any of the following conditions at the
construction site occur resulting in or from a failure of a control measure, the operator shall
implement new or modified control(s):
1. A necessary control measure was never installed, was installed incorrectly, or was not
installed in accordance with the requirements in Part 3.2; or
2. A stormwater control needs to be repaired or replaced (beyond routine maintenance
required under Part 3.2); or
3. One of the prohibited discharges in Part 1.4 is occurring or has occurred; or
4. ADEQ or USEPA determines that revisions to the control measures are necessary to
meet the requirements of Part 3; or
5. A discharge is causing an exceedance of an applicable surface water quality standard.
On the same day a condition requiring corrective action is discovered, the operator shall take all
reasonable steps to minimize or prevent the discharge of pollutants until a permanent solution is
installed and made operational. However, if the problem is identified when it is too late in the work
day to initiate a corrective action, the corrective action shall be initiated on the following work day,
unless the condition poses imminent endangerment to human health or the environment, in which
case the operator shall take immediate action.
5.2 Corrective Action Deadlines.
Any control measures or repairs required must be made operational, or completed, by no later
than 7 calendar days from the time of discovery. If the operator cannot complete the ne cessary
repairs or installation of controls within 7 calendar days, the SWPPP shall include the following:
1. The reason it is infeasible to complete the installation or repair within the 7 calendar day
timeframe; and
2. The schedule for installing and making the control measure(s) operational as soon as
practicable after the 7-day timeframe.
Any corrective actions that result in changes to any of the control measures or procedures shall
be documented in the SWPPP within 7 calendar days of completing the corrective action work.
The operator shall complete all corrective actions in accordance with the deadlines specified in this
Part.
5.3 Corrective Action Report.
For each corrective action taken in accordance with this Part, the operator shall document the
details of the corrective action in the inspection report required by Part 4.4. These reports shall be
signed in accordance with the signatory requirements in Appendix B, Subsection 9 and
maintained with the SWPPP in accordance with the record keeping requirements in Appendix B,
Subsection 11.
1. Construction Sites with Outfalls Located within 1/4 Mile Upstream of an Impaired or Not-
attaining Water or OAW . When any condition listed in Part 5.1 occurs, the operator of a
construction site that has one or more outfalls located within 1/4 miles upstream of an
impaired or not-attaining water or OAW (in accordance with Parts 1.5(3) or (4)) shall submit
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a corrective action report to ADEQ, on or before 30 calendar days (from the date of the
incident), in accordance with Part 8.1. The operator shall retain a copy of the inspection report
documenting the corrective action(s) on-site with the SWPPP as required in Part 6.4.
2. Report Schedule. Within 7 calendar days of discovery of any condition listed in Part 5.1, the
operator shall document and maintain with the SWPPP the following information:
a. Summary of corrective action taken or to be taken;
b. Whether SWPPP revisions are required as a result of this discovery or corrective action;
c. Date corrective action initiated or will be initiated; and
d. Date corrective action completed or expected to be completed.
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6.0 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) PREPARATION
6.1 General Information.
1. A site specific SWPPP shall be developed by a “qualified person” before the operator
may submit the NOI for permit coverage, and before conducting any construction activity.
Any SWPPP prepared for coverage under a previous version of this AZPDES
construction general permit must be reviewed and updated by the operator to comply
with this permit’s requirements prior to submitting the NOI in accordance with Part 2.3.
At least one SWPPP must be developed for each construction activity or site covered by
this permit. A “joint” or “common” SWPPP may be developed and implemented as a
cooperative effort where there is more than one operator at a site. All operators shall
either implement their portion of a common SWPPP or develop and implement their own
SWPPP.
2. The SWPPP shall be prepared and implemented in accordance with standard industry
practices and shall:
a. Identify all potential sources of pollution that may reasonably be expected to affect
the quality of stormwater discharges from the construction site;
b. Identify, describe, and ensure implementation of control measures that will be used
to reduce pollutants in stormwater discharges from the construction site;
c. Assure compliance with the terms and conditions of this permit; and
d. Identify the responsible person for on-site SWPPP implementation.
3. All operator(s) shall sign and certify the SWPPP in accordance with the signatory
requirements of Appendix B, Subsection 9.
4. The operator shall implement the SWPPP from initial commencement of construction
activity until a NOT is submitted to ADEQ in accordance with Parts 2.5(1) or 2.6.
5. SWPPPs that do not meet all provisions of this permit are considered incomplete.
Operating under an incomplete or inadequate SWPPP is a violation of the permit.
6. Emergency-Related Construction Activities. Operators conducting construction activities
in response to an emergency (see Part 2.5), shall document the cause of the emergency
(e.g., natural disaster, extreme flooding conditions, etc.), information substantiating its
occurrence (e.g., state disaster declaration or similar state or local declaration), and
describe the construction necessary to reestablish effected public services.
6.2 Types of Operators.
1. Operator Requirements. Either Part 6.1(2)(a) or (b), or both, will apply depending on the
type of operational control a person exerts over the site. Part 6.1(2)(c) applies to all
operators who have control over only a portion of a construction site.
a. Operators with Operational Control over Construction Plans and Specifications shall
ensure that:
i. The SWPPP indicates the areas of the site where the operator has operational
control over construction activity specifications, including the ability to make
revisions in specifications;
ii. All other operators implementing portions of the SWPPP impacted by any
changes made to the SWPPP are notified of such revisions in a timely manner;
and
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iii. The SWPPP indicates the name(s) of the person(s) with day-to-day
operational control of those activities necessary to ensure compliance with the
SWPPP or other permit conditions.
b. Operators with Control over Day-to-Day Activities shall ensure that:
i. The SWPPP identifies the persons responsible for implementation of control
measures identified in the SWPPP;
ii. The SWPPP indicates areas of the site where each operator has operational
control over day-to-day activities; and
iii. The SWPPP indicates the name(s) of the person(s) with operational control
over construction activity specifications (including the ability to make revisions
in specifications).
c. Operators with Control over Only a Portion of a Larger Construction Site are
responsible for compliance with the terms and conditions of this permit as it relates
to the activities on the operator’s portion of the construction site (including
implementation of control measures required by the SWPPP). Operators shall
ensure either directly or through coordination with other operators, that activities do
not render another person’s control measure(s) ineffective.
6.3 SWPPP Contents.
1. Stormwater Team. Each operator, or group of operators, must assemble a “stormwater
team,” which is responsible for overseeing the development of the SWPPP, any later
revisions to it, and for compliance with the requirements in this permit. The SWPPP must
identify the name, title and a description of the qualifications and a copy of any training
certificates of team members, including inspector(s), as well as their individual
responsibilities. Each member of the stormwater team must have ready access to an
electronic or paper copy of applicable portions of this permit, the most updated copy of the
SWPPP, and other relevant documents or information that must be kept with the SWPPP.
The team may include members who are not employed by the operator (such as third party
consultants).
2. Identification of Operators. The SWPPP shall identify all operators, including contact
information, for the site and the areas and phases over which each operator has control.
3. Sequence and Estimated Dates of Construction Activities. The SWPPP must include a
description of the intended sequence of construction activities, including a schedule of the
estimated start dates and the duration of the activity, for the following activities:
a. Installation of control measures and when they will be made operational, including
an explanation of the sequence and schedule for installation of the control measures;
b. Commencement and duration of construction activities, including clearing and
grubbing, grading, site preparation (i.e., excavating, cutting and filling), underground
utility installation, infrastructure installation, final grading, and creation of soil and
vegetation stockpiles requiring stabilization;
c. Cessation, temporarily or permanently, of construction activities on the site , or in
designated portions of the site including the beginning and ending dates of inactive/
unstaffed status, when applicable;
d. Final or temporary stabilization of areas of exposed soil. The dates for stabilization
must reflect the applicable deadlines to which the operator is subject in Part 3.4(1);
and
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e. Removal of temporary stormwater conveyances, channels, and other control
measures; removal of construction equipment and vehicles; and cessation of any
pollutant-generating activities.
4. Site Description. The SWPPP shall describe the construction site, including:
a. A description of the site and its intended use after the NOT is submitted to ADEQ
(e.g. low density residential, shopping mall, highway, etc.);
b. The total area of the site, and an estimate of the total area of the site expected to be
disturbed by construction activities including off-site supporting activities, borrow and
fill areas, staging and equipment storage areas;
c. The percentage of the site that is impervious (e.g., paved, roofe d, etc.) before and
after construction;
d. A description of the site’s soils including potential for erosion;
e. Areas where it is infeasible to maintain a 50 foot buffer in accordance with Part 3.3(7),
describe which alternative was selected for the site, and comply with any additional
requirements to provide documentation;
f. On-site and Offsite Material Storage. The operator shall identify and describe all
material storage areas (including overburden and stockpiles of dirt, borrow areas,
etc.) used for the permitted site in the SWPPP unless those areas are covered by
another AZPDES permit; and
g. A general location map (e.g., USGS quadrangle map, a portion of a city or county
map, or other map) – with enough detail to identify:
i. The location of the construction site and one mile radius; and
ii. The protected surface waters including tributaries within a one (1) mile radius
of the site.
5. Site Map(s). The SWPPP shall contain a legible site map or series of maps completed to
scale, showing the entire site that identifies:
a. Topography of the site, existing types of cover (e.g., forest, pasture, pavement,
structures), and drainage pattern(s) of flow onto, over, and from the site property
before and after major grading activities;
b. Drainage divides and direction of stormwater flow for all drainage areas located
within the site limits (i.e., use arrows to show which way stormwater will flow);
c. Areas of soil disturbance and areas that will not be disturbed. Boundaries of the
property and of the locations where construction activities will occur, including:
i. Locations where construction activities will occur, noting any phasing of
construction activities;
ii. Locations where sediment or soil will be stockpiled;
iii. Locations of any crossings of surface waters;
iv. Designated points on the site where vehicles will exit onto paved roads; and
v. Locations of construction support activity areas covered by this permit (see
Part 1.3(1)(c)).
d. Locations of temporary and permanent control measures identified in the SWPPP;
e. Locations where stabilization control measures are expected to occur;
f. Areas protected by buffers (i.e., either the 50-foot buffer or other buffer areas
retained on-site when within 50 feet of a perennial water) consistent with Part 3.3(7).
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The site map must show the boundary line of all such buffers;
g. Locations of on-site material, waste, borrow areas, or equipment storage areas, and
other supporting activities (per Part 1.3(1)(c));
h. Locations of all potential pollutant-generating activities identified in Part 6.3(9).
Examples include, but are not limited to: the pollutant-generating activities listed in
Part 3.5 (fueling and maintenance operations; concrete, paint, and stucco washout);
waste disposal; solid waste storage and disposal; and dewatering operations (Part
3.6);
i. Locations of all protected surface waters and any impaired or not-attaining waters or
OAWs within 1/4 mile of the construction site. If none exist on-site, the SWPPP shall
indicate so;
j. Stormwater outfall(s), using arrows to indicate discharge direction. Include the
following:
i. Location(s) where stormwater and/or allowable non-stormwater discharges
are discharged to protected surface waters (in accordance with Part 1.3); and
ii. Location(s) of any discharges to municipal separate storm sewer systems
(MS4s) from the construction site.
k. Locations and registration numbers of all on-site drywells and drywells on adjacent
properties that may receive stormwater runoff from the site, if available. If none exist,
the SWPPP shall indicate so;
l. Areas where final stabilization has been accomplished and no further construction
permit requirements apply (if none, the SWPPP shall indicate so); and
m. Location and boundaries of buffer zones to be preserved.
6. Protected Surface Waters. The SWPPP shall identify the nearest protected surface water
that may receive stormwater discharges, including ephemeral and intermittent streams, dry
washes, and arroyos. If applicable, the SWPPP shall also identify and describe any
wetlands near the site that could be disturbed or that could potentially receive discharges
from disturbed areas of the site. Indicate if the protected surface water is listed as impaired,
not-attaining or an OAW .
7. Control Measures to be used During Construction Activity. The SWPPP shall describe all
control measures as required in Parts 3.3 through 3.7 that will be implemented and
maintained as part of construction activities to control pollutants in discharges. For each
control measure the SWPPP shall contain:
a. A description of:
i. The appropriate control measure, including measures to minimize or eliminate
non-stormwater discharges;
ii. The general sequence during the construction process or schedule of when
the control measures will be implemented; and
iii. Which operator is responsible for the implementation of control measures.
b. Standard detail drawings and/or specifications for the structural control measures,
including design or installation details, used on the site;
c. Specific sediment controls that will be installed and made operational prior to
conducting activities in any given portion of the site to meet the requirement of Parts
3.3 through 3.7;
d. Documentation of controls for site egress points that are intended to minimize
tracking of pollutants from vehicles leaving the site, consistent with Part 3.5(3).
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8. Summary of Potential Pollutant Sources. The SWPPP shall identify the location and
description of any pollutant sources, including any non-stormwater discharges,
associated with the construction activity, from:
areas other than construction (i.e., support activities including stormwater
discharges);
dedicated asphalt or concrete plants; or
other non-construction pollutant sources, such as fueling and maintenance
operations, materials stored on-site, waste piles, equipment staging yards, etc.
The operator shall implement control measures in these areas to minimize pollutant
discharges and shall detail these controls in the SWPPP.
If the construction site has one or more outfalls within 1/4 mile upstream of an impaired or
not-attaining water, the SWPPP shall identify sources of the pollutants of concern listed
on the 303(d) list that may potentially be discharged from the construction site and
describe additional or enhanced control measures to minimize discharges of these
pollutants.
9. Use of Treatment Chemicals. If polymers, flocculants, or other cationic treatment
chemicals will be used at the site, the SWPPP shall include:
a. A justification for the need for such chemicals and an assessment of potential water
quality impacts;
b. A description of the training specific personnel have or will receive on the use and
storage of any cationic treatment chemicals and/or chemical treatment systems at
the construction site;
c. A listing of all treatment chemicals to be used at the site, a description of how the
chemicals will be stored, and why the selection of these chemicals is suited to the
soil characteristics of the site;
d. The dosage of all treatment chemicals that will be used at the site or the methodology
that will be used to determine dosage;
e. A copy of any applicable Safety Data Sheets (SDS);
f. Schematic drawings of any chemically-enhanced controls or chemical treatment
systems to be used for application of the treatment chemicals;
g. Copies of applicable manufacturer’s specifications regarding the use of specific
treatment chemicals and/or chemical treatment systems and references to state or
local requirements affecting the use of these chemicals.
10. Pollution Prevention Procedures.
a. Spill Prevention and Response Procedures. The SWPPP must describe procedures
to prevent and respond to spills, leaks, and other releases consistent with Part 3.5,
including:
i. Procedures for plainly labeling containers (e.g., “Used Oil,” “Spent Solvents,”
“Fertilizers and Pesticides,” etc.) that could be susceptible to spillage or leakage
to encourage proper handling and facilitate rapid response if spills or leaks occur;
ii. Preventative measures such as barriers between material storage and traffic
areas, secondary containment provisions, and procedures for material storage
and handling;
iii. Procedures for expeditiously stopping, containing, and cleaning up spills, leaks,
and other releases. Identify the name or position of the employee(s)
responsible for detection and response of spills or leaks; and
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iv. Procedures for notification of appropriate site personnel, emergency response
agencies, and regulatory agencies where a leak, spill, or other release
containing a hazardous substance or oil in an amount equal to or in excess of
a reportable quantity consistent with Part 3.5(5) and established under either
40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-
hour period. Contact information must be in locations that are readily accessible
and available.
The operator may reference the existence of other plans, such as the Spill Prevention
Control and Countermeasure (SPCC) plans de veloped for the construction activity
under Part 311 of the CWA, or spill control programs otherwise required by an
AZPDES permit for the construction activity, provided that a copy of that other plan
is kept with the SWPPP on-site. If an SPCC or other spill prevention plan already
exists, the operator may use such plans and incorporate them by reference in the
SWPPP.
b. Waste Management Procedures. The SWPPP must describe procedures for
handling and disposing all wastes generated at the site, including, but not limited to,
clearing and demolition debris, sediment removed from the site, construction and
domestic waste, hazardous or toxic waste, and sanitary waste.
6.4 Documentation Requirements including Permit Related Records.
The operator shall keep the following inspection, monitoring, and certification records complete and
up-to-date. Retaining these records with the SWPPP (unless otherwise specified below) is
necessary to demonstrate compliance with the conditions of this permit.
1. A copy of this permit (an electronic copy easily available to SWPPP personnel is also
acceptable);
2. A copy of the NOI submitted to ADEQ, including any correspondence exchanged between
the operator and ADEQ specific to coverage under this permit;
3. A copy of the authorization certificate received from ADEQ;
4. Identification of any municipality that received a copy of the authorization certificate;
5. Copies of any other agreements (such as a CWA section 404 permit, local grading permit,
etc.) with any state, local, or federal agencies that would affect the provisions or
implementation of the SWPPP, if applicable;
6. Descriptions and dates of any incidences of spills, leaks, or other releases that resulted in
discharges of pollutants in stormwater to a regulated MS4 or to protected surface waters
the circumstances leading to the release and actions taken in response to the release and
measures taken to prevent the recurrence of such releases (see Part 3.5(5));
7. Documentation of repairs of structural control measures, including the date(s) of discovery
of areas in need of repair/replacement, date(s) that the structural control measure(s)
returned to full function, and the justification for any extended repair schedules (see Part
3.2). The maintenance records shall include the date(s) of regular maintenance;
8. All inspection reports (see Part 4.4);
9. Description of any corrective action taken at the site, including triggering event and dates
when problems were discovered and revisions occurred;
10. If the construction site’s activities are located within 50 feet of a perennial water, the
operator shall describe which alternative was selected for the site, and comply with any
additional documentation requirements in Part 3.3(7).
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11. Documentation to support the operator’s claim that the construction activities have
changed from active to inactive and unstaffed with respect to the requirements to conduct
inspections (see Part 4.2(4));
12. A Sampling and Analysis Plan – For operators required to conduct analytical monitoring
(Part 7.2), a Sampling and Analysis Plan (SAP) shall be implemented and kept with the
SWPPP (as part of the SWPPP or as an appendix to the SWPPP).
13. Post-Construction Stormwater Management.
a. The SWPPP shall include a description of post-construction stormwater
management control measures that will be installed during the construction process
to control pollutants in stormwater discharges after construction has been completed.
b. If ‘temporary’ sediment basins are to be used as, or converted to retention basins in
the post-construction phase, the operator shall remove and properly dispose of
sediments accumulated in the basin, as necessary, to meet the original capacity, or
the capacity that is specified in the post-construction specifications.
c. New discharge connections or permanent stormwater outfalls directly to OAWs are
prohibited under this permit. This permit only authorizes and requires the operator to
install and maintain stormwater control measures up to and including final
stabilization of the site, and does not require continued maintenance after
stormwater discharges associated with the construction activity have been
eliminated from the site and a Notice of Termination (NOT) has been submitted to
ADEQ. However, post-construction control measures that discharge pollutants from
point sources once construction is complete may require authorization under a
separate AZPDES permit. See Part 1.5(1).
6.5 SWPPP Updates and Revision Requirements.
1. Maintaining an Updated SWPPP.
The SWPPP shall be revised as necessary during permit coverage to reflect current
conditions and to maintain accuracy. The operator shall make any required amendments
to the SWPPP within 7 calendar days whenever:
a. There is a change in design, construction, operation, or maintenance at the
construction site that may have a significant effect on the discharge of pollutants to
the surface that has not been previously addressed in the SWPPP; or
b. During inspections, monitoring if required, or investigations by the operator or by
ADEQ or USEPA, it is determined that the discharges are causing or contributing to
surface water quality exceedances or the SWPPP is ineffective in eliminating or
significantly minimizing pollutants in stormwater discharges from the construction
site; or
c. There is a change to the stormwater team.
2. Conditions Requiring SWPPP Revisions.
The operator shall complete required revisions to th e SWPPP within 7 calendar days
following the occurrence of any of the conditions listed below. The operator shall modify
the SWPPP, including the site map(s), in response to any of the following conditions:
a. New operators become active in construction activities at the site, construction plans
are changed (that will affect the quality of the discharge), control measures, pollution
prevention measures, or other activities at the site are no longer accurately reflected
in the SWPPP. This includes changes made in response to corrective actions
triggered under Part 5.1 Operators do not need to modify their SWPPPs if the
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estimated dates in Part 6.3(6) change during the course of construction;
b. Areas on the site map where operational control has been transferred (and the date
of transfer) since initiating permit coverage;
c. If inspections or investigations by site staff, or by local, state, or federal officials
determine that SWPPP revisions are necessary for compliance with this permit;
d. ADEQ determines it is necessary to impose additional requirements on the discharge
(in accordance with Part 6.5.1), the following must be included in the SWPPP:
i. A copy of any correspondence describing such requirements; and
ii. A description of the control measures that will be used to meet such
requirements.
e. To reflect any revisions to applicable federal, state, tribal, or local requirements that
affect the control measures implemented at the site; and
f. If applicable, if a change in chemical treatment systems or chemically-enhanced
control is made, including use of a different treatment chemical, different dosage
rate, or different area of application.
g. SWPPP Revision Records. Operators are required to maintain records showing the
dates of all SWPPP revisions. The records must include the name of the person
authorizing each change (see Part 6.1(3)) and a brief summary of all changes.
3. Certification Requirements.
All revisions made to the SWPPP consistent with Part 6.5(2) must be authorized b y a
person identified in Appendix B, Subsection 9.
4. Required Notice to Other Operators.
When the operator determines that a revision to the SWPPP is required and there are
multiple operators covered under a common SWPPP, any operators who may be
impacted by the change to the SWPPP shall be notified at the address of record in the
SWPPP.
6.6 Deficiencies in the SWPPP.
ADEQ may notify the operator at any time that the SWPPP does not meet one or more of the
requirements of this permit. The notification shall identify the parts of this permit that are not being
met and parts of the SWPPP that require revision to comply wit h the permit. Within 15 calendar
days of receipt of the notification from ADEQ (or as otherwise provided by ADEQ), the operator
shall make the required changes to the SWPPP and submit to ADEQ a written certification that the
changes have been made. ADEQ may require re-submittal of the SWPPP to confirm all deficiencies
have been adequately addressed.
In accordance with Appendix B, Subsection 1, ADEQ also is not precluded from taking enforcement
action for any period of time the operator was operating unde r a SWPPP that did not meet the
minimum requirements of this permit.
6.7 Posting, SWPPP Review and Making SWPPPs Available.
1. The operator must post the authorization number(s) in a conspicuous location near the
main entrance of the construction site and retain a copy of the authorization certificate in
the SWPPP. For linear construction activities, the authorization number(s) must be posted
near the entrance where most of the construction activity is occurring.
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2. The operator must post the following statement with the authorization number: “For
stormwater complaints, please visit www.azdeq.gov.” Lettering must be 2” or greater.
3. A copy of the SWPPP shall be on-site or at an easily accessible location, whenever
construction or support activities are actively underway, and shall be available to ADEQ or
any other federal, state or local authority having jurisdiction over the site at any reasonable
time (generally Monday through Friday, 8:00 a.m. to 5:00 p.m.).
4. The SWPPP shall be made available to ADEQ or any other federal, state, tribal, or local
authority having jurisdiction over stormwater discharges from the site at the time of an on-
site inspection.
5. The operator shall provide a copy of the SWPPP to ADEQ upon request within 7 calendar
days or at a time frame agreed upon with ADEQ.
6. Operators with sites that meet the requirements for inactive and unstaffed are not required
to maintain the SWPPP on-site. However, the SWPPP must be locally available (i.e., in
Arizona) and must be on-site when conducting the inspections required by Part 4. For the
purpose of a regulatory inspection, the SWPPP shall be made available to ADEQ, USEPA,
or other Federal, State or local authority having stormwater program authority, within 48
hours of request. If otherwise requested by ADEQ, the operator shall submit copies of
these documents within 14 calendar days of request.
6.8 Procedures for Inspection, Maintenance, and Corrective Action .
The SWPPP must describe the procedures operators will follow for maintaining their control
measures, conducting site inspections, and, where necessary, taking corrective actions, in
accordance with Part 3.2, Part 4, and Part 5 of the permit. The following information must also be
included in the SWPPP:
1. Personnel responsible for conducting inspections;
2. The inspection schedule that will be followed based on whether the site is subject to Part
4.2, and whether the site qualifies for any of the reduced inspection frequencies in Part
4.2(2) or 4.2(4). If conducting inspections in accordance with the inspection schedule in
Part 4.2(3), document the weather information required in the inspection report ;
3. If reducing the inspection frequency in accordance with Part 4.2(2) or 4.2(4), the beginning
and ending dates of the reduced inspection period; and
4. Any inspection or maintenance checklists or other forms that will be used.
5. The operator shall ensure that all qualified personnel (see Appendix A) review the
requirements of this permit. Qualified personnel are responsible for:
a. The design, installation, maintenance, and/ or repair of control measures (including
pollution prevention measures);
b. The application and storage of treatment chemicals (if applicable);
c. Conducting inspections as required in Part 4; and
d. Taking corrective actions as required in Part 5.
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7.0 STORMWATER MONITORING
The provisions of Part 7 apply only to construction sites with one or more outfalls within 1/4 mile
upstream of an impaired, not-attaining or outstanding Arizona water (OAW) [applicable only to
discharges to WOTUS], or as otherwise specified by ADEQ. Any portion of the construction site
that extends within this distance is subject to the requirements of this Part, unless the operator
provides a justification for not monitoring, consistent with Part 7.1. The monitoring plan, or
justification, must be a part of the SWPPP and submitted to ADEQ for approval.
ADEQ may notify the operator, in writing, of additional discharge monitoring required to ensure
protection of a protected surface water if it is determined that a pollutant may be causing or
contributing to an exceedance of a surface water quality standard.
7.1 Monitoring Program.
Operators of construction activities as described above in Part 7.0 shall prepare and implement a
monitoring program that meets the requirements of this Part. Sites can be exempted from
monitoring if the operator provides a demonstration acceptable to ADEQ that there is no potential
for the discharge to reach the impaired, not-attaining or OAW protected surface water.
Additionally, if the operator can demonstrate that there is no reasonable potential that construction
activities will be an additional source of the specific pollutant for which the water is impaired,
analytical monitoring for that parameter may not be required. As part of this demonstration, the
operator must consider all on-site activities and pollutant sources, as well as any known pollutants
(metals, nutrients, etc.) to be present in the on-site soils that will be disturbed.
7.2 Sampling and Analysis Plan (SAP).
The operator shall develop a written, site-specific, SAP for analytical monitoring of stormwater
discharges, unless an acceptable rationale demonstrates that stormwater monitoring is not
necessary, in accordance with Part 7.1. The SAP shall be a part of the SWPPP as either an
appendix or separate SWPPP section. The SAP shall include:
1. Locations of monitoring sites;
2. The name(s) and title of the person(s) who will perform the monitoring;
3 A map showing the segments or portions of the protected surface water that are most likely
to be impacted by the discharge of pollutant(s);
4. Water quality param eters and pollutants to be sampled;
5. The citation and description of the sampling protocols to be used;
6. Identification of the analytical methods and related method detection limits (if applicable)
for each parameter required. Method detection limits shall be below applicable surface
water quality standards as technology allows.
7.3 Analytical Monitoring Requirements.
1. When to Sample. The operator shall conduct analytical monitoring a minimum of two
times per wet season throughout the duration of permit coverage. Analytical monitoring
is only required when stormwater or snowmelt exits the construction site by way of a n
outfall in sufficient quantity to allow for sample collection and analysis.
For the purposes of analytical monitoring, wet seasons are defined as follows:
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Summer wet season: June 1 – October 31
Winter wet season: November 1 – May 31
2. Adverse Conditions. The operator is not required to collect samples under adverse
conditions, in accordance with Part 4.2(6). Information about any adverse conditions that
prevented sampling shall be documented in the SWPPP.
3. Where to Sample.
The operator shall conduct analytical monitoring at outfalls observed or suspected to
contain the greatest pollutant load resulting from construction activities, using Table 7 -1
below:
Table 7-1. Minimum Number of Samples to Collect
Number of Outfalls Number of Samples
1 to 4 All
5 to 19 5
20 or more 25% of total
4. What to Sample.
a. OAWs: All operators of construction sites with outfalls that are located within 1/4 mile
upstream of an OAW shall monitor for turbidity, in Nephelometric Turbidity Units
(NTU), both immediately upstream and downstream of each outfall. The operator
shall compare turbidity values from the outfalls and if there is a 25% or more increase
at the downstream outfall, the operator shall evaluate and replace, maintain, or install
additional control measures as necessary to reduce sediment transport.
b. OAW s: the operator shall also sample for any pollutants for which the OAW is
impaired.
c. Impaired or Not-attaining Waters: All operators with construction sites with outfalls
that are located within 1/4 mile upstream of impaired or not-attaining waters shall
monitor for the pollutant(s) for which the protected surface water is impaired.
d. Lakes: If the protected surface water is a lake that is impaired or not-attaining, or an
OAW , a site-specific proposal for sampling the impact area shall be submitted with
the SAP.
5. How to Sample. The operator shall establish written procedures for sample collection,
preservation, tracking, handling, and analyses. The approved SAP (in accordance with
Parts 1.5(3) and 1.5(4)) shall be a part of the SWPPP, either as an appendix or a
separate SWPPP section. The SAP shall include the following:
a. Sample Collection, Preservation, Tracking, Handling and Analyses :
i. Designate and train personnel to collect, maintain, and handle samples in
accordance with the appropriate sample protocols.
ii. Identify water quality parameters/pollutants to be sampled including any
pollutant(s) of concern in accordance with this Part;
iii. Identify the required sample analyses and associated analytical method
(analytical laboratory and field analyses).
b. Written procedures for:
i. Sample collection (equipment and containers, calibration procedures,
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document site conditions during sampling, field notes and conditions und er
which the sample was taken);
ii. Preservation (sample preparation to meet holding times);
iii. Tracking (including chain-of-custody procedures); and
iv. Handling (packing, transporting and shipping procedures to maximize sample
integrity).
c. Calibration and Maintenance of Equipment and Monitoring Methods.
All monitoring instruments and equipment (including operators' own field instruments
for measuring pH and turbidity) shall be calibrated and maintained in accordance
with manufacturers' recommendations. All laboratory analyses shall be conducted
according to test procedures specified in 40 CFR Part 136, unless other test
procedures have been specified in this general permit.
All samples collected for analytical monitoring shall be analyzed by a laboratory that
is licensed by the Arizona Department of Health Service (ADHS) Office of Laboratory
Licensure and Certification. This requirement does not apply to parameters that
require analysis at the time of sample collection as long as the testing methods used
are approved by ADHS or ADEQ. These parameters may include flow, dissolved
oxygen, pH, temperature, and total residual chlorine. The operator may conduct field
analysis of turbidity if the operator has sufficient capability (qualified and trained
employees, properly calibrated and maintained field instruments, etc.) to properly
perform the field analysis.
d. Discharge Monitoring Report. All operators subject to analytical monitoring shall
submit the results on the electronic Discharge Monitoring Report (DMR) in myDEQ.
The operator shall retain records of all stormwater monitoring informatio n with the
SWPPP.
The DMR shall be submitted within 30 days after receiving laboratory results. In
the event no samples are collected during a wet season, the DMR indicating “no
data” using the appropriate No Discharge Information (NODI) code(s) shall be
submitted no later than:
Winter Wet Season: June 30
Summer Wet Season: November 30
or at the time the conditions in Part 2.6 have been met and a NOT is submitted
in myDEQ, whichever is sooner.
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8.0 RECORDKEEPING
8.1 Records.
1. Address for Submittal of All Forms and Reports. All documents required by this permit (NOIs,
SWPPPs, NOTs, and DMRs) shall be submitted, in electronic format, in myDEQ. Any other
written correspondence, such as Corrective Action Forms (see Part 5.3) shall be signed and
dated in accordance with Appendix B, Subsection 9 of this permit and submitted to ADEQ at the
address below:
Arizona Department of Environmental Quality
Surface Water Protection Unit
1110 W. Washington Street
Phoenix, AZ 85007
2. Record Retention. The operator shall retain records of all stormwater monitoring
information, corrective actions, inspection and other reports with the SWPPP for a period
of at least three years from the date the NOT was submitted to ADEQ.
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APPENDIX A.
Definitions
24-hour Period – any consecutive 24-hours.
Anticipated Storm Event – any storm event with at least a 30% chance of precipitation as
predicted by the National Weather Service for the area local to the construction site.
Arid Areas – the parts of Arizona that receive an average annual rainfall of 0 to 10 inches.
AZPDES means the Arizona pollutant discharge elimination system program as adopted under
section 402(b) of the clean water act for WOTUS and under Section 49-255.04 for non-WOTUS
protected surface water.
Borrow Areas – areas where materials are dug for use as fill, either on-site or off-site.
Calendar Day - means the period of 24 consecutive hours commencing at 12:01 a.m. and
concluding at midnight.
Cationic Treatment Chemical – polymers, flocculants, or other chemicals that contain an overall
positive charge. Among other things, they are used to reduce turbidity in stormwater discharges
by chemically bonding to the overall negative charge of suspended silts and other soil materials
and causing them to bind together and settle out. Common examples of cationic treatment
chemicals are chitosan and cationic PAM.
Commencement of Construction Activities – the initial disturbance of soils or ‘breaking ground’
associated with clearing, grading, excavating, or stockpiling of fill material activities or other
construction-related activities, such as the placement of fertilizers, pesticides, herbicides,
detergents, fuels, oils, or other chemicals, or the occurrence of authorized non-stormwater washout
activities, or dewatering activities have begun on the site.
Common Plan of Development or Sale – A contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules under one
common plan. The "common plan" of development or sale is broadly defined as any announcement
or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, computer design, etc.) or physical demarcation
(including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may
occur on a specific plot.
Construction Activity – activities such as, clearing, grading, excavating, stockpiling of fill material
and other similar activities. This definition encompasses both large construction activities defined
in 40 CFR 122.26 (b)(14)(x), small construction activities in 40 CFR 122.26 (b)(15)(i), and includes
construction support activities.
Construction Site or Site – the land or water area where construction activities will occur, including
construction support activities, and where control measures will be installed and maintained. The
construction support activities may be located at a different part of the proper ty from where the
primary construction activity will take place, or on a different piece of property altogether.
Construction activities are often located on a smaller lot or parcel within the construction site.
Construction Support Activity – a construction-related activity that exclusively supports the
construction site and involves activities such as clearing, grading, excavating, and stockpiling of fill
materials or pollutant-generating activities of its own, and can include activities as sociated with
concrete or asphalt batch plants, equipment staging yards, materials storage areas, excavated
material disposal areas, and borrow areas. These activities may or may not be contiguous with the
construction site, but the acreage of the support area should be included in the total site acreage
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amount. When the term “support activities” is used without clarification, it means “construction
support activities”.
Construction Waste – discarded materials, such as packaging materials, scrap constructi on
materials, masonry products, timber, steel, pipe, and electrical cuttings, plastics, and Styrofoam.
Control Measure – refers to any practice or method (including effluent limitations) used to prevent
or reduce the discharge of pollutants to protected surface waters.
Conveyance Channel – a temporary or permanent waterway designed and installed to safely
convey stormwater flow within and out of a construction site.
Director – means the director of environmental quality or the director’s designee.
Discharge – any addition of any pollutant to protected surface waters from any point source, but
does not include the addition of dredged or fill material to non-WOTUS protected surface waters.
Discharge of a Pollutant – any addition of any “pollutant” or combination of pollutants to protected
surface waters from any “point source,” or any addition of any pollutant or combination of pollutants
to the waters of the “contiguous zone” or the ocean from any point source oth er than a vessel or
other floating craft which is being used as a means of transportation. This includes additions of
pollutants into protected surface waters from surface runoff which is collected or channeled by man.
See 40 CFR 122.2.
Domestic Waste – typical household trash, garbage or rubbish items generated by construction
activities.
Drought-Stricken Area – for the purposes of this permit, an area in which the National Oceanic
and Atmospheric Administration’s U.S. Seasonal Drought Outlook indicates for the period during
which the construction will occur that any of the following conditions are likely:
1. Drought to persist or intensify
2. Drought ongoing, some improvement
3. Drought likely to improve, impacts ease
4. Drought development likely
Effective Operating Condition – a control measure is kept in effective operating condition if it has
been implemented and maintained in such a manner that it is working as designed to minimize
pollutant discharges.
Effluent Limitations – any of the Part 3 requirements.
Emergency-related Construction Activity – an activity initiated in response to an emergency
(e.g., natural disaster, disruption in essential public services), for which the related work requires
immediate authorization to avoid imminent endangerment to human health or the environment, or
to reestablish essential public services.
Ephemeral water – means a surface water or portion of surface water that flows or pools
only in direct response to precipitation.
Erosion Control – temporary or permanent measures to prevent soil particles from detaching and
being transported in stormwater.
Hazardous Materials, Substances, or Hazardous or Toxic Waste – any liquid, solid, or
contained gas that contain properties that are dangerous or potentially harmful to human health or
the environment. Examples include paints, caulks, sealants, fluorescent light ballasts, solvents,
petroleum-based products, wood preservatives, additives, curing compounds, and acids. See also
40 CFR 261.2.
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Impaired Waters – Protected surface waters for which credible scientific data exists that satisfies
the requirements of section 49-232, and that, in the case of waters of the U.S., demonstrate that
the water should be identified pursuant to 33 United States Code section 1313(d) and the
regulations implementing that statute.
Infeasible – for the purpose of this permit, infeasible means not technologically possible or not
economically practicable and achievable in light of best industry practices.
Intermittent Waters – means a surface water or portion of surface water that flows
continuously during certain times of the year and more than in direct response to
precipitation, such as when it receives water from a spring, elevated groundwater table or
another surface source such as melting snowpack
Linear Construction Activities – includes the construction of roads, bridges, conduits,
substructures, pipelines, sewer lines, towers, poles, cables, wires, connectors, switching,
regulating and transforming equipment and associated ancillary facilities in a long, narrow area.
Minimize – to reduce and/or eliminate to the extent achievable, using control measures that are
technologically available and economically practicable and achievable in light of best industry
practices.
Municipal Separate Storm Sewer – a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made
channels, or storm drains) that are:
a. Owned or operated by a State, city, town, borough, county, parish, district, association, or
other public body (created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial wastes, stormwater, or other wastes, including special districts under
State law such as a sewer district, flood control district or drainage district, or similar entity,
or a designated and approved management agency under section 208 of the Clean Water
Act (33 U.S.C. 1288) that discharges to protected surface waters;
b. Designed or used for collecting or conveying stormwater;
c. Which is not a combined sewer; and
d. Which is not part of a Publicly Owned Treatment Works.
myDEQ – ADEQ’s e-Permitting/e-Compliance Portal that offers the “Regulated Community” a
digital solution to better assist them in meeting their environmental priorities and responsibi lities
with an easy online tool, available 24/7 to meet business needs.
Natural Buffer – for the purposes of this permit, an area of undisturbed natural cover surrounding
protected surface waters within which construction activities are restricted. Natural cover includes
the vegetation, exposed rock, or barren ground that exists prior to commencement of construction
activities.
Natural Vegetation – vegetation that occurs spontaneously without regular management,
maintenance, or species introductions or removals, and that generally has a strong component of
native species.
Non-WOTUS Protected Surface Water – a protected surface water that is not a WOTUS.
Not-Attaining Water – a protected surface water is assessed as impaired, but is not placed on the
303(d) List or equivalent for non-WOTUS protected surface waters because:
a. A TMDL is prepared and implemented for the protected surface water;
b. An action, which meets the requirements of R18-11-604(D)(2)(h), is occurring and is expected
to bring the protected surface water to attaining before the next 303(d) List submission; or
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c. The impairment of the protected surface water is due to pollution for which a TMDL load
allocation cannot be developed.
Notice of Intent (NOI) – the form (electronic) required for authorization of coverage under the
Construction General Permit.
Notice of Termination (NOT) – the form (electronic) required for terminating coverage under the
Construction General Permit.
Outfall – a “point source” as defined by 40 CFR 122.2 at the point where construction site
stormwater discharges to protected surface waters or to a Municipal Separate Storm Sewer.
Outstanding Arizona Water (OAW) – a WOTUS protected surface water that has been
designated by ADEQ as an outstanding state resource under A.A.C. R18-11-112.
Perennial Water – a surface water or portion of a surface water that flows continuously throughout
the year.
Permittee - for the purposes of this permit, a person who is given authorization to discharge
stormwater from construction activities.
Person – an individual, employee, officer, managing body, trust, firm, joint stock company,
consortium, public or private corporation, including a government corporation, partnership ,
association or state, a political subdivision of this state, a commission, the United States
government or any federal facility, interstate body or other entity. [A.R.S. § 49-201(27)]
Point Source – any discernible, confined, and discrete conveyance, inc luding any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating craft from which pollutants are
or may be discharged to protected surface waters. This term does not include return flows from
irrigated agriculture or agricultural stormwater runoff.
Pollutant – sediment, fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid
waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural
chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products,
chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt (e.g., overburden material), and mining, industrial, municipal and
agricultural wastes or any other liquid, solid, gaseous or hazardous substances. [A.R.S. § 49 -
201(29)]
Pollutant-generating Activities – at construction sites, those activities that lead to the discharge
of pollutants, either as a result of construction activity or construction support activity. Types of
pollutants that are typically associated with construction sites include, but are n ot limited to:
a. Sediment;
b. Nutrients;
c. Heavy metals;
d. Pesticides and herbicides;
e. Oil and grease;
f. Bacteria and viruses;
g. Trash, debris, and solids;
h. Treatment polymers; and
i. Any other toxic chemicals.
Pollution Prevention Measures – control measures designed to reduce or eliminate the addition
of pollutants to construction site discharges through analysis of pollutant sources, implementation
of proper handling/ disposal practices, employee education, and other actions.
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Polymers – coagulants and flocculants used to control erosion on soil or to enhance the sediment
removal capabilities of sediment traps or basins. Common construction site polymers include
polyacrylamide (PAM), chitosan, alum, polyaluminum chloride, and gypsum.
Process Wastewater - any water which, during manufacturing or processing, comes into direct
contact with or results from , the production or use of any raw material, intermediate product,
finished product, byproduct, or waste product.
Prohibited Discharges – discharges that are not allowed under this permit, including:
a. Wastewater from washout of concrete;
b. Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds and other construction materials;
c. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
d. Soaps or solvents used in vehicle and equipment washing; and
e. Toxic or hazardous substances from a spill or other release.
Protected Surface Water – a water of the State, listed on the Protected Surface Water List under
A.R.S. Section 49-221, Subsection G; and all waters of the U.S.
Qualified Person or Qualified Personnel – those (either the operator’s employees or outside
personnel) who are knowledgeable in the principles and practice of erosion and sediment controls
and pollution prevention, who possess the skills and training to assess conditions at the
construction site that could impact stormwater quality, and the skills and training to assess the
effectiveness of any control measures selected to control the quality of stormwater discharges from
the construction activity.
Reclaimed Water – water that has been treated or processed by a wastewater treatment plant or
an on-site wastewater treatment facility. A.R.S. § 49-201(31).
Routine Maintenance – refers to any maintenance task that is done on a planned and ongoing
basis to identify and prevent problems before they result in equipment failure.
Run-on – stormwater that drains from land located upslope or upstream from the regulated site in
question.
Sediment Control – measures designed to intercept and settle out soil particles that have become
detached and transported by water. Sediment control measur es complement soil stabilization
measures (erosion control).
Semi-Arid – the parts of Arizona that receive an annual rainfall of between 10 and 20 inches.
Site – see “construction site”.
Small Residential Lot – for the purpose of this permit, a lot being developed for residential
purposes that will disturb less than 1 acre of land, but is part of a larger residential project that will
ultimately disturb greater than or equal to 1 acre.
Spill – the release of a hazardous or toxic substance from its contain er or containment (see Part
3.5(5)).
Stabilization – covering or maintaining an existing cover over soil that reduces and minimizes
erosion. The use of vegetative and/or non-vegetative cover to prevent erosion and sediment loss
in areas exposed through the construction process.
Steep Slope - where a state, tribe, local government, or industry technical manual (e.g.,
stormwater BMP manual) has defined what is to be considered a “steep slope”, this permit’s
definition automatically adopts that definition. Where no such definition exists, steep slopes are
automatically defined as those that are 15 percent or greater in grade.
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Storm Event – a precipitation event that results in an amount of precipitation 0.25” or greater.
Stormwater – stormwater runoff, snow melt runoff, and surface runoff and drainage. See 40 CFR
122.26(b)(13).
Stormwater Discharges Associated with Construction Activity – a discharge of pollutants in
stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavating),
construction materials, or equipment storage or maintenance (e.g., fill piles, borrow areas, concrete
truck washout, fueling), or other industrial stormwater directly related to the constructio n process
(e.g., concrete or asphalt batch plants) are located. See 40 CFR 122.26(b)(14)(x) and 40 CFR
122.26(b)(15).
Stormwater Pollution Prevention Plan (SWPPP) – a site-specific, written document that, among
other things: (1) identifies potential sourc es of stormwater pollution at the construction site; (2)
describes control measures to reduce or eliminate pollutants in stormwater discharges from the
construction site; and (3) identifies procedures the operator will implement to comply with the terms
and conditions of this general permit.
Stormwater Team – an individual or group of individuals responsible for oversight of the
development and revisions of the SWPPP, and oversight of compliance with the permit
requirements. The individual(s) on the “Stormwater Team” must be identified in the SWPPP.
Surface Water Quality Standards (SWQS) – Standards adopted for a non-WOTUS protected
surface water pursuant to A.R.S. § 49-221 and, in the case of WOTUS, pursuant to A.R.S. § 49-
222.
Temporary Stabilization – a condition where exposed soils or disturbed areas are provided a
temporary vegetative and/or non-vegetative protective cover to prevent erosion and sediment loss.
Temporary stabilization may include temporary seeding, geotextiles, mulches, and other
techniques to reduce or eliminate erosion until either final stabilization can be achieved or until
further construction activities take place to re-disturb this area.
Topsoil – the uppermost layer of naturally occurring soil for a particular area, and is often rich in
organic matter, biological activity, and nutrients.
Total Maximum Daily Load (TMDL) - means an estimation of the total amount of a pollutant from
all sources that may be added to a protected surface water, while still allowing the protected surface
water to achieve and maintain applicable surface water quality standards. Each total maximum
daily load shall include allocations for sources that contribute the pollutant to the water. Total
Maximum Daily Loads for W aters of the U.S. shall meet the requirements of section 303(d) of the
Clean Water Act (33 USC 1313(d) and regulations implementing that statute to achieve applicable
surface water quality standards.
Toxic Waste – see “Hazardous Materials”
Turbidity – a condition of water quality characterized by the presence of suspended solids and/or
organic material; expressed as Nephelometric Turbidity Units (NTU).
Upstream - The term upstream (or up river) refers to the direction towards the source of the river,
against the direction of flow. Likewise, the term downriver (or downstream) describes the
direction towards the mouth of the river, in which the current flows.
Vegetative Buffer Strips – small areas or strips of land of permanent vegetation, designed to
intercept pollutants and manage other environmental concerns. Vegetative buffers include: riparian
buffers, filter strips, grassed waterways, shelterbelts, windbreaks, living snow fences, contour grass
strips, cross-wind trap strips, shallow water areas for wildlife, field borders, alley cropping,
herbaceous wind barriers, and vegetative barriers.
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Waste Load Allocation (WLA) – the maximum load of pollutants each discharger of waste is
allowed to release into a particular waterway. Discharge limits are usually required for each specific
water quality criterion being, or expected to be, violated. WLAs constitute a type of water quality -
based effluent limitation. (See 40 C.F.R. § 130.2(h))
Waters of the U.S. – protected surface waters that are also navigable waters as defined by Section
502(7) of the Clean Water Act.
WOTUS protected surface water - a protected surface water that is a WOTUS.
Wetland – an area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. A wetland includes a swamp,
marsh, bog, cienega, tinaja, and similar areas. [A.A.C. R18-11-101(49)]
Work Day – a calendar day on which construction activities will take place.
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Acronyms
A.A.C. Arizona Administrative Code
ADEQ Arizona Department of Environmental Quality
A.R.S. Arizona Revised Statute
AZPDES Arizona Pollutant Discharge Elimination System
CFR Code of Federal Regulations
CWA Clean Water Act
MS4 Municipal Separate Storm Sewer System
NOI Notice of Intent
NOT Notice of Termination
NTU Nephelometric Turbidity Units
OAW Outstanding Arizona Water
SAP Sampling and Analysis Plan
SDS Safety Data Sheet
SPCC Spill Prevention Control and Countermeasure
SWPPP Stormwater Pollution Prevention Plan
SWQS Surface Water Quality Standard
TMDL Total Maximum Daily Load
U.S. EPA United States Environmental Protection Agency
USGS United States Geologic Survey
WLA Waste Load Allocation
WOTUS Waters of the U.S.
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APPENDIX B. STANDARD PERMIT CONDITIONS
Standard permit conditions in Appendix B are consistent with the general permit provisions required
under 40 CFR 122.41 and A.A.C. R-18-9-A905(A)(3).
1. Duty to Comply. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(a)(1)
and A.R.S. §§ 49-261, 262, 263.01, and 263.02.]
a. The operator shall comply with all conditions of this permit. For discharges to a
WOTUS, any permit noncompliance constitutes a violation of the Clean Water Act;
A.R.S. Title 49, Chapter 2, Article 3.1; and A.A.C. Title 18, Chapter 9, Article 9, and
is grounds for enforcement action, permit termination, revocation and reissuance, or
revision, or denial of a permit renewal application.
b. The issuance of this permit does not waive any federal, state, county, or local
regulations or permit requirements with which an operator discharging under this
permit is required to comply.
c. The operator shall comply with any effluent standards or prohibitions established
under section 307(a) of the Clean Water Act for toxic pollut ants within the time
provided in the regulations that establish these standards or prohibitions, even if this
permit has not yet been modified to incorporate the requirement.
2. Duty to Reapply / Continuation of the Expired General Permit . [A.A.C. R18-9-A905,
which incorporates 40 CFR 122.41(b) and A.A.C. R18-9-C903]
a. Upon reissuance of the general permit, the operator shall file an electronic Notice of
Intent (NOI) through myDEQ, within the timeframe specified in the new general
permit, and shall obtain new written authorization to discharge from the Director.
a. If the Director does not reissue the general permit before the expiration date, the
current general permit will be administratively continued and remain in force and
effect until the general permit is reissued.
b. Any operator granted authorization to discharge under the general permit before the
expiration date automatically remains covered by the continued general permit until
the earlier of:
i. Reissuance or replacement of the general permit, at which time the operator
shall comply with the NOI conditions of the new general permit to maintain
authorization to discharge; or
ii. The date the operator has submitted an electronic Notice of Termination; or
iii. The date the Director has issued an individual permit for the discharge; or
iv. The date the Director has issued a formal permit decision not to reissue the
general permit, at which time the operator shall seek coverage under an
alternative general permit or an individual permit, or cease discharge.
3. Need to Halt or Reduce Activity Not a Defense. [A.A.C. R18-9-A905(A)(3)(a), which
incorporates 40 CFR 122.41(c)]
It shall not be a defense for an operator in an enforcement action that it would have been
necessary to halt or reduce the permitted acti vity in order to maintain compliance with the
conditions of this permit.
4. Duty to Mitigate. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(d)]
The operator shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human health
or the environment per A.R.S. § 49-255.01(E)(1)(d).
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5. Proper Operation and Maintenance. [A.A.C. R18-9-A905(A)(3)(a), which incorporates
40 CFR 122.41(e)]
The operator shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
operator to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures.
6. Permit Actions. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(f)]
This permit may be modified, revoked and reissued, or terminated for cause. Filing a
request by the operator for a permit revision, revocation and reissuance, or termination, or
a notification of planned changes or anticipated noncompliance does not stay any permit
condition.
7. Property Rights. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(g)]
This permit does not convey any property rights of any sort, or any exclusive privileges,
nor does it authorize any injury to private property or invasion of operatoral rights, nor any
infringement of federal, state, Indian tribe, or local laws or regulations.
8. Duty to Provide Information. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR
122.41(h)]
The operator shall furnish to ADEQ, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit or to determine compliance with this permit. The
operator shall also furnish to ADEQ upon request, copies of records required to be kept by
this permit.
9. Signatory Requirements. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR
122.41(k) and (l); A.A.C. R18-9-A905(A)(1)(c), which incorporates 40 CFR 122.22]
All Notices of Intent (NOI) and Notices of Termination (NOT) must be e -signed in the
myDEQ online permitting system as follows:
a. NOIs:
i. For a corporation: By a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means: a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal business
function, or any other operator who performs similar policy or decision-making
functions for the corporation; or the manager of one or more manufacturing,
production, or operating facilities, provided, the manager is authorized to make
management decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures
to assure long term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures;
ii. For a partnership or sole proprietorship: By a general partner or the proprietor,
respectively; or
iii. For a municipality, state, federal, or other public agency: By either a principal
executive officer or ranking elected official. For purposes of this section, a
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principal executive officer of a federal (or state) agency includes: (1) The chief
executive officer (or director) of the agency, or (2) a senior executive officer
having responsibility for the overall operations of a principal geographic unit of
the agency.
b. All NOTs, reports, including SWPPPs, inspection reports, monitoring reports, and
other information required by this permit must be signed by an operator described in
Appendix B, Subsection 9(a) above or by a duly authorized representative of that
operator. An operator is a duly authorized representative only if:
i. The authorization is made through myDEQ by an operator described in
Subsection 9(a) above;
ii. The authorization specifies either an individual or a position having
responsibility for the overall operation of the site, such as the position of
manager, operator, superintendent, position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for
the company. (A duly authorized representative may be either a named
individual or any individual occupying a named position); and
iii. The signed and dated authorization is included in the SWPPP. A c opy must
be submitted to ADEQ, upon request through myDEQ.
c. Certification. Any operator signing documents under the terms of this permit shall
make the following certification:
I certify under penalty of law that this document and all attachments were p repared
under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gathered and evaluated the information submitted.
Based on my inquiry of the operator or operators who manage the system, or those
operators directly responsible for gathering information, the information submitted is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
10. Inspection and Entry. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR
122.41(i)]
The operator shall allow the Director or an authorized representative upon the
presentation of credentials and such other documents as may be required by law to:
a. Enter upon the operator’s premises where a regulated activity is located or
conducted or where records must be kept under the conditions of this permit;
b. Have access to and copy at reasonable times, any records that must be kept under
the conditions of this general permit;
c. Inspect at reasonable times any facility or equipment (including monitoring and
control equipment), practices or operations regulated or required under this permit;
d. Sample or monitor at reasonable times any substances or parameters at any
location, for the purposes of assuring permit compliance or as otherwise authorized
by A.R.S. Title 49, Chapter 2, Article 3.1, and 18 A.A.C. 9, Articles 9.
11. Monitoring and Records. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR
122.41(j)]
a. Representative Samples/Measurements. Samples and measurements taken for the
purpose of monitoring must be representative of the volume and nature of the
monitored activity.
b. Retention of Records. The operator shall retain records of all monitoring information,
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including all calibration and maintenance records, copies of all reports required by
this permit, and records of all data used to complete the appl ication for this permit,
for a period of at least three (3) years from the date permit coverage ends. Operators
shall submit any such records to the Director upon request. The operator shall retain
the SWPPP developed in accordance with Part 6 of this permit, for at least three (3)
years after the last revision or amendment is made to the plan. The Director may
extend this retention period upon request by notifying the operator in writing at any
time prior to the end of the standard three year retention period.
c. Records Contents. Records of monitoring information must include:
i. The date, exact place, and time of sampling or measurements;
ii. The initials or name(s) of the individual(s) who performed the sampling or
measurements;
iii. The date(s) analyses were performed;
iv. The time(s) analyses were initiated;
v. The initials or name(s) of the individual(s) who performed the analyses;
vi. References and written procedures, when available, for the analytical
techniques or methods used;
vii. The analytical techniques or methods used; and
viii. The results of such analyses.
d. Any operator who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required to be maintained in this permit is subject to the
enforcement actions established under A.R.S. Title 49, Chapter 2, Article 4, which
includes the possibility of fines and/or imprisonment.
12. Reporting Requirements. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR
122.41(l)]
a. Planned changes. The operator shall give notice to the Director as soon as possible
of any planned physical alterations or additions to the permitted site. Notice is
required only when:
i. The alteration or addition to a permitted site may meet one of the criteria for
determining whether a site is a new source in 40 CFR 122.29(b) (incorporated
by reference at A.A.C. R18-9-A905(A)(1)(e)) [Applicable only to discharges to
WOTUS]; or
ii. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which
are subject neither to effluent limitations in the permit, nor to notification
requirements under 40 CFR 122.42(a)(1) (incorporated by reference at A.A.C.
R18-9-A905(A)(3)(b)).
b. Monitoring reports. Monitoring results must be reported at the intervals specified
elsewhere in this permit.
i. Monitoring results must be reported on a Discharge Monitoring Report (DMR)
provided online by ADEQ. Pursuant to Section 7.4, all monitoring data
collected pursuant to Part 7 must be submitted electronically to ADEQ using
the e-Discharge Monitoring Report (e-DMR) form, available at
www.azdeq.gov/mydeq.
ii. If the operator monitors any pollutant more frequently than required by the
permit using test procedures approved under 40 CFR Part 136 unless
otherwise specified in 40 CFR Part 503, or as specified in the permit, the
results of this monitoring shall be included in the calculation and reporting of
the data submitted in the e-DMR (if available), or submitted as a separate
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report.
iii. Calculations for all limitations which require averaging of measurements must
use an arithmetic mean and non-detected results must be incorporated in
calculations as the limit of quantitation for the analysis.
c. Anticipated noncompliance. The operator shall give advance notice to the Director
of any planned changes in the permitted facility or activity that may result in
noncompliance with permit requirements.
d. Twenty-four hour reporting.
i. The operator shall report to ADEQ any noncompliance with this permit which
may endanger human health or the environment. The operator shall orally
notify the office listed below within 24 hours:
Arizona Department of Environmental Quality – Surface Water Protection
602-771-1440
ii. A written submission shall also be provided to the office identified above within
five (5) days of the time the operator becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance and
its cause; the period of noncompliance, including exact dates and times, and
if the noncompliance has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
iii. The following shall be included as information which must be reported within
24 hours under this paragraph.
1) Any upset which exceeds any effluent limitation in the permit.
2) Violation of a maximum daily discharge limitation for any of the pollutants
listed by the Director in the permit to be reported within 24 hours. (See
40 CFR 122.44(g) which is incorporated by reference at A.A.C. R18-9-
A905(A)(3)(d)).
iv. ADEQ may waive the written report on a case-by-case basis for reports under
this subsection if the oral report has been received within 24 hours.
e. Other noncompliance. The operator shall report all instances of noncompliance not
otherwise required to be reported under this subsection, at the time monitoring
reports are submitted. The reports shall contain the information listed in subsection
12(d).
f. Other information. When the operator becomes aware that it failed to submit any
relevant facts or submitted incorrect information in the Notice of Intent or in any other
report to ADEQ, the operator shall promptly submit the facts or information to ADEQ
in myDEQ.
13. Reopener Clause. [A.A.C. R18-9-A905(A)(3)(d), which incorporates 40 CFR 122.44(c)]
ADEQ may elect to modify the permit prior to its expiration (rather than waiting for the new
permit cycle) to comply with any new statutory or regulatory requirements, such as for
effluent limitation guidelines, which may be promulgated in the course of the current permit
cycle.
14. Other Environmental Laws.
No condition of this general permit releases the operator from any responsibility or
requirements under other environmental statutes or regulations. For example, this permit
does not authorize the taking of endangered or threatened species as prohibited by Section
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9 of the Endangered Species Act, 16 U.S.C. 1538. Information regarding the location of
endangered and threatened species and guidance on what activities constitute a taking
are available from the U.S. Fish and Wildlife Service. The operator shall also comply with
applicable State and Federal laws, including Spill Prevention Control and
Countermeasures (SPCC).
15. State or Tribal Law. [Pursuant to A.A.C. R18-9-A904(C)]
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the operator from any responsibilities, liabilities, or penalties established pursuant
to any applicable State or Tribal law or regulation under authority preserved by Section 510
of the Clean Water Act.
16. Severability.
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstance, is
held invalid, the application of the provision to other circumstances, and the remainder of
this general permit shall not be affected.
17. Requiring Coverage under an Individual Permit or an Alternative General Permit.
[Pursuant to A.A.C. R18-9-C902 and R18-9-A909]
a. For discharges to a WOTUS: The Director may require an operator authorized by
this permit to apply for and/or obtain either an individual AZPDES permit or an
alternative AZPDES general permit. For discharges to a non-WOTUS: Discharges
to non-WOTUS protected surface waters, ADEQ may require an operator to obtain
authorization under an Individual AZPDES Permit if the requirements in AR.S. 49 -
255.04(C) are met. Any interested operator may petition ADEQ to take action under
this section. ADEQ may require an operator authorized to discharge under this
permit to apply for an individual permit in any of the following cases:
i. A change occurs in the availability of demonstrated technology or practices for
the control or abatement of pollutants applicable to the point source;
ii. Effluent limitation guidelines are promulgated for point sources covered by the
general permit;
iii. An Arizona Water Quality Management Plan containing requirements
applicable to the point sources is approved;
iv. 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;
v. If the Director determines that the discharge is a significant contributor of
pollutants. When making this determination, the Director shall consider:
1) The location of the discharge with respect to protected surface waters
2) The size of the discharge,
3) The quantity and nature of the pollutants discharged to protected surface
waters, and
4) Any other relevant factors.
b. If an individual permit is required, the Director shall notify the discharger in writing
of the decision. The notice shall include:
i. A brief statement of the reasons for the decision;
ii. An application form;
iii. A statement setting a deadline to file the application;
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iv. A statement that on the effective date of issuance or denial of the individual
permit, coverage under the general permit will automatically terminate;
v. The operator’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
operator has to file a protest challenging the individual permit requirement,
and the name and telephone number of ADEQ contact operator who
can answer questions regarding the appeals process; and
vi. The operator’s right to request an informal settlement conference under
A.R.S. 41-1092.03(A) and 41-1092.06.
c. The discharger shall apply for an individual 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.
d. If the discharger fails to submit the individual permit application within the time period
established in Appendix B, Subsection 17(c) the applicability of the general permit to
the discharger is automatically terminated at the end of the day specified by the
Director for application submittal.
e. Coverage under the general permit shall continue until an individual permit is issued
or denied unless the general permit coverage is terminated under Appendix B,
Subsection 17(d).
18. Request for an Individual Permit. [Pursuant to A.A.C. R18-9-C902]
a. An operator may request an exclusion from coverage of a general permit by applying
for an individual permit.
i. The 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.
ii. The Director shall grant the request if the reasons cited by the operator are
adequate to support the request.
b. If an individual permit is issued to an 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.
19. Change of Operator. [A.A.C. R18-9-C904]
If a change of ownership or operator occurs for a facility operating under a general
permit:
a. Permitted owner or operator. The operator shall submit an electronic Notice of
Termination within 30 days after the new owner or operator assumes responsibility
for the site.
i. The e-Notice of Termination shall include all requirements for termination specified
in the general permit for which the e-Notice of Termination is submitted.
ii. An operator shall comply with the permit conditions specified in the general permit
for which the e-Notice of Termination is submitted until the e-Notice of Termination
is submitted to ADEQ.
b. New owner or operator.
i. The new owner or operator shall submit an e-Notice of Intent to ADEQ within
the time period specified in the general permit before taking over operational
control of, or initiation of activities at, the site.
ii. If the previous permittee was required to implement a stormwater pollution
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prevention plan, the new owner shall develop a new stormwater pollution
prevention plan, or may modify, certify, and implement the old stormwater
pollution prevention plan if the old stormwater pollution prevention plan
complies with the requirements of the current general permit.
iii. The operator shall submit an e-Notice of Termination to ADEQ when:
1) The site ceases construction operations and the discharge is no longer
associated with construction or construction-related activities,
2) The construction is complete and final site stabilization is achieved, or
3) The operator's status changes.
20. Bypass. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(m)]
a. Definitions.
i. Bypass means the intentional diversion of waste streams from any portion of
a treatment facility
ii. Severe property damage means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably
be expected to occur in the absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production.
b. Bypass not exceeding limitations. The operator may allow any bypass to occur that
does not cause effluent limitations to be exceeded, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to the
provisions Appendix B, Subsections 20(c) and 20(d).
c. Notice.
i. Anticipated bypass. If the operator knows in advance of the need for a bypass,
if possible prior notice shall be submitted at least ten days before the date of
the bypass.
ii. Unanticipated bypass. The operator shall submit notice of an unant icipated
bypass as required in Appendix B, Subsection 12(d).
d. Prohibition of bypass.
i. Bypass is prohibited, and ADEQ may take enforcement action against the
operator for bypass, unless:
1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
2) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back -up equipment should have
been installed in the exercise of reasonable industry judgment to prevent
a bypass which occurred during normal periods of equipment downtime
or preventive maintenance; and
3) The operator submitted notices as required under Appendix B,
Subsection 20(c).
ii. ADEQ may approve an anticipated bypass, after considering its adverse
effects, if ADEQ determines that it will meet the three conditions listed above
in this Appendix B, Subsection 20(d).
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21. Upset. [A.R.S. §§ 49-255(8) and 255.01(E), A.A.C. R18-9-A905(A)(3)(a), which
incorporates 40 CFR 122.41(n)]
a. Definition. Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because
of factors beyond the reasonable control of the operator. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
b. Effect of an upset. An upset constitutes an affirmative defense to an action brought
for noncompliance with such technology based permit effluent limitations if the
requirements of Appendix B, Subsection 21(c) are met. No determination made
during administrative review of claims that noncompliance was caused by upset, and
before an action for noncompliance, is final administrative action subject to judicial
review.
c. Conditions necessary for a demonstration of upset. An operator who wishes to
establish the affirmative defense of upset must demonstrate, through properly
signed, contemporaneous operating logs, or other relevant evidence that:
i. An upset occurred and that the operator can identify the cause(s) of the upset;
ii. The permitted facility was at the time being properly operated;
iii. The operator submitted notice of the upset as required in Appendix B,
Subsection 12(d)(iii); and
iv. The operator complied with any remedial measures required under Appendix
B, Subsection 4.
d. Burden of proof. In any enforcement proceeding, the operator, who is seeking to
establish the occurrence of an upset, has the burden of proof.
22. Penalties for Violations of Permit Conditions.
Any permit noncompliance constitutes a violation and is grounds for an enforcement action,
permit termination, revocation and reissuance, revision, or denial of a permit renewal
application.
a. Civil Penalties. A.R.S. § 49-262 provides that any operator who violates any
provision of A.R.S. Title 49, Chapter 2, Article 2, 3 or 3.1 or a rule, permit, discharge
limitation or order issued or adopted under A.R.S. Title 49, Chapter 2, Article 3.1 is
subject to a civil penalty not to exceed $25,000 per day per violation.
b. Criminal Penalties. Any operator who violates a condition of this general permit, or
violates a provision under A.R.S. Title 49, Chapter 2, Article 3.1, or A.A.C. Title 18,
Chapter 2, Article 9 is subject to the enforcement actions established under A.R.S.
Title 49, Chapter 2, Article 4, which may include the possibility of fines and/or
imprisonment.
Town of Oro Valley
Stormwater Quality
Presentation
February 17, 2022
Stormwater Utility Mission
We are here to provide safe and efficient
management of stormwater within the Town
of Oro Valley. Thereby ensuring the
promotion and protection of life, safety,
water quality and the Town's working and
natural environments.
Why have a Stormwater Utility?
Federally mandated by The U.S. Environmental Protection
Agency (EPA) & The Clean Water Act
Administered by the Arizona Department of Environmental
Quality (ADEQ)
Required permits
Municipal Separate Storm Sewer Systems (MS4) permit
National Pollutants Discharge Elimination System (NPDES) General Permit
Construction General Permit (CGP)
Oro Valley Stormwater
Town Adopts Stormwater Code 2001
Stormwater Utility Commission Created 2001
Stormwater Management Plan Created 2002
Stormwater Utility Created 2004
Stormwater Utility Fee Created 2007
Timeline
Stormwater Management Plan Requirements
Public Education & Outreach
Public Involvement & Participation
Illicit Discharge Detection and Elimination
Construction Site Runoff Control
Post -Construction Runoff Management
Municipal Pollution Prevention and Good
Housekeeping
Minimum Control Measure Elements
Public Education
and Outreach
School Outreach
Educational Brochures
Public Involvement
and Participation
Adopt-A Volunteer Programs
Public Christmas Tree Recycling Program
Oro Valley participates in the
regional TreeCycle program
offering residents the
opportunity to recycle their
Christmas trees which are
turned into mulch and used in
our parks
Illicit Discharge Detection
and Elimination
Asset Mapping
Storm Pipes –1,549
Storm Inlets –2,201
Storm Culverts –704
Storm Channels –1,152
Storm Basins -266
Water Quality Sampling
Water Quality Tests We Conduct:
Turbidity
pH
Temperature
Multiple Chemical Compounds Potentially
Washing Off Of The Streets
•(Oil, Grease & Detergents)
Training Opportunities
Construction Site
Runoff Control
Inspecting Your Community
Stormwater Pollution Prevention Program (SWPPP) –Construction Sites
Review SWPPP plans for compliance with Town Code and AZCGP
Routinely inspect construction sites, making sure that runoff control measures such as waddles are in place & working properly, thus keeping contaminants onsite and out of our washes
Post Construction
Runoff Management
Construction Site Closeout
Site Stabilization and ADEQ Notice of Termination
Perform closeout inspections to ensure construction sites are adequately stabilized to minimize long term stormwater pollution. These inspections are used to justify the NOT submitted to ADEQ.
Municipal Pollution Prevention
and Good Housekeeping
Typical Stormwater Activities Include:
Street Sweeping
Construction Site
Inspection
Storm Cleanup
Drainage Channel
Vegetation and Debris
Maintenance
THE
ORGANIZATION
Public Works Department
Stormwater Utility Division Manager
•Compliance With MS4 Permit Program
•Compliance With General Construction Permit Program
•Enforcement of Town Code & Standards
•Assists Director in:
-Development of Strategic Goals & Plans
-Recommendations Regarding Stormwater Issues
-Preparing & Prioritizing the Town’s Capital Improvement
Program
•Coordinates with Operations Division on Maintenance Needs
•Provides Updates & Information to the Stormwater Utility
Commission
Registered Professional Engineer
Reports to Asst. Public Works Director & the Town Engineer
Responsibilities Include:
Senior Stormwater Engineer
•Act As Primary Liaison With ADEQ & EPA Regarding
-Annual MS4 Report
-Preparation of Town Wide Stormwater Management Plan
•Coordinates with PCRFCD, ADWR, & FEMA On
-Floodplain Ordinance Compliance
-Erosion Hazard Ordinance Compliance
-Regulatory Requirements & Updates To Town Code
-Floodplain Mapping & Revisions
•Reviews, Recommends, & Prepares Revisions to Town Standards
•Technical Reviews Of Hydrologic & Hydraulic Reports For Private
Development Projects
•Technical Reviews Of Drainage Plans for Private Development
Projects
•Performs Hydrologic & Hydraulic Studies Drainage Reports &
Concept Designs For In House Projects
Registered Professional Engineer & Certified Floodplain Manager
Reports to Stormwater Utility Division Manager
Responsibilities Include:
Stormwater Utility Project Manager
•Designing Of In House & External Stormwater Infrastructure Projects
•Preparation & Review of Survey Design & Construction Scopes Of Work &
Contracts
-Coordinates with Town Procurement & Legal Staff
•Provides Opinions On Probable Cost Of Construction Projects
•Assists In Preparing & Prioritizing Capital Improvement Program
•Prepares Capital Improvement Proposals For Funding By PCRFCD
•Coordinates With Operations Division & Oversees Stormwater Maintenance
Project Quality
•Participates In Public Meetings & Coordinates With The Public On Stormwater
Issues
Registered Professional Engineer
Reports to Stormwater Utility Division Manager
Responsibilities Include:
Stormwater Utility Analyst
•Inventory & Mapping of Town MS4 Assets
•Organization & Management Of Stormwater Utility Data
•Organizing & Implementing The Public Outreach & Education Program
For The Stormwater Utility
•Assist Senior Stormwater Engineer With Local Floodplain Mapping
•Create Publication Quality Figures & Maps For Proposals & Reports
•Provide Geographic Data & Analysis For Staff Engineers
•Prepare & Update the Stormwater Utility’s Web Page Content
•Create Tools To Efficiently Handle & Automate Everyday Office Tasks
•Assist With Preparation Of Annual MS4 Report & Stormwater
Management Plan Revisions
Geographic Information System Certificate
Reports to Stormwater Utility Division Manager
Responsibilities Include:
Stormwater Utility Inspector
•Inspection of Channels, Culverts, Pipes, Inlets &
Outlets, Ensuring Efficient Stormwater Conveyance.
•Notifying Property Owners Regarding Any Necessary
Maintenance Or Repairs To Their System.
•Testing For Water Quality
•Responding To Citizen Complaints & Questions.
Erosion Control Certificate or Stormwater Inspector Certificate
Reports to Stormwater Utility Division Manager
Responsibilities Include:
Stormwater Utility Office Specialist
•Stormwater Fee Billing and Account Management
•Stormwater Utility Commission Coordinator
•Customer Service
•Vendor Coordination
•Stormwater Web Editor
•General Office Support
Reports to Stormwater Utility Division Manager
Responsibilities Include:
Questions?