Aquifer Protection Permit (APP)
How can I get my permit faster?
We encourage all applicants to meet with us before submitting an application to resolve issues that may arise early in the process. Permits can be processed more quickly if an application is submitted that is complete and technically sufficient to meet program requirements. You also have the option to request a review of your application by a consultant under contract to ADEQ.
Will ADEQ help me determine if I qualify for a general permit or exemption?
The department will help you determine if the facility qualifies for a general permit or exemption upon request.
The first step is to fill out the Determination of Applicability Form (Revised 07/15/2011) (Word) (PDF). The application fee is $2,000 per request and is non-refundable. Maximum fee is $15,000 as specified under A.A.C. R18-14-102 & 103.
Do I need a permit to close my facility?
Clean closure plans may be approved by ADEQ without issuing a permit for drywells, and facilities that have aquifer protection permits, groundwater protection permits or a notice of disposal on file with the department.
What must be demonstrated to get an individual permit?
There are numerous requirements specified in 18 A.A.C. 9, Article 2. However, the following are the most critical:
- BADCT - The applicant must show that the best available demonstrated control technology (BADCT - pronounced "bad cat") will be used by the facility.
- The applicant must show that aquifer water quality standards will not be violated in the aquifer at a point of compliance as a result of discharge from the facility. If the level of a pollutant in the aquifer already exceeds the AWQS at the time of permit issuance, the aquifer must not be further degraded.
- Financial and technical capability.
Drywells
What is a drywell?
A drywell is a bored, drilled, or driven shaft or hole whose depth is greater than its width and is designed and constructed specifically for the disposal of stormwater.
Who needs to register the drywells?
A person who owns an existing or proposed drywell must register the drywell with ADEQ. Persons registering a drywell must complete a Drywell Registration Form supplied by ADEQ, and submit a registration fee of $100 per drywell. Drywells used in conjunction with golf course maintenance do not need to be registered as they are exempted from regulation under the drywell program. However, any vadose zone injection wells (including drywells) that receive stormwater mixed with reclaimed wastewater or groundwater, or both, from manmade bodies of water associated with golf courses, parks and residential areas must be registered. In this situation, a general permit is issued by statute in lieu of an individual permit, provided that six criteria, including registration, are met (A.R.S. § 49-245.02).
How are drywells regulated?
Drywells can only receive stormwater runoff or discharges that are exempted by A.R.S. § 49-250(23). If other fluids have been directed to the drywell, it is subject to the Aquifer Protection Permit (APP) and/or closure requirements and may be considered an underground injection well that requires both ADEQ and U.S. EPA permitting. Spills to the drywell may also trigger permitting, clean closure or enforcement actions.
Regulations governing drywell operation, etc. are found in A.R.S. § 49-331 through 49-336 (laws regulating drywells), A.R.S. § 49-201(5) (clean closure definition), A.R.S. § 49-241 (permit required to discharge) and A.R.S. § 49-245.02 (general permit for certain discharges associated with manmade bodies of water).
An APP is required for any drywell located in an area where hazardous substances, including motor fuels, are used, stored, treated or loaded. The permitting requirement may not apply if the site plan clearly demonstrates that the site is graded or engineered such that drywell(s) can not receive runoff or spills from chemical handling areas.
For other aspects of the drywell program, the agency has developed guidance which should be followed for drywell construction, maintenance, siting, investigation, decommissioning and closure. The available guidance documents are listed below.
When do APP program requirements apply to drywells?
APP program requirements apply to certain drywells and injection wells for operation and closure. An APP is required for drywells draining areas where hazardous substances are used, stored, loaded or treated. If there is question about the status of a drywell, a determination of applicabilty form is available and may be requested to aid in evaluating regulatory requirements.
Also, general APPs are issued to certain drywells by statute, as provided in A.R.S. § 49-245.02. In addition, certain discharges to drywells in combination with stormwater are exempt from the APP requirements. Eight types of discharges other than storm water are listed in statute (A.R.S. § 49-245 and 49-250(23)).
What about drywells in drainage areas where there are hazardous substances?
The APP requirements apply to drywells that drain areas where hazardous substances are used, stored, loaded or treated. An APP is required to ensure that best management practices are followed and hazardous substances are kept from entering the drywells by using the proper engineering design, physical barriers and procedural controls. An APP application requires information about the design of the drywell and development of a best management plan to protect the drywell. The application process also requires sampling of sediment from the settling chamber of the drywell. Generally, initial testing includes TPH, total metals and organic compounds; however, constituents analyzed should be representative of the chemicals or wastes that are or have been used at the site.
What about drywells in other areas?
If a drywell does not drain areas where hazardous substances are used, stored, loaded or treated, APP program requirements typically do not apply. However, unless specifically exempt by statute, if a facility adds any pollutant to a drywell, it may be classified as an injection well and be subject to permitting. Any drywell that is used for industrial wastewater disposal, either solely or in conjunction with stormwater discharge, is an injection well. APP program requirements apply to operation or closure of injection wells. You should contact the ADEQ Industrial and Drywell Unit if hazardous substances have been detected in your drywell, if unauthorized disposal of waste into the drywell has occurred or if spills of hazardous substances have entered your drywell.
What if I want to close a drywell?
If a facility proposes to close a drywell that has drained areas where hazardous substances are used, stored, loaded or otherwise managed, a clean closure application must be submitted to ADEQ for approval. If the facility can demonstrate clean closure of the drywell per ARS § 49-252, an APP will not be required.
For drywells that have not drained such areas but that have received unauthorized spills, ADEQ may request a clean closure application that addresses necessary investigation and remediation.
A drywell that has never drained areas where hazardous materials have been managed and has received only stormwater discharges can be closed at any time.
Arizona Pollutant Discharge Elimination System (AZPDES)
Who is required to obtain an AZPDES permit?
Anyone who discharges a pollutant from a "point source" to a "navigable" water is required to obtain an AZPDES permit.
What is a pollutant?
Pollutant is broadly defined in A.A.C. R18-9-A901. It can generally be thought to encompass any chemical wastes, biological materials, or constituents discharged to receiving waters. For example, pollutants could include bacteria from wastewater discharges, sediments from construction projects or chlorine from a well development project. Even groundwater redirected to a river could contain pollutants, such as nitrates or metals, and the project could require an AZPDES permit.
What is a navigable water?
A navigable water is another name for a water of the United States. It includes not only oceans, streams, lakes and rivers, but also other water features such as playas, wetlands, intermittent streams and ephemeral washes.
I'm discharging to a dry wash in the desert, do I need a permit?
Yes. Most dry washes are ephemeral - that is water flows in them only in response to a storm event. These washes however are connected with other waterbodies and are considered waters of the United States. Also, often discharges in such areas will create new aquatic communities and attract wildlife, so it is important that the pollutant levels in such discharges are below safe levels.
What types of AZPDES permits are there?
There are individual permits and general permits. For an individual permit, an applicant submits an application form and supporting documentation. The department reviews this information and develops facility specific conditions. Individual permits are issued for facilities like domestic and industrial wastewater treatment plants, discharges from groundwater remediations, water plant filter backwash, etc.
A general permit may be developed when there is a large number of facilities with a similar process and/or similar discharge type. ADEQ will issue a single permit and an applicant may operate under that permit if the applicant agrees to meet all the permit conditions. Typically, applicants will need to file a notice of intent to operate under the general permit. Often they need to develop and implement a pollution prevention plan or best management practices as a condition of the permit.
What type of AZPDES general permits are there?
There are currently general permits for concentrated animal feeding operations (CAFOs), stormwater construction, multi-sector industrial storm water (MSGP), small municipal separate storm sewer systems (MS4s). ADEQ is also working on a general permit for deminimus discharges for short-term discharges of low hazard wastewater such as potable water system flushing and water well development activities.
What application form(s) do I use for an individual permit?
ADEQ has developed AZPDES forms for most application types. They are very similar to the federal forms that have been in place for the NPDES program and have the same names.
- General Application (Form 1) - Used in combination with Forms 2B, 2C, 2D, 2E, and 2F. Form 1 provides basic information such as nature of business, name, mailing address, location, existing permit numbers, etc.
- POTWs and Domestic Wastewater Treatment Works (Form 2A) - Publicly-owned or any other treatment works that treats domestic sewage and currently discharges, is permitted to discharge, or proposes to discharge treated wastewater to waters of the United States.
- Concentrated Animal Feeding Operations (CAFO) and Aquatic Animal Production Facilities (Form 2B) - CAFO and aquatic animal production facilities that currently discharge, are permitted to discharge, or propose to discharge wastewater to waters of the United States. Form 2B must be accompanied by Form 1.
- Renewal Application for Industrial and Commerical Operations that are permitted to discharge Non-domestic Wastewater (Form 2C) - Private or government owners of facilities that currently discharge or permitted to discharge wastewater other than domestic wastewater to waters of the United States. This includes discharges from water treatment plants, groundwater remediation efforts, mining and silvicultural operations, and noncontact cooling waters among others. The form requires detailed information on location of outfalls, sources of intake water, production levels and detailed testing data for pollutants contained in effluent. Form 2C must be accompanied by Form 1.
- Initial Application for AZPDES Permits for Industrial and Commercial Operations that will discharge Non-domestic Wastewater (Form 2D) - Private or government owners of facilities that propose to discharge wastewater other than domestic wastewater (new sources and new dischargers) to waters of the United States. This includes discharges from water treatment plants, groundwater remediation efforts, mining and silvicultural operations, and noncontact cooling waters among others. The form must be accompanied by Form 1.
- Facilities That Do Not Discharge Process Wastewater (Form 2E) - Carwashes, prisons, convenience stores, shopping centers, swimming pools, schools, parks, water treatment plant residues, discharges of remediated groundwater, etc. Form 2E must be accompanied by Form 1.
- Dischargers of Stormwater Associated with Industrial Activity (Form 2F) - Facilities whose discharges are composed of stormwater and non-stormwater must submit Form 2F for their stormwater. Form 2F must be accompanied by Form 1.
- Facilities That Treat Sewage Sludge (Biosolids) (Form 2S) - All POTWs and other facilities that treat domestic wastewater and facilities that do not treat domestic wastewater but treat or dispose of sewage sludge.
What does an AZPDES application entail?
The applicant must submit a complete application that includes the proper application forms and supporting documentation. Typically this will not include detailed engineering designs, but a narrative and drawing that describes the process flow and treatment train. A topographic map, latitude/longitude location of the discharge outfalls, and summary of the discharge data and analytical results are also required for the application.
Your application is not complete unless it is signed by a person in authority. Federal regulations specify who can sign the application. For a municipality, state, federal or other public agency, a principal executive officer or ranking federal official must sign. For corporations, a ranking responsible officer must sign. Note that this responsibility can not be delegated, and consultants involved in preparing the application can not sign the application on behalf of the client.
How long does it take to get an AZPDES permit?
State and federal rules require that if you are going to renew your permit, you must submit an application at least 180 days before the date of expiration. For new sources, you must apply 180 days before construction. It generally takes eight to 10 months to obtain an AZPDES permit, however, if you file your renewal on time, your current permit will be administratively continued and you can continue to discharge under those provisions. If you are a new applicant, you may not discharge until an AZPDES permit is issued for the discharge.
Note that no AZPDES permit can be issued that is inconsistent with a 208 water quality regional plan. To avoid an extended delay in processing your permit, you should ensure that you have contacted your local planning office concerning your plans for your facility.
How will the limits in my permit be developed?
For all AZPDES permits, the department will develop discharge limits based on any applicable federal technological standards and applicable water quality standards. ADEQ must review any applicable technology based standard that applies to the facility operations. U.S. EPA has developed technology based standards for a variety of industry types. These technology based standards specify the type of technology for treatment of the wastewater or a maximum concentration of pollutant in the wastewater or both. In addition, the department has developed water quality standards that apply to the receiving waters and depends on the designated uses of those waters. The permit writer must include limits based on both technology standards where they exist and water quality based standards. Where they conflict, the more stringent discharge limit must be included in the permit.
Are there any fees for AZPDES permits?
Effective July 1, 2011, ADEQ charges fees for the AZPDES permitting program. For individual AZPDES permits, a $2,000 initial fee is required along with your application in accordance with A.A.C. R18-14-103. The permit team assigned to your project will bill at a rate of $122.00 per hour up to the maximum fee applicable to your facility in accordance with A.A.C. R18-14-102. For general permits, flat fees are applied in accordance with A.A.C. R18-14-109. Please see the Permits: Fees Web page for more information.
Who can I talk to if I have questions about the AZPDES program?
We encourage you to write your question in a letter or e-mail and staff from the SWPU will get back to you. It helps us to know the nature of your question to find the best person to assist you. Also, if you need a pre-application meeting, we will be available to meet with you.
Arizona Department of Environmental Quality
Water Quality Division - Surface Water Permits Unit
1110 West Washington Street
Phoenix, Arizona 85007
For more information, please contact Marnie Greenbie - (602) 771-4689
If I have an NPDES permit, do I need an Aquifer Protection Permit (APP) too?
In most cases yes, however, there are a few related exemptions from an APP. For instance, discharges to lined canals, stormwater discharges and discharges from certain regulated remediations do not need an APP. In many cases, your APP and AZPDES permit may have different monitoring requirements and different limits. This is largely because the APP is focused on groundwater protection and AZPDES focuses on surface water. The new statutes for AZPDES, A.R.S. Title 49, Chapter 2, Article 3.1, specifically state that the AZPDES and APP permits shall not be combined into a single permit.
Why does my renewal permit look different than in the past?
Your permit may look different for a number of reasons. First, U.S. EPA recently instructed ADEQ on new methods for calculating discharge limitations. In the past, in Arizona, water quality standards were typically applied at the end of pipe and put in the permit as discharge limits. Now, with the new methods, discharge limits are calculated based on the standards, but the calculations reflect statistical variation of the wastewater discharged and consider the number of samples collected and the consistency of analyses. This new methodology is consistent with the way most other states determine limits for NPDES permits.
A second factor is that new water quality standards have recently been approved in Arizona. The changes eliminated nutrient waivers and revised many of the numerical values, both up and downward, based on the latest toxicological information. Since permit limits are based in part on standards, there will be differences. Additionally, each time a permit is renewed, there is to be a consideration of reasonable potential. An reasonable potential evaluation looks at the available discharge data to determine on a pollutant specific basis, if applicable standards could potentially be exceeded. If they can, the permit must include discharge limitations. If the potential exists, the permit must include discharge limitations for those particular pollutants.
Finally, Arizona has revised the language that we are using in permits to reflect our statutes and rules and to reformat to language that seems clearer to us. U.S. EPA has reviewed and approved the new permit language to ensure it is consistent with the NPDES program.
Who do I report to?
Discharge monitoring report forms should be sent to:
Arizona Department of Environmental Quality
Water Quality Division - Water Quality Data Unit
1110 West Washington Street
Phoenix, Arizona 85007
Annual reports for biosolids/sewage sludge disposal should be sent to:
Arizona Department of Environmental Quality
Biosolids Coordinator
1110 West Washington Street
Phoenix, Arizona 85007
and
Environmental Protection Agency
Biosolids Coordinator
75 Hawthorne Street
San Francisco, California 94105
Monitoring results from special permitting conditions should be sent to:
Arizona Department of Environmental Quality
Water Quality Division - Surface Water Permits Unit
1110 West Washington Street
Phoenix, Arizona 85007
Pretreatment reports should be sent to:
Arizona Department of Environmental Quality
Pretreatment Coordinator
1110 West Washington Street
Phoenix, Arizona 85007
and
Environmental Protection Agency
Pretreatment Coordinator
75 Hawthorne Street
San Francisco, California 94105
If I have an NPDES permit, do I need an AZPDES permit too?
No. If you have a NPDES permit that has not expired, that will serve as your AZPDES permit in Arizona. If that permit is modified, ADEQ may revise the format to reflect an Arizona permit. Otherwise, when your permit comes up for renewal, it will be changed at that time. Per agreements with U.S. EPA and as part of the process for program delegation, ADEQ will be the implementing agency and the enforcement agency for NPDES permits.
General Permit for Stormwater Discharges Associated with Construction Activities
The 1972 amendments to the Federal Water Pollution Control Act, later referred to as the Clean Water Act (CWA), prohibit the discharge of any pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit (including those issued by an authorized state). Efforts to improve water quality under the NPDES program traditionally have focused on reducing pollutants in industrial process wastewater and municipal sewage treatment plant discharges. Over time, it has become evident that more diffuse sources of water pollution, such as stormwater runoff from construction sites, are also significant contributors to water quality problems.
Sediment runoff rates from construction sites are typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. During a short period of time, construction activity can contribute more sediment to streams than can be deposited over several decades, causing physical and biological harm to our nation's waters.
U.S. EPA approved the Arizona Pollutant Discharge Elimination System (AZPDES) program in December 2002. ADEQ is now the permitting authority charged with issuing, compliance and enforcement for all discharges from all construction activities disturbing one acre or more of land. ADEQ issued an AZPDES general permit on Feb. 28, 2003 to cover the discharges of stormwater associated with construction activities that occur within Arizona, but not within Indian Country. This fact sheet outlines the requirements of the construction general permit (CGP), including possible exemptions. Operators may also be subject to requirements in other permits depending on the nature of the operation or discharge.
What is the purpose of the CGP?
The purpose of the construction general permit (CGP) is to protect the quality and beneficial uses of Arizona's surface water resources from pollution in stormwater runoff from construction activities. Under the Clean Water Act and Arizona Revised Statutes, it is illegal to have a point source discharge of pollutants, including stormwater runoff from construction sites, to a water of the United States that is not authorized by a permit. To protect water quality, the CGP requires operators to plan and implement appropriate pollution prevention and control practices for stormwater runoff during the construction period. These best management practices, or BMPs, help control erosion and sediment transport; but also include good housekeeping practices and other controls to reduce construction chemicals and other pollutants.
What types of construction activities may be permitted under the CGP?
Any construction activity that is, or is part of, a "common plan" of development or sale that will disturb one or more acres and has the potential to discharge stormwater to a water of the United States must either have a permit OR have qualified for a waiver. These regulated discharges are broken into two categories: "Large" and "Small". A large construction activity is one that will disturb, or is part of a "common plan" that will cumulatively disturb, five or more acres. (A small construction activity is one that will disturb, or is part of a "common plan" that will cumulatively disturb, one or more acres.)
As used in the CGP, the terms "Construction and construction-related activities" include all clearing, grading, excavation, and stockpiling activities that will result in the disturbance of one or more acres. Construction and construction-related activities refers to actual earth-disturbing construction activities and those activities supporting the construction project such as storage of construction materials, vehicle and equipment storage and maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), and other industrial activities directly related to the construction process (e.g., concrete or asphalt batch plants).
"Disturbance" refers to exposed soil resulting from activities such as clearing, grading, and excavating. Construction activities can include construction, reconstruction, development, or demolition of residential houses, office buildings, industrial sites, roads, bridges, and infrastructure. It does not refer to construction activities unrelated to earth-disturbing activities such as interior remodeling, completion of interiors of structures, etc. "Construction" does not include routine earth-disturbing activities that are part of the normal day-to-day operation of a completed facility (e.g., daily cover for landfills, maintenance of gravel roads or parking areas, landscape maintenance, etc.) or activities under a state or federal reclamation program to return an abandoned facility property to an agricultural or open land use (as opposed to demolition of something in order to build something new).
What is meant by a "Larger Common Plan of Development or Sale"?
A "larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities are occurring under one plan (e.g., the operator is building on three half-acre lots in a 6-acre development). The "plan" in a 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 that construction activities may occur on a specific plot.
Are there construction activities for which a permit is not needed?
If all of the stormwater from the construction activity is captured on-site and allowed to evaporate, or soak into the ground on-site, or is used for irrigation, you do not need a permit. Therefore, to avoid the need for a permit, BMPs must be implemented to keep all stormwater retained on site and be effective under any size storm. If there is a potential for a discharge of pollutants in stormwater (i.e., stormwater runoff) from the construction site, you need to apply for coverage under the CGP to comply with the Clean Water Act and Arizona Revised Statutes.
What does the CGP require?
The CGP requires operators of large or small construction sites to apply for coverage under the CGP and to plan and implement pollution prevention and control practices to minimize pollutants in stormwater runoff during the construction period. It is important to note that, locally, these same sites may be covered by local construction runoff control programs.
ADEQ's CGP requirements are summarized below:
- Submission of a Notice of Intent (NOI) that includes general information and location to closest waterbody;
- The development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) with appropriate BMPs to minimize the discharge of pollutants from the site. The operator must submit the SWPPP along with the NOI if the site is located within 1/4 mile of a unique or impaired waters*; and
- Submission of a Notice of Termination (NOT) when final stabilization of the site has been achieved as defined in the CGP or when another operator has assumed control of the site.
* "Unique waters" are listed in Arizona Administrative Code (A.A.C.) R18-11-112 and "impaired waters" are waters that do not meet designated uses and are listed as such under Section 303 of the Clean Water Act.
What is the definition of an "Operator" of a construction site? How do I know if I am the one that needs to apply for the CGP?
You must apply if you meet either of the two parts of the definition of "Operator" in Part IX of the CGP (page 31). This means you should apply for permit coverage if you have operational control over the construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., owner or developer of project), or you have day-to-day operational control of those project activities that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions (e.g., general contractor). However, where your activity is part of a larger common plan of development or sale, you are only responsible for the portions of the project for which you meet the definition of "operator."
There may be more than one party at a site performing the tasks relating to "operational control." Depending on the site and the relationship between the parties (e.g., owner, developer, general contractor), there can either be a single party acting as site operator and consequently be responsible for obtaining permit coverage, or there can be two or more operators with each needing permit coverage. Exactly who is considered an operator is largely controlled by how the "owner" of the project chooses to structure the contracts with those hired to design and/or build the project. The following are three general operator scenarios (variations on any of the three are possible, especially as the number of "owners" and contractors increases):
- "Owner" as sole permittee. The property owner designs the structures for the site, develops and implements the Stormwater Pollution Prevention Plan (SWPPP), and serves as general contractor (or has an on-site representative with full authority to direct day-to-day operations). The owner can be the only party that needs a permit, in which case everyone else on the site may be considered subcontractors and not need permit coverage.
- "Contractor" as sole permittee. The property owner hires a construction company to design the project, prepare the SWPPP, and supervise implementation of the plan and compliance with the CGP (e.g., a "turnkey" project). Here, the contractor would be the only party needing a permit. It is under this scenario that an individual having a personal residence built for his own use (e.g., not those to be sold for profit or used as rental property) would not be considered an operator. ADEQ believes that the general contractor, being a professional in the building industry, should be the entity who is better equipped to meet the requirements of both applying for permit coverage and developing and properly implementing a SWPPP. However, individuals would meet the definition of "operator" and require permit coverage in instances where they perform general contracting duties for construction of their personal residences.
- Owner and contractor as co-permittees. The owner retains control over any changes to site plans, SWPPPs, or stormwater conveyance or control designs; but the contractor is responsible for overseeing actual earth disturbing activities and daily implementation of SWPPP and other permit conditions. In this case, both parties may need coverage.
However, you are probably not an operator and subsequently do not need permit coverage if:
- You are a subcontractor hired by, and under the supervision of, the owner or a general contractor (i.e., if the contractor directs your activities on-site, you probably are not an operator); or
- Your activities on site result in earth disturbance and you are not legally a subcontractor, but a SWPPP specifically identifies someone other than you (or your subcontractor) as the party having operational control to address the impacts your activities may have on stormwater quality (i.e., another operator has assumed responsibility for the impacts of your construction activities). This particular provision will apply to most utility service line installations.
In addition, for purposes of the CGP and determining who is an operator, "owner" refers to the party that owns the structure being built. Ownership of the land where construction is occurring does not necessarily imply the property owner is an operator (e.g., a landowner whose property is being disturbed by construction of a gas pipeline). Likewise, if the erection of a structure has been contracted for, but possession of the title or lease to the land or structure is not to occur until after construction, the would-be owner may not be considered an operator (e.g., having a house built by a residential homebuilder).
When does an operator have to apply?
Operators/owners of constructions sites must apply for coverage as follows:
- Existing large construction activities must submit NOI and develop SWPPP per new GP before 5/28/03. If the construction activity will be completed before 5/28/03 , the operator is not required to apply for coverage.
- New large construction activities must ensure ADEQ receives the NOI at least two business days before construction starts. (No activities should have started between 2/17/03 and 3/5/03.)
- Existing small construction activities (started before 3/10/03) must submit NOI and develop SWPPP by 5/28/03. If construction activity will be completed before 5/28/03, the operator is not required to apply for coverage.
- New small construction activities (As of 3/10/03) must develop a SWPPP per new GP and ensure ADEQ receives the NOI at least two business days before construction starts.
When is my "permit coverage" effective?
The effective date of coverage depends on several factors.
- Discharge to Unique or Impaired Waters. Applicants with a stormwater discharge (or non-stormwater) that may reach impaired or unique waters are not authorized under the CGP for a minimum of 32 business days following ADEQ's receipt of the NOI and SWPPP. ADEQ may notify operators within this time-frame that there is cause for SWPPP amendment, or denial of coverage as specified in Parts I.D.5 and I.D.6 of the CGP. If notification is not received in the 32 business day time-frame, the operator may assume coverage under the CGP.
- Incomplete NOI. If ADEQ notifies the operator that an NOI is incomplete or incorrect, the operator must resubmit an amended NOI if the operator still intends to obtain coverage under ADEQ's CGP. Whether or not ADEQ notifies the operator of a deficiency in the NOI, discharges are not authorized under the CGP if the operator submits an incomplete or incorrect NOI.
- ADEQ may inform an operator that authorization to discharge stormwater from construction activities (and non-stormwater) will not occur for up to 32 business days in the event that screening of any NOI provides information requiring further evaluation. This notification may be made either in writing, electronically, by fax or phone contact. The notification typically will be made within 2 business days after receipt of the NOI. Operators who receive notice of a delay in coverage may discharge 32 business days after the date the NOI is received unless further notice is received from ADEQ during this time-frame. Such further notice may confirm authorization to discharge or deny permit coverage and require an application for individual permit.
- Except as noted in the first and third examples above, all eligible operators are authorized to discharge stormwater from construction activities under the terms and conditions of the CGP two business days after the date that a complete and accurate NOI is received (see definitions) by ADEQ's Water Quality Division. The requirements in the first and third examples above, do not apply to operators of on-going construction projects that were authorized to discharge under the 1998 construction general permit (63 FR 7858, February 17, 1998 for U.S. EPA Region 9), and that comply with the conditions of Part III.C.2 of the CGP.
If a construction activity does not adversely impact water quality is coverage under ADEQ's CGP still necessary?
Waivers are possible only for discharges of stormwater associated with SMALL construction activity (i.e., construction disturbing less than five acres). Waivers are not available for any construction activity disturbing five acres or less than five acres if part of larger common plan of development or sale, or designated for permit coverage by ADEQ. The exemptions for small construction activity are described in Parts I.E and III.B of the CGP and are based on the provisions at 40 CFR 122.26(b)(15)(i) that ADEQ incorporated by reference at A.A.C. R18-9-A905. Part III.B. states: "
- An operator of a small construction activity may be exempted from obtaining coverage under a stormwater permit based on:
- A "total maximum daily load" (TMDL) determination for the receiving waterbody. See Part III.B.4 of the CGP for how to apply for this waiver.
- A low potential for soil erosion during the active construction phase of the project. Low potential for erosion is defined as a rainfall erosivity (R) factor of less than five as calculated per the Method specified in EPA Fact Sheet 3.1, EPA 833-F-00-014 (which can be accessed from the ADEQ website) or determined by ADEQ's Stormwater SMART NOI System
 . To be granted this exemption, a small construction operator must submit a Permit Waiver Certification form."
Although an operator of a small construction activity may be exempt from applying for CGP coverage, Part I.E.3. of the CGP requires the operator to implement appropriate BMPs to minimize the discharge of pollutants from the site. In the event that discharges from a previously exempt site causes water quality problems, ADEQ may require that the operator obtain coverage under the CGP or an individual permit.
What is involved with a "TMDL" Determination?
A Total Maximum Daily Load (TMDL) is determined for each pollutant for which a waterbody or a segment of a waterbody is impaired (no meeting designated uses). The TMDL process establishes the maximum amount of pollutants a waterbody can assimilate before water quality is impaired, then requires that this maximum level not be exceeded. A TMDL assessment determines the source or sources of a pollutant of concern, considers the maximum allowable level of that pollutant for the waterbody, then allocates to each source or category of sources a set level of the pollutant that it is allowed to discharge into the waterbody. Allocations to point sources are called wasteload allocations.
To allow a waiver for construction activities, a TMDL would need to address sediment, or a parameter that addresses sediment such as total suspended solids, turbidity, or siltation. Additional TMDLs addressing common pollutants from construction sites such as nitrogen, phosphorus, and oil and grease also may be necessary to ensure water quality protection and allow a waiver from the AZPDES stormwater program.
ADEQ expects that when TMDLs are completed, there may be a determination that certain classes of sources, such as small construction activity, would not have to control their contribution of pollutants of concern to the waterbody in order for the waterbody to be in attainment with water quality standards (i.e., these sources were not assigned wasteload allocations). In such a case, to qualify for the TMDL exemption, the operator of the construction site would need to certify that its construction activity will take place, and the stormwater discharges will occur, within the area covered by the TMDL.
Currently, this waiver is of limited use as TMDLs in Arizona have not specifically addressed construction activities; however, this waiver has been included as it has the potential to be of use to operators in the future.
What is involved with determining a site's potential for rainfall erosion?
The second exemption uses the Rainfall Erosivity (R) Factor to determine whether the potential for discharge is low enough to justify a waiver from the requirements. The R-Factor is one of six variables used by the Revised Universal Soil Loss Equation (RUSLE) to predict soil loss from construction sites. (RUSLE was originally used to measure soil loss from agricultural lands at various times of the year on a regional basis.) The Rainfall Erosivity Factor waiver is time-sensitive and is dependent on when during the year a construction activity takes place, how long it lasts, and the expected rainfall and intensity during that time.
Parts I.E. and III.B.1.a. of the CGP specifies that a low predicted rainfall erosivity exists during the period of construction activity when the value of the rainfall erosivity factor is less than five (R < 5). To determine the R value, the operator must use the method described in EPA Fact Sheet 3.1, EPA 833-F-00-014, or the ADEQ "Smart NOI" electronic system will be able to be accessed from the internet and will calculate the values based on operator input of locational data and dates for construction.
The operator must complete a Permit Waiver Certification form to apply for this exemption.
The exemption is void if the construction activity extends past the dates specified in the waiver certification. In this case, Part III.B.3 requires the operator to recalculate the waiver using the original start date and a new ending date. If the R-Factor is still under five, a new waiver certification form must be submitted. If the recalculated R-Factor is greater than five, an NOI must be submitted prior to the end of the waiver period for the operator to be covered by the CGP.
Do I have flexibility in preparing the SWPPP and BMPs for my site? What are some recommended BMPs for construction sites?
SWPPP requirements were designed to allow flexibility to develop the needed stormwater controls based on the specifics of the site. Some of the factors you might consider include: more stringent local development requirements and/or building codes; precipitation patterns for the area at the time the project will be underway; soil types; slopes; layout of structures for the site; sensitivity of nearby water bodies; safety concerns of the stormwater controls (e.g., potential hazards of water in stormwater retention ponds to the safety of children; the potential of drawing birds to retention ponds and the hazards they pose to aircraft); and coordination with other site operators.
The approach and BMPs used for controlling pollutants in stormwater discharges from small construction sites may vary from those used for large sites since their characteristics can differ in many ways. Operators of small sites may have more limited access to qualified design personnel and technical information. Sites may also have less space for installing and maintaining certain BMPs. Structural BMPs such as: mulching, use of inlet protection, or silt fence, and non-structural BMPs such as: minimizing disturbance and good housekeeping, have shown to be efficient, cost effective, and versatile for small construction site operators to implement. Most erosion and sediment controls require regular maintenance to operate correctly. Accumulated sediments should be removed frequently and materials should be checked periodically for wear. Regular inspections by qualified personnel, which can allow problem areas to be addressed, should be performed after major rain events. As is the case with large construction sites, erosion and sediment control at small construction sites is best accomplished with proper planning, installation, and maintenance of controls.
My project will disturb less than one acre, but it may be part of a "larger common plan of development or sale." How can I tell and what must I do?
In many cases, a common plan of development or sale consists of many small construction projects. For example, an original common plan of development for a residential subdivision might lay out the streets, house lots, and areas for parks, schools and commercial development that the developer plans to build or sell to others for development. All these areas would remain part of the common plan of development or sale until the intended construction occurs.
If your smaller project is part of a larger common plan of development or sale that collectively will disturb one or more acres (e.g., you are building on six half-acre residential lots in a 10-acre development or are putting in a fast food restaurant on a 3/4 acre pad that is part of a 20 acre retail center) you need permit coverage. The "common plan" in a 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. You must still meet the definition of operator in order to be required to get permit coverage, regardless of the acreage you personally disturb. As a subcontractor, it is unlikely you would need a permit.
However, where only a small portion of the original common plan of development remains undeveloped and there has been a period of time with no ongoing construction activities (i.e., all areas are either undisturbed or have been finally stabilized), you may be able be re-evaluate your individual project based on the acreage remaining from the original "common plan." A permit is still required if you have between one and five acres left to build out on the original "common plan," but you can treat your project as part of a "small" construction activity and may be eligible for the waivers available for small construction activities (e.g., one of six lots totaling two acres in a 50 acre subdivision can be treated as part of a two-acre rather than a 50-acre "common plan"). If less than one acre remains of the original common plan, your individual project may be treated as part of a less than one acre development and no permit would be required.
When can you consider future construction on a property to be part of a separate plan of development or sale?
After the initial "common plan" construction activity is completed for a particular parcel, any subsequent development or redevelopment of that parcel would be regarded as a new plan of development. For example, after a house is built and occupied, any future construction on that lot (e.g., reconstructing after fire, adding a pool or parking area for a boat, etc.), would stand alone as a new "common plan" for purposes of calculating acreage disturbed to determine if a permit was required. This would also apply to similar situations at an industrial facility, such as adding new buildings, a pipeline, new wastewater treatment facility, etc. that was not part of the original plan.
What if the extent of the common plan of development or sale is contingent on future activities?
ADEQ recognizes that there are situations where you will not know up front exactly how many acres will be disturbed, or whether some activities will even occur with certainty. If you are not sure exactly how many acres will be disturbed, you should make the best estimate possible and may wish to overestimate to ensure you do not run into the situation where you should have a permit, but don't. For example, if you originally estimated less that five acres would actually be disturbed and took advantage of the Rainfall Erosivity Factor waiver, but you actually disturbed 5.5 acres, you would lose your waiver and would have to go through the permit process mid-stream. This could result in delays in obtaining CGP authorization and costs associated with contract changes to implement CGP requirements - in addition to being liable for penalties associated with enforcement action due to any unpermitted discharges.
If you have a long range master plan of development where some portions of the master plan are a conceptual rather than a specific plan of future development and the future construction activities would, if they occur at all, happen over an extended time period, you may consider the "conceptional" phases of development to be separate "common plans" provided the "conceptual phase" has not been funded and periods of construction for the physically interconnected phases will not overlap. For example, a university or an airport may have a long-range development concept for their property, with future development based largely on future needs and availability of funding. A school district could buy more land than needed for a high school with an indefinite plan to add more classrooms and a sports facility some day. An oil and gas exploration and production company could have a broad plan to develop wells within a lease or production area, but decisions on how many wells would be drilled within what time frame and which wells would be tied to a pipeline would be largely driven by current market conditions and which, if any, wells proved to be commercially viable.
What if the "common plan of development or sale" actually consists of non-contiguous separate projects?
There are several situations where discrete projects that could conceivably be considered part of a larger "common plan" can actually be treated as separate projects for the purposes of permitting.
For example:
- A public body (e.g., a municipality, state, tribe, or federal agency) need not consider all their construction projects within their entire jurisdiction to be part of an overall "common plan." For instance, construction of roads or buildings in different parts of a state, city, military base, university campus, etc. can be considered as separate "common plans." Only the interconnected parts of single project would be considered to be a "common plan" (e.g., a building and its associated parking lot and driveways, airport runway and associated taxiways, a building complex, etc.).
- Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed. For example, two oil and gas well pads separated by 1/4 mile could be treated as separate "common plans." However, if the same two well pads and an interconnecting access road were all under construction at the same time, they would need be considered part of a single "common plan" for permitting purposes. If a utility company was constructing new trunk lines off an existing transmission line to serve separate residential subdivisions located more than 1/4 mile apart, the two trunk line projects could be considered to be separate projects.
What are my options for meeting the "final stabilization" criteria?
In most cases, you can terminate CGP coverage as soon as the portion(s) of the project for which you are an operator is finally stabilized. A definition of "Final Stabilization" is in the CGP. Final stabilization is required only of areas that are not otherwise covered by some sort of structure. For the purpose of these discussions, "structure" is not only used in the traditional sense of "buildings," but also to refer to other things built on the ground whose intended purpose would require it to remain in a non-vegetated condition after construction has ended. Examples of "structures" include: buildings, parking lots, roads, gravel equipment pads, sidewalks, runways, etc. All other disturbed areas must be stabilized by either vegetative or non-vegetative practices, except for disturbed areas on agricultural land, (cropland, rangeland, and sivilculture) that will be returned to preexisting agricultural use conditions such as tilled land, grass rangeland and agricultural buffer stip. If a residential homeowner will be installing their own lawn, the operator is only required to perform temporary stabilization. Perennial vegetation could include grasses, ground covers, trees, shrubs, etc. Vegetative final stabilization only requires getting to 70 percent of the "natural" vegetative cover in that part of the country. If the natural cover is only 50 percent, you only have to get back to 35 percent cover (70 percent of 50 percent). Non-vegetative stabilization could include rip-rap, gravel, gabions, etc. Impervious cover such as concrete or asphalt should be avoided as a final stabilization technique. Semi-permanent low or no maintenance erosion control practices combined with seeds that would take hold the next growing season (e.g., properly secured seed impregnated erosion control mats, etc.) could also be used as "final stabilization.
What if the operator(s) changes before the project is completed?
If operational control changes, the old operator submits a Notice of Termination (NOT) and the new operator submits a Notice of Intent before taking over operational control (Part III.C.4 of the CGP). No permit transfers are available under the CGP.
What if earth disturbance is a normal part of the post-construction use of the site?
To trigger the need for a stormwater discharge permit, the earth disturbing activity has to be part of a project to build a structure (e.g., building, road, pad, pipeline, transmission line, etc.) or an existing structure must be demolished for the purpose of building a new one. Earth disturbance that is a normal part of the long-term use or maintenance of the property is not covered by the CGP. For example, re-grading a dirt road or cleaning out a roadside drainage ditch to maintain its "as built" state is road maintenance and not construction. Restoring the original well pad to work over an existing oil or gas well is operational and not construction. Re-grading and re-graveling a gravel parking lot or equipment pad is site maintenance and not construction. Reworking planters that are part of the landscaping at a building is landscape maintenance and not construction. Applying daily cover at a landfill is simply part of operating a landfill and not construction.
How many NOIs must I submit?
You only need to submit one NOI to cover all activities on any one common plan of development or sale. The site map you develop for the stormwater pollution prevention plan identifies which parts of the overall project are under your control. For example, if you are a homebuilder in a residential development, you need submit only one NOI to cover all your lots, even if they are on opposite sides of the development.
Must every permittee have his or her own separate SWPPP or is a joint plan allowed?
The only requirement is that there be at least one SWPPP for a site that incorporates the required elements for all operators, but there can be separate plans if individual permittees so desire. ADEQ encourages permittees to explore possible cost savings by having a joint SWPPP for several operators. For example, the prime developer could assume the inspection responsibilities for the entire site, while each homebuilder shares in the installation and maintenance of sediment traps serving common areas.
When can I terminate CGP coverage? Can I terminate coverage (i.e., liability for permit compliance) before the entire project is finished?
You can submit a Notice of Termination (NOT) for your portion of a site providing: (1) You have achieved final stabilization of the portion of the site for which you are a permittee (including, if applicable, returning agricultural land to its pre-construction agricultural use); (2) another operator/ permittee has assumed control over all areas of the site that have not been finally stabilized for which you are responsible (for example, a developer can pass CGP responsibility for lots in a subdivision to the homebuilder who purchases those lots, providing the homebuilder has filed his or her own NOI); or (3) for residential construction only, you have completed temporary stabilization and the residence has been transferred to the homeowner.
If a project will not be completed before the CGP expires, how can I keep permit coverage?
If the CGP is reissued or replaced with a new one before the current one expires, you will need to comply with whatever conditions the new permit requires in order to transition coverage from the old permit. This usually includes submitting a new NOI. If the permit expires before a replacement permit can be issued, the permit will be administratively "continued." You are automatically covered under the continued permit, without needing to submit anything to ADEQ, until the earliest of:
- The permit being reissued or replaced;
- Submittal of a Notice of Termination (NOT);
- Issuance of an individual permit for your activity; or
- ADEQ issues a formal decision not to reissue the permit, at which time you must seek coverage under an alternative permit.
Stormwater
When do I need an AZPDES stormwater permit?
You need an AZPDES stormwater permit when the discharge:
- Is defined at 40 CFR 122.26
- Discharges pollutants (pollutants as defined in 40 CFR 122.2)
- Discharges through a point source
- Discharges to a water of the United States or a municipal separate storm sewer system (MS4)
The stormwater permit addresses only runoff having origins from a precipitation event, i.e., rain, snow, hail and sleet.
What type of an AZPDES stormwater permit do I need?
- Individual Permits - You need an individual permit when the general permit requirements do not accurately represent the activity at a facility and a permit is customized to the site and if the limitations on coverage section of a general permit does not allow the facility's discharge to be covered within the general permit.
- General Permits - If your activity is of a non-construction nature, such as metal fabricating, sand and gravel mines, or used motor vehicle parts, you may obtain an AZPDES non-construction stormwater permit.
- Construction - If your activity results in the disturbance of one or more acres, or is part of any plan of greater development or sale, you may obtain an AZPDES construction permit.
How do I obtain an AZPDES general permit?
- Contact ADEQ for a permit application
- Prepare a stormwater pollution prevention plan
- Complete the application (notice of intent or individual application)
- Send your documents to ADEQ
How much will it cost?
Effective July 1, 2011, ADEQ charges fees for the AZPDES permitting program. For individual AZPDES permits, a $2,000 initial fee is required along with your application in accordance with A.A.C. R18-14-103. The permit team assigned to your project will bill at a rate of $122.00 per hour up to the maximum fee applicable to your facility in accordance with A.A.C. R18-14-102. For general permits, flat fees are applied in accordance with A.A.C. R18-14-109. Please see the Permits: Fees Web page for more information.
How long will I have to wait?
- General Permits - There is a two business day waiting period after ADEQ receives your application before you can discharge.
- Individual Permits - The waiting period will vary depending upon the complexity of the facility.
Direct Use of Reclaimed Water
When do I need to get a permit?
You need to obtain a reclaimed water individual permit or reclaimed water general permit if you are:
- An owner or operator of a sewage treatment facility that generates reclaimed water for direct reuse
- An owner or operator of a reclaimed water blending facility
- A reclaimed water agent
- An end user
- A person who uses gray water
- A person who directly reuses reclaimed water from a sewage treatment facility combined with industrial wastewater or combined with reclaimed water from an industrial wastewater treatment facility
- A person who directly reuses reclaimed water from an industrial wastewater treatment facility in the production or processing of a crop or substance that may be used as human or animal food
Are there other requirements?
All wastewater treatment facilities providing reclaimed water for reuse must have an individual Aquifer Protection Permit (APP), or amend their existing APP to contain certification for a particular class (A+, A, B+, B, or C) of reclaimed water. The APP requires monitoring and reporting of reclaimed water quality to ensure that effluent limitations for reclaimed water quality classes are met.
Biosolids Frequently Asked Questions
What are biosolids and why are they useful?
Biosolids are nutrient-rich organic by-products resulting from wastewater treatment that can be beneficially recycled. They are not raw human waste. At the wastewater treatment plant, solids are separated from the wastewater and transformed into biosolids through the use of physical, chemical, biological and heat processes. These processes reduce the levels of odor and bacteria in the final product, which undergoes testing to ensure effective treatment before it can be used.
Because biosolids contain essential plant nutrients and organic matter, they can be recycled and added to the soil to increase plant production. Plant nutrients are released gradually as the plants need them during the growing season. Organic matter allows soil to breathe as well as hold more water, which results in decreased water runoff and soil erosion. Currently, 46 states, including Arizona, allow for the beneficial re-use of biosolids in agriculture, forestry, and soil improvement projects. Arizona, also allows the use of biosolids to reclaim open mines and gravel pits. Besides application on farm land, other uses of biosolids include application at plant nurseries, parks, golf courses, home lawns and gardens, and highway medians.
In order for biosolids to be used, they must undergo extensive treatment that has resulted from years of scientific research. They must also meet state and federal quality standards for safe application. The amount of treatment depends on what types of biosolids are being applied. Before biosolids may be land applied, the preparer or applicator must treat the biosolids to reduce pathogens (disease causing organisms) and vector attraction (disease-carrying creatures). Exceptional quality biosolids are biosolids that have been treated with a Class A pathogen reduction method and a vector attraction reduction method and meet pollutant concentrations for 10 metals specified in A.A.C. R18-9-1006, R18-9-1010, and R18-9-1005, respectively. Because of the extensive treatment, exceptional quality biosolids, in most cases, are not subject to state requirements for management practices or site restrictions. Biosolids that are not exceptional quality biosolids must have been treated using either a Class A or B pathogen reduction method and a vector attraction reduction method unless the applicator takes steps to reduce the attraction for vectors. Biosolids that are not exceptional quality biosolids are subject to management requirements and site restrictions such as application setbacks, buffer zones and tilling into the soil soon after application. Treated biosolids have significantly fewer pathogens than animal manure.
How many application sites are in Arizona?
Biosolids were applied to approximately 200 application sites within Arizona during 2000. These sites compose more than 11,000 acres.
When were federal biosolids regulations developed?
U.S. EPA first developed biosolids management regulations under the 1972 Federal Water Pollution Control Act. In 1977, Congress amended the act to develop regulations containing guidelines to identify alternatives for biosolids use and disposal, identify concentrations of pollutants that would interfere with each use and specify what factors must be accounted for in determining the methods and practices applicable for each identified use. In 1987, Congress established a timetable for developing biosolids use and disposal guidelines. U.S. EPA promulgated the standards for the use and disposal of sewage sludge (Code of Federal Regulations, Title 40, Part 503) in 1993.
When were Arizona biosolids regulations developed?
Arizona's rules on biosolids (18 A.A.C. 9, Article 10) initiates standards to be used when biosolids are applied to the land as a fertilizer or a beneficial soil amendment. The standards establish biosolids quality and management practices that protect the public health and the environment.
ADEQ registers sites using the applications submitted by people who wish to apply biosolids. ADEQ also reviews annual reports submitted by the applicators to ensure compliance with state rules and responds to public inquiries about the use and application of biosolids. Biosolids annual reports are due to ADEQ by February 19 of each year.
How do I register to apply biosolids in Arizona?
Those interested in applying biosolids in Arizona must complete a biosolids land application and supplemental request form. In addition to the information on the form, the applicator must submit proof of public notice of the potential use of the site for land application of biosolids. See A.A.C. R18-9-1004(C)(5)(g).
Biosolids Land Application and Supplemental Request Form
The applicator must complete and submit the form to ADEQ and receive registration notification from ADEQ before applying biosolids on any land application sites. The completed registration package must be submitted to:
Arizona Department of Environmental Quality
Biosolids Coordinator
Water Quality Division - Water Quality Compliance Section
1110 West Washington Street
Phoenix, Arizona 85007
Pretreatment
What is pretreatment?
Pretreatment is any biological, chemical, or physical treatment process applied to an industrial wastewater stream before it is mingled with sanitary wastewater and/or released into a sanitary sewer collection system for ultimate treatment at a centralized treatment works. The Arizona Pretreatment Program is based on the federal Pretreatment program described at 40 Code of Federal Regulations (CFR) Part 403. This program applies only to discharges to sanitary sewer collection systems that ultimately reach a publicly-owned treatment works (POTW).
What is an Industrial User?
An industrial user (IU) is a source of indirect discharge (A.R.S. 49-255(4)). Indirect discharge means the introduction of pollutants into a POTW from any nondomestic source that is regulated under the Clean Water Act (A.R.S. 49-255(3)). An IU is any industrial or commercial facility that discharges its "waste water" from industrial or nondomestic processes into the sewer system.
What substances are prohibited from discharging to a sewer?
Prohibited substances to the sewer collection system include: substances with extreme pH, heavily-concentrated metal solutions, solvents, flammable liquids, and toxic chemicals (i.e., pesticides, herbicides).
Why must we have a state pretreatment program?
Pretreatment is an integral component of the federal NPDES permit program and now the Arizona Pollutant Discharge Elimination System (AZPDES) to protect the "waters of the U.S." Pretreatment protects the infrastructure investment (i.e., treatment plant and collection system pipes, pumps, valves and other appurtenances) from physical damage (i.e., corrosion from low pH,); protects the operation & maintenance (O&M) workers health and safety; and protects the centraliralized treatment plant operation process from upset, interference, and/or pass-through. Lastly, pretreatment protects the quality of the biosolids produced by the centralized treatment works to meet the standards for beneficial reuse.
What is up-set, interference and pass-through?
There are four situations that may require the POTW to initiate a pretreatment program regardless of plant flow rate. In addition to plant up-set, interference, and pass-through, the production of a poor quality biosolids that cannot meet beneficial reuse criteria, may each, individually require the POTW to take action to protect the utility from the sewer system users.
The most commonly used secondary treatment processes (activated sludge) at centralized wastewater treatment plants in North America today are biological in nature. Huge populations of microorganisms are concentrated in a controlled environment to remove the pollutants from the wastestream prior to final disposal. Just as in nature, the biological organisms are susceptible to environmental, potentially lethal conditions (i.e., extreme pH, concentrated heavy metals, and toxic chemicals). Should the influent to a biological treatment process exceed the normally satisfactory environment in which the microorganisms thrive, there can be immediate, lethal effects to the biological community, resulting in inadequate treatment.
If the cause lasts for a short duration (i.e., a slug-load release from a batch-release, chrome plating operation), the effect may be at least acute, (the microbe population not being entirely killed off), with recovery occurring. This situation describes a treatment plant process "up-set" condition, and may require a short period (i.e., 7 to 10 days), for the process to recover to its normal treatment efficiency. However, if the influent environmental factors remain outside the normal operational range for an extended period, it becomes a chronic condition, and the microbial population may not recover its normal treatment operational efficiency. In such a situation, the degraded treatment process is said to be experiencing, "interference." Unchecked, this condition may carry-on until the POTW final effluent further degrades and exceeds the permitted effluent limits. When this occurs, the treatment plant has violated its operating permit and is liable for possible ADEQ enforcement actions.
Should the situation include heavy metals or other pollutants such as organic chemicals, the accumulated pollutant concentrations in the biosolids may exceed allowable standards and prevent the beneficial reuse of the biosolids. In some cases, the biosolids accumulated levels of toxic chemicals may even be defined as, a "hazardous waste." The disposal costs for hazardous wastes will likely far exceed the disposal costs for the beneficial reuse for the biosolids.
What will the department do about industrial pretreatment for satellite collection systems?
The department, (through the SPC), is evaluating how these satellite collection systems (sewer collection systems that deliver sewerage from an area outside the political jurisdiction where the centralized treatment plant is located), are being regulated at present by U.S. EPA and other states where the NPDES authorization has already been delegated. The Arizona implementation will be consistent with both the federal and other state-delegated programs. Even with NPDES program approval, Arizona will still refer the issues relative to the tribal lands satellite collection systems to the U.S. EPA, due to their sovereign nation status. Regarding the non-tribal satellite collection systems such as the Sub-Regional Operating Group (SROG) , the NPDES Permittee (Phoenix) will remain the central focus of the SPC attention. Nevertheless, each of the Multi-Cities operating satellite collection systems (i.e., the cities of Mesa, Tempe, Scottsdale, Peoria and Glendale) in their own jurisdiction, will be evaluated independently by the SPC, for compliance with the requirements of each approved IPP. Each satellite collection system should be subject to the POTW permitted control authority conditions for the treatment provided through either a negotiated permit or contract.
Is there a means to protect the POTW from home-based businesses which may violate pretreatment standards?
ADEQ encourages municipalities to develop an education and outreach program to notify homeowners of the prohibitions. If resources allow, municipalities may wish to set up "monitoring" programs at key locations in your sewer system to determine the quality of the sewage from isolated areas.
As used in the pretreatment program, is it correct to include "privately owned treatment works" along with "publicly owned treatment works"?
No. Do not include privately owned treatment works in the same category as publicly-owned treatment-works (POTW) when discussing pretreatment. Privately-owned plants do not get the same "privileges" as a POTW. Particularly, the Domestic Sewage Exclusion regarding the receipt of hazardous waste. The generic term of privately owned treatment works can mean the industrial treatment process at an industrial plant as well as the sewage plant at that industry.
A privately owned sewage plant also goes by the generic term, "Treatment works treating domestic sewage" or "TWTDS." "TWTDS" is defined in 40 CFR 122.2 and includes both publicly-owned and privately-owned sewage plants. 40 CFR 403.3(o) defines POTW (Publicly-Owned Treatment Works or "POTW"). This term includes all of the collection system as well as the plant and storage facilities. 40 CFR 403.3(p) defines "POTW Treatment Plant" to mean just the treatment, recycling, and reclamation part of the system, i.e., not the conveyance systems. 40 CFR 122.2 contains definitions for "Publicly-owned treatment works," "Privately-owned treatment works," and "TWTDS." The POTW definition in 40 CFR 122 refers you back to 40 CFR 403. The definition for "Privately owned treatment works" includes the clause, "not a POTW."
What is the Domestic Sewage Exclusion?
The Domestic Sewage Exclusion (DSE) - RCRA Section 1004(27) - codified in 40 CFR 261.4(a)(1) - provides that solid or dissolved material in domestic sewage is not a solid or a hazardous waste under RCRA. The exclusion allows industries to discharge hazardous wastes to POTW sewers containing domestic sewage without having to comply with many RCRA requirements, such as manifesting and reporting, that otherwise apply to facilities that generate hazardous waste. Moreover, POTWs receiving DSE wastes are not deemed to receive hazardous wastes and, therefore, are not subject to RCRA requirements for hazardous waste treatment, storage, and disposal facilities (TSDFs).
How will the ADEQ define the term, "significant noncompliance" (SNC)?
ADEQ adopted the entire federal pretreatment rule (40 CFR 403) by reference (R18-9-A905 and R18-9-A906). The U.S. EPA defines "significant noncompliance" [40 CFR 403.8(f)(2)(vii)] as, "a violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under paragraph (f)(1)(vi)(B) of this section." The ADEQ definition is the same as the above U.S. EPA definition.
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