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Individual Permits
The primary focus of the AZPDES individual permitting program is municipal/domestic and non-domestic (industrial) direct dischargers. The sources of pollutants and the type of discharger determines the type of application forms and information needed.
Most facilities must include Anti-degradation Information with submission.
For regulatory purposes, these sources are generally categorized as either "point" or "nonpoint" sources. Typical point sources include process discharges from publicly owned treatment works, discharges from industrial facilities, and discharges associated with urban runoff. While provisions of the AZPDES program do address certain specific types of agricultural activities (e.g., feedlots, CAFOs), the majority of agricultural facilities are defined as nonpoint sources and are exempt from AZPDES regulations. As a general matter, groundwater is not considered waters of the United States and discharges to groundwater do not require AZPDES permits (See Aquifer Protection Permit Program). The exception to this rule is where a "hydrological connection" exists with a nearby surface water; in these cases, a discharger may be required to apply for an AZPDES permit.
Municipalities receive domestic sewage from residential and commercial customers. Larger publicly-owned treatment works will also receive and treat wastewater from industrial facilities (indirect dischargers) connected to the system. Typical pollutants include conventional pollutants (five-day biochemical oxygen demand (BOD5), TSS, pH, fecal coliform) and may include nonconventional and toxic pollutants depending on the customers on the system.
Nonmunicipal sources, including industrial and commercial facilities, are unique with respect to the types of pollutants generated by the facility. Unlike domestic wastewater, the types of raw materials, production processes, treatment technologies and pollutants discharged vary widely and are facility specific. Once a facility submits the appropriate application, ADEQ develops a permit for that particular facility based on the information contained in the permit application such as type of activity, nature of discharge, and receiving water quality. ADEQ issues the permit to the facility for a specific time period (not to exceed five years) with a requirement that the facility reapply before the expiration date.
A.A.C. R18-9-B901 requires that applications for new discharges be made no later than 180 days before the actual discharge begins. Similarly, applications for permit renewals (for existing dischargers) must be made at least 180 days prior to the expiration of the existing permit. Before an application can be considered administratively complete, ADEQ must know whether the facility has been found consistent with (or not consistent with) the Regional 208 Water Quality Management Plan (WQM). Applicants should consult with their planning agencies to obtain a consistency statement.
General Permits
A general permit covers multiple facilities within a specific category and offers a permitting option for point source discharges having common elements such as:
- Stormwater point sources
- Facilities that involve the same or substantially similar types of operations
- Facilities that discharge the same type of waste or engage in the same types of sludge use or disposal practices
- Facilities that require the same effluent limits, operating conditions, or standards for sewage sludge use or disposal
- Facilities that require the same or similar monitoring
De Minimis
2010 De Minimis General Permit
On April 27, 2010, ADEQ issued an AZPDES general permit (No. AZG2010-001) authorizing De Minimis discharges to waters of the United States (U.S.) The permit, known as the De Minimis General Permit (DMGP), will be effective for a period of five years from the date of issuance. It replaces the previous DMGP (No. AZG2004-001) which was issued March 17, 2004. Changes from the 2004 DMGP are listed in the "Fact Sheet" and "Response to Comments" linked below.
The 2010 DMGP and associated documents are available via the following links:
Printed copies of the documents may be requested by contacting the ADEQ Records Center at (602) 771-4380.
Notices of intent (NOIs) for DMGP coverage of proposed discharges are submitted using the forms linked below. Certain types of discharges do not require NOIs; see "Authorization" section below.
Unless ADEQ notifies the permittee to the contrary, discharges that were authorized and not terminated under the 2004 DMGP remain authorized, provided a new NOI is submitted by August 25, 2010 (120 days after DMGP issuance) and other conditions in DMGP Part III.A.1. are met. The Best Management Practices Plan (BMPP) for the discharge(s) must be updated, as needed, to comply with the 2010 DMGP by July 26, 2010 (90 days after DMGP issuance). Alternately, a Notice of Termination must be submitted if all discharges have ceased, or in certain other circumstances outlined in DMGP Part II.D.2.
DMGP eligibility
The DMGP allows for discharges associated with potable and reclaimed water systems, subterranean dewatering, well development, aquifer testing, hydrostatic testing of specified types of pipelines, residential cooling water, charitable car washes, building and street washing, and dechlorinated freshwater swimming pool drainage. The permit also allows other short-term and/or low volume discharges that have been specifically approved in writing by ADEQ on a case-by-case basis. By definition (DMGP Part VII), De Minimis discharges meet the applicable Surface Water Quality Standards, are generally of limited flow and/or frequency, and do not last continuously for longer than 30 days unless approved in advance by ADEQ.
What discharges need coverage:
Under A.R.S. § 49-255.01, any discharge to waters of the U.S. requires coverage under an AZPDES permit, unless excluded from permit requirements under statute or rule. Discharges made to waters of the U.S. via Municipal Separate Stormwater Sewer Systems (MS4s) or other conveyances also require coverage.
Depending on the nature of the discharge, there may be several options for obtaining AZPDES permit coverage. For discharges that meet DMGP criteria, the DMGP authorization process is normally much simpler and quicker than an application for an individual AZPDES permit. Certain non-stormwater discharges may be allowed under the AZPDES general permits for construction or industrial stormwater. Regardless of which permit option is appropriate, coverage must be in place at the time of discharge.
Discharges which go only to retention basins or other structures outside of waters of the U.S., and have no potential to reach waters of the U.S., do not need AZPDES coverage. Such discharges may, however, require an Aquifer Protection Permit.
Authorization
Discharges included in DMGP Part I.B.6. (residential cooling water, charitable car washes, building and street washing, and dechlorinated freshwater swimming pool drainage) do not require submittal of an NOI or preparation of a BMPP. However, they have DMGP coverage only if they meet the applicable requirements (Parts I.B.6 and II.A.2.a).
Except for discharges included in DMGP Part I.B.6., each DMGP discharge authorization is based on an NOI signed by the appropriate signatory (DMGP Part V. K.). The NOI serves as a commitment by the signatory that there will be compliance with the permit conditions. If the discharge has the potential to enter a regulated MS4 or other publicly or privately-owned conveyance, the applicant must send a copy of the NOI to the conveyance owner. Lists of regulated small and large MS4s can be found on the ADEQ Web site:
http://www.azdeq.gov/environ/water/permits/stormwater.html#ms4
Except for discharges included in DMGP Part I.B.6., authorization under this permit requires the permittee to have and implement a BMPP and to conduct discharge monitoring based on the type of discharge activity and the type of receiving water. The BMPP is required to be submitted along with the NOI in some cases (DMGP Part II.A.).
For discharges requiring an NOI, a Notice of Termination (NOT) must be submitted within 30 days after the covered discharges cease permanently or responsibility for the discharging facility (or group of facilities) is transferred.
Areawide, Project-wide, and Facility-wide coverage
As an alternative to individual NOIs for specific discharges, the DMGP allows persons to obtain coverage of discharges from multiple locations within defined areas such as service areas, project areas, or municipal boundaries (see DMGP Part II.A.4.-6.). For these types of authorizations, a Notice of Termination is submitted only if the permittee wishes to terminate the entire permit coverage (not upon discontinuing use of individual facilities).
De Minimis Forms
Adobe Reader 9.0  and higher is required for correct printing of the "pdf" forms below. These forms can be filled out electronically on-screen and printed out. The two MS Excel forms are electronically fillable with Microsoft Excel 2003 and higher.
Monitoring
Except for discharges included in DMGP Part I.B.6., monitoring must be conducted and recorded for covered discharges according to the provisions of the DMGP and any specific requirements of the authorization issued by ADEQ. Monitoring results, including pre- and post-discharge photographic documentation, are required to be submitted to ADEQ for any discharge lasting more than four days continuously and/or exceeding 0.50 million gallons in any one day. Monitoring results from individual discharges of this duration or volume must be submitted with the NOT. Permittees with ongoing Areawide, Facility-wide, or Project-wide discharge Authorizations are required to compile monitoring results (including photo documentation) for any discharges of this duration or volume conducted prior to Jan. 1, 2013, and to submit the compiled results to ADEQ by Feb. 28, 2013. Numerical data is to be submitted on the De Minimis Discharge Monitoring Report Form.
For further information, please contact:
Arizona Department of Environmental Quality
Lavinia Wright
Water Quality Division - Surface Water Section
1110 West Washington Street, 5260-D
Phoenix, Arizona 85007
(602) 771-4585
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