(A) All persons owning or operating premises or engaged in activities who are required by federal or state law to submit to EPA and/or ADEQ a notice of intent (NOI) to comply with an NPDES or AZPDES storm water permit shall provide a copy of such notice to the Director upon request. Facilities required to apply for a storm water permit are identified in 40 C.F.R. § 122.26(b)(14).
(B) All persons engaged in activities which will or may reasonably be expected to result in pollutants entering the public storm drain system shall institute best management practices (BMPs) to minimize such pollutants, shall provide protection from accidental discharge of pollutants to the public storm drain system and comply with the cleanup and notification requirements of this chapter. Such measures shall include the requirements imposed by federal, state, county, or local authorities. BMPs are site-specific and are described in the document “Storm Water Management for Industrial Activities: Developing Pollution Prevention plans and Best Management Practices” (EPA 832-r-92-006) or other guidance documents available from EPA and/or ADEQ.
(C) If a best management practice is required by ADEQ’s standards to prevent a pollutant from entering the public storm drain system, the person receiving the notice of such a requirement may petition the Director to reconsider the application of the BMP to the premises or activity. The written petition must be received within ten working days setting forth any reasons and proposed alternatives. The Director will act within 30 days of the petition, but during the time a final decision is made, the applicant shall:
(1) Fully observe the aforementioned BMP; or
(2) Abstain from the pollutant-producing activity in question.
(Ord. 2016-02, passed 9-8-2016)