(A) All persons engaged in construction activities who are required by federal or state law to submit to EPA and/or ADEQ a notice of intent to comply with an NPDES or AZPDES storm water permit, shall provide the town with copies of the NOI and the NPDES storm water permit issued by ADEQ as one of the pre-conditions for permitting. Construction activities that will disturb one acre or more of land area or smaller land areas if they are part of a larger common plan of development or sale are required to apply for a storm water permit (40 C.F.R. § 122.26(b)(15)).
(B) (1) Any person performing construction shall not cause or contribute to a violation of the AZPDES storm water permit issued to the town. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge.
(2) Any person performing construction shall undertake best management practices to minimize pollutants (including sediments) from leaving the construction site, 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. Site operator shall ensure erosion and sediment control and control waste and properly dispose of wastes, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county, or local authorities.
(3) BMPs are site-specific and are described in the document “Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices” (EPA 832-r-92-005) or other guidance documents available from EPA and/or ADEQ.
(C) If a best management practice is required by the Director 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 receipt of the petition, but during the time a final decision is made, the applicant shall:
(1) Fully observe the aforementioned BMP; and
(2) Abstain from the pollutant-producing activity in question.
(Ord. 2016-02, passed 9-8-2016)