A. Purpose. These regulations establish minimum stormwater management requirements for the management of pollutants that are or may be discharged to the municipal storm sewer system. The purpose is to improve the quality of stormwater discharges and to enable the Town to comply with all applicable state and federal laws.
B. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings set forth in this paragraph. Where noted, the definitions shall correspond with the applicable section of the Arizona revised statutes as amended.
1. ADEQ: Arizona department of environmental quality, regulatory entity of the state of Arizona responsible for administering various federal and state environmental laws and programs, including most water quality programs, air quality, and waste programs.
2. AZPDES permit: Arizona pollutant discharge elimination system - any permit issued by the Arizona department of environmental quality delegated 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 on an individual, group, or general area-wide basis in compliance with the clean water act (CWA).
3. BMPs, best management practices: Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
4. CGP: Construction general permit
5. Common plan of development: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one common plan; 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 marking, etc.) indicating construction activities may occur on a specific plot.
6. Contractor: Synonymous with the term “builder” and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, who, for compensation, undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others to:
a. Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or any other structure or work in connection with the construction.
b. Connect such structure or improvements to utility service lines and metering devices and the sewer line.
c. Provide mechanical or structural service for any such structure or improvements. A.R.S. § 32-1101 (3).
7. CWA, clean water act: The federal water pollution control act, as amended, 33 U.S.C. 1251 et. seq.
8. Developer: Any person, group or entity proposing or constructing a development as defined by the land development code.
9. Discharge: Any pollutant that leaves the site.
10. EPA: The United States environmental protection agency charged with primary enforcement of the clean water act (CWA).
11. Final stabilization: means that either:
a. All soil disturbing activities at the site have been completed and either of the two following criteria are met:
i. A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or
ii. Equivalent permanent stabilization measures (such as riprap, gabions, or geotextiles) have been employed.
b. When background native vegetation will cover less than 100% of the ground (e.g., arid areas, beaches), the 70% coverage criteria is adjusted as follows: if the native vegetation covers 50% of the ground, 70% of 50% (.70 x .50 = .35) would require 35% total cover for final stabilization. On a beach with no natural vegetation, no stabilization is required.
c. For individual lots in residential construction final stabilization means that either:
i. The homebuilder has completed final stabilization as specified above, or
ii. The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization, or
iii. For construction projects 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 “water of the United States,” and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria above.
12. Illicit discharge: Any discharge to a storm drain system that is not composed entirely of stormwater except discharges pursuant to a AZPDES permit, discharges resulting from emergency firefighting activities, and discharges further exempted in subsection 17-16-2 B of this chapter.
13. Monitoring: Periodic or continuous surveillance or testing to determine the level of compliance with statutory requirements and/or pollutant levels in various media or in humans, plants, and animals.
14. MS4, municipal separate storm sewer system: Includes, but is not limited to, those facilities located within the town and owned or operated by a public entity by which stormwater may be collected and conveyed to waters of the United States, including any roads with drainage systems, public streets, inlets, curbs, gutters, piped storm drains and retention or detention basins.
15. NOI: Notice of intent
16. NOT: Notice of termination
17. Owner or operator: The owner or operator of any facility or activity subject to regulation under this code.
18. Person: Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns.
19. Point source: 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 to an MS4. Point source does not include return flows from irrigated agriculture.
20. Pollute: To alter the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or water of the United States.
21. Pollution: Contaminants introduced into the natural environment that cause adverse change, including but not limited to, mechanical fluids, toxic wastes, toxic pollutants, dredged spoil, solid waste, household chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions and munitions casings, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, yard waste, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous, or hazardous substances.
22. Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, placing, leaching, dumping, or disposing into or on any land in a manner that can cause pollution.
23. Stormwater: Stormwater runoff, snow melt runoff, and surface runoff and drainage.
24. SWPPP, stormwater pollution prevention plan: A plan that shows and describes the best management practices that will be used to control the discharge of pollutants from a site.
25. Waters of the United States: Means the same as defined in 33 CFR Part 328, as may be amended.
C. Applicability. This chapter shall apply to all activities which may potentially affect the municipal separate storm sewer system, any private storm sewer system or any water of the United States within the town. Additionally, permanent and temporary stormwater management controls, practices and facilities, constructed as part of any activities listed in this section, which are located within the town limits, are also subject to this chapter.
D. Delegation of authority for administration and enforcement. The town engineer of the town is delegated the authority to exercise the powers and perform the duties set forth in this chapter and to administer and enforce provisions of this chapter. The town engineer may designate other employees to exercise such powers and perform such duties, as he or she deems appropriate.
E. Regulatory consistency. This chapter shall be construed to assure consistency with the requirements of the federal clean water act (CWA) and acts amendatory thereof or supplementary thereto, applicable state or federal implementing regulations, and the municipal AZPDES permit and any amendments, revisions, or reissuance thereof. No permit or approval issued pursuant to this chapter shall relieve a person of the responsibility to secure permits and approvals required for activities regulated by any other applicable rule, code, act, permit, or ordinance. The town shall not certify or defend that the applicant has met the requirements of the federal CWA.
F. Severability. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable.
Ordinance 2021-010 amended paragraphs A., B., C., E. and deleted F., redesignating G. as F.
Ordinance 2022.006 amended Section 17-16-1 B.
A. General Requirements
1. Any person engaged in activities which will or may result in pollutants entering a storm sewer system shall undertake appropriate measures to reduce the potential to discharge such pollutants.
2. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant that may enter the MS4, except where such pollutant is being temporarily stored in properly contained waste receptacles or is part of a well-defined compost system or pursuant to another recycling system.
3. No person shall cause or permit the discharge into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the town any pollutant originating from a dumpster, solid waste bin, or similar container.
B. Prohibition of non-stormwater discharge to the municipal storm sewer system; exemptions
1. Unless expressly authorized or exempted by this chapter, no person shall cause or allow the discharge to a public right-of-way or municipal storm sewer system of any substance that is not composed entirely of stormwater.
2. Unless expressly authorized or exempted by this chapter, no person shall use, store, spill, dump, or dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to stormwater.
3. Exemptions. The following discharges are exempt from the prohibitions set forth in subsections 1 and 2 of this subsection:
a. Dechlorinated waters from water line flushing;
b. Landscape irrigation;
c. Dechlorinated swimming pool discharges;
d. Uncontaminated, non-turbid groundwater or spring water;
e. Individual residential car washing;
f. Uncontaminated pumped groundwater;
g. Discharges related to installation and maintenance of potable water supply systems, including disinfection and flushing activities, discharges resulting from pressure releases or overflows and discharges from wells approved and ADEQ for drinking water use;
h. Foundation or footing drains where flows are not contaminated with process materials, such as solvents;
i. Uncontaminated air condition or compressor condensate;
j. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used;
k. Water from fire-fighting system testing and maintenance, including hydrant flushing;
l. Water, reclaimed water, or process wastewaters that are used for dust control, provided that not reclaimed water or process waters are discharged off site or applied during rain events;
m. Water used for compacting soil, provided reclaimed water or other wastewaters are not used;
n. Routine external building wash down where detergents are not used;
o. Water used for drilling and coring for evaluation of foundation materials where flows are not contaminated with additives;
p. Discharges from emergency firefighting activities;
q. Diverted stream flows;
r. Water from crawl space pumps; and
s. Discharges from riparian habitats and wetlands.
4. No person shall discharge to the municipal storm sewer system any exempted discharge under subsection 3 if the town engineer or assigned designee identifies and provides written notice to the person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or groundwater.
5. No person shall discharge to the municipal storm sewer system where such discharge would result in or contribute to a violation of the AZPDES stormwater permit issued to the town, either separately considered or when combined with other discharges. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge and will be addressed as outlined in the enforcement response plan (ERP).
C. Operating facilities or activities
1. 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 AZPDES stormwater permit shall provide a copy of the authorization certificate to the town upon request. Facilities required to apply for a stormwater permit are identified in 40 CFR 122.23(B) (14).
2. All persons engaged in activities which will or may reasonably be expected to result in pollutants entering the municipal storm sewer system shall submit a SWPPP for review and acceptance by the town, shall provide protection from accidental discharge of pollutants to the municipal storm sewer system, shall comply with the spill notification requirements of this chapter, and shall undertake best management (BMPs) to minimize such pollutants. Such measures shall include any additional requirements imposed by federal, state, county, or local authorities.
3. In the case that a specific best management practice is required by the town to prevent a pollutant from entering the municipal storm sewer system, the person receiving the notice of such a requirement may petition the town to reconsider the application of the BMP to the premises or activity. The written petition must be received within ten calendar days setting forth any reasons and proposed alternatives. The town will act within 14 calendar days of the petition.
4. No person shall establish, use, maintain, or continue any connection to the municipal storm sewer system which is causing a violation of this section. This shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under the law or practices applicable or prevailing at the time of connection as of the effective date of this chapter.
5. If, during the course of activity, a deficiency in the accepted SWPPP is identified. the owner/operator must modify the SWPPP to include additional or modified BMPs designed to correct problems identified. Requirements for corrections to the SWPPP are outlined in the town's enforcement response plan.
6. Operations or activities that have been granted a waiver from developing a SWPPP by ADEQ may still need to submit a SWPPP to the town for review and acceptance.
7. Basins with a retention component may be used as temporary sediment basins during construction provided the following conditions are met:
a. Prior to acceptance, the basin shall be retested for percolation; and
b. Additional measures must be put in place to collect sediment prior to entry into the basin, i.e. the basin must be part of a cascading sediment trapping system.
D. Maintenance of stormwater facilities
1. Property owners or operators shall warrant post-construction stormwater runoff control facilities including but not limited to, retention basins, dry wells, and other measures (as described in 40 CFR 122.34 (B)(5)(III) during the warranty period.
2. Stormwater facilities shall be maintained 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.
3. Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable federal, state, and local laws and regulations.
4. Records of installation and maintenance and repair of facilities referenced in subsection 1 of this section shall be retained by the owner or other responsible party for a period of five years and shall be made available to the public works department upon request.
5. 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.
E. Cleanup and notification requirements
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 owner, operator, or the person who has control of the source or location of any spill or release, which may result in a discharge that is not in compliance with this chapter, shall immediately take all reasonable safety precautions including, if appropriate, calling 911. Within five calendar days, a written notification will be submitted to the town engineer indicating the type, volume, and cause of the discharge along with details of the corrective actions taken to clean up the spill.
2. Compliance with the requirement in subsection 17-16-2 E. 1 shall not relieve the discharger from the reporting requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302.
Ordinance 2021.010 amended Section 17-16-2
Ordinance 2022.006 amended Section 17-16-2
A. Inspections
1. Authority to inspect. Upon presentation of credentials and at all reasonable or necessary hours, all authorized employees of the town shall have access to all premises and to all records pertaining to those premises for purposes of ensuring compliance with this chapter. Inspection, interviewing, copying, sampling, photographing, and other activities conducted on the premises shall be limited to those which are reasonably needed by the town in determining compliance with the requirements of this chapter. All persons shall allow such activities under safe and non-hazardous conditions with a minimum of delay. Inspections of active construction sites will follow the guidelines and schedules of the AZPDES Phase II MS4 permit issued to the town.
2. Monitoring activities. The town may order any person engaged in any activity or owning or operating on any premises which is causing or contributing to discharges of pollutants to the municipal storm sewer system in violation of this chapter or that is posing a risk to public health, safety, and welfare to undertake such monitoring activities and analyses and furnish such reports as the town reasonably may specify. The costs of such activities, analyses, and reports shall be borne in the recipient of the order.
3. Access refusal. If an authorized employee of the town has been refused access to any premises, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect, interview, copy, photograph or sample as part of an inspection and sampling procedure of the town designed to determine compliance with the requirements of this chapter or any related laws or regulations, or to protect the environment and the public health, safety, and welfare of the community, then the town may seek issuance of a search warrant from the town municipal court.
B. Enforcement and penalties.
1. 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 30 days of the inspection.
2. Charges or penalties levied pursuant to this chapter shall be collected and utilized for public education and outreach in compliance with the town's MS4 permit.
3. Operator and/or owner of record. The operator performing activities and/or owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a 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 person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises.
4. Notice to correct. The town may issue a written notice to correct to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice to correct may result in a notice of violation and/or stop work order.
5. Notice of violation. The town may issue a written notice of violation to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the third 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 any other enforcement action, without first issuing a notice of violation. In appropriate situations the town may notify the person orally either in person or by telephone prior to written notification.
6. Consent orders. The town may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document, including an identification and description of the best management practices and measures to utilize in implementing the order. Such documents shall have the same force and effect as any other orders issued under this chapter and shall be judicially enforceable.
7. Stop work order. For projects under construction in the town, if the town finds that a person has violated, or continues to violate, any provision of this chapter or any related laws or regulations, or that the person’s past violations are likely to recur, the town may issue a stop work order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person’s failure to comply with an order issued pursuant to this chapter shall constitute a violation of this chapter.
8. Civil penalties. A person who violates any requirement of this chapter shall be civilly liable to the town for a sum not to exceed $2,500 per day for each violation.
9. Criminal penalties. A person who willfully or negligently violates any provision of this chapter, or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $2,500 per day for each violation and/or by imprisonment for a period not to exceed six months.
10. Criminal prosecution. Some intentional violations may constitute criminal violations of federal, state, and town law, and that under such circumstances, the town may seek the assistance of the EPA, the state, or the town prosecutor to commence civil and/or criminal action against any person who violates any requirement of this chapter.
11. The town may withhold the issuance of permits including but not limited to building permits, native plant permits and grading permits, for the development or improvement on the parcel or any contiguous parcel of land under the ownership of a person or persons in violation of any requirement of this chapter.
12. Liability for costs. The town may assess liability for costs to any person in violation of this chapter for all actual costs incurred by the town in surveillance, sampling and testing, abatement, and remediation associated with a discharge. Additionally, the town may assess liability for costs to any person whose discharge resulted in a violation of the town’s AZPDES stormwater permit.
C. Enforcement response plan adopted.
The Marana stormwater management enforcement response plan (ERP) attached as exhibit A to ordinance no. 2022.006 and approved and adopted by that ordinance, as it may be amended from time to time, is hereby adopted by reference as if fully set out herein.
Ordinance 2021.010 amended Section 17-16-3
Ordinance 2022.006 amended Section 17-16-3