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