The 1972 Amendments to the Federal Water Pollution Control Act (commonly known as the Clean Water Act, CFR Title 40) prohibit the discharge of any pollutant to waters of the United States from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. The United States Environmental Protection Agency (EPA) mandates that construction sites and "common plans of development or sale" that disturb five or more acres of land, must control pollution from storm water discharges. These activities are typically governed under the NPDES Construction General Permit. The town is not responsible for identifying or enforcing any EPA regulations regarding the development of private property. It is the responsibility of the developer or contractor to follow such regulations. It shall be the property owner's or contractors responsibility to ensure that all regulations have been complied with and that all appropriate permits have been obtained prior to construction. All projects that fall under these regulations must prepare a Storm Water Pollution Prevention Plan (SWPPP), and file a Notice of Intent in accordance with state and federal regulations prior to commencing construction activities. The time frames and content of the regulations are subject to change; therefore, the responsible party should stay informed regarding these regulations. Information regarding preparation of an SWPPP can be found on ADEQ's Internet site at: http://www.adeq.state.az.us/ environ/water/permits/links.html. It is suggested that the checklist available on the ADEQ Internet site be used in preparation of an SWPPP. Information on the EPA regulations can be found on the EPA Internet site at: http://www.epa.gov/owm/cgp.htm.
(Res. 1637, passed 2-28-02; Am. Res. 2871, passed 9-17-15; Am. Ord. 872, passed 9-17-15)