Sec. 26-34. Authority to inspect.

Authorized representatives may inspect properties that discharge or are suspected of discharging. Inspections may include reviewing records, reports and test results, conducting site surveys, and examining any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. Inspection methods may include photographing, videotaping, or collecting samples for analytical analysis, from any part of the site or from any materials present on the site.

(Ord. No. 10209, § 3, 10-18-05)

Sec. 26-35. Authority to monitor.

Authorized representatives may conduct all monitoring and sampling necessary to ensure compliance with this article and may establish such devices as are necessary to conduct such sampling or monitoring. Such devices shall be installed and operated so as to minimize impact to the owner and occupant of the property.

(Ord. No. 10209, § 3, 10-18-05)

Sec. 26-36. Authority to abate.

If a person in violation of this article fails to comply with an order to abate or a notice of violation with a requirement to immediately abate, the city may abate the problem itself or by private contractor, and assess the responsible party for the cost of such abatement including expenditure of city resources.

(Ord. No. 10209, § 3, 10-18-05)

Secs. 26-37--26-39. Reserved.

DIVISION 3. PROHIBITIONS, NON-PROHIBITED DISCHARGES, AND REQUIREMENTS

Sec. 26-40. Prohibited discharges.

The following are prohibited:

   (1)   Any discharge that is a source of pollutants;

   (2)   Allowing or causing any discharge that contributes a pollutant to stormwater;

   (3)   Any discharge that contributes to a violation of the city's Municipal Stormwater Permit, regardless of whether that discharge is covered under, and is in compliance with, an AZPDES/NPDES permit;

   (4)   Establishing, using, and/or maintaining any connection that allows a discharge that contributes a pollutant to stormwater;

   (5)   Depositing, dumping or storing any materials in a manner that may contribute a pollutant to, or obstruct the flow of, stormwater;

   (6)   Failing to comply with any applicable AZPDES/NPDES Permit, including any permit requirements to develop, implement, or comply with a Stormwater Pollution Prevention Plan (SWPPP);

   (7)   Failing to provide required information to the city including:

   a.   Copies of the notice of intent, notice of termination, and/or no exposure certification as appropriate;

   b.   Upon request, copies of the SWPPP, water quality monitoring results and/or hydrologic reports certifying compliance with discharge or retention requirements;

   (8)   Failing to develop, implement, or comply with a Stormwater Pollution Prevention Plan or a Corrective Action Plan utilizing Best Management Practices that is either required under an AZPDES/NPDES permit or imposed by the city pursuant to this article, including requirements to implement good housekeeping, spill control and response, employee training, record keeping, proper material and waste management, practices for nonstormwater flows, and structural stormwater controls;

   (9)   Misrepresentation in any document pertaining to an approved plan, permit, or certification relating to a discharge activity; and

   (10)   Disabling or rendering inaccurate any sampling or monitoring device required under this article.

(Ord. No. 10209, § 3, 10-18-05)

Sec. 26-41. Non-prohibited discharges.

The following types of discharges are not prohibited under this article unless they are found to be a source of pollutants:

   (1)   Discharges in compliance with an AZPDES/NPDES permit;

   (2)   Discharges in compliance with an approved Corrective Action Plan utilizing Best Management Practices.

   (3)   Discharges of the following types of naturally occurring water are not prohibited:

   a.   Stormwater;

   b.   Rising groundwater;

   c.   Springs and ponds;

   d.   Diverted stream flow;

   e.   Flows from riparian habitats and wetlands; and

   f.   Pumped unpolluted groundwater.

   (4)   Discharges that qualify for the AZPDES De Minimus General Permit are not prohibited as long as these discharges are in compliance with the permit. Qualifying discharges include:

   a.   Discharges from installation and maintenance of potable water supply systems;

   b.   Discharges from subterranean dewatering;

   c.   Discharges from well development and maintenance and/or aquifer testing;

   d.   Discharges of groundwater, surface water or potable water from hydrostatic testing;

   e.   Discharges of groundwater, surface water or potable water associated with installation and maintenance of reclaimed water system transport discharges;

   f.   Discharges from residential non-contact cooling water (including overflow from air conditioning condensate and evaporative coolers);

   g.   Discharges from charitable noncommercial car washes when only the exterior of vehicles are being washed with water only or when biodegradable soap is used;

   h.   Discharges from building or street washing where only water or biodegradable soaps are used;

   i.   Discharges of dechlorinated pool water; and

   j.   Other de minimus discharges as specifically approved by ADEQ.

   (5)   Additional types of discharges, which do not contribute to a violation of the city's Municipal Stormwater Permit may be allowed upon submittal of a copy of the discharger's written authorization from the Arizona Department of Environmental Quality or the Environmental Protection Agency. Such authorization shall be submitted to the city prior to the time of discharge, and must be retained for at least three (3) years after the last discharge made pursuant to the authorization.

(Ord. No. 10209, § 3, 10-18-05)