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)

Sec. 26-42. Requirements.

   (a)   Any person who is determined by the manager to have the potential to be a discharger of pollutants can be required to develop and implement a Corrective Action Plan utilizing Best Management Practices (BMPs) to prevent stormwater pollution. Based on site conditions, the manager will determine whether the Corrective Action Plan must be prepared and certified by a qualified person registered with the State of Arizona as a professional engineer, or professional landscape architect; or a qualified person certified by the American Board of Industrial Hygiene, as a certified industrial hygienist.

   (b)   For land disturbing activities that fall under the jurisdiction of this article, a Stormwater Pollution Prevention Plan must be prepared and certified by an engineer, or a landscape architect and submitted along with application for a grading permit to the City of Tucson Development Services Department.

   (c)   Proof of all applicable city, state, and federal permits including supporting documents such as the Stormwater Pollution Prevention Plan, the notice of intent, the notice of termination, and the no-exposure certification shall be maintained on site for inspection by authorized representatives.

   (d)   Any industrial facility or land disturbing activity seeking exemption from AZPDES/NPDES permitting requirements by retaining stormwater discharges on site must submit a hydrologic report certifying adequate containment in a 100 year storm event.

   (e)   Any person that is required to have a Stormwater Pollution Prevention Plan or a Corrective Action Plan utilizing Best Management Practices must post notices to employees containing information about whom to contact and what procedures to follow in the event of an accidental discharge or spill. Dischargers shall have a trained employee or staff member who will be responsible for oversight of any necessary clean up or remediation.

   (f)   In the event of a spill or release, 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 article, shall immediately take all reasonable safety precautions including, if appropriate, calling 911 and completing the following steps:

   (1)   Proceed with containment and clean up in accordance with:

   a.   The orders of an involved health and safety agency, or if no such orders have been issued:

   b.   The orders of an authorized representative, or if no such orders have been issued;

   c.   The Stormwater Pollution Prevention Plan or approved corrective action plan utilizing Best Management Practices for the involved facility.

   (2)   Report any violations of the Tucson Fire Code or other such applicable safety or health codes in the manner required by such code;

   (3)   Notify the Tucson Department of Transportation and Mobility, Stormwater Management Section and the Arizona Department of Environmental Quality of the release by telephone before noon of the next working day;

    (4)   Provide written notification, within five (5) working days, to the Tucson Department of Transportation and Mobility, Stormwater Management Section of the type, volume, cause of the discharge, corrective actions taken, and measures to be taken to prevent future occurrences.

   (g)    Compliance with these requirements shall not relieve the discharger of any fines, penalties, or liability incurred, or that may be imposed by this article or other applicable laws as a result of the discharge. In addition, compliance with these requirements shall not relieve the discharger from the reporting requirements of 40 CFR 110, 40 CFR 117 and 40 CFR 302.

(Ord. No. 10209, § 3, 10-18-05; Ord. No. 11801, § 1, 12-8-20)

Secs. 26-43--26-46. Reserved.