(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)