Loading...
(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)
DIVISION 4.
ENFORCEMENT
ENFORCEMENT
(a) Upon discovery of a violation of this article, authorized representatives may issue to the violator a written notice stating the nature of the violation, the corrective action required, the time frame for corrective action, and the penalties for continued non-compliance. The notice shall be served either by personal service or certified mail, upon the owner, the owner's agent, the occupant, or the lessee. The notice may also require the violator to:
(1) Submit a Corrective Action Plan utilizing Best Management Practices to an authorized representative indicating the cause of the violation, corrective actions to prevent recurrence, and a proposed compliance schedule;
(2) Allow installation and operation of sampling and monitoring devices and pay all costs of installation, as well as costs for laboratory sample analysis, and submit results to the authorized representative;
(3) Clean up any material that has left the property or has the potential to impact stormwater runoff, ensure that the clean up has been completed, and make changes in operations to prevent future violations;
(4) Obtain and pay for the services of a qualified person to provide oversight and certify that corrective actions needed to resolve the violation have been completed;
(5) Prepare and implement a Corrective Action Plan utilizing Best Management Practices to prevent stormwater pollution, regardless of AZPDES/NPDES requirements. Depending on site conditions, the manager may require that the corrective action plan be prepared by a qualified person or prepared and certified by an engineer;
(6) Stop work on clearing, dredging, grading, excavating, storing, transporting, and/or filling of land, new construction, improvements, alterations, or additions;
(7) Stop any activity that is in violation of this article;
(8) Abate, within the time specified in the notice, any condition that is in violation of this article; and
(9) Abate immediately any condition in violation of this article, if the manager determines that such condition presents an immediate threat to public health, safety, or the environment.
(b) Authorized representatives may approve the compliance schedule or Corrective Action Plan utilizing Best Management Practices submitted by the violator, or may require an alternative compliance schedule or Corrective Action Plan utilizing Best Management Practices. This shall be done within the period specified in the notice.
(c) If the manager discovers a condition that the manager determines is likely to cause or is causing a discharge that is in violation of the city's Municipal Stormwater Permit or that threatens public health, safety or the environment, the manager may require an immediate cessation of activity and abatement.
(Ord. No. 10209, § 3, 10-18-05)
(a) The remedies provided in this section are cumulative and the city may seek one or more such remedies.
(1) It is a civil infraction for any person to violate this article or fail to comply with a notice of violation issued under this article.
(2) It is a misdemeanor for any person to violate this article or fail to comply with a notice of violation issued under this article.
(3) Any person violating this article shall be liable to the city for all damages, costs, fines and penalties incurred by the city as a result, and shall defend, indemnify, and hold harmless the city against any resulting claims, liabilities or damages.
(b) Upon a finding that any person has violated this article, the court shall issue an order or, in the case of a criminal conviction, terms of probation, requiring the violator to do any or all of the following as appropriate:
(1) Submit a plan to an authorized representative indicating the cause of the violation, corrective actions to prevent recurrence, and a proposed compliance schedule;
(2) Allow installation and operation of sampling and monitoring devices and pay all costs of installation and laboratory sample analysis, and submit results to the authorized representative;
(3) Clean up any material that has left the property, or has the potential to impact stormwater runoff, ensure that the clean up has been completed, and make changes in operations to prevent future violations;
(4) obtain and pay for the services of a qualified person to provide oversight and certify that corrective actions needed to resolve the violation have been completed;
(5) Prepare and implement a Corrective Action Plan utilizing Best Management Practices to prevent stormwater pollution, regardless of AZPDES/NPDES requirements. 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.
(6) Stop work on clearing, dredging, grading, excavating, storing, transporting, and/or filling of land, new construction, improvements, alterations, or additions;
(7) Stop any activity that is in violation of this article;
(8) Abate, within the time specified, any condition that is in violation of this article; and
(9) Abate immediately any condition in violation of this article, if the condition presents an immediate threat to public health, safety, or the environment.
(c) The City Court of the City of Tucson shall have jurisdiction to issue to any person violating this article the orders specified in this section, and any other orders necessary to insure compliance with this article. The City Court of the City of Tucson shall have jurisdiction to impose upon any person violating this article the terms of probation specified in this section, or any other terms of probation necessary to insure compliance with this article.
(d) If more than one person is identified as the owner of record, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or property. The transfer of ownership, possession, or control of real property to another person does not relieve the transferor of the responsibility for violations of this article that occurred before the transfer.
(Ord. No. 10209, § 3, 10-18-05)