reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - GENERAL REQUIREMENTS › Section R18-9-A905 - AZPDES Program Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Except for subsection (A)(11), the following 40 CFR sections and appendices,
				  amended as of April 15, 2023, as they apply to the NPDES program, are
				  incorporated by reference, do not include any later amendments or editions of
				  the incorporated matter, and are on file with the Department:
1. General program requirements.
a.
												40 CFR
				  122.7;
b.
												40
				  CFR 122.21, except
				  40
				  CFR 122.21(a) through (e) and
				  (l);
c.
												40
				  CFR 122.22;
d.
												40
				  CFR 122.26, except
				  40
				  CFR 122.26(c)(2), and
				  40
				  CFR 122.26(e)(2);
e.
												40 CFR
				  122.29;
f.
												40
				  CFR 122.32;
g.
												40
				  CFR 122.33;
h.
												40 CFR
				  122.34;
i.
												40
				  CFR 122.35;
j.
												40
				  CFR 122.62(a) and
				  (b).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - GENERAL REQUIREMENTS › Section R18-9-A906 - General Pretreatment Regulations for Existing and New Sources of Pollution

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  reduction or alteration of a pollutant may be obtained by physical, chemical,
				  or biological processes, process changes, or by other means, except as
				  prohibited under
				  40 CFR
				  403.6(d), which is
				  incorporated by reference in
				  R18-9-A905(A)(8)(b).
				  Appropriate pretreatment technology includes control equipment, such as
				  equalization tanks or facilities, for protection against surges or slug loading
				  that might interfere with or otherwise be incompatible with the POTW. However,
				  if wastewater from a regulated process is mixed in an equalization facility
				  with unregulated wastewater or with wastewater from another regulated process,
				  the effluent from the equalization facility shall meet an adjusted pretreatment
				  limit calculated under
				  40 CFR
				  403.6(e), which is
				  incorporated by reference in
				  R18-9-A905(A)(8)(b).
B. Pretreatment applies to:
1. Pollutants from non-domestic sources
				  covered by pretreatment standards that are indirectly discharged, transported
				  by truck or rail, or otherwise introduced into POTWs;
2. POTWs that receive wastewater from sources
				  subject to national pretreatment standards; and
3. Any new or existing source subject to
				  national pretreatment standards.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - GENERAL REQUIREMENTS › Section R18-9-A907 - Public Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. Individual
				  permits.
1. The Director shall publish a
				  notice that a draft individual permit has been prepared, or a permit
				  application has been tentatively denied, in one or more newspapers of general
				  circulation where the facility is located. The notice shall contain:
a. The name and address of the
				  Department;
b. The name and address
				  of the permittee or permit applicant and if different, the name of the facility
				  or activity regulated by the permit;
c. A brief description of the business
				  conducted at the facility or activity described in the permit
				  application;
d. The name, address,
				  and telephone number of a person from whom an interested person may obtain
				  further information, including copies of the draft permit, fact sheet, and
				  application;
e. A brief description
				  of the comment procedures, the time and place of any hearing, including a
				  statement of procedures to request a hearing (unless a hearing has already been
				  scheduled), and any other procedure by which the public may participate in the
				  final permit decision;
f. A general
				  description of the location of each existing or proposed discharge point and
				  the name of the receiving water;
g.
				  For sources subject to section 316(a) of the Clean Water Act, a statement that
				  the thermal component of the discharge is subject to effluent limitations under
				  the Clean Water Act, section 301 (
				  33 U.S.C.
				  1311 ) or 306 (
				  33 U.S.C.
				  1316 ) and a brief description, including a
				  quantitative statement, of the thermal effluent limitations proposed under
				  section 301 (
				  33 U.S.C.
				  1311 ) or 306 (
				  33 U.S.C.
				  1316 );
h. Requirements applicable to cooling water
				  intake structures at new facilities subject to 40 CFR 125, subpart I;
				  and
i. Any additional information
				  considered necessary to the permit decision.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - GENERAL REQUIREMENTS › Section R18-9-A908 - Public Participation, Epa Review, Epa Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Public comment period.
1. The Director shall accept written comments
				  from any interested person before a decision is made on any notice published
				  under
				  R18-9-A907(A) or
				  (B).
2. The public comment period begins on the
				  publication date of the notice and extends for 30 calendar days.
3. The Director may extend the comment period
				  to provide commenters a reasonable opportunity to participate in the
				  decision-making process.
4. If any
				  data, information, or arguments submitted during the public comment period
				  appear to raise substantial new questions concerning a permit, the Director may
				  reopen or extend the comment period to provide interested persons an
				  opportunity to comment on the information or arguments submitted. Comments
				  filed during a reopened comment period are limited to the substantial new
				  questions that caused its reopening.
a. Corps
				  of Engineers.
i. If the District Engineer
				  advises the Director that denying the permit or imposing specified conditions
				  upon a permit is necessary to avoid any substantial impairment of anchorage or
				  navigation, then the Director shall deny the permit or include the specified
				  conditions in the permit.
ii. A
				  person shall use the applicable procedures of the Corps of Engineers Review and
				  not the procedures under this Article to appeal the denial of a permit or
				  conditions specified by the District Engineer.
iii. If the conditions are stayed by a court
				  of competent jurisdiction or by applicable procedures of the Corps of
				  Engineers, those conditions are considered stayed in the AZPDES permit for the
				  duration of that stay.
b. If an agency with jurisdiction over fish,
				  wildlife, or public health advises the Director in writing that the imposition
				  of specified conditions upon the permit is necessary to avoid substantial
				  impairment of fish, shellfish, or wildlife resource, the Director may include
				  the specified conditions in the permit to the extent they are determined
				  necessary to carry out the provisions of the Clean Water Act.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - GENERAL REQUIREMENTS › Section R18-9-A909 - Petitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person may
				  submit a petition to the Director requesting:
1. The issuance of a general
				  permit;
2. An individual permit
				  covering any discharge into an MS4 under
				  40
				  CFR 122.26(f), which is
				  incorporated by reference in
				  R18-9-A905(A)(1)(d);
				  or
3. An individual permit under
				  R18-9-C902(B)(1).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - INDIVIDUAL PERMITS › Section R18-9-B901 - Individual Permit Application

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Time to apply.
1. Any person who owns or
				  operates a facility covered by
				  R18-9-A902(B)
				  or
				  R18-9-A902(C),
				  shall apply for an AZPDES individual permit at least 180 days before the date
				  of the discharge or a later date if granted by the Director, unless the person:
a. Is exempt under
				  R18-9-A902(G);
b. Is covered by a general permit under
				  Article 9, Part C of this Chapter; or
c. Is a user of a privately owned treatment
				  works, unless the Director requires a permit under
				  40
				  CFR 122.44(m).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - INDIVIDUAL PERMITS › Section R18-9-B902 - Requested Coverage under a General Permit

Current through Register Vol. 30, No. 28, July 12, 2024
An owner or operator may request that an individual permit
					 be revoked, if a source is excluded from a general permit solely because it
					 already has an individual permit.
1.
				  The Director shall grant the request for revocation of an individual permit
				  upon determining that the permittee otherwise qualifies for coverage under a
				  general permit.
2. Upon revocation
				  of the individual permit, the general permit applies to the source.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - INDIVIDUAL PERMITS › Section R18-9-B903 - Individual Permit Issuance or Denial

Current through Register Vol. 30, No. 28, July 12, 2024
A. Once the application is complete, the
				  Director shall tentatively decide whether to prepare a draft permit or to deny
				  the application.
B. Permit
				  issuance. If, based upon the information obtained by or available to the
				  Department under
				  R18-9-A907,
				  R18-9-A908,
				  and
				  R18-9-B901,
				  the Director determines that an applicant complies with A.R.S. Title 49,
				  Chapter 2, Article 3.1 and Articles 9 and 10 of this Chapter, the Director
				  shall issue a permit that is effective as prescribed in A.R.S.
				  49-255.01(H).
C. Permit denial.
1. If the Director decides to deny the permit
				  application, the Director shall provide the applicant with a written notice of
				  intent to deny the permit application. The written notification shall include:
a. The reason for the denial with reference
				  to the statute or rule on which the denial is based;
b. The applicant's right to appeal the denial
				  with the Water Quality Appeals Board under A.R.S. §
												49-323,
				  the number of days the applicant has to file a protest challenging the denial,
				  and the name and telephone number of the Department contact person who can
				  answer questions regarding the appeals process; and
c. The applicant's right to request an
				  informal settlement conference under A.R.S. §§
												41-1092.03(A)
				   and
				  41-1092.06.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - INDIVIDUAL PERMITS › Section R18-9-B904 - Individual Permit Duration, Reissuance, and Continuation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Permit duration.
1. An AZPDES individual permit is effective
				  for a fixed term of not more than five years. The Director may issue a permit
				  for a duration that is less than the full allowable term.
2. If the Director does not reissue a permit
				  within the period specified in the permit, the permit expires, unless it is
				  continued under subsection (C).
3.
				  If a permittee of a large or medium MS4 allows a permit to expire by failing to
				  reapply within the time period specified in subsection (B), the permittee shall
				  submit a new application under
				  R18-9-B901
				  and follow the application requirements under
				  40
				  CFR 122.26(d), which is
				  incorporated by reference in
				  R18-9-A905(A)(1)(d).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - INDIVIDUAL PERMITS › Section R18-9-B905 - Individual Permit Transfer

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				  permittee may request the Director to transfer an individual permit to a new
				  permittee. The Director may modify, or revoke and reissue the permit to
				  identify the new permittee, or make a minor modification to identify the new
				  permittee.
B. Automatic transfer.
				  The Director may automatically transfer an individual permit to a new permittee
				  if:
1. The current permittee notifies the
				  Director by certified mail at least 30 days in advance of the proposed transfer
				  date and includes a written agreement between the existing and new permittee
				  containing a specific date for transfer of permit responsibility, coverage, and
				  liability between them; and
2. The
				  Director does not notify the existing permittee and the proposed new permittee
				  of the Director's intent to modify, or revoke and reissue the permit. A
				  modification under this subsection may include a minor modification specified
				  in
				  R18-9-B906(B).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - INDIVIDUAL PERMITS › Section R18-9-B906 - Modification, Revocation and Reissuance, and Termination of Individual Permits

Current through Register Vol. 30, No. 28, July 12, 2024
A. Permit
				  modification, revocation and reissuance.
1.
				  The Director may modify, or revoke and reissue an individual permit for any of
				  the following reasons:
a. The Director
				  receives a written request from an interested person;
b. The Director receives information, such as
				  when inspecting a facility;
c. The
				  Director receives a written request to modify, or revoke and reissue a permit
				  from a permittee as required in the individual permit; or
d. After review of a permit file, the
				  Director determines one or more of the causes listed under
				  40
				  CFR 122.62(a) or (b) exists.
i. If the Director decides a written request
				  is not justified under
				  40
				  CFR 122.62 or subsection (B), the Director
				  shall send the requester a brief written response giving a reason for the
				  decision.
ii. The denial of a
				  request for modification, or revocation and reissuance is not subject to public
				  notice, comment, or hearing under
				  R18-9-A907 and
				  R18-9-A908(A)
				  and (B).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - INDIVIDUAL PERMITS › Section R18-9-B907 - Individual Permit Variances

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  Director may grant or deny a request for any of the following variances:
1. An extension under section 301(i) of the
				  Clean Water Act (
				  33 U.S.C.
				  1311 ) based on a delay in completion of a
				  POTW;
2. After consultation with
				  EPA, an extension under section 301(k) of the Clean Water Act (
				  33 U.S.C.
				  1311 ) based on the use of innovative
				  technology;
3. A variance under
				  section 316(a) of the Clean Water Act (
				  33 U.S.C. 1326
				  ) for thermal pollution, or
4. A
				  variance under
				  R18-11-122
				  for a water quality standard.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - GENERAL PERMITS › Section R18-9-C901 - General Permit Issuance

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  Director may issue a general permit to cover one or more categories of
				  discharges, sludge use, or disposal practices, or facilities within a
				  geographic area corresponding to existing geographic or political boundaries,
				  if the sources within a covered category of discharges are either:
1. Stormwater point sources; or
2. One or more categories of point sources
				  other than stormwater point sources, or one or more categories of treatment
				  works treating domestic sewage, if the sources, or treatment works treating
				  domestic sewage, within each category all:
a.
				  Involve the same or substantially similar types of operations;
b. Discharge the same types of wastes or
				  engage in the same types of sludge use or disposal practices;
c. Require the same effluent limitations,
				  operating conditions, or standards for sludge use or disposal;
d. Require the same or similar monitoring;
				  and
e. Are more appropriately
				  controlled under a general permit than under an individual permit.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - GENERAL PERMITS › Section R18-9-C902 - Required and Requested Coverage under an Individual Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A. Individual
				  permit requirements.
1. The Director may
				  require a person authorized by a general permit to apply for and obtain an
				  individual permit for any of the following cases:
a. A discharger or treatment works treating
				  domestic sewage is not in compliance with the conditions of the general
				  permit;
b. A change occurs in the
				  availability of demonstrated technology or practices for the control or
				  abatement of pollutants applicable to the point source or treatment works
				  treating domestic sewage;
c.
				  Effluent limitation guidelines are promulgated for point sources covered by the
				  general permit;
d. An Arizona Water
				  Quality Management Plan containing requirements applicable to the point sources
				  is approved;
e. Circumstances
				  change after the time of the request to be covered so that the discharger is no
				  longer appropriately controlled under the general permit, or either a temporary
				  or permanent reduction or elimination of the authorized discharge is
				  necessary;
f. Standards for sewage
				  sludge use or disposal are promulgated for the sludge use and disposal
				  practices covered by the general permit; or
g. If the Director determines that the
				  discharge is a significant contributor of pollutants. When making this
				  determination, the Director shall consider:
i.
				  The location of the discharge with respect to navigable waters,
ii. The size of the discharge,
iii. The quantity and nature of the
				  pollutants discharged to navigable waters, and
iv. Any other relevant factor.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - GENERAL PERMITS › Section R18-9-C903 - General Permit Duration, Reissuance, and Continuation

Current through Register Vol. 30, No. 28, July 12, 2024
A. General permit duration.
1. An AZPDES general permit is effective for
				  a fixed term of not more than five years. The Director may issue a permit for a
				  duration that is less than the full allowable term.
2. If the Director does not reissue a general
				  permit before the expiration date, the current general permit will be
				  administratively continued and remain in force and effect until the general
				  permit is reissued.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - GENERAL PERMITS › Section R18-9-C904 - Change of Ownership or Operator under a General Permit

Current through Register Vol. 30, No. 28, July 12, 2024
If a change of ownership or operator occurs for a facility
					 operating under a general permit:
1.
				  Permitted owner or operator. The permittee shall provide the Department with a
				  Notice of Termination by certified mail within 30 days after the new owner or
				  operator assumes responsibility for the facility.
a. The Notice of Termination shall include
				  all requirements for termination specified in the general permit for which the
				  Notice of Termination is submitted.
b. A permittee shall comply with the permit
				  conditions specified in the general permit for which the Notice of Termination
				  is submitted until the Notice of Termination is received by the
				  Department.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - GENERAL PERMITS › Section R18-9-C905 - General Permit Modification and Revocation and Reissuance

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director may
				  modify or revoke a general permit issued under
				  R18-9-A907(B),
				  R18-9-A908,
				  and
				  R18-9-C901
				  if one or more of the causes listed under
				  40
				  CFR 122.62(a) or (b)
				  exists.
B. The Director shall
				  follow the procedures specified in
				  R18-9-A907(B)
				  and
				  R18-9-A908
				  to modify or revoke and reissue a general permit.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - ANIMAL FEEDING OPERATIONS AND CONCENTRATED ANIMAL FEEDING OPERATIONS › Section R18-9-D901 - CAFO Designations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Two or
				  more animal feeding operations under common ownership are considered a single
				  animal feeding operation if they adjoin each other or if they use a common area
				  or system for the disposal of wastes.
B. The Director shall designate an animal
				  feeding operation as a CAFO if the animal feeding operation significantly
				  contributes a pollutant to a navigable water. The Director shall consider the
				  following factors when making this determination:
1. The size of the animal feeding operation
				  and the amount of wastes reaching a navigable water;
2. The location of the animal feeding
				  operation relative to a navigable water;
3. The means of conveyance of animal wastes
				  and process wastewaters into a navigable water;
4. The slope, vegetation, rainfall, and any
				  other factor affecting the likelihood or frequency of discharge of animal
				  wastes and process wastewaters into a navigable water; and
5. Any other relevant factor.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - ANIMAL FEEDING OPERATIONS AND CONCENTRATED ANIMAL FEEDING OPERATIONS › Section R18-9-D902 - AZPDES Permit Coverage Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person who owns or operates a CAFO,
				  except as provided in subsections (B) and (C), shall submit an application for
				  an individual permit under
				  R18-9-B901(B)
				  or seek coverage under a general permit under
				  R18-9-C901(B)
				  within the applicable deadline specified in
				  R18-9-D904(A).
B. If a person who owns or operates a large
				  CAFO receives a no potential to discharge determination under
				  R18-9-D903,
				  coverage under an AZPDES permit described in this Part is not
				  required.
C. The discharge of
				  manure, litter, or process wastewater to a navigable water from a CAFO as a
				  result of the application of manure, litter, or process wastewater by the CAFO
				  to land areas under its control is subject to AZPDES permit requirements,
				  except where it is an agricultural stormwater discharge as provided in section
				  502(14) of the Clean Water Act (
				  33
				  U.S.C. 1362(14) ). For
				  purposes of this Section, an "agricultural stormwater discharge" means a
				  precipitation-related discharge of manure, litter, or process wastewater from
				  land areas under the control of a CAFO when the person who owns or operates the
				  CAFO has applied the manure, litter, or process wastewater according to
				  site-specific nutrient management practices to ensure appropriate agricultural
				  use of the nutrients in the manure, litter, or process wastewater, as specified
				  under
				  40
				  CFR 122.42(e)(1)(vi) through
				  (ix).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - ANIMAL FEEDING OPERATIONS AND CONCENTRATED ANIMAL FEEDING OPERATIONS › Section R18-9-D903 - No Potential to Discharge Determinations for Large CAFOs

Current through Register Vol. 30, No. 28, July 12, 2024
A. For purposes of
				  this Section, "no potential to discharge" means that there is no potential for
				  any CAFO manure, litter, or process wastewater to enter into a navigable water
				  under any circumstance or climatic condition.
B. Any person who owns or operates a large
				  CAFO and has not had a discharge within the previous five years may request a
				  no potential to discharge determination by submitting to the Department:
1. The information specified in
				  40
				  CFR 122.21(f) and
				  40
				  CFR 122.21(i)(1)(i) through
				  (ix) on a form obtained from the Department,
				  by the applicable date specified in
				  R18-9-D904(A);
				  and
2. Any additional information
				  requested by the Director to supplement the request or requested through an
				  onsite inspection of the CAFO.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - ANIMAL FEEDING OPERATIONS AND CONCENTRATED ANIMAL FEEDING OPERATIONS › Section R18-9-D904 - AZPDES Permit Coverage Deadlines

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person who owns or operates a CAFO
				  shall apply for or seek coverage under an AZPDES permit and shall comply with
				  all applicable AZPDES requirements, including the duty to maintain permit
				  coverage under subsection (C).
1. Permit
				  coverage deadline for an animal feeding operation operating before April 14,
				  2003.
a. An owner or operator of an animal
				  feeding operation that operated before April 14, 2003 and was defined as a CAFO
				  before February 2, 2004 shall apply for or seek permit coverage or maintain
				  permit coverage and comply with the conditions of the applicable AZPDES
				  permit;
b. An owner or operator of
				  an animal feeding operation that operated before April 14, 2003 and was not
				  defined as a CAFO until February 2, 2004 shall apply for or seek permit
				  coverage by a date specified by the Director, but no later than February 13,
				  2006;
c. An owner or operator of an
				  animal feeding operation that operated before April 14, 2003 who changes the
				  operation on or after February 2, 2004, resulting in the operation being
				  defined as a CAFO, shall apply for or seek permit coverage as soon as possible,
				  but no later than 90 days after the operational change. If the operational
				  change will not make the operation a CAFO as defined before February 2, 2004,
				  the owner or operator may take until April 13, 2006 or 90 days after the
				  operation is defined as a CAFO, whichever is later, to apply for or seek permit
				  coverage;
d. An owner or operator
				  of an animal feeding operation that operated before April 14, 2003 who
				  constructs additional facilities on or after February 2, 2004, resulting in the
				  operation being defined as a CAFO that is a new source, shall apply for or seek
				  permit coverage at least 180 days before the new source portion of the CAFO
				  commences operation. If the calculated 180-day deadline occurs before February
				  2, 2004 and the operation is not subject to this Article before February 2,
				  2004, the owner or operator shall apply for or seek permit coverage no later
				  than March 3, 2004.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 9 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - ANIMAL FEEDING OPERATIONS AND CONCENTRATED ANIMAL FEEDING OPERATIONS › Section R18-9-D905 - Closure Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Closure.
1. A person who owns or operates a CAFO shall
				  notify the Department of the person's intent to cease operations without
				  resuming an activity for which the facility was designed or operated.
2. A person who owns or operates a CAFO shall
				  submit a closure plan to the Department for approval 90 days before ceasing
				  operation. The closure plan shall describe:
a. For operations that met the "no potential
				  to discharge" under
				  R18-9-D903,
				  facility-related information based on the Notice of Termination form for the
				  applicable general permit;
b. The
				  approximate quantity of manure, process wastewater, and other materials and
				  contaminants to be removed from the facility;
c. The destination of the materials to be
				  removed from the facility and documentation that the destination is approved to
				  accept the materials;
d. The method
				  to treat any material remaining at the facility;
e. The method to control the discharge of
				  pollutants from the facility;
f.
				  Any limitations on future land or water use created as a result of the
				  facility's operations or closure activities;
g. A schedule for implementing the closure
				  plan; and
h. Any other relevant
				  information the Department determines necessary.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1002 - Applicability and Prohibitions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				This Article applies to:
1. Any person who:
a. Prepares biosolids for land application or
				disposal in a sewage sludge unit or in an incinerator,
b. Transports biosolids for land application
				or incineration, or disposal in a sewage sludge unit,
c. Applies biosolids to the land,
d. Owns or operates a sewage sludge
				unit,
e. Owns or leases land to
				which biosolids are applied, or
f.
				Owns or operates an incinerator that fires sewage sludge,
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1003 - General Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				shall not use or transport biosolids, apply biosolids to land, or place
				biosolids on a surface disposal site in Arizona, except as established in this
				Article.
B. The management
				practices in
				R18-9-1007
				and
				R18-9-1008
				do not apply if biosolids are exceptional quality biosolids.
C. The applicator shall obtain, submit to the
				Department, and maintain the information required to comply with the
				requirements of this Article.
D.
				The applicator shall not receive bulk biosolids without prior written
				confirmation of the filing of a "Request for Registration" under
				R18-9-1004.
E. The land owner or lessee of land on which
				bulk biosolids, that are not exceptional quality biosolids, have been applied
				shall notify any subsequent land owner and lessee of all previous land
				applications of biosolids and shall disclose any site restrictions listed in
				R18-9-1009 that
				are in effect at the time the property is transferred.
F. A person who prepares biosolids shall
				ensure that the applicable requirements in this Article are met when the
				biosolids are applied to the land or placed on a surface disposal
				site.
G. If necessary to protect
				public health and the environment from any adverse effect of a pollutant in the
				biosolids, the Department may impose, on a case-by-case basis, requirements for
				the use or disposal of biosolids, including exceptional quality biosolids, in
				addition to, or more stringent than, the requirements in this Article. The
				Department shall notify the preparer, applier, or land owner of these
				requirements by letter and include the justification for the requirements and
				the length of time or applicability for the requirements.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1004 - Applicator Registration, Bulk Biosolids

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person intending to land-apply bulk
				biosolids in Arizona shall submit, on a form provided by the Department, a
				completed "Request for Registration."
B. An applicator shall not engage in land
				application of bulk biosolids, unless the applicator has obtained a prior
				written acknowledgment of the Request for Registration or a supplemental
				request from the Department.
C. The
				Request for Registration for all biosolids, except exceptional quality
				biosolids, shall include:
1. The name,
				address, and telephone number of the applicator and any agent of the
				applicator;
2. The name and
				telephone number of a primary contact person who has specific knowledge of the
				land application activities of the applicator;
3. Whether the applicator holds a NPDES or
				AZPDES permit, and, if so, the permit number;
4. The identity of the person, if different
				from the applicator, including the NPDES or AZPDES permit number, who will
				prepare the biosolids for land application; and
5. The following information, unless the
				information is already on file at the Department as part of an approved land
				application plan, for each site on which application is anticipated to take
				place:
a. The name, mailing address, and
				telephone number of the land owner and lessee, if any;
b. The physical location of the site by
				county;
c. The legal description of
				the site, including township, range, and section, or latitude and longitude at
				the center of each site;
d. The
				number of acres or hectares at each site to be used;
e. Except for sites described in
				R18-9-1005(D)(2)(c), background concentrations of the pollutants listed in
				Table 4 of
				R18-9-1005
				from representative soil samples;
f. The location of any portion of the site
				having a slope greater than 6%; and
g. Public notice. Proof of placement of a
				public notice announcing the potential use of the site for the application of
				biosolids when a site has not previously received biosolids, or when a site has
				not been used for land application for at least three consecutive years.
i. The notice shall appear at least once each
				week for at least two consecutive weeks in the largest newspaper in general
				circulation in the area in which the site is located.
ii. If a site is not used for land
				application for at least three consecutive years, the applicator shall renotice
				the site following the process described in subsection (C)(5)(g)(i) before its
				reuse.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1005 - Pollutant Concentrations

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person shall not apply biosolids with pollutant concentrations that exceed any
				of the ceiling concentrations established in Table 1.
B. A person shall not apply biosolids sold or
				given away in a bag or other container that are not exceptional quality
				biosolids to a site if any annual pollutant loading rate in Table 3 will be
				exceeded. A person shall determine annual application rates using the
				methodology established in Appendix A.
C. A person shall not apply bulk biosolids to
				a lawn or garden unless the biosolids are exceptional quality
				biosolids.
D. Unless using
				exceptional quality biosolids, a person shall not apply bulk biosolids to a
				site when:
1. The pollutant concentrations
				exceed the levels in Table 2, or
2.
				Any cumulative pollutant loading rate in Table 4 will be exceeded. A person
				shall determine compliance with the site cumulative pollutant loading rates
				using the following:
a. By identifying all
				known biosolids application events and information relevant to a site since
				September 13, 1979.
b. By
				calculating the existing cumulative level of the pollutants established in
				Table 4 using actual analytical data from the application events or if actual
				analytical data from application events before April 1996 are not available,
				background concentrations determined by taking representative soil samples of
				the site, if it is known that the site received biosolids before April
				1996.
c. Background soil tests are
				not required for those sites that have not received biosolids before April 23,
				1996.
Table 1. Ceiling Concentrations
Pollutant
Ceiling concentrations (milligrams per
							 kilogram) (1)
Arsenic
75.0
Cadmium
85.0
Chromium
3000.0
Copper
4300.0
Lead
840.0
Mercury
57.0
Molybdenum
75.0
Nickel
420.0
Selenium
100.0
Zinc
7500.0
(1) Dry-weight basis.
Table 2. Monthly Average Pollutant
				  Concentrations
Pollutant
Concentration limits (milligrams per kilogram)
							 (1)
Arsenic
41.0
Cadmium
39.0
Copper
1500.0
Lead
300.0
Mercury
17.0
Nickel
420.0
Selenium
100.0
Zinc
2800.0
(1) Dry-weight basis.
Table 3. Annual Pollutant Loading Rates
Pollutant
Annual pollutant loading rates (in kilograms
							 per hectare)
Arsenic
2.0
Cadmium
1.9
Copper
75.0
Lead
15.0
Mercury
0.85
Nickel
21.0
Selenium
5.0
Zinc
140.0
Table 4. Cumulative Pollutant Loading
				  Rates
Pollutant
Cumulative pollutant loading rates (in
							 kilograms per hectare)
Arsenic
41.0
Cadmium
39.0
Copper
1500.0
Lead
300.0
Mercury
17.0
Nickel
420.0
Selenium
100.0
Zinc
2800.0
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1006 - Class A and Class B Pathogen Reduction Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicator shall ensure that all
				biosolids applied to land meet Class A or Class B pathogen reduction
				requirements at the time the biosolids are:
1. Placed on an active sewage sludge unit
				unless the biosolids are covered with soil or other material at the end of each
				operating day, or
2. Land
				applied.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1009 - Site Restrictions

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				following site restrictions apply to land where biosolids, which do not meet
				the Class A pathogen reduction requirements established in
				R18-9-1006,
				are land-applied.
1. A person shall not:
a. Harvest food crop parts that touch the
				biosolids, or biosolids and soil mixture, but otherwise grow above the land's
				surface for 14 months following application;
b. Harvest food crop parts growing in or
				below the land's surface for 20 months following application if the biosolids
				remain unincorporated on the land's surface for four months or more;
c. Harvest food crop parts growing in or
				below the land's surface for 38 months following application if the biosolids
				remain on the land's surface for less than four months before
				incorporation;
d. Harvest food,
				feed, and fiber crops for 30 days after application;
e. Graze animals on the land for 30 days
				after application; or
f. Harvest
				turf to be used at a public contact site or private residence for one year
				after application.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1011 - Transportation

Current through Register Vol. 30, No. 28, July 12, 2024
A. A transporter of
				bulk biosolids into and within Arizona shall use covered trucks, trailers,
				rail-cars, or other vehicles that are leakproof.
B. A transporter of bulk biosolids in liquid
				or semisolid form, including domestic septage, into and within Arizona shall
				comply with the requirements in A.A.C.
				R18-8-612.
				A transporter of bulk biosolids in solid form into and within Arizona shall
				comply with the requirements in A.A.C.
				R18-13-310.
C. A transporter of biosolids shall clean any
				truck, trailer, rail-car, or other vehicle used to transport biosolids to
				prevent odors or insect breeding. A transporter shall clean any tank vessel
				used to transport commercial or industrial septage or restaurant grease-trap
				wastes, that is also used to haul domestic septage, before loading the domestic
				septage to ensure that mixing of wastes does not occur.
D. If bulk biosolids are spilled while being
				transported, the transporter shall:
1.
				Immediately pick up any spillage, including any visibly discolored soil, unless
				otherwise determined by the Department on a case-by-case basis;
2. Within 24 hours after the spill, notify
				the Department of the spill and submit written notification of the spill within
				seven days. The written notification shall include the location of the spill,
				the reason it occurred, the amount of biosolids spilled, and the steps taken to
				clean up the spill.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1012 - Self-monitoring

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in subsection (B) the person who prepares the biosolids shall conduct
				self-monitoring events at the frequency listed in Table 5 for the pollutants
				listed in
				R18-9-1005,
				the pathogen reduction in
				R18-9-1006
				and the vector attraction reduction requirements in
				R18-9-1010.
Table 5. Frequency of Self-monitoring
Amount of biosolids prepared
(tons/metric tons per 365-day
							 period(1) )
Frequency
Greater than zero but less than 319.6/290
Once per year
Equal to or greater than 319.6/290 but less than
							 1,653/1,500
Once per quarter
(Four times per year)
Equal to or greater than 1,653/1,500 but less than
							 16,530/15,000
Once per 60 days
(Six times per year)
Equal to or greater than 16,530/15,000
Once per month
(12 times per year)
(1) The amount
				of biosolids prepared in a calendar year (dry-weight basis).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 10 - ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS › Section R18-9-1013 - Recordkeeping

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who
				prepares biosolids shall collect and retain the following information for at
				least five years:
1. The date, time, and
				method used for each sampling activity and the identity of the person
				collecting the sample;
2. The date,
				time, and method used for each sample analysis and the identity of the person
				conducting the analysis;
3. The
				results of all analyses of pollutants regulated under
				R18-9-1005
				and organic and ammonium nitrogen to comply with
				R18-9-1007(A)(7);
4. The results of all pathogen density
				analyses and applicable descriptions of the methods used for pathogen treatment
				in
				R18-9-1006;
5. A description of the methods used, if any,
				and the operating values and ranges observed in any pre-land application,
				vector attraction reduction activities required in R18-9-1010(A); and
6. For the records described in subsections
				(A)(1) through (A)(5), the following certification statement signed by a
				responsible official of the person who prepares the biosolids:
"I certify, under penalty of law, that the pollutant analyses
				  and the description of pathogen treatment and vector attraction reduction
				  activities have been made under my direction and supervision and under a system
				  designed to ensure that qualified personnel properly gather and evaluate the
				  information used to determine whether the applicable biosolids requirements
				  have been met. I am aware that there are significant penalties for false
				  certification including the possibility of fine and imprisonment."