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-A901 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §
										49-201 and
					 49-255,
					 the following terms apply to this Article:
1. "Animal confinement area" means any part of an animal
					 feeding operation where animals are restricted or confined including open lots,
					 housed lots, feedlots, confinement houses, stall barns, free stall barns,
					 milkrooms, milking centers, cowyards, barnyards, medication pens, walkers,
					 animal walkways, and stables.
2. "Animal feeding operation" means a lot or facility
					 (other than an aquatic animal production facility) where the following
					 conditions are met:
a. Animals (other than aquatic animals) have been, are, or
					 will be stabled or confined and fed or maintained for a total of 45 days or
					 more in any 12-month period, and
b. Crops, vegetation, forage growth, or post-harvest
					 residues are not sustained in the normal growing season over any portion of the
					 lot or facility.
3. "Aquaculture project" means a defined managed water area
					 that uses discharges of pollutants into that designated project area for the
					 maintenance or production of harvestable freshwater plants or animals. For
					 purposes of this definition, "designated project area" means the portion or
					 portions of the navigable waters within which the permittee or permit applicant
					 plans to confine the cultivated species using a method or plan of operation,
					 including physical confinement, that on the basis of reliable scientific
					 evidence, is expected to ensure that specific individual organisms comprising
					 an aquaculture crop will enjoy increased growth attributable to the discharge
					 of pollutants, and be harvested within a defined geographic area.
4. "Border area" means 100 kilometers north and south of
					 the Arizona-Sonora, Mexico border.
5. "Bypass" means the intentional diversion of waste
					 streams from any portion of a treatment facility.
6. "CAFO" means any large concentrated animal feeding
					 operation, medium concentrated animal feeding operation, or animal feeding
					 operation designated under
					 R18-9-D901.
7. "Concentrated aquatic animal production facility" means
					 a hatchery, fish farm, or other facility that contains, grows, or holds aquatic
					 animals in either of the following categories:
a. Cold-water aquatic animals. Cold-water fish species or
					 other cold-water aquatic animals (including the Salmonidae family of fish) in a
					 pond, raceway, or other similar structure that discharges at least 30 days per
					 year, but does not include:
i. A facility that produces less than 9,090 harvest weight
					 kilograms (approximately 20,000 pounds) of aquatic animals per year; and
ii. A facility that feeds the aquatic animals less than
					 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month
					 of maximum feeding.
b. Warm-water aquatic animals. Warm-water fish species or
					 other warm-water aquatic animals (including the Ameiuride, Centrarchidae, and
					 Cyprinidae families of fish) in a pond, raceway, or other similar structure
					 that discharges at least 30 days per year, but does not include:
i. A closed pond that discharges only during periods of
					 excess runoff; or
ii. A facility that produces less than 45,454 harvest
					 weight kilograms (approximately 100,000 pounds) of aquatic animals per
					 year.
8. "Daily discharge" means the discharge of a pollutant
					 measured during a calendar day or any 24-hour period that reasonably represents
					 the calendar day for purposes of sampling. For pollutants with limitations
					 expressed in units of mass, the daily discharge is calculated as the total mass
					 of the pollutant discharged over the day. For pollutants with limitations
					 expressed in other units of measurement, the daily discharge is calculated as
					 the average measurement of the pollutant over the day.
9. "Discharge of a pollutant" means any addition of any
					 pollutant or combination of pollutants to a navigable water from any point
					 source.
a. The term includes the addition of any pollutant into a
					 navigable water from:
i. A treatment works treating domestic sewage;
ii. Surface runoff that is collected or channeled by
					 man;
iii. A discharge through a pipe, sewer, or other conveyance
					 owned by a state, municipality, or other person that does not lead to a
					 treatment works; and
iv. A discharge through a pipe, sewer, or other conveyance,
					 leading into a privately owned treatment works.
b. The term does not include an addition of a pollutant by
					 any industrial user as defined in A.R.S. §
										49-255(4).
10. "Draft permit" means a document indicating the
					 Director's tentative decision to issue, deny, modify, revoke and reissue,
					 terminate, or reissue a permit.
a. A notice of intent to terminate a permit is a type of
					 draft permit unless the entire discharge is permanently terminated by
					 elimination of the flow or by connection to a POTW, but not by land application
					 or disposal into a well.
b. A notice of intent to deny a permit is a type of draft
					 permit.
c. A proposed permit or a denial of a request for
					 modification, revocation and reissuance, or termination of a permit, are not
					 draft permits.
11. "EPA" means the U.S. Environmental Protection
					 Agency.
12. "General permit" means an AZPDES permit issued under 18
					 A.A.C. 9, Article 9, authorizing a category of discharges within a geographical
					 area.
13. "Individual permit" means an AZPDES permit for a single
					 point source, a single facility, or a municipal separate storm sewer
					 system.
14. "Land application area," for purposes of Article 9,
					 Part D, means land under the control of an animal feeding operation owner or
					 operator, whether it is owned, rented, or leased, to which manure, litter, or
					 process wastewater from the production area is or may be applied.
15. "Large concentrated animal feeding operation" means an
					 animal feeding operation that stables or confines at least the number of
					 animals specified in any of the following categories:
a. 700 mature dairy cows, whether milked or dry;
b. 1,000 veal calves;
c. 1,000 cattle other than mature dairy cows or veal
					 calves. Cattle includes heifers, steers, bulls, and cow and calf pairs;
d. 2,500 swine each weighing 55 pounds or more;
e. 10,000 swine each weighing less than 55 pounds;
f. 500 horses;
g. 10,000 sheep or lambs;
h. 55,000 turkeys;
i. 30,000 laying hens or broilers, if the animal feeding
					 operation uses a liquid manure handling system;
j. 125,000 chickens (other than laying hens), if the animal
					 feeding operation uses other than a liquid manure handling system;
k. 82,000 laying hens, if the animal feeding operation uses
					 other than a liquid manure handling system;
l. 30,000 ducks, if the animal feeding operation uses other
					 than a liquid manure handling system; or
m. 5,000 ducks, if the animal feeding operation uses a
					 liquid manure handling system.
16. "Large municipal separate storm sewer system" means a
					 municipal separate storm sewer that is either:
a. Located in an incorporated area with a population of
					 250,000 or more as determined by the 1990 Decennial Census by the Bureau of the
					 Census;
b. Located in a county with an unincorporated urbanized
					 area with a population of 250,000 or more, according to the 1990 Decennial
					 Census by the Bureau of Census, but not a municipal separate storm sewer that
					 is located in an incorporated place, township, or town within the county;
					 or
c. Owned or operated by a municipality other than those
					 described in subsections (16)(a) and (16)(b) and that are designated by the
					 Director under
					 R18-9-A902(D)(2)
					 as part of the large municipal separate storm sewer system.
17. "Manure" means any waste or material mixed with waste
					 from an animal including manure, bedding, compost and raw materials, or other
					 materials commingled with manure or set aside for disposal.
18. "Manure storage area" means any part of an animal
					 feeding operation where manure is stored or retained including lagoons, run-off
					 ponds, storage sheds, stockpiles, under-house or pit storages, liquid
					 impoundments, static piles, and composting piles.
19. "Medium concentrated animal feeding operation" means an
					 animal feeding operation in which:
a. The type and number of animals that it stables or
					 confines falls within any of the following ranges:
i. 200 to 699 mature dairy cows, whether milked or
					 dry;
ii. 300 to 999 veal calves;
iii. 300 to 999 cattle other than mature dairy cows or veal
					 calves. Cattle includes heifers, steers, bulls, and cow and calf pairs;
iv. 750 to 2,499 swine each weighing 55 pounds or
					 more;
v. 3,000 to 9,999 swine each weighing less than 55
					 pounds;
vi. 150 to 499 horses;
vii. 3,000 to 9,999 sheep or lambs;
viii. 16,500 to 54,999 turkeys;
ix. 9,000 to 29,999 laying hens or broilers, if the animal
					 feeding operation uses a liquid manure handling system;
x. 37,500 to 124,999 chickens (other than laying hens), if
					 the animal feeding operation uses other than a liquid manure handling
					 system;
xi. 25,000 to 81,999 laying hens, if the animal feeding
					 operation uses other than a liquid manure handling system;
xii. 10,000 to 29,999 ducks, if the animal feeding
					 operation uses other than a liquid manure handling system; or
xiii. 1,500 to 4,999 ducks, if the animal feeding operation
					 uses a liquid manure handling system; and
b. Either one of the following conditions are met:
i. Pollutants are discharged into a navigable water through
					 a man-made ditch, flushing system, or other similar man-made device; or
ii. Pollutants are discharged directly into a navigable
					 water that originates outside of and passes over, across, or through the animal
					 feeding operation or otherwise comes into direct contact with the animals
					 confined in the operation.
20. "Medium municipal separate storm sewer system" means a
					 municipal separate storm sewer that is either:
a. Located in an incorporated area with a population of
					 100,000 or more but less than 250,000, as determined by the 1990 Decennial
					 Census by the Bureau of the Census; or
b. Located in a county with an unincorporated urbanized
					 area with a population of 100,000 or more but less than 250,000 as determined
					 by the 1990 Decennial Census by the Bureau of the Census; or
c. Owned or operated by a municipality other than those
					 described in subsections (20)(a) and (20)(b) and that are designated by the
					 Director under
					 R18-9-A902(D)(2)
					 as part of the medium municipal separate storm sewer system.
21. "MS4" means municipal separate storm sewer
					 system.
22. "Municipal separate storm sewer" means a conveyance or
					 system of conveyances (including roads with drainage systems, municipal
					 streets, catch basins, curbs, gutters, ditches, manmade channels, and storm
					 drains):
a. Owned or operated by a state, city, town county,
					 district, association, or other public body (created by or pursuant to state
					 law) having jurisdiction over disposal of sewage, industrial wastes,
					 stormwater, or other wastes, including special districts under state law such
					 as a sewer district, flood control district or drainage district, or similar
					 entity, or a designated and approved management agency under section 208 of the
					 Clean Water Act (
					 33 U.S.C.
					 1288 ) that discharges to waters of the
					 United States;
b. Designed or used for collecting or conveying
					 stormwater;
c. That is not a combined sewer; and
d. That is not part of a POTW.
23. "Municipal separate storm sewer system" means all
					 separate storm sewers defined as "large," "medium," or "small" municipal
					 separate storm sewer systems or any municipal separate storm sewers on a
					 system-wide or jurisdiction-wide basis as determined by the Director under
					 R18-9-C902(A)(1)(g)(i)
					 through (iv).
24. "New discharger" includes an industrial user and means
					 any building, structure, facility, or installation:
a. From which there is or may be a discharge of
					 pollutants;
b. That did not commence the discharge of pollutants at a
					 particular site before August 13, 1979;
c. That is not a new source; and
d. That has never received a finally effective NPDES or
					 AZPDES permit for discharges at that site.
25. "New source" means any building, structure, facility,
					 or installation from which there is or may be a discharge of pollutants, the
					 construction of which commenced:
a. After the promulgation of standards of performance under
					 section 306 of the Clean Water Act (
					 33 U.S.C.
					 1316 ) that are applicable to the source,
					 or
b. After the proposal of standards of performance in
					 accordance with section 306 of the Clean Water Act (
					 33 U.S.C.
					 1316 ) that are applicable to the source, but
					 only if the standards are promulgated under section 306 (
					 33 U.S.C.
					 1316 ) within 120 days of their
					 proposal.
26. "NPDES" means the National Pollutant Discharge
					 Elimination System, which is the national program for issuing, modifying,
					 revoking, reissuing, terminating, monitoring, and enforcing permits, and
					 imposing and enforcing pretreatment and biosolids requirements under sections
					 307 (
					 33 U.S.C.
					 1317 ), 318 (
					 33
					 U.S.C. 1328 ), 402 (
					 33 U.S.C.
					 1342 ), and 405 (
					 33 U.S.C.
					 1345 ) of the Clean Water Act.
27. "Pollutant" means dredged spoil, solid waste,
					 incinerator residue, filter backwash, sewage, garbage, sewage sludge,
					 munitions, chemical wastes, biological materials, radioactive materials (except
					 those regulated under the Atomic Energy Act of 1954, as amended (
					 42
					 U.S.C. 2014 et seq.)), heat, wrecked or
					 discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and
					 agricultural waste discharged into water. It does not mean:
a. Sewage from vessels; or
b. Water, gas, or other material that is injected into a
					 well to facilitate production of oil or gas, or water derived in association
					 with oil and gas production and disposed of in a well, if the well used either
					 to facilitate production or for disposal purposes is approved by authority of
					 this state, and if the state determines that the injection or disposal will not
					 result in the degradation of ground or surface water resources. (
					 40
					 CFR 122.2 )
28. "POTW" means a publicly owned treatment works.
29. "Process wastewater," for purposes of Article 9, Part
					 D, means any water that comes into contact with a raw material, product, or
					 byproduct including manure, litter, feed, milk, eggs, or bedding and water
					 directly or indirectly used in the operation of an animal feeding operation for
					 any or all of the following:
a. Spillage or overflow from animal or poultry watering
					 systems;
b. Washing, cleaning, or flushing pens, barns, manure pits,
					 or other animal feeding operation facilities;
c. Direct contact swimming, washing, or spray cooling of
					 animals; or
d. Dust control.
30. "Proposed permit" means an AZPDES permit prepared after
					 the close of the public comment period (including EPA review), and any
					 applicable public hearing and administrative appeal, but before final issuance
					 by the Director. A proposed permit is not a draft permit.
31. "Pretreatment" means the reduction of the amount of
					 pollutants, the elimination of pollutants, or the alteration of the nature of
					 pollutant properties in wastewater before or instead of discharging or
					 otherwise introducing the pollutants into a POTW.
32. "Production area," for purposes of Article 9, Part D,
					 means the animal confinement area, manure storage area, raw materials storage
					 area, and waste containment areas. Production area includes any egg washing or
					 egg processing facility and any area used in the storage, handling, treatment,
					 or disposal of animal mortalities.
33. "Raw materials storage area" means the part of an
					 animal feeding operation where raw materials are stored including feed silos,
					 silage bunkers, and bedding materials.
34. "Silviculture point source" means any discernible,
					 confined, and discrete conveyance related to rock crushing, gravel washing, log
					 sorting, or log storage facilities that are operated in connection with
					 silvicultural activities and from which pollutants are discharged into
					 navigable waters. The term does not include nonpoint source silvicultural
					 activities such as nursery operations, site preparation, reforestation and
					 subsequent cultural treatment, thinning, prescribed burning, pest and fire
					 control, harvesting operations, surface drainage, or road construction and
					 maintenance from which there is natural runoff. For purposes of this
					 definition:
a. "Log sorting and log storage facilities" means
					 facilities whose discharge results from the holding of unprocessed wood, for
					 example, logs or round wood with or without bark held in self-contained bodies
					 of water or stored on land if water is applied intentionally on the
					 logs.
b. "Rock crushing and gravel washing facilities" mean
					 facilities that process crushed and broken stone, gravel, and riprap.
35. "Small municipal separate storm sewer system" means a
					 separate storm sewer that is:
a. Owned or operated by the United States, a state, city,
					 town, county, district, association, or other public body (created by or
					 pursuant to state law) having jurisdiction over disposal of sewage, industrial
					 wastes, storm water, or other wastes, including special districts under state
					 law such as a sewer district, flood control district or drainage district, or
					 similar entity, an Indian tribe or an authorized Indian tribal organization, or
					 a designated and approved management agency under section 208 of the Clean
					 Water Act (
					 33 U.S.C.
					 1288 ) that discharge to navigable
					 waters.
b. Not defined as a "large" or "medium" municipal separate
					 storm sewer system or designated under
					 R18-9-A902(D)(2).
c. Similar to municipal separate storm sewer systems such
					 as systems at military bases, large hospital or prison complexes, universities,
					 and highways and other thoroughfares. The term does not include a separate
					 storm sewer in a very discrete area such as an individual building.
36. "Stormwater" means stormwater runoff, snow melt runoff,
					 and surface runoff and drainage.
37. "Treatment works treating domestic sewage" means a POTW
					 or any other sewage sludge or waste water treatment device or system,
					 regardless of ownership (including federal facilities), used in the storage,
					 treatment, recycling, and reclamation of municipal or domestic sewage,
					 including land dedicated for the disposal of sewage sludge. This definition
					 does not include septic tanks or similar devices. For purposes of this
					 definition, "domestic sewage" includes waste and wastewater from humans or
					 household operations that are discharged to or otherwise enter a treatment
					 works.
38. "Waste containment area" means any part of an animal
					 feeding operation where waste is stored or contained including settling basins
					 and areas within berms and diversions that separate uncontaminated
					 stormwater.