Tuesday, February 2, 2010

New or Expanded Discharges Under ADEQ Proposed General Permit

The Arizona Department of Environmental Quality (ADEQ) recently posted an updated draft of its proposed multisector industrial stormwater discharge general permit for informal stakeholder review and input. This permit “AZPDES MSGP 2010”, once promulgated, will replace the existing industrial stormwater permit, which expired in 2005. ADEQ anticipates the MSGP to be public noticed sometime during the winter of 2010.

The permit addresses new or expanded stormwater discharges to impaired waters and to Outstanding Arizona Waters (OAW).


New Dischargers to Water Quality Impaired Waters.
A new discharger to an impaired water is not automatically eligible for coverage under the general permit. To receive authorization under the permit, the applicant shall make one of the following demonstrations and retain such data and other technical information onsite with the stormwater pollution prevention plan (SWPPP):

a. That the facility will employ measures to prevent all exposure to stormwater of the pollutant(s) for which the waterbody is impaired; or
b. That the discharge from the facility has no potential to contain the pollutants causing impairment; or
c. That the discharge is not expected to cause or contribute to an exceedance of a water quality standard. The applicant must demonstrate either: (i). The discharges are subject to stormwater control measures such that the discharges meet the applicable water quality standard at the point of discharge; or (ii). The discharges are consistent with the provisions of the TMDL.

Within 32 business days of receipt of this information, ADEQ will notify the applicant in writing that:
a. It is acceptable to proceed under the general permit;
b. The SWPPP is incomplete or otherwise deficient and must be revised; or
c. It is not eligible for coverage under the permit


Discharges to Outstanding Arizona Waters.
New or expanded discharges to a water or portion thereof classified as an OAW are not automatically eligible for coverage under the permit. To receive authorization for a new or expanded, the applicant must:

a. Submit the NOI and a copy of the SWPPP that includes a sampling and analysis plan to collect data appropriate to verify the demonstration below and
b. Demonstrate that the discharge will not degrade existing water quality in the downstream OAW.


Within 32 business days of receipt of this information, ADEQ will notify the applicant in writing that:
a. It is acceptable to proceed under the general permit;
b. The SWPPP is incomplete or otherwise deficient and must be revised; or
c. It is not eligible for coverage under the permit

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